~ “These aren’t raids, these are controls” ~
PHILIPSBURG -- The recent multidisciplinary controls are necessary to curb St. Maarten’s high unemployment rate and improve local law enforcement, said Minister of Justice Anna E. Richardson during the live Council of Ministers’ press briefing on Wednesday, February 16.
This was a reaction to the concerns expressed by Chairperson of Parliament’s Justice Committee Member of Parliament (MP) Grisha Heyliger-Marten in a press statement issued on Tuesday, February 15.
Richardson began her opening remarks by thanking the MP for her concerns, as they demonstrate the challenges pertaining to illegal labour. “After reading the article, I am truly happy the Chairlady expressed herself as she did, for she has now clearly given insight into what contributes to non-compliance practices in St. Maarten,” she said.
“Those who are residing here can now see what has contributed to our high unemployment numbers, poor tax compliance and a list of reasons why St. Maarten is struggling to thrive.”
She spoke about a conversation she had had with a former controller who commended the efforts of the multidisciplinary team. He indicated that it had been quite a struggle when he worked in that department because political interference often made it difficult for them to execute their job properly. According to the former controller, they were often told the businesses would comply, but then received calls to not visit certain establishments again.
Richardson said that some officers had taken videos of the recent controls in Simpson Bay to safeguard themselves. “Officers want to protect themselves as well, so they are filming exactly how they are interacting in these establishments,” she said.
She said that in one of those videos, a controller tells a law enforcement officer that he appreciates that law enforcement has joined the controls because the controllers were often ignored when visiting these establishments and requesting compliance. “They are ignored because the businesses feel so comfortable that they can simply pick up a phone, call a politician and nothing will happen,” Richardson explained.
“Now that law enforcement has stepped in to assist, it is coming over as harsh, coming over as though we are not taking into consideration the sorts of effects that this has on tourists.
“I’ll tell you what tourists are thinking. Tourists are concerned if we are hiring [undocumented – Ed.] individuals at establishments where their food is being prepared. If you are not complying to ensure that people are legally employed, how do I know you have passed health inspection? Those are the concerns of our tourists. And this travels all over. Because God forbid there is anyone to get ill with food poisoning, etcetera, how do we defend that?” she said.
Richardson also emphasised that that there was communication in writing with these establishments prior to entry, but that the businesses were not responding positively “because they feel they have that protection on the political front.”
She said that government must also look at businesses that do not register at the Department of Economic Affairs, do not apply for their employees at the Ministry of Public Health, Social Development and Labor VSA and do not ensure that workers are legal residents on the island.
In the Chairlady’s letter, business owners indicated that they had never seen this level of controls by Immigration. “That is absolutely not true. I’m sure that we can remember many years ago when Immigration really did their work. They would move into homes at 4:00am … those were raids. These aren’t raids, these are controls. These are the authorities simply executing controls,” Richardson said.
Government cannot be held accountable for businesses and persons not complying, she said. Richardson explained that when seven cruise ships are docked in St. Maarten’s port, 21,000 additional persons must be protected by law enforcement. “That means law enforcement has to be available to safeguard the lives of both residents and tourists. If we are increasing the capacity of people on the island, we have to have the financial means to increase law enforcement as well.”
She urged all business owners to visit the different government departments, including Economic Affairs, the Tax Department, and the Labour Department, and to ensure that their workers are applied for. Only then will these controls not have to be executed at this intensity, she said.
“We are densely populated; we have a high rate of unemployment,” Richardson said. She then told listeners about a call she had received from a father in tears, thanking the multidisciplinary team for their actions because his son had not been able to get a job until a business known to hire undocumented individuals called him to offer him a job after the most recent controls.
Richardson also announced that the Ministries of Justice, VSA and Tourism, Economic Affairs, Transport and Telecommunication (TEATT) are going to have a sit-down with the multidisciplinary team to discuss these operations and how to move forward. On the agenda is also a discussion on how to come across less aggressively, she said.
“But I also want to hear from them [the controllers – Ed.], because there is an assumption that it is aggressive. Just law enforcement being there with their guns is being conveyed to me as aggressive, but is it really?”
According to Richardson, her ultimate message is to ask everyone to read the Chairlady’s article, as she believes the insights will aid the understanding of the various challenges of these controls, as the controls are not in violation of any laws.
“We are asking businesses to do what is necessary. We are asking persons who have been living here for a long time and have been to the Immigration Department and have cried to the staff because they have been working for these businesses for so many years and the businesses refuse to apply for them [to come forward – Ed.].
“This is modern day slavery, because they are not paying them what they should be paid, not treating them correctly. It is wrong and it needs to be addressed,” she concluded her remarks.
VSA Minister Omar Ottley added that the Labor Department is currently investigating illegal labour. One of the main complaints pertains to the timeframe of the process to apply for working and residence permits, he said. Businesses often do not want to wait, so they illegally hire foreign workers.
Ottley said his ministry is collaborating with Justice to come up with a plan based on the research findings to curb the issue – both for employees and employers who refuse to file for their workers. “We often blame the [undocumented – Ed.] persons, when the employers sometimes – unknowing to the person – are committing these frauds.” The objective, he said, is to give everyone a fair chance.
