Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

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

The Committee takes note of the Government’s report.

In its previous comments, the Committee had requested the Government to keep it informed of any developments regarding: (i) the adoption of a specific provision to afford protection against anti-union discrimination at the time of recruitment; (ii) the adoption of provisions, coupled with effective and expeditious procedures and sufficiently dissuasive sanctions, guaranteeing workers general and adequate protection against acts of anti-union discrimination; and (iii) the amendment of section 34 of the Decree of 4 November 1983 which empowers the Social Organizations Service of the Department of Labour and Social Welfare to intervene in the framing of collective agreements.

The Committee takes note of the comments sent on 31 August 2005 by the International Confederation of Free Trade Unions (ICFTU) alleging the exclusion of certain categories of workers from the scope of the Labour Code (public servants, domestic workers, farmers, self-employed workers and workers in the informal economy), the dismissal or intimidation of persons attempting to organize workers into trade unions, shortcomings in the procedure for dispute settlement and the lack of adequate protection of workers’ organizations against acts of interference by employers’ organizations. The Committee notes the Government’s statement that, in the light of the ICFTU’s comments, it undertakes to do its utmost to give effect to the provisions of the Convention. The Committee requests the Government to keep it informed of the measures taken.

While noting that any reform of the labour legislation may have been delayed by the difficulties facing the country, the Committee notes the Government’s undertaking to adopt all necessary measures to protect workers against all anti-union discrimination, to ensure adequate protection for employers’ and workers’ organizations against acts of interference by each other and to establish conditions to encourage and promote the development of voluntary bargaining procedures and their use on as wide a scale as possible.

The Committee reminds the Government that technical assistance from the Office is at its disposal and requests the Government to send detailed information in its next report on all progress made in this respect and, meanwhile, to keep it informed of any developments.