Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

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

The Committee notes the Government's report and 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 Communist Party of Cuba in the election of trade union leaders.

With reference to the matters that have been raised, the Committee takes due note of the Government's comments, and in particular its interest in the daily recognition of the autonomy and independence of trade union organizations in their everyday activities, as demonstrated by the amendments made in 1992 to the Constitution (article 7) and the number of laws that have been adopted or amended at the initiative of the workers and their trade unions as a result of independent discussions in their congresses.

The Government adds that there is no provision in the current legislation that specifies the content of trade union rules and by-laws, or the manner in which leaders shall be elected, since these matters are the exclusive responsibility of their own trade union organizations, as set out in section 15 of the Labour Code. The by-laws, rules and resolutions that they adopt, as well as their content, and the structure, principles and relations of trade unions, are discussed and adopted with absolute independence by the congresses of the respective trade union organizations.

The Committee also duly notes that, according to the Government's statement, the Labour Code will have to be submitted to a process of revision and updating in order to adapt it to the new socio-economic conditions. The revision of the labour legislation is one of a series of transformations affecting the country, which include its opening up to foreign investment, despite the obstacles to which this gives rise and their consequences on the system of labour relations. The matters raised by the Committee of Experts will be analysed during this process in consultation with the workers.

Taking into account the context of the single-party system and the single central trade union organization, the Committee emphasizes that the Government should guarantee in law and in practice the right of all workers to establish independent occupational organizations in full freedom, at both the first and central levels, including organizations that are outside any existing trade union structure, if they so wish.

So that the above can be reflected with full clarity in practice, the Committee requests the Government, on the occasion of the envisaged revision of the labour legislation, to remove from the Labour Code and other legal texts, the explicit reference to the "Central Organization of Workers". The Committee has already suggested that this term could be placed in the plural without initial capital letters.

The Committee once again requests the Government to keep it informed of any progress achieved in this respect.