On Wednesday, December 3rd 2008, the Island Government, in the person of Commissioner of Labor, Mrs. Sarah Wescott-Williams, gave its second, more extensive press briefing on the revised policy on employment permits which will go into effect on January 12th 2009. Said press briefing was followed by a press statement that was carried by all local news outlets, particularly the written press, comprising both the traditional newspapers as well as the internet news services. The policy itself was forwarded to all representatives of the press present at last week’s press briefing, whereas reference was also made to the Government websites where the policy has been posted.
In the ensuing days there have been broad reactions to aforementioned publicizing of the revised policy, not only from the press itself, but also from employers’ organizations such as the SHTA and the Chamber of Commerce, from employees’ representation such as the WIFOL, and notably from the general public itself. Though the totality of the reactions are perceived to be a general welcoming of a stricter yet more transparent policy that clearly speaks to the basic aim of the Federal legislation on the employment of foreign labor, it is fair to say as well that certain segments of the community seem to have a misconception regarding some if not all points of the revised policy.
Obviously those that understood the policy well, have reacted by acknowledging a number of important facts, among others the following: A more sound policy on the issuance of employment permits was long overdue for Dutch Sint Maarten, as the vast and insufficiently controlled influx of new residents to the island in the long run has had a distinct, be it not necessarily positive influence on our socio-economic system and all its sub-systems: the demand for social services such as financial and medical aid is more than Government can responsibly afford, the schools are bursting at their seams, the environment is under extreme stress, the housing and sewage situation have been stretched to their limits, the criminal justice system can barely keep up. But most importantly, the securing of employment for those persons of Dutch nationality whether born here or naturalized as well as those local persons who have permanent residence rights, is not being attained despite the existence of the Federal ordinance and the soon to be extinct old policy on the issuance of employment permits.
The bare, yet not substantiated claim that the new policy is flawed, is to be perceived as one being against the imposed changes without taking the full picture into account. In setting this new policy it is obvious that Government has taken not just the particular interest of one particular group into account, but the combined interests of all groups who make up this community and have an interest in what’s going on on the labor market. In shaping the new policy, Government went to lengths to get the input of all sectors involved. This was done in particular by involving the so called Tripartite Comité right from the beginning, as far back as two years ago; the Tripartite Comité is presided over by the Head of the Labor Office and is further made up of representatives of employers (SHTA, Chamber of Commerce) and representatives of employees (Labor Unions). Government wishes to state, for the record, that the Tripartite Comité returned a list of recommendations in January of this year, which list was further supplemented in March of this year. Most importantly, the list of recommendations begins with a general acknowledgement of the need to have all locals gainfully employed and trained hereto where necessary and possible, while also acknowledging the need for foreign labor where applicable. Government wishes to point out that over 80% of all the recommendations of the Tripartite Comité were ultimately adopted by Government and were included in the new policy, therefore reflecting a substantial degree of consensus. Prior to the promulgation of the new policy on November 12th 2008, the Executive Council informed the Tripartite Comité of the aforementioned processing of their recommendations, by way of a formal letter to which was attached a detailed report showing exactly which of the many recommendations was adopted, or not, and why. Statements to the effect that the private sector was not consulted do not correspond, therefore, to aforementioned, documented reality.
Also, the general criticisms of the new policy were mostly lacking in an equally emphatic highlighting of those parts of the policy that are clearly in the direct and immediate interest of employers. For example: The fact that this new policy aims for the highest degree of transparency, which is expressed by the fact that the policy is available online as well as at the Labor Office each time a vacancy is posted or an actual request is filed; the fact that this policy carries an elaborate elucidation that leaves no room for speculation as to Government’s motives; the fact that under the new policy it is largely possible for employers to legalize workers in their employ who have been on the island and working for an extensive period of time without having the necessary work and residence permit; and finally, the fact that with the mandate of the decision making to the Head of the Labor Office respectively the Appeals Committee, employers can now look forward to a much more speedy expedition of matters, which is what they have been clamoring for for the longest of time. Therefore to simply dismiss or ignore aforementioned undisputed positive elements gives an unfair expression with regard to the policy as a whole.
To be fair also, one must acknowledge that by implementing this new policy, the Government of Sint Maarten is not doing anything exceptional or going overboard to any degree. One look around us will show that Sint Maarten is finally catching up with the rest of the Caribbean region, and the rest of the world for that matter, by putting the interests of its own local labor force and its own social fabric first. The statement that the new policy is flawed because Sint Maarten’s economy is, supposedly, based on a laissez-faire policy and that this should forever remain this way, is totally off the mark. Probably the best lesson in the failure of laissez-faire politics was just recently had in the past few months, where the meltdown of the U.S. economy and its worldwide repercussions has been proven to be a direct result of a lack of regulation. The statement that an acculturation exam for foreign persons wishing to work and reside in Sint Maarten is such a bad or laughable thing also goes against the understanding of Government’s responsibility to prevent a further social and cultural meltdown, usually resulting in more crime, which is what not only the general population but also the big business interests on this island are continuously complaining about. The statement that it’s an overkill that employers are now held responsible not only for the housing of the foreign employees they bring in but also for the acceptable living standard of said housing, fully goes against the generally accepted concept of good corporate citizenship that businesses are expected to adhere to in these modern times, the world over.
Government is therefore calling upon one and all with an interest in this issue to actually read the revised Decree on the employment on foreign labor, in its totality, including the elaborate elucidation, which is available on line already (www.stmaarteneconomy.com or www.governorsxm.com) and will soon be available via an extensive booklet to be published by Government. In closing, Government wishes to emphasize that this policy was fully reviewed by the Governor General of the Netherlands Antilles who, by letter of October 23rd 2008, gave his full endorsement to this new policy.
In the coming days Government will be publishing on the above websites the following documents: the list of recommendations received from the Tripartite Comité in January 2008; the letter from the Governor General dated October 23rd, 2008, in which the Governor General endorses the new policy; the letter from the Executive Council to the Tripartite Comité dated November 4th 2008, whereby full explanation is given as to which recommendations were or weren’t adopted, and why.