Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the Government’s reply to the comments sent by the International Confederation of Free Trade Unions (ICFTU) on 31 August 2005. The Committee recalls that these comments mainly concerned legislative issues that had already been examined in connection with dispute settlement mechanisms and the exercising of the right to strike, although the following issues were also referred to:

–      The exclusion of certain categories of workers from the scope of the Labour Code, such as public service employees, farmers, independent workers and domestic workers. In this respect, the Committee notes the Government’s indications that public service employees are covered by specific legislation, namely the Act of 1982 regulating the public service, which was recently revised by a decree dated 17 July 2005. The Committee asks the Government to provide a copy of this text with its next report and to specify the texts governing the trade union rights of farmers, independent workers and domestic workers, in so far as these categories, like public service employees, are not covered by the Labour Code.

–      The allegations of murder, arrests, persecution and physical aggression involving trade union leaders, and acts of violence committed in the Ouanaminthe free zone. The Committee notes that, according to the Government, the trade union rights violations were committed at the level of the political police of the former regime, that the labour administration practiced at present in Haiti is independent of political issues, and that the organizations have regular and normal relations with the Labour Directorate. The Committee recalls that freedom of association can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of trade unions, and that it is the Government’s responsibility to ensure compliance with this principle. The Committee asks the Government to keep it informed of the outcome of any inquiry into all the alleged incidents, in particular the murder of the trade union delegate Guillaume Lafontant.

The Committee also recalls that for many years now its comments have referred to the need to:

–      take steps to amend section 34 of the Decree of 4 November 1983, which gives the Government broad powers of supervision over trade unions, and sections 185, 190, 199, 200 and 206 of the Labour Code, which allow for compulsory arbitration at the request of only one party to a labour dispute;

–      bring national legislation into line with the provisions of article 35 of the Constitution of 1987, which guarantees freedom of association and protection of workers’ rights in both the public and the private sectors;

–      amend sections 233, 239 and 257 of the Labour Code, so as to remove all impediments to the right of association of minors and domestic workers and give foreign workers access to trade union office, at least after a reasonable period of residence in the host country; and

–      repeal or amend section 236 of the Penal Code, under which Government consent is required for the establishment of an association of more than 20 members.

The Committee also notes the Government’s information indicating that the Labour Directorate, through the Conciliation Service, intervenes in labour disputes and sets out to resolve them by practising “amiable composition”, and that, in the event of the failure of conciliation, disputes are referred to the court of law and notably to the labour tribunal for a final decision. The Committee also notes that, according to the Government, the Labour Code has been under revision since April 2000, but that, due to political troubles and the absence of parliament, it has not been possible to complete the new draft. While recalling that, in its 2005 report, the Government had undertaken to facilitate the alignment of Haiti’s legislation with the provisions of the Convention and that the Government may request the technical assistance of the Office for this purpose, the Committee hopes that it will be possible to observe some progress in this regard when it examines all these issues within the context of the regular report examination cycle in 2007.

Finally, the Committee notes the communication from the ICFTU dated 10 August 2006, which refers to issues already examined by the Committee in its previous comments, and the raid carried out by armed policemen at the premises of a higher level trade union organization. The Committee requests the Government to include its comments on these matters in its next report.