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

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

The Committee notes the Government's report and recalls that in its previous observations it had asked the Government to indicate progress made in: (i) the revision of section 34 of the Decree of 4 November 1983, which confers on the Service of Social Organizations the power to intervene in the preparation of collective agreements; and (ii) the adoption of a specific provision providing for protection against anti-union discrimination at the time of recruitment as well as for the reinstatement of workers dismissed on grounds of legitimate trade union activities.

The Committee notes that the Government indicates in its report that section 34 of the Decree of 4 November 1983 is being amended and that the adoption of specific provisions providing for protection against anti-union discrimination is being reviewed. The Committee requests the Government to take the necessary steps to bring its legislation into conformity with the Convention, particularly by repealing section 34 of the Decree of 4 November 1983 and by adopting provisions guaranteeing workers adequate protection against acts of anti-union discrimination, coupled with effective and expeditious procedures and with sufficiently dissuasive sanctions to ensure their application. The Committee requests the Government to keep it informed of any developments in this regard.