Interim Report - Report No 397, March 2022

Case No 3271 (Cuba) - Complaint date: 21-DEC-16 - Active

Allegations: the complainant organization alleges lack of recognition, and harassment and persecution of independent trade unionists, involving acts of aggression, assaults and dismissals of independent trade unionists, and other acts of anti-union discrimination and interference by the public authorities

1. 332. The Committee last examined this case (presented in December 2016) at its March 2021 meeting, when it presented an interim report to the Governing Body [see 393rd Report, approved by the Governing Body at its 341st Session (March 2021), paras 318–354]. 
2. 333. The complainant organization submitted new allegations in its communications dated 7 April, 12 May, 2, 15, 20 and 26 July, 30 September, 24 November and 6 and 20 December 2021.
3. 334. The Government submitted its observations in communications dated 22 July, 14 and 15 September, 29 October, 28 December 2021 and 11 February and 3 March 2022.
4. 335. Cuba has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Workers’ Representatives Convention, 1971 (No. 135).

A. Previous examination of the case

1. 336. During its previous examination of the case in March 2021, the Committee made the following recommendations [see 393rd Report, para. 354]:
   • (a) The Committee once again strongly urges the Government to ensure that the Independent Trade Union Association of Cuba (ASIC) is given recognition and that it can freely operate and carry out its trade union activities.
   • (b) The Committee once again urges the Government to send a copy, without further delay, of the criminal convictions against Mr Iván Hernández Carrillo, Mr Carlos Reyes Consuegras, Mr Jorge Anglada Mayeta, Mr Víctor Manuel Domínguez García, Mr Alejandro Sánchez Zaldívar, Mr Wilfredo Álvarez García, Mr Bárbaro de la Nuez Ramírez, Mr Alexis Gómez Rodríguez, Mr Roberto Arsenio López Ramos, Mr Charles Enchris Rodríguez Ledezma, Mr Eduardo Enrique Hernández Toledo, Mr Yoanny Limonta García, Mr William Esmérido Cruz Delgado and Ms Yorsi Kelin Sánchez, and to keep the Committee informed of the outcome of the administrative and judicial proceedings awaiting decision.
   • (c) The Committee once again urges the Government to ensure that an investigation is made into all the allegations of acts of aggression and restrictions on public freedoms raised with respect to Mr Osvaldo Arcis Hernández, Mr Bárbaro Tejeda Sánchez, Mr Pavel Herrera Hernández, Mr Emilio Gottardi, Mr Raúl Zerguera Borrell, Mr Reinaldo Cosano Alén, Mr Felipe Carrera Hernández, Mr Pedro Scull, Mr Lázaro Ricardo Pérez, Mr Hiosvani Pupo, Mr Daniel Perea García, Mr Dannery Gómez Galeto, Mr William Esmérido Cruz, Mr Roque Iván Martínez Beldarrain, Mr Yuvisley Roque Rajadel, Mr Yakdislania Hurtado Bicet, Ms Aimée de las Mercedes Cabrera Álvarez, Ms Ariadna Mena Rubio and Ms Hilda Aylin López Salazar, and to provide the Committee with detailed information with respect to each of them and on the outcome (with copies of decisions or rulings) of any administrative or judicial proceedings instituted in relation to the above-mentioned allegations.
   • (d) With regard to the alleged restrictions imposed on ASIC members on travelling outside the country to participate in international activities in connection with their trade union work, the Committee strongly urges the Government to refrain from unduly restricting the right of ASIC officials and members to organize and carry out their trade union activities freely, including when these activities are held outside the country.
   • (e) The Committee firmly expects the Government to fully ensure that ASIC officials have the freedom of movement in the national territory required to carry out their trade union activities without Government interference.
   • (f) With regard to the alleged anti-union dismissals, the Committee requests the Government to send a copy of the outcome of the corresponding investigations. The Committee also requests the complainant to confirm whether complaints against the dismissals have been lodged with the competent judicial authority.
   • (g) The Committee firmly expects the Government to fully ensure adequate protection for ASIC officials against any acts of interference in their trade union activities, including in the circumstances described by the Government.

B. The complainant’s new allegations

1. 337. In its communications, the complainant organization alleges the proliferation of anti-union harassment with the aim, as reportedly stated by police officers, of supressing and eliminating ASIC. The complainant organization specifically alleges:
   • The anti-union dismissal of two members of ASIC (trade union activist, Mr Ismael Valentín Castro, and the head of Mujeres Trabajadoras (Women Workers) in the province of Villa Clara, Ms Dania Noriega), following inspections conducted at the end of March 2021 by officials from the Department of State Security (DSE) at their workplace, the Brisas del Mar hotel complex, in the municipality of Caibarién, in the Villa Clara province. The complainant organization reports that: (i) three officials dressed as civilians approached Mr Valentín Castro and told him that they knew who he was and advised him to leave and to stop working in order to avoid any further issues; (ii) Ms Noriega received an audit which resulted in a fine of 2,500 Cuban pesos (equivalent to a monthly minimum wage) — although they told her that they knew she was an opponent and that if she handed in her resignation, nothing would happen and that they would not apply the fine, which, in the end, was imposed and paid through the ASIC solidarity fund—; and (iii) subsequently, the DSE officials forced the administration to dismiss both trade unionists and to disguise the dismissals as the result of restructuring. The complainant organization notes that no explanation is provided as to the legal grounds on which the dismissal was based, other than a vague reference to legislation, applied by the employer in a discretionary manner. It also states that this is a common practice against ASIC activists and officials: when they are found to be participating in trade union activities, they are penalized or removed from their posts without justification (communication dated 7 April 2021).
