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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Cuba (Ratification: 1952)

The Committee notes the observations of the Independent Trade Union Coalition of Cuba (CSIC), which the Government does not consider to be a trade union, received on 1 September 2016, which refer to many cases of arrests and detentions of trade union members and officials in 2014 and 2015 (revealing their identities and the places of their arrests or detentions), and also notes the Government’s reply to these observations, describing them as biased and motivated by ill intent. The Committee recalls that the arrest and detention of trade union members and officials, even for a short period, for exercising legitimate trade union activities, constitutes a violation of the principles of trade union freedom enshrined in the Convention. The Committee, trusting that the Government will ensure observance of this principle, requests it to report on whether official complaints have been lodged relating to the acts referred to by the CSIC and, if so, whether administrative or judicial investigations and proceedings have been conducted.

The Committee also notes the observations of a general nature of the International Organisation of Employers (IOE) received on 1 September 2014 and 1 September 2016.

Trade union rights and civil liberties. The Committee recalls that in its previous comments it regretted that the Government had not provided copies of the court rulings related to the convictions of workers belonging to the Independent National Confederation of Workers of Cuba (CONIC), the persecution and threats of imprisonment against delegates of the Light Industry Workers’ Union (SITIL) and the confiscation of equipment and humanitarian aid sent from abroad to the Single Council of Cuban Workers (CUTC). The Committee recalls that these matters were examined by the Committee on Freedom of Association in Case No. 2258, in which it emphasized the persistent failure to send the rulings convicting trade unionists and to follow up on its recommendation to initiate a thorough investigation into the allegations relating to the CONIC. The Committee notes that, in its report, the Government reiterates that the trade unionists referred to were sentenced for committing offences duly specified in law, and it cannot be claimed, therefore, that the Convention has been violated. The Committee once again requests the Government to provide copies of the rulings in question.

Legislative matters. The Committee notes the adoption of Act No. 116 of 2013, issuing the new Labour Code as well as Decree No. 236, issuing the regulations of the Labour Code. The Committee notes that Chapter II of the Labour Code regulates trade unions and provides that workers have the right to organize voluntarily and to establish trade unions, in conformity with the unitary foundational principles, and their statutes and rules, which shall be considered and approved democratically, and shall be in accordance with the law.

Articles 2, 5 and 6. Trade union monopoly set out in law. With regard to the comments it has been making for many years on the need to remove the reference to the Confederation of Workers of Cuba (CTC) from sections 15 and 16 of the Labour Code, the Committee notes with satisfaction that the new Code contains no specific reference to any trade union.

Article 3. Right of organizations to organize their activities and formulate their programmes. The Committee recalls that it has been referring for years to the absence of explicit recognition of the right to strike in the legislation and the prohibition of its exercise in practice. The Committee notes that the new Labour Code again contains no provisions explicitly recognizing the right to strike. The Committee notes the Government’s reiteration that there is no provision in law which prohibits the right to strike, nor does criminal law establish any penalties for the exercise of such rights. The Committee recalls that the Convention does not require the adoption of legal provisions to regulate the right to strike provided that this right, which is an expression of trade unions’ rights to freely organize their activities for the legitimate defence of the interests of their members, may be exercised in practice without organizations and participants being at risk of the imposition of penalties. The Committee requests the Government to provide information on measures taken or envisaged to ensure that no one suffers discrimination or prejudice in their employment for having peacefully exercised the right to strike, and also requests it to provide information on the exercise of this right in practice, including the number and nature of strikes called since 1 January 2016 and any administrative or judicial investigations or procedures initiated or conducted in relation to the strikes.