Interim Report - Report No 393, March 2021

Case No 3249 (Haiti) - Complaint date: 31-AUG-16 - Active

Allegations: The complainant alleges that union officials working in the postal sector have been automatically laid off, that they have not been reinstated in their posts and that their union has been dissolved

1. 502. The Committee last examined this case, presented in 2016, at its June 2019 meeting, when it presented an interim report to the Governing Body [see 389th Report, approved by the Governing Body at its 336th Session (June 2019), paras 412–422].
2. 503. In the absence of a reply from the Government, the Committee has been obliged once again to postpone its examination of this case. In March 2020, the Committee expressed regret at the continued lack of cooperation and launched an urgent appeal to the Government, indicating that it would present a report on the substance of the matter at its next meeting even if the information or observations requested had not been received on time. Even now, the Government has yet to provide its observations.
3. 504. 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. Previous examination of the case

1. 505. During its previous examination of the case, in June 2019, the Committee made the following recommendations [see 389th Report, para. 422]:
   • (a) The Committee deplores that the Government has not replied to the allegations, even though it has been asked to do so on several occasions, including through urgent appeals, and urges it to reply as soon as possible.
   • (b) In the light of the scant and contradictory information brought to its attention, the Committee urges the Government and the complainant organization to provide precise information concerning the establishment of the Haiti Postal Workers’ Union (SPH) (date of establishment, registration procedure, statutes, etc.) and the circumstances surrounding its alleged dissolution.
   • (c) The Committee urges the Government to expedite an independent inquiry into the allegations concerning the automatic laying off of the union representatives concerned, namely Mr Daniel Dantes, Mr Fely Desire, Mr Jean Estima Fils, Mr Petit-Maitre Jean Jacques, Mr Ronald Joseph, Mr Harold Colson Lazarre, Mr Amos Musac and Mr Guito Phadael, and to provide information on their present situation. If it is found that acts of anti-union discrimination have been committed by the Directorate General of the Post Office, the Committee calls on the Government to take the necessary measures of redress, including ensuring that the workers concerned are reinstated without loss of pay. The Committee requests the Government to keep it informed of all measures taken in this regard and the results of those measures, and to indicate whether any court rulings have been issued in these cases.
   • (d) In the light of the issues raised in this complaint, the Committee reminds the Government that it may avail itself of the technical assistance of the Office.

B. The Committee’s conclusions

1. 506. The Committee deplores that, over four years after the submission of the complaint, the Government has still not provided the requested observations and information in response to the allegations made by the complainant organization and the Committee’s recommendations, even though it has been asked to do so on several occasions, including through urgent appeals.
2. 507. Under these circumstances and in accordance with the applicable procedural rule [see 127th Report, approved by the Governing Body at its 184th Session (1972), para. 17], the Committee is obliged to present a new report on the substance of the case without being able to take account of the information that it hoped to receive from the Government.
3. 508. The Committee reminds the Government that the purpose of the full procedure established by the International Labour Organization for the examination of alleged violations of freedom of association is to ensure respect for this freedom in law and in fact. The Committee firmly maintains its position that, while this procedure protects governments against unreasonable accusations, governments must recognize the importance of formulating, for objective examination, detailed replies concerning allegations brought against them [see first report, 1952, para. 31]. In spite of the multiple difficulties the country has had to face, the Committee urges the Government to be more cooperative in the future.
4. 509. The Committee recalls that the allegations in this case concern the automatic laying off in 2012 of union officials working in the postal sector, their non-reinstatement in their posts and the dissolution of their longstanding union. The union representatives concerned are Mr Daniel Dantes, Mr Fely Desire, Mr Jean Estima Fils, Mr Petit-Maitre Jean-Jacques, Mr Ronald Joseph, Mr Harold Colson Lazarre, Mr Amos Musac and Mr Guito Phadael.
5. 510. The Committee deeply regrets that neither the Government nor the complainant organization has provided the requested information concerning the establishment of the Haiti Postal Workers’ Union (SPH) (date of establishment, registration procedure, statutes, etc.) and the circumstances surrounding its alleged dissolution. The Committee also deeply regrets that it has not received any information from the Government on the automatic laying off of the above-mentioned union representatives. The Committee can only emphasize that such actions against union officials, which have been aggravated by the Government’s silence over steps taken to ensure their protection such as conducting an independent inquiry as quickly as possible, are likely to corroborate the more general allegations of non-observance of union rights in the country.
6. 511. Under these circumstances, the Committee is obliged to refer the Government to the conclusions of its last examination of this case [see 389th Report, paras 412–422] and to reiterate its previous recommendations in their entirety.

The Committee’s recommendations

1. 512. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee again deplores that the Government has not replied to the allegations, even though it has been asked to do so on several occasions, including through urgent appeals, and urges it to reply as soon as possible.
   • (b) In the light of the scant and contradictory information brought to its attention, the Committee urges the Government and the complainant organization to provide precise information concerning the establishment of the Haiti Postal Workers’ Union (SPH) (date of establishment, registration procedure, statutes, etc.) and the circumstances surrounding its alleged dissolution.
   • (c) The Committee urges the Government to expedite an independent inquiry into the allegations concerning the automatic laying off of the union representatives concerned, namely Mr Daniel Dantes, Mr Fely Desire, Mr Jean Estima Fils, Mr Petit-Maitre Jean-Jacques, Mr Ronald Joseph, Mr Harold Colson Lazarre, Mr Amos Musac and Mr Guito Phadael, and to provide information on their present situation. If it is found that acts of anti-union discrimination have been committed by the Directorate General of the Post Office, the Committee calls on the Government to take the necessary measures of redress, including ensuring that the workers concerned are reinstated without loss of pay. The Committee requests the Government to keep it informed of all measures taken in this regard and the results of those measures, and to indicate whether any court rulings have been issued in these cases.
   • (d) In the light of the issues raised in this complaint, the Committee reminds the Government once again that it may avail itself of the technical assistance of the Office.