   • The increased harassment, surveillance and persecution of the ASIC general secretary, Mr Iván Hernández Carrillo, by the police, to the point where he feared for his physical safety and life. The complainant organization reports that: (i) Mr Hernández’s home is strictly monitored and every time that he leaves, he is overtly followed (with close physical contact) by State security agents; (ii) the situation has worsened, with the receipt of anonymous messages on social media making death threats against him, which, ASIC states, come from police intelligence agencies for the purpose of harassment and intimidation; and (iii) as has now become customary, these measures were accompanied by threats to send him back to prison (the general secretary served eight and a half of the 25 years to which he was sentenced as part of the spring repression of 2003, and was granted parole (licencia extrapenal) (communication of 12 May 2021).
   • The cyber lockout experienced by the ASIC general secretary on 29 June 2021 when attempting to access the webinar organized by the International Group for Corporate Social Responsibility in Cuba (GIRSCC) and the French Democratic Confederation of Labour, on the subject of bilateral relations between the European Union and Cuba, the current status of labour relations in Cuba and fundamental labour rights. The complainant organization alleges that: (i) the ASIC general secretary attempted on several occasions to connect to Zoom to attend the aforementioned event but was prevented from accessing it by an error message; (ii) in anticipation of this situation, he had made a pre-recording of his statement, which was transmitted to the meeting, although this did not allow for any interaction with the meeting; (iii) this was not a technical error, as other less exposed activists were able to connect to the event, and Mr Hernández was able to connect to a different event; and (iv) this appears to be a new method to limit the freedom of action of ASIC and its officials (the Government controls the activities in which the general secretary can participate and continues to prohibit him from leaving the country), and is additional evidence of cyber espionage carried out by the Cuban Government against ASIC activists (communication of 2 July 2021).
   • The direct intimidation and exposure to public scorn faced by ASIC deputy general secretary, Mr Alejandro Sánchez Zaldívar, during a press conference broadcast by the national television network on 13 July 2021. During the press conference, the Chancellor presented a list of Twitter accounts, including the account of the deputy general secretary, and described them as instruments of the Government of the United States of America, used to destabilize the Cuban regime, an accusation which could result in serious charges against him, such as being in the service of a foreign power and treason, which carry heavy penalties including the death sentence. ASIC considers that, following the indiscriminate repression carried out by State security agencies, special forces and paramilitary gangs, during which they broke down doors and stormed houses, and beat, shot and arrested individuals involved in the protests, the accusations made by the Chancellor are clearly extremely dangerous for Mr Sánchez and his family (communication of 15 July 2021).
   • The violent repression against ASIC trade unionists in the context of the protests held on 11 July 2021, as part of the widespread repression across the island, which was followed by persecution, harassment, illegal raids of homes and targeted arrests of the most prominent protesters and dissidents. The complainant organization specifically reports: (i) the brutal beatings by the police and paramilitary brigades, and, in some cases, arrests, of six ASIC members in the Holguín province. The complainant organization refers to a detailed report on the assault of and injuries sustained by Mr Ramón Zamora Rodríguez (ASIC secretary in the Holguín province) and Mr Yisan Zamora Ricardo (secretary of the Jóvenes Trabajadores (Young Workers) of ASIC in Holguín), and by Ms Anairis Dania Mezerene Sánchez, Mr Jefferson Ismael Polo Mezerene, Ms Mailín Ricardo Góngora, Mr Lisan Zamora Ricardo and Mr Ulises Rafael Hernández López (ASIC members in Holguín) (communication of 20 July2021), and (ii) the temporary detention and intimidation of, and threats against the ASIC provincial delegate in Cruces, Ms Consuelo Rodríguez Hernández, and the summons of trade unionist, Ms Ketya Capote Gracias, to warn her that she was linked to a political prisoner on parole (communication of 26 July 2021).
   • The arbitrary detention, beating, harassment of, and further threats against trade unionist, Mr Ramón Zamora Rodríguez and his son, Mr Yisan Zamora Ricardo. The complainant organization alleges that, on 25 July, Mr Zamora Ricardo was arrested and transferred to the DSE centre known as “Pedernales” (a centre denounced by opponents for the severe and brutal physical and psychological torture to which detainees are subjected). ASIC alleges that, at the DSE centre, Mr Zamora Ricardo was subjected to a variety of cruel, inhumane and degrading forms of treatment (he was punched, slapped, stripped naked and forced to squat, insulted and intimidated), and that, afterwards, both individuals were transferred to dark windowless cells, where there were known to be prisoners who had COVID 19, with the intention of them contracting the illness, which is what happened (communications of 30 September 2021).
   • The sabotage of the participation of 19 ASIC trade unionists in an online training seminar hosted by the Colombian National Institute of Social Studies. It is alleged that the State entity providing the Internet service, which is controlled by the Ministry of Communications, cut off the communications and connections of all 19 registered trade unionists who were trying to participate from various locations on the island (communications of 30 September 2021).
