Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Haiti (Ratification: 1957)

Articles 1, 2 and 4 of the Convention. In its previous comments, the Committee asked the Government to indicate any developments concerning: (i) the adoption of a specific provision establishing protection against anti-union discrimination in hiring practices; (ii) the adoption of provisions generally affording adequate protection for workers against acts of anti-union discrimination (on the basis of union membership or activity), accompanied by effective and expeditious procedures and sufficiently dissuasive penalties; (iii) the revision of section 34 of the Decree of 4 November 1983 empowering the Social Organizations Branch of the Department of Labour and Social Welfare to intervene in the drafting of collective agreements, without specifying the nature of such intervention or the cases concerned. The Committee trusts that these issues will be taken into account in the context of the work of the “think-tank” for the reform of the Labour Code relating to a new legal framework and the judicial reform mentioned by the Government, and trusts that the Government will refer in its next report to real progress made in the adoption of national legislation which is in full conformity with the Convention.

Application of the Convention in practice. The Committee notes the observations from the International Trade Union Confederation (ITUC) dated 29 August 2008 and 26 August 2009, which refer to matters already raised by the Committee in its previous observation, particularly acts of discrimination against trade unionists and interference by certain enterprises in trade union activities – acts which have not been penalized – and reiterate the necessity of carrying out legislative reforms. The Committee also notes the observations from the ITUC concerning the weakness of the labour inspectorate and judicial system with regard to violations of trade union rights. The Committee notes that the Government confirms this weakness in stating that the administrative examination of cases may take several weeks owing to the large number of cases and the lack of resources within the administration. However, the Government declares that no formal complaints have been lodged with the labour inspectorate with regard to any violation of union rights. The Committee requests the Government to supply information on the violations of trade union rights referred to by the ITUC in its communication of 2008 and to examine with the social partners the measures to be taken with a view to the adoption of rapid and effective mechanisms for the protection of trade union rights.

The Committee previously asked the Government to supply information on the number of collective agreements in force for rural workers, workers in the informal economy, self-employed workers and domestic workers, and also the coverage provided by these agreements. The Committee notes the Government’s reply that no collective agreements exist in the abovementioned sectors. The Committee requests the Government to examine, in conjunction with the social partners concerned, ways of promoting collective bargaining for rural workers, self-employed workers, domestic workers and workers in the informal economy. The Committee requests the Government to supply information in this respect.

The Committee is aware of the difficulties faced by the country and trusts that the Government will continue to avail itself of technical assistance from the Office with regard to all the matters raised.