WITU Statutes

Rembrandt Plein #31
Madame Estate
P.O. Box 1101
Philipsburg, St. Maarten
Netherlands Antilles Telephone/Fax: 542-2694
Statutes of the Association of

The name of the teachers’ union is THE WINDWARD ISLAND TEACHERS’ UNION, hereinafter to be referred to as: WITU.


1. The seat of the WITU is located on St. Marten.
2. The fiscal year of the association coincides with the calendar year.
3. The WITU is established for an indefinite period of time starting June 22, 1973.


The WITU performs its duties based on the Declaration of Human Rights as described in the Manual of the United Nations.


The WITU strives to achieve a form of education, which is in accordance with its basic goals by.
a. Taking care of education in general in the Windward Islands.
b. Caring for the planned goals and material interest of its members or the relations they left behind.
c. Promoting social and cultural uplifting of the communities of the Windward Islands.


The WITU tries to achieve its goals by:
a. Organizing conferences, seminars and excursions.
b. Promoting studies related to education and child care.
c. Forming and supporting a committee on Laws and Rights in the educational field which will inform members of their rights in the educational field.
d. Forming and supporting associations, which look after the interest of the members of the WITU, the education and the workers in education.
e. Publishing of a newsletter and or any other literature.
f. Promoting proper training of teachers in all fields related to education.
g. All other means., which would promote the achievement of its goals.


Anyone who subscribes to the Objectives and the Purpose of the WITU may become member of the Foundation and further those who are in the following circumstances:
a. Those who are in possession of a legal authorization to teach.
b. Those who must be in possession of an authorization to teach, unless exempted from this by Law.
c. Those who fulfill a function in education and which function makes it possible, according to the judgement of the Board, to be a member of the Foundation.


Members are divided into:
1. Ordinary members: these are members who are not part of the Board.
a. In order to become a member of the WITU, one must first register with the Board, who will then decide whether or not to admit the person.
b. The possibility of appeal, when the request for normal membership is rejected, is regulated in the By Laws of the Foundation.
2. Extraordinary members are all other members.
a. Those persons who, on the grounds of their function, promote the purpose of the Foundation, may be accepted as extraordinary members.
b. The Board of the Foundation then decides, on the grounds of what is stipulated in the aforementioned section of this article, whether or not to accept a person as an extraordinary member.


1. Membership ends:
a. By termination by the member.
b. By expulsion.
c. By passing away of the member.
2. Termination of the membership has to be done in writing to the Secretary of the Foundation.
3. A member can terminate his/her membership at any given time, but remains however, obligated to pay dues until the end of the quarter of the term, in which he/she terminates membership. In the case of expulsion or passing away the obligation of paying dues ends on the last day of the quarter prior to the period of expulsion or passing away.
4. Expulsion of a member can take place:
a. Because of debt of membership dues based on conditions stipulated in the By Laws and according to the rules stipulated therein.
b. Because of actions of a member, that are in conflict with the regulation oil these statutes, of the By Laws and also with the decision of the General Membership Meeting.
c. Because of other actions or negligence, whereby the interest of the WITU has been damaged or can be damaged.
5. Expulsion of members is executed by the Board or by the General Meeting of Members.
6. Appeals against expulsion must be directed to a committee appointed by the WITU, as stipulated in the By Laws, within two months after notification.
Members who have lodged an appeal against an expulsion maintain their full membership rights until a final decision has been reached. The committee sets rules for dealing with such appeals as mentioned in this article.
7. The By-laws regulate:
a. The conditions for expulsions by the board and/or Meeting of Members.
b. How notice of the expulsion is to be given to the members.
c. How appeals must be lodged as mentioned in section 6 of this article.


1. Candidates for membership may be admitted to the WITU under the conditions stipulated in the By Laws.
2. The Board approves the applications for membership.
3. Candidates can become full members as soon as they fulfill the conditions as per article 6, if they so wish.
4. Except for voting rights, candidate members and members have
voting the same rights.


1. The WITU is managed by a Board which is responsible to the General Meeting; members as regulated in the By Laws.
2. The Board consists of at least 9 members: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer and three commissioners of which at least one is stationed in Saba and in St. Eustatius.
3. The daily operations are executed by the President, Vice President, Secretary and Treasurer.
4. The president is; elected in writing at the general meeting of members.


