Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Forced Labour Convention, 1930 (No. 29) - Cuba (Ratification: 1953)

The Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU) and the World Confederation of Labour (WCL) in a communication dated 10 July 2006, as well as the message of the Cuban Workers’ Central of 11 September 2006, transmitted by the World Federation of Trade Unions in a communication dated 14 November 2006. The Committee also notes the Government’s reply, dated 26 October 2006.

In their comments, the ICFTU and the WCL allege that, according to information received from the Unitary Council of Cuban Workers, a workers’ organization affiliated to the WCL, Cuban workers are legally obliged to participate in workdays outside their occupation as section 16(c) and (e) of the Labour Code empowers the Cuban Workers’ Central to organize voluntary work that is necessary to improve economic efficiency in general and to increase production and productivity.

The Committee notes that in its communication the Cuban Workers’ Central indicates that the Unitary Council of Cuban Workers is not a trade union and that no worker has her or his rights withdrawn for not participating in voluntary workdays. The Committee also notes the information provided by the Government in its reply to the comments of the ICFTU–WCL. According to the Government, socially useful work is strictly voluntary in nature and no worker is penalized for not participating in any voluntary work organized in the country.

The Committee observes that section 16(e) of the Labour Code refers to the organization of voluntary work. In these circumstances, allegations of forced labour practices in disregard of the legally established criteria of the voluntary nature of work would have to be supported by facts allowing the Committee to assess the application of the above provision in practice. The Committee requests the Government to provide practical information on the organization of the voluntary work envisaged in the Labour Code, with an indication of its volume, including the number of workers, the hours of worked and frequency of the work; arrangements, including the manner of request and rights of refusal; and any other information enabling it to ascertain the voluntary nature of this practice.