Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2022, which contain allegations of police repression during peaceful demonstrations and strikes, as well as obstacles to the registration of trade unions. The Committee also notes the observations of the Confederation of Public and Private Sector Workers (CTSP) and the Confederation of Haitian Workers (CTH), received on 2 November 2022, which refer to the extremely serious and violent crisis in the country, with the repercussions this has on the exercise of trade union rights, which are already particularly compromised. The Committee takes note of the extent of the crisis affecting the country at all levels and hopes that the Government will be able to comment on the issues raised in the near future.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

The Committee notes with deep concern that the Government’s report, due since 2014, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of whatever information is at its disposal. While being aware of the difficulties affecting the country, the Committee cannot but recall that it has been raising issues concerning the observance of the Convention in an observation and a direct request, including longstanding recommendations to bring the labour legislation into conformity with the Convention regarding provisions that unduly restrict: (i) the right of workers to establish and join organizations of their own choosing (minors, foreign workers, domestic workers); and (ii) the right of workers’ organizations to organize their activities in full freedom and to formulate their programmes.Not having received any additional observations from the social partners, nor having at its disposal any indication of progress on these pending matters, the Committee refers to its previous observation and direct request adopted in 2020 and urges the Government to provide a full reply thereto. To this end, the Committee expects that any request for technical assistance that the Government may address to the Office will be acted upon as soon as possible.

The Committee expects that the Government will make every effort to take the necessary action in the near future.