Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

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

The Committee notes the information provided by the Government in its report and the conclusions and recommendations of the Committee on Freedom of Association of the Governing Body in Case No. 1805 (see the 308th Report, November 1997, paragraphs 225 to 240). The Committee recalls its previous comments which referred to the need to remove the reference to the "Central Organization of Workers" from the Labour Code of 1985 (sections 15 and 16) and Legislative Decree No. 67 of 1983 (section 61), which confer on the above Central Organization of Workers the monopoly of representing the country's workers on government bodies.

The Committee notes the Government's comments and, in particular, its policy of recognizing the autonomy of trade union organizations, which has meant that they have been able to submit draft texts to Parliament and which have been subsequently approved. The Government also states that the groups established for the thematic revision of the Labour Code are continuing their work of consulting the various economic sectors, employers' organizations and trade unions.

The Committee is bound to note that the Committee on Freedom of Association has examined the complaints with regard to the refusal to recognize other trade union organizations and the temporary detention of their leaders (Case No. 1628 of November 1992 and Case No. 1805 of November 1997, respectively). The Committee emphasizes that the explicit reference to the "Central Organization of Workers" in the labour legislation should be removed to enable all workers in law and in practice to establish and join organizations of their own choosing outside the established trade union structure, in accordance with Article 2 of the Convention.

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