Photo: Claire Elshot
PHILIPSBURG--Windward Islands Chamber of Labour Unions (WICLU) addressed its legal concerns regarding the recently approved National Ordinance to cut remunerations for civil servants with the Ombudsman in a meeting on Wednesday, February 10.
President of WICLU Claire Elshot made the announcement during the St. Maarten Anti-Poverty Platform’s press conference on Thursday.
At the request of WICLU, Ombudsman Gwendolien Mossel and her staff met with a delegation of the labour unions. During the meeting, the WICLU president presented the “Denunciation of the cuts in remunerations legislation”. This agreement was unanimously agreed upon by all presidents of the affiliated labour unions.
Elshot said she informed the Ombudsman exactly how the legislation was in violation of the Constitution of St. Maarten, as well as in violation with international treaties, state legislation and national legislation.
WICLU was informed by the Ombudsman that their formal complaints can be filed online via the Ombudsman’s website, or via a complaint form. The union was requested to present these concerns, the legislation and articles which are being violated in writing, for review.
“The Constitution gives only the Ombudsman the possibility to request the Constitutional Court to review national legislation, if this legislation is not in compliance with the Constitution of St. Maarten,” said Elshot.
“The Ombudsman informed us that the legislation has not reached the Ombudsman as yet, but the Ombudsman will consider the concerns expressed by the unions of the Chamber of Labour Unions when reviewing the draft national ordinances approved by Parliament,” she continued.
She said WICLU was asked several questions by the Ombudsman and staff, and further asked to provide responses in writing. Questions asked included how the legislation was affecting workers, what does WICLU expect from the Ombudsman, which articles in the international, state and national legislation were violated in the draft legislation regulating cuts in remunerations, and what suggestions or alternatives do the unions have to address the government’s liquidity problem caused by the pandemic.
After thanking the Ombudsman for listening to WICLU’s concerns, the president offered the Ombudsman her cooperation to provide all information requested in writing for the Ombudsman to consider and to address.
Elshot confirmed to the media that there is no immediate deadline for the submission of this information.