   • The repression of ASIC activists and officials the day before, during and after the demonstration organized by civil society groups on 15 November 2021. ASIC provides detailed allegations of: (i) visits by DSE officials to the homes of seven ASIC members to warn them not to leave their homes on 15 November, with threats to arrest and detain them; (ii) the summons of an ASIC activist to report to the police unit in Cruces, where she was interrogated and warned about the demonstration; (iii) the arrest of trade unionist, Mr Humberto Bello Lafita, on 13 November 2021, as he was leaving his home, and his transferral to the detention centre known as “El Vivac” in Havana, where he was given a one-year prison sentence following a rigged and unfair summary trial held in secret. He was then transferred to the Valle Grande prison in Havana; (iv) the arrest of ASIC provincial secretary in Santiago de Cuba, Mr Daniel Perera García, who was taken to the DSE’s headquarters, Palma Soriano, in Santiago de Cuba, where he was beaten, insulted and offended. He was then handcuffed and transported to the municipal police station, where he was given a warning; (v) the detention, on 16 November 2021 in Holguín, of ASIC provincial secretary, Mr Ramón Zamora Rodríguez, together with his wife and son, who were arrested and taken by two DSE officers to the El Anillo police station, where he received warnings and was subjected to intimidation. On the afternoon of 14 November, and the morning of 15 November, DSE officers had gone to Mr Zamora’s home and told him that he and his son, in particular, could not leave their home or they would be confronted by rapid response groups. During these two days, members of the rapid response groups continued to besiege his home and family (these allegations are described in detail in the communication dated 20 December 2021); and (vi) the harassment and victimization of 20 other trade unionists at their homes, including the ASIC general secretary, on 14 and 15 November, by police officers and paramilitary mobs (communication of 24 November 2021); and
   • Further assault of the ASIC general secretary, Mr Iván Hernández Carrillo, by DSE officials, and the receipt of serious threats following a police summons issued on 30 November 2021 with only three hours’ notice to comply. ASIC alleges that: (i) the authorities informed him that he had been summoned to discuss the offence of mercenarism, which he had allegedly committed by drafting a list of persons arrested on 11 July to be used to contact the families of those arrested; (ii) none of the activities covered by this offence correspond to the peaceful activities of trade union and civil activism carried out by the ASIC general secretary; in Cuba, where due process does not exist, mercenarism carries heavy penalties, including the death penalty, (Mr Hernández Carrillo was already convicted once in a summary trial in 2003); (iii) he was threatened that if he reoffended, his parole (licencia extrapenal) would be revoked, he would be imprisoned and an additional case would be opened against him for mercenarism; and (iv) he was ordered not to leave the municipality of Colón without prior authorization by State security (communication of 6 December 2021).

C. The Government’s reply

1. 338. In its communications, the Government provides its observations on the allegations in the present case. The Government considers that the Committee has not taken due consideration of the extensive information provided by the Cuban authorities. It reiterates, in general, that the complainants seek to manipulate the ILO bodies to their advantage, by reporting false facts, and by presenting anti-social persons, who have been convicted of committing common offences, as defenders of human rights, when, in fact, these persons are acting as part of an agenda to bring about a regime change coordinated and funded from abroad. The Government also expresses its willingness to promote constructive tripartite dialogue as the only way to promote respect for the rights of workers’ and employers’ organizations in law and in practice.
2. 339. As regards recommendation (a) of the Committee’s last report (recognition and free operation of ASIC), the Government reiterates that: (i) it considers that the request for recognition is contrary to Articles 2 and 8 of Convention No. 87; (ii) the members of the organization that calls itself ASIC do not have employment relationships, are not employers or workers, have not been elected or appointed by the members as workers’ representatives, and may not in practice establish and join organizations of their own choosing in full freedom; (iii) ASIC does not qualify a trade union organization and its purpose falls outside the scope of workers’ rights; (iv) its “officials and members” display questionable social and criminal behaviour and serve illegitimate interests which are publicly financed and orchestrated from abroad, and which seek to subvert the legal order and violate Cuban law in terms of the promotion and protection of workers’ rights; and (v) these persons present themselves as trade union activists and critics of the Government in exchange for money to denounce human rights violations of workers that do not exist.
3. 340. Regarding recommendation (b) (submission of copies of criminal convictions and the outcome of the administrative and judicial proceedings awaiting decision), the Government states that it once again regrets that the Committee has not taken note of the information provided in previous replies regarding the list of identified citizens, and that the Committee renews its request for the submission of the criminal convictions handed down. The Government reiterates in this regard that: (i) that the criminal proceedings brought against these individuals were in response to socially dangerous activities constituting offences provided for and sanctioned under the Cuban Criminal Code in force; (ii) in no case were they politically motivated or connected to trade union activities or the exercise of the right to organize; (iii) the Cuban legal system protects and respects the criminal procedural guarantees that inform due process; and (iv) it is not appropriate to send copies of the rulings, as they include personal information of interest which concerns not only the defendants, but also the victims and witnesses, and which the Government is obliged to protect under section 38 of the Cuban Civil Code in force (with regard to the violation of rights inherent to personality).
4. 341. Regarding recommendation (c) (investigations into the allegations of acts of aggression and restrictions on public freedoms), the Government generally reiterates that those who report acts of aggression and restrictions on public freedoms do not have employment relationships and are not trade unionists, and even less so trade union officials; and that the nature of the offences committed by those who have been prosecuted does not fall within the ambit of the ILO, and is not related to the defence of workers’ interests or the exercise of trade union freedoms. Concerning the individual cases mentioned by the complainant organization, the Government repeats the same information previously provided, stating that:
   • Mr Osvaldo Arcis Hernández was arrested, prosecuted and tried for acts that disturbed the peace of foreign nationals between 2015 and 2017 and was declared “unfit for work” by the Expert Occupational Medical Examination Commission owing to his schizophrenia.
   • Mr Pavel Herrera Hernández was dismissed for a workplace disciplinary infraction and was the subject of criminal prosecution for the crime of theft. It is untrue that he was the subject of an anti-union dismissal.
   • Mr Dannery Gómez Galeto, Mr William Esmérido Cruz Delgado, Mr Roque Iván Martínez Beldarrain, Mr Yuvisley Roque Rajadel and Mr Yakdislania Hurtado Bicet were arrested and taken to the National Revolutionary Police station in the Colón municipality: (i) they were charged with subversive propaganda under current criminal legislation; (ii) the money confiscated was returned in full, and it is untrue that the individuals were threatened; (iii) Mr William Esmérido Cruz Delgado, Mr Roque Iván Martínez Beldarrain and Mr Yuvisley Roque Rajadel received official warnings; (iv) Mr William Esmérido Cruz Delgado was fined for violating the provisions of Legislative Decree No. 141/88 and for failing to carry his personal identification, and (v) alleged trade unionists, Mr Yuvisley Roque Rajadel and Mr Dannery Gómez Galeto, currently live abroad, and were unemployed during their stay in Cuba.
