Effect given to the recommendations of the committee and the Governing Body - Report No 343, November 2006

Case No 2258 (Cuba) - Complaint date: 15-APR-03 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 64. At its previous examination of the case, at its meeting in May-June 2005, the Committee made the following recommendations on the issues that remained pending [see 337th Report, para. 854]:
2. – Taking into account the previous cases presented to the Committee relating to harassment and detention of members of trade unions that are independent of the established structure, and also taking into account the fact that the convictions of seven trade unionists were issued in the context of very brief summary proceedings and that for the third time the Government has failed to send the requested judgements containing these sentences, the Committee urges the Government to take steps to ensure the immediate release of the trade unionists referred to in the complaint (Pedro Pablo Alvarez Ramos (sentenced to 25 years’ imprisonment), Carmelo Díaz Fernández (15 years), Miguel Galván (26 years), Héctor Raúl Valle Hernández (12 years), Oscar Espinosa Chepe (25 years), Nelson Molinet Espino (20 years), and Iván Hernández Carrillo (25 years)), and to keep it informed in this respect.
3. – With regard to the allegations that: (1) on 6 September 2002 CONIC held its second national assembly, amidst retaliation by the State; (2) a heavy-handed operation was conducted by the political police to prevent the annual trade union assembly being held; (3) the political police threatened the CONIC officials with possible charges of rebellion if any demonstration was held in the vicinity of the premises where the assembly was taking place; (4) they stopped all people trying to enter the building, checking their identity and the reason for their presence, and they also denied access to a number of trade unionists, violently ejecting them from the vicinity, the Committee requests the Government to carry out a detailed investigation into these allegations and keep it informed in this respect.
4. – The Committee requests the Government to accept a direct contacts mission.
5. 65. In its communication of 28 March 2006, with regard to the individuals mentioned in the Report of the Committee on Freedom of Association, the Government expresses its regret that the Committee continues to ignore the wealth of specific arguments and information presented showing that those people are not trade union members, they do not have any employment links with workers’ bodies or collectives in the country and they were not sanctioned for trade union activities; all this means that pursuing this case within the framework of the proceedings of the Committee on Freedom of Association is inappropriate and has no legal objectivity. It should be noted that the manifest misinformation in the Report is such that it even calls for the release of two individuals who were given leave to serve a portion of their sentence outside prison under house arrest (licencias extra penales) in June and November 2004, something that was widely reported in the international press.
6. 66. When it is stated in paragraph 838 of the Committee’s Report that, if it had had these rulings at its disposal, the Committee “would have been in a position to examine the basis on which the persons in question had been convicted”, this unjustly discounts the arguments sent in promptly by the Government of Cuba in response to each request for information.
7. 67. The Government adds that it believes the recommendations in paragraph 854 of the 337th Report and the valued judgements expressed about the judicial proceedings that issued the mentioned rulings impinge upon the integrity and the independence of the courts that passed those sentences in accordance with procedural laws and in full respect of the guarantees established by those laws in the Constitution of the Republic of Cuba. Everybody involved in the proceedings was notified and made aware of these rulings. As such, the Government reiterates the information regarding the all-important laws, procedures and guarantees in the cases mentioned, which were promptly submitted to the Committee on Freedom of Association in response to its requests.
8. 68. The Government adds that the Committee on Freedom of Association continues to argue that there is a lack of information because the Government’s responses with regard to the people included in the complaint are general. The Government reminds the Committee that, in its communication of 23 February 2004, additional and specific information was sent about all the people mentioned, as well as detailed replies to all the allegations in the complaint, all of which is reiterated in this communication, along with the Government’s thoughts on this case, which have already been sent in previously.
9. 69. The Government states that it has systematically kept in contact with ILO officials who have visited the country for various technical assistance missions and it maintains close relations with directors and specialists in the Mexico and Costa Rica Offices as well as with the Regional Office in Lima, through its Regional Director, who recently conducted a visit to the country that was extremely beneficial for both parties. Moreover, the Government has allowed ILO experts, of different categories and specialities, including those who specialize in activities for workers, to come and inspect conditions in the country. Cuba reiterates its policy of principles and its willingness to continue developing technical cooperation with ILO mechanisms with a universal mandate and which are not based on politically motivated and discriminatory decisions which lack objectivity.
10. 70. The Government indicates that, as it has said before, the Committee on Freedom of Association has enough information to conclude its consideration of Case No. 2258 without any further delay. Continuing to prolong it threatens the credibility of the work of the bodies responsible for promoting and protecting freedom of association in all parts of the world. Lastly, the Government of Cuba states its hope that the objectivity and impartiality that should characterize this important ILO monitoring body will prevail, and lead it to the unavoidable conclusion that the time has come to end this unjust manoeuvre, that is Case No. 2258.
11. 71. The Committee notes all the information provided by the Government and in particular the release from prison of two people who were given leave to serve a portion of their sentence outside prison under house arrest (licencias extra penales) in June and November 2004, as well as that various technical assistance missions have visited the country and that Cuba reiterates its policy of principles and its willingness to continue developing technical cooperation with ILO mechanisms.
12. 72. The Committee regrets that the Government has not accepted the direct contacts mission that it had proposed and, more generally, that it only repeats previously-given information and arguments without taking measures to secure the immediate release of five members of trade unions independent of the established structure who have been given long prison sentences and has not acted on its previous recommendation on the allegations regarding CONIC.
13. 73. In light of the indirect accusation of political and discriminatory motivation and a lack of objectivity, the Committee highlights that this is unfounded given that the Government has for the fourth time failed to send in the judgements of the convicted trade union members and has not acted on its recommendation to launch a detailed investigation into the allegations regarding the CONIC organization.
14. 74. The Committee once again requests the Government to act on its previous recommendations.