Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 2 and 3 of the Convention. The Committee pointed out the need to amend section 34 of the Decree of 4 November 1983 entrusting the Social Organizations Service of the Labour Directorate of the Ministry of Social Affairs and Labour with duties that could lead to interference in the setting up and running of trade unions. The Committee hopes that in the context of the current review of the Labour Code the Government will make use of the assistance provided by the Office in order to harmonize the provisions of the legislation that address the role of the Social Organizations Service, by amending section 34 of the Decree of 4 November 1983 in order to ensure that the role attributed to the Service will not exceed that attributed by the Labour Code as amended. The Committee requests the Government to send a copy of any such amendments.

Furthermore, the Committee notes that a number of laws and regulations contain provisions on the bodies responsible for conciliation and arbitration (Decree of 15 June 1990, amending the Decree of 16 January 1989, setting up a tripartite committee on conciliation and arbitration; the Order of 4 January 1995 setting up a consultation and arbitration committee; Chapter V of the Labour Code providing for a higher arbitration council). The Committee requests the Government to indicate the manner in which these texts interlink and to provide information on the operation and activities of these bodies.

More generally, the Committee draws the Government’s attention to the need to harmonize its legislation, making use of the Office’s technical assistance in the context of the reform of the Labour Code, ensuring in particular that any laws and regulations that prove to be inconsistent with the provisions of the new Labour Code are repealed.

Lastly, the Committee notes section 151 of the Decree of 17 May 2005 amending the Act of 1982 issuing the public service regulations which provides that: “Freedom of association and the right to organize are guaranteed for public servants for the defence of their rights and in the conditions set by law.” The Committee requests the Government to specify the conditions referred to in section 151.