   • Mr Roque Iván Martínez Beldarrain has been prosecuted for the crimes of theft (2005), causing injury (2007, 2008 and 2009), speculation and hoarding (2013), making threats (2015) and handling stolen goods (2018).
   • With regard to Mr William Esmérido Cruz Delgado: (i) between 2004 and 2018, he was convicted of the crimes of causing injury, making threats, contempt and public disorder; (ii) between 1998 and 2019, he received official warnings on six occasions for his continued antisocial behaviour; (iii) between 1990 and 2013, he received eight sanctions for various criminal acts that posed a low risk to society; between 2015 and 2018, he received two fines for violations of Legislative Decree No. 315 of 2013 on individual violations of the regulations governing self-employment; (iv) in October 2019, he was sentenced to one year’s imprisonment for two acts of contempt; and (v) between 2015 and 2021, he was reported on four occasions for less serious injury, contempt and public disorder, and was taken on nine occasions to the National Revolutionary Police station for engaging in the illicit sale of goods and currency.
   • Mr Emilio Alberto Gottardi was not arrested, threatened or harassed; he was simply summoned to the Zanja police station in Havana with the aim of analysing the “false reports” of alleged trade union violations that he had made during the ILO Centenary celebrations.
   • It is untrue that Mr Daniel Perea García was a victim of harassment, arbitrary arrest and threats: (i) in February 2019, he received an official warning regarding his duty to refrain from destabilizing, dissident and disconcerting activity; and (ii) in August 2019, he was charged with handling stolen goods (reports Nos 11329/19 and 11349/19).
   • It is untrue that the freedom of movement around the country of Mr Emilio Alberto Gottardi, Mr Raúl Zerguera Borrell, Mr Lázaro Ricardo Pérez and Ms Aimée de las Mercedes Cabrera Álvarez has been restricted; Mr Raúl Zerguera Borrell works as a private carrier and makes unlimited journeys around the national territory. He has been convicted on several occasions of crimes including damage and disturbing public order; Mr Lázaro Ricardo Pérez travelled to the United States of America on 30 January 2019; and Ms Aimée de las Mercedes Cabrera Álvarez does not have an employment relationship.
   • Mr Bárbaro Tejeda Sánchez, Mr Felipe Carrera Hernández, Mr Pedro Scull, Mr Reinaldo Cosano Alén, Ms Ariadna Mena Rubio and Ms Hilda Aylin López Salazar do not have employment relationships; Mr Bárbaro Tejeda Sánchez has been prosecuted on 12 occasions for the crimes of theft, leaving the national territory illegally, public disorder, making threats, speculation, hoarding, and handling stolen goods; Mr Pedro Scull and Mr Felipe Carrera Hernández were involved in subversive activities in the national territory for economic gain; Ms Ariadna Mena Rubio left the organization that calls itself ASIC and no longer has any link to it; and Ms Hilda Aylin López Salazar has lived outside the country since 2017.
5. 342. With regard to recommendation (d) (alleged restrictions imposed on ASIC members on travelling outside the country to participate in international activities in connection with their trade union work), the Government reiterates that: (i) it defends and guarantees the right of all persons to leave the country and to return; (ii) the claims that the Cuban police authorities prohibit travel abroad for participation in international activities connected to trade union work are untrue; and (iii) the Migration Act (Act No. 1312 of 1976, amended by Legislative Decree No. 302 of 2012) clearly and concisely establishes the grounds on which the authorities may restrict the right to leave the country, and this power is exercised by the relevant authorities in a non-arbitrary manner and respecting the legal guarantees set out.
6. 343. With reference to recommendation (e) (alleged restrictions on the freedom of movement of ASIC officials to carry out their trade union activities without Government interference), the Government once again disagrees with the alleged restrictions on the freedom of movement of officials and members of the organization that calls itself ASIC in the national territory; and the alleged ban on travel through some parts of the country with the aim of carrying out “trade union activities”. In this regard, the Government reiterates that: (i) article 52 of the Constitution provides for the right to free movement and, therefore, the freedom of individuals to enter, remain in, travel through and leave the national territory without any restrictions beyond those set out in law is recognized; (ii) Cuban legislation fully guarantees, protects and recognizes the exercise and enjoyment of labour and trade union rights, and does not limit the exercise and enjoyment of these rights, unless the practise thereof violates legal provisions; and (iii) in accordance with national legislation, individuals who are defendants in criminal proceedings or respondents in civil proceedings, and those who are serving a criminal sentence or who have been granted licencia extrapenal, suspended sentences or parole, are restricted in their freedom of movement, including within the national territory.
7. 344. Concerning recommendation (f) (request for a copy of the outcome of the investigations carried out in relation to the alleged anti-union dismissals of Mr Kelvin Vega Rizo and Mr Pavel Herrera Hernández), the Government reiterates that: (i) officials from the Ministry of Labour and Social Security, together with officials from the Municipal Directorates of Labour and Social Security, visited the respective entities, where they found that the disciplinary measures imposed were in response to labour discipline violations; (ii) for there to have been an anti-union dismissal, the individuals would have had to be exercising trade union activities, which was not the case, as they are not trade unionists; and (iii) it was found that Mr Kevin Vega and Mr Pavel Herrera Hernández did not file any complaint with the Lower Labour Justice Body.
8. 345. Regarding recommendation (g) (full guarantee of adequate protection for ASIC officials against any acts of interference in their trade union activities), the Government states that it will continue to respect the free exercise of trade union rights and activities, and reaffirms its commitment to the effective promotion and protection of the labour rights and trade union freedoms of all its workers.
