~ Says there is no victim or perpetrator but instead a complainer and complainant. ~
~ Official Complaint filed against P & O.~
PHILIPSBURG: --- Prime Minister Dr. Luc Mercelina has expressed his discontentment with the fact that members of the media are discussing the cases of sexual harassment that have been taking place within the civil service.
SMN News asked Prime Minister Dr. Luc Mercelina on Wednesday at the Council of Ministers press briefing if he or anyone else met with the victim, who filed at least two complaints against the senior Civil Servant that have been sexually harassing her since 2023. The Prime Minister was also asked what the government’s policy is when dealing with such cases and if they are across the board since another civil servant has been suspended over a year now on allegations of wrongdoing. SMN News also asked the Prime Minister what the International Labor Organization says about Sexual Harassment in the workplace.
Instead of answering the questions posed to him about the case involving two civil servants, the Prime Minister showed his frustration because these cases had been brought forward on social media. Mercelina said it is St. Maarten’s culture that sensitive matters have to be legitimized when discussed on social media, especially when caught up in a sensational dimension.
As a community leader, the Prime Minister said it is time for him to show that people should deal differently with sensitive topics. He said that topics such as these should not be used for social media and social media sensationalism. “I, as Prime Minister, have a task to secure the trust and safety of his people, especially the civil servants who fall under him as Minister of General Affairs. I have to guard the confidentiality of people who work in my organization, and I have to handle these cases with integrity. Everything that has to happen must be done in the context of professionalism. All cases have to be taken care of expeditiously and with objectivity. While necessary, due diligence must take place, especially considering the sensitivity of the matter and the vulnerability of the ones involved in the cases. As the Prime Minister leading this country, I do not feel I have any urge to entertain social media with direct questions about when, why, and how long the encounter took place. This is my organization, and I am thinking about the organization's safety, protection, trust, and integrity.”
The Prime Minister then went on to say he does not have a problem explaining how these cases are dealt with generally; he said that it starts with an incident with allegations, which could be verbal aggression, physical violence, bullying, intimidation, theft, fraud, harassment in whatever form, these are not desired behavior that can present itself not only in government but all working spaces.
Mercelina further said it is essential for him to guard a work establishment and atmosphere where people can feel safe and, if something happens, have the trust and confidence that it will be taken care of, and that is what he intends to do.
Regarding the government’s policy, the Prime Minister said that there is a norm in the work organization in all types of incidents he mentioned. He further explained that the government has to verify exactly what happened in the case of the allegation that presented itself. While they were busy with the investigation, he felt that people were being labeled as victims and perpetrators, which he believed was wrong. “It is already wrong that this happened, and there may be a victim and perpetrator, but I think it is extremely wrong that the investigation is ongoing, and already we are talking about victim and perpetrator. We have to respect these people, too. They have feelings, integrity, and pride, and I don’t want to deal with this in the media for my organization. Mercelina said an incident occurred,d and that person has the right to share it with whomever they want, which is their basic right."
Mercelina said when such incidents take place, the civil servants have to discuss the matter with their manager, who would then guide them to Personnel and Organizations (P & O), who would then listen to the civil servant and, after that hearing,g then P & O would have to document the incident by means of a Process Verbal for the case or investigation to move forward. This, he said, is described in the LMA. After the process verbal, the complainant must be heard before making a report. Mercelina said that sometimes, a third person is heard to verify the allegations are correct. In referring to the victims, he said there are times when these people are very touched, and they may need professional help that a house doctor, psychologist, or counselor can provide.
Mercelina said after all investigative procedures are concluded then, a report is written up and sent from P & O to the Secretary-General and other parties, including the Minister, after which the accused person can either receive an informal verbal or formal warning or disciplinary measures can be taken which could be a suspension or dismissal.
Mercelina said that he regrets such things happening on the work floor. Still, he said people have to realize that the moment there is more than one person on any work floor, there is a potential that something undesirable can happen between two people.
In the meantime, the victim in this case has since filed an official complaint against P & O, which they believe has failed to deal with the case in a professional manner. The victim also filed a complaint against the alleged perpetrator with KPSM.