Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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

The Committee notes the Government's report and its intention to bring its legislation into conformity with the Convention with ILO technical assistance.

The Committee 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 compulsory arbitration at the request of one party to end a strike thus imposing excessive 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, while no specific legislation has been adopted in this respect.

The Committee firmly hopes that the Government, understanding the need to amend these provisions, will take the necessary measures in the near future.