9. 346. With regard to the new allegations made by the complainant organization, the Government states the following:
   • Concerning the allegation of police harassment and persecution against Mr Iván Hernández Carrillo on 12 May 2021, the Government states that it is untrue that the life and freedom of Mr Hernández Carrillo are under threat from law enforcement officials, or that Mr Hernández Carrillo was subjected to: measures involving detention or restricted movement; police action at his home; harassment, surveillance or persecution by police, or administrative or criminal penalties during the pandemic. Contrary to what is alleged, the Government states that the citizen adopted self-protective behaviour to avoid contagion. The Government highlights that this individual, who is pretending to be a trade unionist, has no employment relationship and has an extensive criminal record, and that he was convicted in 2003 for acts against the independence and territorial integrity of the State, following a fair trial, and was granted parole (licencia extrapenal) from March 2011 (thereby serving the remainder of his sentence in freedom, although, since then, he has been prosecuted on several occasions and the corresponding contraventions provided for in the Criminal Code have been applied). The Government states that the allegations concerning an apparent increase in continued serious violations by the police forces against alleged activists from the organization that calls itself ASIC, are also untrue, and that it is unfounded and absurd to accuse the Government of sending anonymous messages by text and on social media, in which Mr Hernández Carrillo was allegedly threatened.
   • Concerning the allegations of violations of the public freedoms and trade union rights of Mr Ramón Zamora Rodríguez, the Government states that: (i) the allegation that he was kidnapped from his home on 1 July 2021 is false; (ii) there is no official record of any action having been taken by police authorities against this citizen on the above-mentioned date; (iii) it is also false that he was subjected to manipulation, death threats and psychological pressure for having exercised his freedom of expression on social media; (iv) Mr Zamora Rodríguez was arrested on 25 July for the offence of public disorder provided for by and punished under section 200 of the Criminal Code, and was then transferred to the police unit where he was detained for 72 hours; and (v) on 28 July, he received an official warning from the competent police authority and was later released.
   • The Government states that it is also untrue that Ms Consuelo Rodríguez Hernández was a victim of harassment, intimidation, threats, persecution and repression by police authorities. Citizens Ms Consuelo Rodríguez and Ms Ketya Capote Gracias participated in meetings that violated the sanitary and epidemiological measures currently in force to address and control the COVID-19 pandemic. As a result, they were summoned by the head of sector of the National Revolutionary Police and were given an official warning by the criminal investigator, with no other charges brought against them. During the proceedings, Ms Rodríguez Hernández refused to sign the record and Ms Capote Gracias recognized the measure applied and expressed regret. It is also false that these individuals were the subject of any police action. There is no indication in the files and records of our authorities that any such measures were applied to them.
   • As regards the allegation that the authorities are blocking the access to virtual platforms of individuals who claim to be “trade union leaders” to prevent them from participating in international trade union training meetings and events, the Government states that: (i) this allegation is false and that making unfounded accusations against the Government of cyber espionage directed at alleged trade unionists is, to say the least, inconsistent and absurd; and (ii) restrictions on access to the Internet and information technology are due to the economic, trade and financial blockade imposed on the country, as a result of which a large number of free websites and services, including Zoom, are totally or partially blocked for Cuba, which makes it difficult for the country to participate in events online. It states that cyberspace is utilized to attempt to subvert the political system of the country, as has been recognized by Special Rapporteurs of the Human Rights Council (the Government sends examples of technological services referred to above, which include Cuba on the list of restricted countries).
   • Regarding the alleged harassment of Mr Alejandro Sánchez Zaldívar, the Government states that: (i) it is untrue that he was the subject of intimidations during the press conference of 13 July 2021, in which the destabilization campaign waged against Cuba through the use of lies and data manipulation was denounced in front of the national and international press; (ii) the Twitter account of the citizen concerned (Mr Alejandro Sánchez Zaldívar) is active and it is possible to see the degrading and hateful messages that he shares, and the fake news that he spreads, which demonstrates that there are no limitations of resources for the use of his account; and (iii) it rejects the accusations of repression in Cuba that allegedly create an insecure and dangerous situation for Mr Sánchez Zaldívar and his relatives.
   • The Government also rejects the allegations made by the complainants, in which they report acts of repression, persecution, harassment, victimization, illegal raids on homes, excessive use of force against protesters by police and military officers, and targeted arrests of the indicated persons for their participation in the unrest of July 2021. The Government reiterates that these individuals are not trade union leaders, do not have recognized employment relationships and display reprehensible social behaviour, and that some of these individuals have received criminal convictions for common offences. The Government indicates in particular that: (i) Ms Anairis Dania Mezerene Sánchez and Mr Jefferson Ismael Polo Mezerene were arrested and transferred to the Criminal Investigation Body in Holguín on 11 July 2021 and received a charge of public disorder, on the grounds of which they were issued a fine of 3,000 Cuban pesos (approximately US$125); (ii) Mr Ramón Zamora Rodríguez was arrested and transferred to the Criminal Investigation Body in Holguín on 25 July 2021 and was charged with the offence of public disorder; it is false that he was arrested and threatened by law enforcement officers; and there is no record that he was subject to any measures by police authorities; (iii) Mr Yisan Zamora Ricardo is not connected to the work of ASIC; he was arrested and transferred to the Criminal Investigation Body in Holguín on 25 July, with a charge of public disorder; it is untrue that he was dismissed from his workplace for being associated with political motivations, and that he did not have access to recruitment forums due to the activities of security bodies; and (iv) all the allegations relating to the humiliating treatment of Ms Mailín Ricardo Góngora, Mr Lisán Zamora Ricardo and Mr Ulises Rafael Hernández López are false; they were not linked to ASIC, were not detained, and no measures were applied to them, despite their involvement in the events of 11 July.
