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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Haiti (Ratification: 1979)

The Committee notes the Government's reports and recalls that, for many years, its comments have referred to the need:

- to repeal or amend section 236bis of the Penal Code, which requires that government approval be obtained to establish an association of more than 20 persons; section 34 of the Decree of 4 November 1983, which confers wide powers on the Government to supervise trade unions; and sections 185, 190, 199, 200 and 206 of the Labour Code, which impose restrictions on the right to strike;

- to give legal recognition to the right to organize of public servants, in order to bring its legislation into conformity with section 35(3) and (4) of the 1987 Constitution, which provides constitutional guarantees of the freedom of workers in the public and private sectors and recognizes their right to strike, and thus to bring it into conformity with the provisions of the Convention.

The Committee welcomes the Government's request for ILO technical assistance and its undertaking to amend the provisions of its legislation which are not in conformity with the Convention. The Committee hopes that the next report will show significant progress in bringing the whole of its legislation into conformity with the requirements of the Convention.