Informe provisional - Informe núm. 27, 1958

Caso núm. 159 (Cuba) - Fecha de presentación de la queja:: 20-DIC-56 - Cerrado

A. A. The complainants' allegations

• Complaint of the Confederation of Workers of Latin America
  335. 335 In a letter dated 20 December 1956 addressed to the United Nations the Confederation of Workers of Latin America (C.T.A.L.) alleges that the Government has taken control of the trade union movement, imposing undemocratic tendencies upon it by decree and appointing its officers. It is alleged in particular that Decree No. 1159 empowers Mr. Eusebio Mujal, Secretary-General of the Cuban Workers' Confederation, to control the entire electoral apparatus ; that this amounts in practice to taking over all the trade union organisations of the country ; that as a result it is no longer the workers who determine their leaders in a democratic way-instead the decisions are taken at a high government level; that Mr. Mujal has absolute control over the trade union movement as chairman of a " supercommittee " with unlimited, undemocratic power, which controls participation by the workers in trade union elections and arbitrarily distributes " stamps for paid-up members " ; and that this action is directed particularly against the National Federation of Sugar Workers.
  336. 336 In order to maintain control over the trade union movement by violence, the allegation continues, gunmen are used whose job is to intimidate the workers and to prevent free expression of opinion and participation in trade union elections. The complainant states that the methods used at the Ninth Congress of the Cuban Workers' Confederation (of which Mr. Mujal was President) demonstrate the lack of trade union democracy; that during this Congress police forces were used and the Workers' Centre was surrounded by such forces; and that the stewards of the Congress are said to have been reinforced by agents of Military Intelligence. Further, in June 1956 Mr. Abelardo Iglesias, Secretary-General of the Construction Workers' Union of Havana, was brutally attacked in the Workers' Centre itself and had to be taken to hospital as a result ; this, the complainant urges, is an example of the gangster methods used against workers who follow a policy consonant with the workers' interests.
  337. 337 The complainant further states as follows : that the Government has eliminated or reduced important advantages previously gained by the working class ; that in many undertakings the employers have been able, with government support, to reduce wages despite the rise in the cost of living ; that the Government and the employers have broken the " wage freeze " ; that for many years there has been an Act under which sugar workers' wages rise and fall with the price of sugar on the world market ; that by brutal means the Government has unfrozen wages, applying successive reductions ; that, for instance, the sugar harvest workers suffered a cut of 7.3 per cent in their wages in 1955, after their resistance had been overcome by terror ; that the Government has exerted constant pressure on the trade union movement to oblige the workers to accept the export of sugar in bulk, which would involve the unemployment of thousands of dockers and sugar workers ; that the so-called Truslow Plan would mean the repeal of the Act restricting dismissals, so that these would be authorised on payment of previous compensation ; that the employers are calling for the elimination of " mechanisation pay ", i.e. the amounts paid to the workers as compensation for the smaller number of days worked owing to the introduction of modern machinery in the sugar industry.
  338. 338 Lastly, the complainant alleges that the Government of Cuba has committed grave breaches of human rights and that this situation has become worse during the recent events ; that printing works have been destroyed, newspapers suppressed and the existence of independent parties prohibited ; that the police respect neither the homes nor the lives of Cubans who do not accept this situation ; that academic independence has also been violated, student manifestations broken up by bullets, and professors and teachers dismissed their posts. Having regard to these violations of the Universal Declaration of Human Rights, which has been signed by the Government of Cuba, the C.T.A.L requests the United Nations to appoint a committee to investigate the Cuban situation and asks that the Cuban Government be called upon to implement in practice the principles to which it has subscribed.
• Complaint by the World Federation of Trade Unions
  339. 339 In a letter dated 7 March 1957 the World Federation of Trade Unions alleges that on 25 and 26 December 1956 flagrant violations of trade union rights were committed ; that several officers of the Workers' Rights Committee, as well as members of trade unions, were arrested on the night of 25-26 December; that these arrests were made without order, nor was any charge made against the persons arrested ; that despite the Government's statements none of the arrested trade unionists had taken part in the armed rebellion which broke out at that time ; that on 26 December the bodies of 22 of the arrested persons were discovered, 20 having been shot and two hanged ; that the victims included the following : Loynaz Hecheverria Cordovés, President of the Campaign Committee of the Marcano Sugar Plant; Alejo Tomás López and Héctor Infante, workers' leaders at the Delicias Plant ; Armando Guzmán and Enrique Morgan, of the Preston Plant ; Antonio Valencia Consuegro, of the Manati Plant ; Luis Sera, leader of the agricultural workers at Puerto Padre ; Antonio Concepción Paradio, workers' leader at Puerto Padre ; Jesús Feliú Meyva, tobacco worker ; Silverio Hernández, sugar worker ; Tilmo Esperanza, painter, etc. The complaint states further that some days afterwards other trade unionists were victims of this repressive action, including Isidro Nora Morejón, Secretary-General of the Union of Workers at the Adelaida Plant. These trade unionists were engaged in helping the sugar plant workers to secure their claim for a 20 per cent wage increase, a 6 per cent increase based on the rise in the world price of sugar, full payment of the amounts due for output in excess of the norm, and genuine respect for trade union rights.
• ANALYSIS OF THE REPLIES
• Letter of 7 May 1957
