Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes the comments of the International Trade Union Confederation (ITUC), dated 4 August 2011, which refer to matters that have already been raised, as well as to acts of violence by the forces of order against demonstrators and the murder of two trade unionists in the transport sector. In general terms, the Committee recalls that the guarantees set out in international labour Conventions, in particular those relating to freedom of association, can only be effective if the civil and political rights enshrined in the Universal Declaration of Human Rights and other international instruments, notably the International Covenant on Civil and Political Rights, are genuinely recognized and protected (see the 1994 General Survey on freedom of association and collective bargaining, paragraph 43). The Committee requests the Government to provide its observations on the matters raised by the ITUC in 2010 and 2011.

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to reiterate its previous observation, which read as follows:

Amendment of the legislation. The Committee recalls that it has been asking the Government for many years to amend the national legislation to bring it into conformity with the requirements of the Convention through:

• – the amendment of section 34 of the Decree of 4 November 1983 which gives the Government broad powers of supervision over trade unions;
• – the amendment of 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;
• – the amendment of sections 233 and 239 of the Labour Code so as to remove the impediments to the right of association of minors and to allow foreign workers to have access to trade union office, at least after a reasonable period of residence in the country; and
• – the repeal or amendment of section 236 of the Penal Code, under which government consent is required for the establishment of an association of over 20 members. In this regard, the Committee previously recalled that, under Article 2 of the Convention, workers and employers, without distinction whatsoever, shall have the right to establish organizations of their own choosing without previous authorization. Consequently, any legislation which requires prior approval at the discretion of the authorities of the statutes and by-laws of representative organizations of workers or employers is incompatible with the provisions of the Convention.

The Committee noted previously that the Government had reported the establishment of a committee to consider the reform of the Labour Code with a view to amending the legal framework. The Government also indicated that the revision of the Labour Code would take into account the Committee’s comments on the various matters raised and that, to that end, it was already benefiting from technical assistance from the Office. While aware of the difficulties currently facing the country, the Committee trusts that the Government’s next report will indicate real progress in the revision of the national legislation to bring it into full conformity with the Convention on all the points raised. The Committee hopes that the Government will continue to benefit from the technical assistance of the Office in this regard and requests it to send a copy of any new text adopted.

The Committee previously requested the Government to take all the necessary measures to ensure that domestic workers and rural workers explicitly benefit from the right to organize. The Government indicated that workers in the agricultural sector benefit from the same trade union rights as those in the commercial sector and in industry under section 383 of the Labour Code. With regard to domestic workers, a law on the improvement of the living conditions of this category of workers has already been approved by Parliament and would be promulgated soon. The Committee notes this information and requests the Government to send a copy of the new Act respecting domestic workers, once promulgated, and to indicate the provisions which recognize the trade union rights that these workers exercise in accordance with the Convention.

Finally, the Committee repeats its request to the Government to provide a copy of the Decree of 17 July 2005 amending the 1982 Act issuing the conditions of service in the public service.