   • Regarding the allegations of repression of ASIC activists the day before, during and after the demonstration organized by civil society groups on 15 November 2021 (contained in the communication from ASIC on 24 November 2021), the Government: (i) states that these are crude fabrications that seek to discredit the actual situation in Cuba in terms of the promotion and protection of human rights, and to manipulate the ILO supervisory bodies for political purposes, and underscores that it is becoming increasingly difficult to reply to the Committee regarding events that have not even taken place, and states that the Committee should request the complainants to demonstrate the veracity of the information that they provide; (ii) reiterates that these individuals are not trade union leaders, do not have employment relationships and display reproachable social behaviour, and that some have received criminal convictions for committing common offences; (iii) indicates that, of the above-mentioned persons, police and court records show only that Mr Humberto José Bello Lafita was arrested on 11 November 2021, with the charge of spreading an epidemic and failing to comply with penalties, and received a one-year prison sentence, which is to be served at the correctional facility No. 1580; and (iv) states that there is no evidence that the other individuals referred to above were the subject of any police action on the days prior to 15 November 2021, that it is untrue that police authorities visited the homes of the individuals on the indicated dates and that arbitrary detentions or arrests were carried out against these persons.
   • Regarding the additional allegations of harassment to Mr Zamora, his home and family in November 2021 (contained in the complainant's communication of 20 December 2021), the Government asserts that these are false and indicates: (i) that Mr Zamora is not a union leader nor is he known to have any labour ties; (ii) that neither he, nor his son, nor his wife have been victims of threats, detentions, harassment, persecution or harassment; (iii) that this citizen is a repeat offender of false accusations against the Cuban authorities; and (iv) that it is increasingly difficult for the Government to be able to respond to the Committee on facts that have not even occurred, and the complainants should be asked to demonstrate the veracity of the information they transmit to the Committee.

D. The Committee’s conclusions

1. 347. The Committee recalls that this complaint concerns several allegations of acts of aggression, harassment, persecution, arrests, assault, and restrictions on the free movement of trade union officials and members while carrying out their functions by State security forces. The complainant organization also denounces its non-recognition by the Government.
2. 348. The Committee notes that, once again, the Government objects to the Committee’s examination of the present case. In this regard, the Committee once again recalls that, within the terms of its mandate, it is empowered to examine the extent to which the exercise of trade union rights may be affected in cases of allegations of the infringement of public freedoms. The Committee also recalls that it is not competent to consider purely political allegations; it can, however, consider measures of a political character taken by governments in so far as these may affect the exercise of trade union rights. Furthermore, the Committee considers that Organizations responsible for defending workers socio-economic and occupational interests should be able to use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members and on workers in general, in particular as regards employment, social protection and standards of living. While purely political strikes do not fall within the scope of the principles of freedom of association, trade unions should be able to have recourse to protest strikes, in particular where aimed at criticizing a government’s economic and social policies [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, paras 22, 24, 759 and 763].
3. 349. Regarding the recognition of ASIC, and its free operation and exercise of trade union activities (recommendation (a)), the Committee notes that the Government reiterates that: (i) ASIC cannot be considered as a trade union organization and that its purpose falls outside the scope of workers’ rights; (ii) that its “officials and members” display questionable social and criminal behaviour, and serve illegitimate interests which are publicly financed and orchestrated from abroad, and which seek to subvert the legal order; and (iii) these individuals present themselves as trade union activists and critics of the Government in exchange for money to denounce human rights violations of workers that do not exist.
4. 350. In this regard, the Committee firstly recalls that, for several decades, it has been examining allegations of non-recognition and interference by the Government in the free operation of trade union organizations not affiliated to the Confederation of Workers of Cuba [see Cases Nos 1198, 1628, 1805, 1961 and 2258 of the Committee on Freedom of Association]. The Committee also recalls that the right to official recognition through legal registration is an essential facet of the right to organize since this is the first step that workers’ or employers’ organizations must take in order to be able to function efficiently, and represent their members adequately; and a long registration procedure constitutes a serious obstacle to the establishment of organizations and amounts to a denial of the right of workers to establish organizations without previous authorization. It further recalls that freedom of association implies the right of workers and employers to elect their representatives in full freedom and to organize their administration and activities without any interference by the public authorities [see Compilation, paras 449, 463 and 666]. Considering that, according to the information provided by the complainant organization, some trade union members and officials mentioned in the complaint were self-employed workers, and that others had been dismissed for anti-union reasons, the Committee secondly recalls that that the criterion for determining the persons covered by the right to organize is not based on the existence of an employment relationship. Workers who do not have employment contracts should have the right to form the organizations of their choosing if they so wish [see Compilation, para. 330]. The Committee reiterates that in its initial examination of this case, it noted that ASIC, in its founding declaration of principles, advocates trade union autonomy in the framework of the rule of law, aims to promote full compliance with ILO international labour standards and proclaims that it will not compromise or associate itself with party-political activities. In its union constitution, ASIC states that its central objectives include grouping together independent trade unions and reporting violations of international labour standards. Moreover, ASIC members’ duties as set out in the union constitution include defending workers’ claims and benefits. It is in this context that the Committee observes that the elements of ASIC’s declaration of principles and union constitution fall within the scope of action and definition of a workers’ organization. The Committee can only regret that there has been no progress since its last examination of this case and therefore once again refers to its previous conclusions and, once again, strongly urges the Government to ensure that ASIC is given recognition, and that it can freely operate and carry out its trade union activities.
5. 351. Regarding the alleged violations and restrictions of civil liberties, the Committee recalls that, in its previous examinations of the case, the complainant organization had reported, inter alia, arbitrary arrests, harassment and acts of aggression, raids and prosecutions [see 391st Report of the Committee, paras 197-199; and 393rd Report, paras 318–354]. In this regard, the Committee has been requesting the Government to investigate these allegations. The Committee observes with concern that, in its further allegations, the complainants report new violations of civil liberties, including arbitrary arrests, assault, threats and harassment, as well as persecution and, in one case, a criminal conviction, by the public authorities, against the following trade union officials and members: Ms Anairis Dania Mezerene Sánchez, Ms Consuelo Rodríguez Hernández and Ms Mailín Ricardo Góngora; and Mr Iván Hernández Carrillo, Mr Alejandro Sánchez Zaldívar, Mr Jefferson Ismael Polo Mezerene, Mr Ramón Zamora Rodríguez, Mr Yisan Zamora Ricardo, Mr Lisan Zamora Ricardo, Mr Humberto Bello Lafita and Mr Ulises Rafael Hernández López. The Committee recalls that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected. The Committee further recalls that the detention of trade unionists for reasons connected with their activities in defence of the interests of workers constitutes a serious interference with civil liberties in general and with trade union rights in particular [see Compilation, paras 84 and 123].