1. The Board is elected for a period of 2 years, while persons replacing board members because of death, expulsion or resignation, do so for the remaining period that the person they are replacing still had left as a Board member.
2. Board members may be re-elected.
3. Additional Board members must resign at the same time as the Board.
4. After the two-year period, the Board announces at least one month prior to board elections, which members are up for re-election, which will be resigning and which positions will be open.


The By Laws contain stipulations regulating the candidacy for board membership, and conditions pertaining to age, duration of membership and knowledge of the local infrastructure.
1. The task of the Board is further described in the By Laws.
2. The board decides which task is for which individual member, if such is not regulated in the By Laws or in these statutes.


The WITU will be represented legally and otherwise by the President, Vice President, Secretary and Treasurer.


These are:
1. Board meetings to be held:
a. At least once a month.
b. When the President deems it necessary.
c. If the President receives a request for such by at least 3 members of the board, in which case the President must call a meeting within one, week after receipt of the request.
2. General meeting of members: Ordinary meetings are to be held when the board deems it necessary.
Extraordinary meetings are held when a written request is submitted by at least 10 members and the reasons for such a request is included. The board must then convene a meeting within 3 weeks after receipt of the request.
3. Authorized meetings may to be held in case the board fails to call a
meeting as requested under section b, paragraph 2 of this article. After 3
weeks, the members requesting the meeting may call said meeting with
10 days notice. In that meeting valid decisions may be taken.
General annual meetings of the WITU are held in January.
a. The Board then presents its annual report.
b. The board presents its financial records.
c. Presentation of the budget for the current year.
d. Verification of the financial reports by a financial or verification committee.
e. New board members are elected or old ones replaced as per article 11.
The verification or financial committee is elected in accordance with the stipulations of the By Laws. The Committee approves the use of the funds of the current or previous year. Board members may not be part of the aforementioned committee.


1. Only ordinary members have voting rights.
2. Valid decisions are taken only if the meeting is attended by at least 1/3
of the members; unless otherwise stipulated in these statutes or in the
general meeting of members as per article 15, section 2, point a. and b.,
article 15, section 3 and 4.
2b. Members living in Saba or St. Eustatius may give power of attorney to board members of their island to have them represented.
3. If 1/3 of the members are not present, then a second meeting will be
convoked within one month. In said meeting valid decisions will be taken regardless of the number of members present.
4. Resolutions are decided upon by simple majority, unless otherwise stipulated in these statutes.
5. Votes concerning persons will be submitted in writing. Persons chosen by simple majority are considered elected. If there is no candidate with a simple majority In the first round of voting, then a second round of voting will take place and a third, if necessary. If there is no one with a simple majority ‘in the third round of voting, then the person who acquired the most votes is considered elected. If there is still no majority vote in the third round of votes then fate will decide who is elected.
6. Voting on subjects is done verbally, unless otherwise stipulated in these statutes.


The Board may acquire or appoint consultants or form an advisory committee.


The WITU may acquire its funds from: – Contributions by members
– All other legally obtained revenues.


The By Laws regulate the details of these statutes.
The By Laws are established or changed by the general meeting of members and they may not be in conflict with these statutes or with the Law in general.


1. Change of statutes or dissolving of the WITU can only happen in a special called general membership meeting, in which at least 2/3 of the normal members have to be present and the majority of 3/4 of the total of the valid cast votes at that meeting.
2. If in such a meeting the required amount of members are not in attendance, then within a month after the first meeting a second meeting must be: in which valid decisions with regards to the relevant matter will be taken, despite the amount of members present at the meeting.
3. Changes will not go in to function before they are approved by the general membership meeting in the manner as meant in sub 1 and 2 of this article and before the necessary approval by the federal ordinance is requested.
4. In the case of dissolving of the WITU the meeting, in which this decision was taken, would also determine the liquidity, taking into consideration the stipulations in article 1680 of the Civil Code of the Netherlands Antilles.


In all cases, where neither these statutes, nor the By Laws don’t stipulate, the board or the general membership meeting will decide.
Approved by federal ordinance dated June 25th, 1974, No. 2 Willemstad, July 1st, 1974
Philipsburg, 1974
Head of the Central Bureau of Juridical and General Affairs.
w.g. G. R. HERMANS