Interim Report - Report No 207, March 1981

Case No 1004 (Haiti) - Complaint date: 12-SEP-80 - Closed

1. 316. By communications dated 12 September and 20 October 1980, the Union of Haitian Workers, the headquarters of which is in New York, presented a complaint of infringement of trade union rights in Haiti. For its part the Government furnished its observations in a communication dated 10 November 1980.
2. 317. Haiti has ratified both 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. 318. The complaint of the Union of Haitian Workers concerns the disappearance of an active trade unionist. The complainant alleges in its two communications that Rémy Alexis, a member of the "Association of Haitian Chauffeurs-Guides" trade union, was secretly kidnapped whilst he was at the local headquarters of the abovementioned association, where his car remained parked. Inquiries undertaken to clarify the situation have proved fruitless. Rémy Alexis worked at Port-au-Prince. The complainant goes on to say that, although Mr. Alexis's car was parked in the courtyard of the Association of Chauffeurs-Guides between 1 and 15 April 1980, no member of the office was able to give any information as concerns the date and time when the vehicle was driven to this place.
2. 319. The complainant adds that, over and above this particular case, the total absence of freedom of association constitutes a major obstacle to trade unions in Haiti: workers' organisations which operate within the country cannot maintain contact with the international unions or groups of affiliated trade unions which would be able to provide them with support affiliation of any kind is prohibited under the policy of the Government.
3. 320. In its reply, the Government states that it has reported the facts concerning the disappearance of Rémy Alexis to the steering Committee of the Association of Chauffeur-Guides of Haiti of which the missing trade unionist was a member. Attached to its reply the Government supplies the explanations given by this association on 29 October 1980 indicating that the latter was informed of the disappearance of the missing trade unionist by members of his family and that it knew nothing of the circumstances in which Mr. Alexis had disappeared. Indeed, no member of the association had witnessed the disappearance, which could not have taken place at the local headquarters of the organisation without the knowledge of the trade union officials. However, although the association hopes that the competent authorities which are pursuing their inquiries will be able to clarify the situation, it maintains that the affair can in no way be connected with any infringement of trade union rights.
4. 321. The Government for its part states that it has informed the Ministry of the Interior and National Defence of the complaint and that it will transmit any reply which it receives on the case. The Government has not noted any instance of discrimination against this active trade unionist on account of his trade union activities.

B. B. The Committee's conclusions

1. 322. The Committee notes that, although the Association of Chauffeurs-Guides of Haiti of which the victim was a member states that it knows nothing of the circumstances of the disappearance, it affirms that it is not a trade union matter. However, since the Government has indicated that it will transmit any report which is received from the Ministry of the Interior and National Defence on the matter, the Committee wishes to be kept informed of any development in the situation which may occur.
2. 323. Further, the Committee notes that the Government does not provide any information on the allegation that the trade union organisations operating within the country may not remain in contact with international trade unions or groups of affiliated unions.

The Committee's recommendations

1. 324. In the circumstances, the Committee recommends the Governing Body to adopt the present interim report, and in particular the following conclusions:
   • The Committee requests the Government to keep it informed of any development in the situation concerning the disappearance of Rémy Alexis.
   • The Committee also requests the Government to furnish its observations on the allegations concerning the difficulties encountered by the trade unions as regards their affiliation and contacts with international trade union organisations.