Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

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

The Committee notes the Government’s report. It also notes the conclusions and recommendations of the Committee on Freedom of Association in Cases Nos. 1628, 1805 and 1961 (see the 305th, 308th and 320th Reports, November 1996, November 1997 and March 2000, respectively).

The Committee recalls that its previous comments referred to: (1) the need to remove from the Labour Code of 1985 the reference to "Confederation of Workers" (sections 15 and 16); and (2) the need to amend Legislative Decree No. 67 of 1983 (section 61), which confers on the above Confederation of Workers the monopoly of representing the country’s workers on government bodies.

With regard to the need to delete the reference in the Labour Code to the Confederation of Workers, the Committee notes the Government’s indications that this is one of the aspects that is being examined in the framework of the revision of the Labour Code, for which working groups have been established with the participation of representatives of organizations, enterprises and trade unions and the Confederation of Workers of Cuba, which are currently preparing a first draft. In this regard, the Committee regrets that the revision of the Labour Code, which has been announced for several years, has not yet borne fruit. The Committee emphasizes that, in accordance with Articles 2, 5 and 6 of the Convention, which establish the right of workers and their organizations to establish organizations of their own choosing, it should be possible to establish federations and confederations and to establish several trade union confederations. In these conditions, the Committee hopes that the necessary amendments will be made to the Labour Code in the near future and requests the Government to provide information in its next report on any measure taken in this respect.

With regard to the need to amend Legislative Decree No. 67 of 1983 (section 61), which confers upon the Confederation of workers of Cuba the monopoly of representing the country’s workers on government bodies, the Committee recalls that, by virtue of Article 3 of the Convention, workers’ organizations shall have the right to organize their activities and formulate their programmes freely. The most representative organizations, whether or not they are trade union confederations, should therefore be in a position to represent their members on government bodies in defence of their occupational interests. The Committee urges the Government to take measures to amend the Legislative Decree in question and to provide information in its next report on any developments in this respect.

Finally, the Committee notes that: (1) in Case No. 1628, the Committee on Freedom of Association deplored the fact that the Union of Cuban Workers (USTC) had not been legally recognized by the authorities and insisted that this organization be registered and allowed to function fully without discrimination; (2) in Case No. 1805, the Committee on Freedom of Association requested the Government to guarantee the freedom of the Confederation of Democratic Workers of Cuba (CTDC) to operate and to ensure that the authorities refrained from any interference aimed at restricting the exercise by that organization of the fundamental rights recognized in Convention No. 87; and (3) in Case No. 1961, the Committee on Freedom of Association noted that the Single Council of Cuban Workers (CUTC), defined as an independent trade union organization, was established more than four-and-a-half years ago, but the Government still refuses to recognize it, and the Committee on Freedom of Association requested the Government to ensure that the law, effectively applied, allows recognition of organizations of workers such as the CUTC. In this respect, the Committee endorses the recommendations made by the Committee on Freedom of Association in the above cases.

[The Government is asked to report in detail in 2001.]