6. 352. As regards its recommendation (b), the Committee deeply regrets that the Government once again refuses to send copies of the court rulings requested. In this regard, the Committee must emphasize that the right to a fair and public hearing implies the right for the ruling or decision to be made public and that the publicizing of decisions is an important safeguard in the interest of the individual and of society at large. The Committee also hopes that the Government will understand that, given the contradictory information received from the parties, and the fact that it has been denied access to the relevant court rulings, it cannot abandon its examination of the allegations concerned. The Committee recalls in this regard, that, on numerous occasions where the complainants alleged that trade union officials or workers had been arrested for trade union activities, and the governments’ replies amounted to general denials of the allegation or were simply to the effect that the arrests were made for subversive activities, for reasons of internal security or for common law crimes, the Committee has always followed the rule that the governments concerned should be requested to submit further and as precise information as possible concerning the arrests, particularly in connection with the legal or judicial proceedings instituted as a result thereof, and the outcome of such proceedings, in order to be able to make a proper examination of the allegations [see Compilation, paras 178 and 179].
7. 353. Furthermore, the Committee expresses its deep concern about the serious allegations of the arrest and one-year prison sentence following a summary trial, of trade unionist, Mr Humberto Bello Lafita, at the end of 2021. The Committee notes the Government’s indication that Mr Bello Lafita was charged with spreading an epidemic and failing to comply with penalties, and received a one-year prison service, which he is serving at a correctional facility. It requests the Government to provide it with a copy of the conviction and to ensure that no workers are arrested for their trade union activity.
8. 354. Regarding recommendation (c) (request for an investigation into all allegations of acts of aggression and restrictions on public freedoms reported by the complainant organization), the Committee notes that the Government reiterates previously submitted statements, according to which Mr Osvaldo Arcis Hernández, Mr Bárbaro Tejeda Sánchez, Mr Pavel Herrera Hernández, Mr Emilio Gottardi, Mr Raúl Zerguera Borrell, Mr Reinaldo Cosano Alén, Mr Felipe Carrera Hernández, Mr Pedro Scull, Mr Lázaro Ricardo Pérez, Mr Hiosvani Pupo, Mr Daniel Perea García, Mr Dannery Gómez Galeto, Mr William Esmérido Cruz, Mr Roque Iván Martínez Beldarrain, Mr Yuvisley Roque Rajadel, Mr Yakdislania Hurtado Bicet, Ms Aimée de las Mercedes Cabrera Álvarez, Ms Ariadna Mena Rubio and Ms Hilda Aylin López Salazar are not truly trade unionists and were not tried or convicted for activities relating to the exercise of trade union freedoms.
9. 355. The Committee also observes that the above-mentioned further allegations made by the complainant organization warn of continuing violations of the public freedoms of trade unionists, and that, in this regard, the Government once again rejects the allegations of repression, persecution, harassment, victimization, illegal raids on homes and targeted arrests, indicating that these individuals are not trade union leaders and that, in some cases, these citizens were arrested for common offences, and accusing ASIC and its officials of serving foreign interests to bring about a regime change. The Committee also observes that it has yet to receive information on ASIC’s allegations contained in its communication dated 6 December 2021. The Committee requests the Government to provide its observations in this regard.
10. 356. While it notes the continuing discrepancies between the allegations made and the complete denial of these allegations by the Government, the Committee once again recalls that, while persons engaged in trade union activities or holding trade union office cannot claim immunity in respect of the ordinary criminal law, trade union activities should not in themselves be used by the public authorities as a pretext for the arbitrary arrest or detention of trade unionists. The apprehension and systematic or arbitrary interrogation by the police of trade union leaders and unionists involves a danger of abuse and could constitute a serious attack on trade union rights [see Compilation, paras 132 and 128]. The Committee also recalls that all appropriate measures should be taken to guarantee that, irrespective of trade union affiliation, trade union rights can be exercised in normal conditions with respect for basic human rights and in a climate free of violence, pressure, fear and threats of any kind [see Compilation, para. 73].
11. 357. In light of the above, the Committee deplores that the Government has not taken the necessary measures, beyond the information that it provides, for the investigation of all the allegations of acts of aggression and restrictions on public freedoms regarding the aforementioned individuals, including the new allegations made by the complainant organization since the last examination of the case. The Committee once again strongly urges the Government to carry out the investigation in question, and requests it to provide further detailed information regarding each of the above-mentioned individuals and on the outcome (with copies of decisions or rulings) of any administrative or judicial proceedings instituted in relation to the above-mentioned allegations.
12. 358. Regarding recommendation (d) (alleged restrictions imposed on ASIC members on travelling outside the country to participate in international activities in connection with their trade union work), the Committee observes that the Government once again denies the existence of restrictions and repeats what it had already indicated to the Committee. The Committee also notes that, in its most recent allegations, the complainant organization reports cyber sabotage carried out by the public authorities to prevent ASIC trade unionists from participating in international online events with other trade union organizations. The Committee observes in this regard that the Government also considers that these are false allegations and unfounded accusations, and that the restrictions on access to the Internet and information technology are due to the blockade imposed on the country. The Committee also notes that the complainant organization alleges that the reported restrictions cannot be considered as limitations on access that apply to all persons in the country, and emphasizes that such limitations were targeted at specific events and individuals, and that in other cases, there were no problems in accessing these Internet communication services.
