WILLEMSTAD – Three international labor conventions considered fundamental by the International Labour Organization (ILO) still do not apply to Curaçao, leaving the country outside specific international obligations concerning collective bargaining, equal pay between men and women and discrimination in employment.
The conventions concerned are ILO Convention 98 on the right to organize and collective bargaining, Convention 100 on equal remuneration for men and women for work of equal value, and Convention 111 on discrimination in employment and occupation.
Current ILO records show that none of the three has been declared applicable to Curaçao.
Other fundamental ILO conventions do apply to the country. Curaçao, for example, has been bound since 1951 by Convention 87 concerning freedom of association and the protection of the right to organize.
The situation is notable because of the position taken by the Kingdom of the Netherlands at this year’s International Labour Conference in Geneva.
In a letter to the Dutch Parliament, the government stated on behalf of the Kingdom that ratification and implementation of fundamental ILO conventions are of general importance.
When addressing social dialogue, the Kingdom specifically highlighted Conventions 87 and 98, dealing with freedom of association and collective bargaining. Convention 144, requiring consultation between governments, employers and workers on international labor standards, was also identified as important.
Curaçao is bound by Conventions 87 and 144, but not Convention 98.
The Kingdom has similarly identified Conventions 100 and 111 as fundamental instruments for promoting gender equality. However, neither currently applies to Curaçao.
Curaçao does have domestic legislation protecting several fundamental employment rights. The absence of the three ILO conventions therefore does not mean that collective bargaining, equal treatment or protection against discrimination are entirely unregulated.
It does mean that Curaçao is not directly bound by the specific international obligations contained in those conventions or subject to the corresponding ILO supervision.
The distinction is particularly relevant to equal pay.
Curaçao case law recognizes the principle that employees performing equal work under equal circumstances should receive equal pay. ILO Convention 100 establishes a broader standard: equal remuneration for men and women for work of equal value.
Under that principle, employees do not necessarily have to perform identical jobs. Different positions can be compared based on factors such as skills, responsibility, effort and working conditions.
That broader standard is not explicitly established as a general rule in Curaçao’s labor legislation.