Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Sint Maarten

Article 2 of the Convention. Insertion of labour clauses in public contracts. The Committee notes the Government’s indication that the Convention was made applicable to Sint Maarten on October 10th, 2010. In its previous comments, initially made in 2012, the Committee has repeatedly requested the Government to take all necessary action in order to give full effect to the Convention and to provide detailed information in future reports on any progress made in this regard. The Committee notes with regret that the Convention is still not given effect in either law or practice, despite the Government’s indications over the past decade that draft directives concerning the insertion of labour clauses in public contracts were in preparation. It nevertheless notes the Government’s indication that it will be in a position to report on the application of the Convention in its next report. The Committee trusts that the Government will take all appropriate legislative or other measures without delay to give full effect to the core requirements of the Convention set out in Article 2, namely the insertion of labour clauses in all public contracts falling within the scope of Article 1 of the Convention. The Committee recalls that the Government can avail itself of the technical assistance of the Office should it wish to do so.

Application of the Convention. The Committee requests the Government to provide a detailed report with full particulars on the implementation of each of the provisions of the Convention, to enable the Office to assess the extent to which the provisions of the Convention are applied in law and practice, and to transmit extracts of bidding documents with the labour clauses in use.