Interim Report - Report No 208, June 1981

Case No 1025 (Haiti) - Complaint date: 27-JAN-81 - Closed

1. 404. The World Confederation of Labour (WCL) presented a complaint of violation of trade union rights in Haiti in a letter dated 27 January 1981. The Government sent its observations in a communication of 12 March 1981. Since then, the WCL sent additional information in support of its complaint on 30 March 1981. This information was transmitted to the Government which has not yet supplied detailed observations on this further information.
2. 405. 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. The complainant's allegations

1. 406. The WCL states that the Ministry of Labour has refused legal recognition of the Autonomous Confederation of Haitian Workers (CATH), set up in conformity with the legal requirements, and that several of its leaders have been arrested or deported from the country after having been mistreated.
2. 407. The complainant further states that the General Secretary of CATH, Mr. Yves Richard, was arrested, taken to the Presidential Palace, questioned, beaten and then expelled to Curaçao. Several journalists and trade union and political leaders have suffered the same treatment, in particular, Joseph Lafontant, Sylvio Claude, Harold Isaac, Gregorie Eugène and Jean Dominique. Thousands of workers, adds the complainant, are now in prison or have sought refuge in embassies and in the Dominican Republic.
3. 408. According to the complainant, the headquarters of CATH was broken into by the Haitian police, its equipment and documentation was stolen and its bank accounts were frozen.
4. 409. Finally, the complainant alleges that 48 workers have been dismissed without reason from the national brewery, six from the "Textile Look" factory and three from the "Dress Martin" establishment.
5. 410. In its letter of 30 March 1981, the WCL adds that, on 22 December 1980, the trade unionist Simeon Jean Baptiste was shot dead by government forces while attending a trade union meeting. It also encloses a statement by Mr. Yves Richard, General Secretary of CATH, describing his arrest on 22 December and the poor prison conditions, and requesting the release of 45 named CATH members who are in prison.

B. The Government's reply

1. 411. The Government states, as regards the allegation of refusal to recognise CATH, that on 2 June 1980 the Ministry of Social Affairs wrote to that organisation pointing out certain procedural problems with its request for registration, such as non-compliance with section 285 of the Labour Code which requires the lodging of a complete list of its affiliated trade unions, and requesting compliance before registration could be granted. This letter, a copy of which the Government supplies, was never replied to, and thus the Government maintains that the organisation was never legally formed.
2. 412. Concerning the allegation of arrest of political and trade union leaders, the Government explains that Mr. Yves Richard was detained for political and subversive activities quite distinct from the exercise of trade union activities. As for Messrs. Joseph Lafontant, Sylvio Claude, Harold Isaac, Gregorie Eugène and Jean Dominique, the Government states that, as far as it is aware, they have no connection with the Haitian trade union movement; as for the thousands of workers alleged to be in prison or to have taken refuge in embassies or neighbouring countries, the Government also states that there is no evidence that this was done because of attempts to limit their trade union rights.
3. 413. The Government points out that the cases of the 48 dismissed workers have been submitted to the Labour Court in accordance with the provisions of the Labour Code; some of the workers who had complained decided freely to reject judicial action and accepted severance pay from their employers. According to the Government, none of these workers belonged to a legally recognised union.
4. 414. On 28 April 1981, the Government stated that the questions raised in the WCL's communication dated 30 March 1981 were the responsibility of the ministry of the Interior and National Defence and it pointed out that it would not fail to send the relevant information subsequently.

C. The Committee's conclusions

1. 415. This case concerns allegations of non-recognition of a trade union organisation, arrests, maltreatment and expulsion of trade union leaders and members, interference with trade union premises and bank accounts and unjustified dismissal of 48 workers.
2. 416. As regards the recognition of a trade union organisation, the Committee notes the Government's explanation that this could not be done because the organisation concerned had not complied with certain legal formalities set out in the Labour Code. The Committee notes that these formalities (section 285 of the Code) do not appear to be onerous and that the organisation seems to have continued its activities even without the advantages that are commensurate with registration under the Code.
3. 417. Concerning the alleged arrests, maltreatment and expulsion of trade union leaders and members, the Committee notes the Government's statement that none of the leaders were connected to trade unions in Haiti, and that no measures had been taken against them for trade union activities. The Committee would recall that, in the past, it has expressed its view with regard to the application of measures which, although of a political nature and not intended to restrict trade union rights as such, might, nevertheless, affect the exercise of such rights. In the present case, it is important to point out that measures of preventive detention may involve a serious interference with trade union activities which it would seem necessary to justify by the existence of a serious situation or emergency and which would be open to criticism unless accompanied by adequate judicial safeguards applied within a reasonable period; especially where there are allegations of ill-treatment of detainees, the Committee has stressed the importance of carrying out an inquiry into the facts in order to establish responsibilities and of taking appropriate action, in particular, to give precise instructions and apply effective sanctions so as to ensure that no detainee is subjected to ill-treatment.
4. 418. In relation to the allegation of interference with trade union premises and bank accounts, the Committee notes that the Government has not commented thereon. Nevertheless it considers it important to recall that the occupation of trade union premises and the freeze of union bank accounts may constitute a serious interference by the authorities in trade union activities, as it has stated in the past, and consequently may run counter to the principle that trade unions have the right to organise their activities and to the legal exercise thereof without hindrance by the public authorities. Furthermore, the International Labour conference, in its 1970 Resolution concerning Trade Union Rights and their Relation to Civil Liberties, placed special emphasis on the right to protection of trade union property. The Committee would appreciate receiving any observations that the Government might wish to make in this respect.
5. 419. As for the dismissal of 48 workers, the Committee notes the Government's statement that those who so wished have had their cases reviewed by the Labour Court in accordance with the provisions of the Labour Code, and those who decided to reject judicial action have freely accepted severance pay from their employers. The Committee requests the Government to supply information on the specific reasons behind the dismissals and on the results of the appeals brought by some of the dismissed workers.

The Committee's recommendations

1. 420. In these circumstances, the Committee recommends the Governing Body to adopt the present interim report and, in particular, the following conclusions:
   • Regarding the allegations concerning the death of Mr. Simeon Jean Baptiste and the imprisonment of 45 trade unionists mentioned by the complainant, the Committee requests the Government to supply its observations.
   • Regarding the non-recognition of a trade union organisation, the Committee notes that this organisation did not comply with the normal legal formalities provided for in the legislation and, in any case, apparently carried on its activities without registration.
   • As regards the alleged arrests, maltreatment and expulsion of trade union leaders and members, the Committee would draw the Government's attention to the principles that measures of preventive detention may involve a serious interference with trade union activities and that there should be an inquiry and appropriate action taken where there are allegations of ill-treatment of detainees.
   • As regards the alleged interference with trade union premises and freezing of bank accounts, the Committee notes that the Government makes no comment, and while drawing its attention to the importance of the right to protection of trade union funds and property, would ask it to send any observations that it might have in this respect.
   • Regarding the alleged dismissal of 48 workers the Committee requests the Government to supply information on the specific reasons behind the dismissals and on the results of the appeals brought by some of the dismissed workers.