Thompson stated in a press release that St. Maarten is violating Conventions 87, 98, 154 and 181. C87 Freedom of Association and Protection of the right to Organize Convention, 1948; C98 Right to organize and Collective Bargaining Convention, 1949; C154 Collective Bargaining Convention, 1981; C181 Private Employment Agencies Convention, 1997.
The Kingdom of the Netherlands has ratified many conventions. It was therefore up to the then Netherlands Antilles to decide which conventions they would make applicable to them. Conventions 98, 154 and 181 were not made applicable by the Netherlands Antilles and are therefore not applicable to St. Maarten.
Convention N0.87 Freedom of Association and Protection of the Right to Organize is applicable to St. Maarten. This Convention sets out the core framework of protection for the fundamental rights which is union rights, such as the right to join a trade union and the right to organize trade union activities.
The Workers Institute for Organized Labor (WIFOL) from the very beginning were representing the workers of the former Pelican Resort. WIFOL as a member of the Chamber of Labor Unions on St. Maarten has had the freedom and the right to be established and to represent workers. The workers were free to join an organization of their own choosing and to elect their representatives in full freedom as stated in Convention N0.87
Article 3 sub 2 of Convention N0. 87 states "The public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof." In no way has the rights of the workers and that of WIFOL been violated as far as this Convention is concerned.
The Constitution of St. Maarten also promotes Freedom of Association. In article 12 it states "The right of association is recognised. This right may be restricted under national ordinance in the interest of public order."
The government of St. Maarten never undertook, encouraged or sanctioned any action justifying the claim made by Mr. Thompson. The laws governing St. Maarten and policies of government guarantees freedom of association and conforms to ILO Convention 87, which guarantees core labor standards to all workers.
Even though ILO Conventions 98, 154 and 181 are not applicable to St. Maarten, the laws and policies of the government respects and promotes the rights of said conventions as stipulated in the constitution of the ILO.
