Report in which the committee requests to be kept informed of development - Report No 211, November 1981

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

1. 210. The Committee already examined this case at its February 1981 Session, when it presented an interim report to the Governing Body. Since then, the Government sent certain information in a letter of 31 March 1981.
2. 211. Haiti 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

• Previous examination of the case
  212. 212 The complaint of the Union of Haitian Workers concerned the disappearance of an active trade unionist Rémy Alexis' a member of the "Association of Haitian Chauffeur-Guides" trade union, who, according to the complainant, was secretly kidnapped while he was at the central headquarters of the Association in Port-au-Prince, where his car remained parked.
  213. 213 Over and above this particular case, the complainant denounced the total absence of freedom of association. According to the complainant, workers' organisations which operated within the country could not maintain contact with the international trade union federations or Confederations which would be able to provide them with support, since affiliation of any kind was prohibited.
  214. 214 The Government reported the facts concerning the disappearance of Rémy Alexis to the steering Committee of the Association of Haitian Chauffeur-Guides, of which the missing trade unionist was a member. The Association stated that it had been informed of the disappearance of the missing trade unionist by members of his family but that it knew nothing of the circumstances of his disappearance. It also maintained that the affair was not a trade union matter.
  215. 215 The Government had also informed the Ministry of the Interior and National Defence of the complaint and stated that it would transmit any report which it received on the case. Furthermore, the Government did not provide any information on the allegation that the trade union organisations operating within the country could not remain in contact with international trade union federations or Confederations.
  216. 216 In these circumstances, at its February 1981 Session, the Committee requested the Government to keep it informed of any development in the situation concerning the disappearance of Rémy Alexis and to furnish its observations on the allegation concerning the difficulties encountered by the trade unions as regards their affiliation and contacts with international trade union organisations.
• Reply of the Government
  217. 217 In its communication of 31 March 1981, the Government states, in connection with the allegation concerning the difficulties encountered by the trade unions as regards their affiliation and contacts with international trade union organisations' that the Haitian Labour Code contains no restrictions in this regard. It adds that section 276 of this Code provides that "No person who is not a Haitian citizen; has not been engaged in the trade or occupation concerned or employed in the workplace concerned for at least six months, or is not in possession of a qualifying diploma or certificate in the branch or trade concerned; shall be a member of the board of management of a union". The Government goes on to say that, in accordance with section 279, the labour court may suspend the activities of any union if it appears that the union employs open violence against persons for the purpose of compelling them to join the union or of interfering with their lawful work; commits, or incites others to commit, any acts punishable by law against persons or property, engages in political activities, or concerns itself with matters unconnected with its object.
  218. 218 The Government concludes by stating that the internal affairs of a Haitian trade union lie exclusively within the competence of the Haitian citizens who are members of its board of management. The Government adds that any external interference which would incite the trade union to commit the acts punishable by law referred to in the above-mentioned section of the Code should be avoided. According to the Government, the principle of non-interference in the internal affairs of a country lies at the root of any relations which may have been "freely" entered into between the Haitian trade unions and the international organisations of their choice. Furthermore, the Government supplies no new information on the death of Rémy Alexis.

B. B. The Committee's conclusions

• Conclusions of the Committee
  219. 219 As regards the allegations that national organisations may not maintain contacts with international organisations, the Committee takes note of the Government's statement that the Labour Code does not forbid Haitian trade unions from becoming affiliates of these organisations.
  220. 220 On this important point the Committee nevertheless wishes to recall that international trade union solidarity is one of the fundamental objectives of any trade union movement and that it inspired the standard set forth in Article 5 of Convention No. 87, namely that any organisation, federation or Confederation shall have the right to affiliate with international organisations of workers and employers. The Committee accordingly wishes to stress, as it has done in earlier cases, the importance that it attaches to the fact that no obstacle - either in law or in fact - should be placed in the way of the affiliation of workers' organisations with any international organisation of workers of their own choosing. It also wishes to recall that the principle according to which national organisations shall have the right and the effective possibility of affiliating with international organisations implies that they have the right to maintain contact with these organisations and, in particular, to take part in their activities and to benefit from the services and the advantages deriving from membership.
  221. 221 The Committee can only deplore the fact that it has not received additional information regarding the disappearance of the active trade unionist, Rémy Alexis, and must again request the Government to keep it informed of any further development in this case.

The Committee's recommendations

• Recommendations of the Committee
  222. 222 In these circumstances the Committee recommends the Governing Body:
• to draw the attention of the Government to the importance which it attaches to the fact that no obstacle should be placed in the way of the affiliation of workers' organisations in Haiti with any international organisation of workers of their own choosing;
• to again request the Government to keep it informed of any further development regarding the disappearance of the active trade unionist, Rémy Alexis.