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

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

1. ICFTU comments. The Committee notes the Government’s reply to the comments of the International Confederation of Free Trade Unions (ICFTU), dated 31 August 2005, on the application of the Convention.

The Committee also notes the communication dated 10 August 2006 from the ICFTU relating to issues already raised and reporting certain recent violations of the Convention.

The Committee recalls that, in its comments in 2005, the ICFTU referred to the conflict between the trade union organization Batay Ouvrye, Sokowa, trade union of the workers of the CODEVI Ouanaminthe, affiliated to the Bataye Ouvrye, and the enterprise Grupo M, which resulted in the massive dismissal of trade unionists and interventions by the Dominican military to guarantee the security of the enterprise located in the export processing zone on the Haitian-Dominican border. In this respect, the Government indicates that it has taken measures to provide the necessary support in the context of the management of relations between these social partners. Several working meetings have been held, an employment office has been established in Ouanaminthe with conciliation inspectors with the function of providing support and ensuring control of employment relations in the export processing zone. Relations have since stabilized and a collective agreement was concluded by the employer and the trade union in December 2005. The Government emphasizes that violations of trade union rights were committed by the political police of the former regime and that trade union organizations now maintain regular and normal relations with the Labour Directorate. The Committee notes this information.

2. Articles 1, 2 and 4 of the Convention. The Committee refers to its previous comments, in which it 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 Unit of the Department of Labour and Social Welfare to intervene in the drafting of collective agreements.

While noting that any reform of the labour legislation may have been delayed by the difficulties facing the country, the Committee notes that, in its report in 2005, the Government expressed its commitment to adopt all necessary measures to protect workers against any anti-union discrimination, ensure adequate protection for employers’ and workers’ organizations against any acts of interference by each other and establish the conditions to encourage and promote the development of voluntary bargaining procedures and their widest possible use.

The Committee reminds the Government that ILO technical assistance is at its disposal and requests the Government to provide detailed information in its next report on any progress achieved in this respect and, in the meantime, to keep it informed of any developments in the situation. The Committee hopes to be able to note concrete progress in the near future.