Interim Report - Report No 70, 1963

Case No 283 (Cuba) - Complaint date: 09-FEB-62 - Closed

1. 209. The I.F.C.T.U addressed to the Director-General on 9 February 1962 a telegram containing a request for urgent intervention by the I.L.O on the ground that a Cuban trade union leader, Mr. Reynol González, was in imminent danger of execution. The Director-General brought the contents of this telegram to the notice of the Prime Minister and Minister for Foreign Affairs of Cuba by two telegrams dated 9 February 1962.
2. 210. By a letter of 22 February 1962 the Director-General transmitted the complaint to the Government of Cuba in accordance with the normal procedure for the examination of complaints of alleged infringements of trade union rights. In his letter he explained to the Government that, as matters involving human life were raised in the complaint, the case fell within the category of cases regarded by the Governing Body as urgent, in accordance with the decision taken by the Governing Body at its 140th Session (November 1958), and, for this reason, requested the Government to furnish as speedy a reply as possible.
3. 211. Cuba has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 212. At its 30th Session (February 1962) the Committee examined the case for the first time and, noting that no reply had been received from the Government, recommended the Governing Body to request the Government of Cuba to furnish its observations on the complaint as a matter of urgency.
2. 213. The Government of Cuba was informed of this decision by a letter dated 15 March 1962. On the same day the Director-General received a note from the Government, dated 9 March 1962, stating that his letter of 22 February 1962, mentioned in paragraph 210, had been referred to the competent organ of the Revolutionary Government for appropriate action. In a further note, dated 4 April 1962, the Government repeated its statement to the effect that the complaint had been referred to the competent organ of the Revolutionary Government and added that this had been done so that, after study of the complaint, the appropriate observations could be made within the prescribed time.
3. 214. At its 31st Session (May 1962), not having received the Government's observations, the Committee recommended the Governing Body to request the Government of Cuba once again to furnish its observations on the complaint as a matter of urgency. This request was communicated to the Government by a letter dated 8 June 1962, and the Government replied by a note dated 20 June 1962 indicating once again that the said request had been referred to the competent organ of the Revolutionary Government for appropriate action. The request was repeated by letter of 30 August 1962.
4. 215. At its 32nd Session (October 1962), not having yet received the Government's observations, the Committee had to adjourn examination of the case and made a special request to the Government of Cuba to furnish the information in question in time for it to be taken into account by the Committee when it examined the merits of the case at its following session. This decision was communicated to the Government by a letter dated 13 November 1962 and brought once more to its attention by a letter of 11 January 1963.
5. 216. At its 33rd Session (February 1963), still not having received the Government's observations, the Committee had once again to adjourn examination of the case and made a special request to the Government of Cuba to furnish the information in question as a matter of urgency prior to the following session in May 1963. This decision was communicated to the Government by a letter dated 13 March 1963 and brought once more to its attention by a letter dated 22 April 1963. Still no reply has been received from the Government.

B. B. The Committee's conclusions

1. 217. While it deeply regrets not having received a reply which would already have enabled it to examine this case in full knowledge of the facts, the Committee still hopes that the Government of Cuba, which, in three communications dated 8 March, 4 April and 20 June 1962, stated that it had submitted the complaint to the competent organs for the formulation of the appropriate observations, promising in that dated 4 April 1962 to furnish a reply, will not fail to comply as a matter of urgency with its promise by sending the information requested repeatedly from 22 February 1962 onwards.

The Committee's recommendations

1. 218. In all the circumstances the Committee, having regard to the fact that a question of life or death is at stake in this case, recommends the Governing Body:
   • (a) to deplore the fact that the Government of Cuba, despite the promise contained in its communication dated 4 April 1962 and the requests addressed to it on eight occasions, has not furnished the reply necessary to permit of the examination of this case in full knowledge of the facts;
   • (b) to express to the Government its earnest hope that it will not fail to fulfil, as a matter of urgency, the promise to furnish a reply made in its communication dated 4 April 1962.