Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Cuba (Ratification: 1952)

The Committee notes the Government's report, the discussions in the Conference Committee in 1993 and the decision of the Committee on Freedom of Association in Case No. 1628 (292nd Report, paragraph 21 (March 1994)).

The Committee recalls that its previous comments referred to:

-- the need to remove the reference to the Central Organization of Workers from the Labour Code and other legal texts; and

-- interference by the Cuban Communist Party in the election of trade union leaders.

With regard to the need to remove the reference to the Central Organization of Workers from the Labour Code and other legal texts, the Committee notes the Government's statement in its report that in view of the amendments to the Constitution, and by virtue of Legislative Decree No. 147 of 1994, it will be necessary to revise and adapt the labour legislation to the new social and economic conditions.

The Committee emphasizes that the Constitutional amendments have significant consequences for the rest of the labour legislation and it therefore hopes that in the near future the Labour Code and other legal texts will be brought into conformity with the Constitutional amendments and that the reference to the Central Organization of Workers will be removed.

With regard to the relations between the Central Organization of Workers of Cuba (CTC) and the Communist Party, and the alleged interference by the Cuban Communist Party in the election of trade union leaders, the Committee takes due note of the comments made by a Worker member of Cuba to the Conference Committee to the effect that the relations between the CTC and the Cuban Communist Party did not compromise the continuity of the trade union movement, since the members of the CTC approved its statutes, rules and guidelines and elected its leaders in an open and democratic manner, and no candidates had been proposed by the Communist Party. The Worker member also indicated that the relationship between the CTC and the Communist Party was approved by the workers democratically and that they were the only ones who were competent to decide whether or not to change it.

Nevertheless, the Committee emphasizes that a system in which there is a single party and a single central trade union organization is likely to lead in practice to external interference prejudicial to trade union independence.

The Committee requests the Government to guarantee in law and in practice the right of all workers and employers, without distinction whatsoever, to establish independent organizations of their own choosing, outside any existing trade union structure if they so desire (Article 2 of the Convention), and the right to elect their representatives in full freedom (Article 3 of the Convention).

The Committee once again requests the Government to keep it informed of any progress in these matters.