13. 359. While the Committee reiterates that trade unionists, just like all persons, should enjoy freedom of movement and that, in particular, they should enjoy the right, subject to national legislation, which should not be such so as to violate freedom of association principles, to participate in trade union activities abroad [see Compilation, para. 190], it reminds the Government that the right of ASIC officials and members to organize and freely exercise their trade union activities, including when these activities are conducted outside the country or when they involve participation in international online forums.
14. 360. Concerning recommendation (e) (alleged restrictions on the right to the freedom of movement of ASIC officials and members in Cuban territory), the Committee notes that the Government once again disagrees with the allegations of restrictions on the right to free movement. While noting the diverging versions of events of the Government and the complainant organization, the Committee observes that the complainant organization reports new restrictions on the exercise of freedom of association in this regard (for example, allegations of threats and orders for some trade unionists not to leave their homes in the context of a demonstration organized by civil society groups on 15 November 2021). In this regard, the Committee must recall that the right to demonstrate peacefully in order to defend the occupational interests of workers is a fundamental aspect of trade union rights. The Committee therefore firmly urges the Government to fully ensure that ASIC officials have the freedom of movement in the national territory to carry out their trade union activities, including participation in demonstrations to defend the interests of their members, without Government interference.
15. 361. As regards the anti-union dismissals of Mr Kelvin Vega Rizo and Mr Pavel Herrera Hernández, the Committee notes that the Government reiterates the information previously provided, stating that the competent authorities found that the disciplinary measures imposed were in response to serious labour discipline violations; and that the persons concerned did not file any complaint with the Lower Labour Justice Body. The Committee deeply regrets that the Government did not comply with its request to send a copy of the outcome of the investigations carried out by the authorities. The Committee reiterates its request in this respect.
16. 362. The Committee further notes that the Government’s observations do not respond to the allegations of the anti-union dismissals of two ASIC members, contained in the communication of 7 April 2021 from the complainant organization. The Committee urges the Government to investigate these allegations and to provide its observations in this respect.
17. * * *
18. 363. In light of the above, the Committee notes that, despite the conclusions and recommendations adopted after having examined the complaint on multiple occasions, the Government, while reiterating its willingness to cooperate with the ILO supervisory bodies, continues to consider that this case is completely outside of the Committee’s mandate, and once again focuses on stating that the allegations are false and purely politically motivated, and do not concern the exercise of freedom of association. The Committee notes with deep regret the consequent lack of progress. Given the lack of information in some instances and the lack of progress in others, the Committee invites the Government to accept a direct contacts mission to gather further information, facilitate dialogue between the parties and encourage the application of its recommendations, which are reproduced below.

The Committee’s recommendations

1. 364. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee once again firmly urges the Government to ensure that the Independent Trade Union Association of Cuba (ASIC) is given recognition and that it can freely operate and carry out its trade union activities.
   • (b) The Committee once again strongly urges the Government to ensure that an investigation is made into all the allegations of acts of aggression and restrictions on public freedoms raised with respect to Mr Iván Hernández Carrillo, Mr Osvaldo Arcis Hernández, Mr Bárbaro Tejeda Sánchez, Mr Pavel Herrera Hernández, Mr Emilio Gottardi Gottardi, Mr Raúl Zerguera Borrell, Mr Reinaldo Cosano Alén, Mr Felipe Carrera Hernández, Mr Pedro Scull, Mr Lázaro Ricardo Pérez, Mr Hiosvani Pupo, Mr Daniel Perea García, Mr Dannery Gómez Galeto, Mr William Esmérido Cruz, Mr Roque Mr Iván Martínez Beldarrain, Mr Yuvisley Roque Rajadel, Mr Yakdislania Hurtado Bicet, Mr Alejandro Sánchez Zaldívar, Mr Jefferson Ismael Polo Mezerene, Mr Ramón Zamora Rodríguez, Mr Yisan Zamora Ricardo, Mr Lisan Zamora Ricardo, Mr Ulises Rafael Hernández López, Mr Daniel Perea García, Mr Humberto Bello Lafita, Ms Aimée de las Mercedes Cabrera Álvarez, Ms Ariadna Mena Rubio, Ms Hilda Aylin López Salazar, Ms Anairis Dania Mezerene Sánchez, Ms Consuelo Rodríguez Hernández and Ms Mailín Ricardo Góngora; and to provide the Committee with further detailed information on the outcome (copies of decisions or rulings) of any administrative or judicial proceedings instituted in relation to the above-mentioned allegations, and to include a copy of the conviction against Mr Humberto Bello Lafita. The Committee requests the Government to ensure that no workers are arrested for their trade union activities.
   • (c) The Committee also requests the Government to send its observations on the allegations by ASIC, contained in its communication dated 6 December 2021, and ensure that an investigation is conducted into the allegations of acts of aggression and restrictions on public freedoms made in the above-mentioned communications.
   • (d) Regarding the alleged restrictions on the capacity of ASIC members to participate in international activities related to their trade union work, the Committee reminds the Government that it must not restrict the right of ASIC officials and members to organize and freely exercise their trade union activities, including when these activities are conducted outside the country, or when they involve participation in international online forums.
   • (e) The Committee firmly urges the Government to fully ensure that ASIC officials have the freedom of movement in the national territory to carry out their trade union activities without Government interference.
   • (f) With regard to the alleged anti-union dismissals, the Committee requests the Government to send a copy of the outcome of the investigations into the dismissals of Mr Kelvin Vega Rizo and Mr Pavel Herrera. The Committee also urges the Government to investigate and send its observations on the new allegations of the anti-union dismissals of Mr Ismael Valentín Castro and Ms Dania Noriega, contained in the communication from ASIC dated 7 April 2021.
   • (g) Given the lack of information in some instances and the lack of progress in others, the Committee invites the Government to accept a direct contacts mission to gather further information, facilitate dialogue between the parties and encourage the application of its recommendations.