  340. 340 In this letter, regarding the complaint from the Confederation of Workers of Latin America, the Government maintained as follows : that government action in the trade union movement has always been in response to requests by the Cuban Workers' Confederation and the federations, and has always been in accordance with Legislative Decree No. 2605 of 1933 ; that the allegedly antidemocratic decrees are really anti-Communist, are aimed at securing public order and national safety and are not of an anti-proletarian character ; that the mention of Decree No. 1159 by the complainant must be an error, since Decree No. 1559 of 1956 is certainly intended ; that this decree merely reproduces the text of Decree No. 65 of 1951 regarding the electoral system for sugar workers, which had been accepted by the previous Government, modifying only the term of office of members of trade union committees, the number of members of these committees and other details and do not affect the independence of the trade unions, and have not been the object of protest by the National Federation of Sugar Workers ; that the trade union elections were held up for 45 days because Constitutional safeguards were suspended for that time ; that the present elections are being conducted by secret ballot and not by mere acclamation of sole candidates - the tactic of the Communist party of Cuba ; that the protest of the C.T.A.L may be understood from its political implications, because interference by international communism has been prevented ; that the allegations regarding " stamps for paid-up members " and the " supercommittee of control " were unfounded ; and that the sugar workers did not accept imposition from outsiders, as they had shown by expelling totalitarian elements from their organisations.
  341. 341 The Government recognises that workers' leaders have been attacked and injured or suffered fatal consequences ; acts of violence had for instance been committed against Abelardo Iglesias. However, the Government points out that the complaint does not state who is supposedly responsible for such acts, and that trade union proceedings at a time of political disturbance, insurrection and terrorism must be supervised by the national police and security forces, precisely in order to prevent such acts of violence as are alleged.
  342. 342 It is not true, the Government states, that the cost of living has risen, or that wages have faller and conditions of work grown worse, save in a few small undertakings where, after investigation of their profitability, such measures had been taken to avoid closing down. The Government states further that the export of sugar in bulk has not led to redundancy, since the employers are obliged to keep on the same number of workers as under the system of direct transport of sacks from the warehouse to the ship ; that " dismissal with compensation ", for which admittedly some employers constantly asked, could not be introduced because it was contrary to article 77 of the Constitution-indeed it was no more than a theoretical scheme which had been discarded some time ago ; that the concern of the C.T.A.L for the lot of the sugar workers must have evaporated with the issue of Decrees Nos. 3181, 3412 and 3413, which regulated the present sugar harvest under more favourable conditions ; that the complaint was contradictory when it protested against the system of automatic wage adjustment (rise or fall with the world price of sugar), for such a scheme has to operate not only when the price of sugar rises but also when it falls ; that, nevertheless, despite the protest of estate owners and farmers, the Government had imposed a wage freeze on several occasions in order to prevent wages from falling below a certain level ; that present economic conditions made it possible to grant all the benefits stipulated by legislation, but that it must be remembered these were a body of provisions which became more or less advantageous with the rise or fall in the world price of sugar.
  343. 343 The Government closes by stating that the complaint by the C.T.A.L is only a reflection of the weakening of totalitarian influence in the trade union movement indicated by the entry of the Cuban trade unions into the I.C.F.T.U and the Inter-American Regional Organisation of Workers (O.R.I.T).
• Letter of 6 May 1957
  344. 344 In this letter, referring to the complaint by the World Federation of Trade Unions, the Government states as follows : the allegations do not refer to infringements of trade union rights ; the workers' defence committee has no juridical or trade union existence ; the persons mentioned in the complaint were arrested as a consequence of acts of rebellion or terrorism ; it cannot be affirmed that they were arrested or died because they were Communists or because they were workers ; no one has been shot in recent years ; in the sugar industry there is no need to ask for wage increases, since wages rise automatically with the price of the product ; payment for output in excess of the norm was regulated by Decree No. 34 for the 1956 harvest and by Decree No. 3181 for that of 1957 ; Decrees Nos. 3412 and 3413 of 1957 bring together all the regulations applicable to the sugar industry. The Government points out that the complaint does not indicate which trade union rights were disregarded ; that individual safeguards were suspended only for 45 days for reasons of public order and in accordance with the Constitutional procedure ; and that the complaint by the W.F.T.U is untrue, although the workers mentioned did indeed lose their lives.
• Decision Taken by the Committee at, Its 17th Session (May 1957)
  345. 345 At its 17th Session (Geneva, May 1957) the Committee proceeded to a preliminary examination of the case and, as stated in paragraph 7 of its 26th Report, it requested the Governing Body to inform the Government of Cuba that, " having regard to the extreme seriousness of certain of the matters alleged," it would wish to have further information, as a matter of urgency, on a number of points before making recommendations to the Governing Body. The Director-General addressed such a request to the Government of Cuba on 6 June 1957. The Government replied in the letter which is analysed below.
• Letter of 20 August 1957
  346. 346 As regards the attack on Mr. Abelardo Iglesias the Government states as follows : according to the investigation which has been made the attack appears to have originated in an internal dispute in the building trades ; the police intervened, and the courts opened an investigation but it was not possible to identify the worker who had made the attack. Mr. Iglesias is now active as Secretary-General of the Construction Workers' Union of Havana.
  347. 347 In reply to the allegations regarding the Workers' Rights Committee the Government states that this body is not organised on a trade union basis and is a mere tool of Communist propaganda ; that its members were arrested as Communist agitators, the activity of this party and any anti-democratic activity being prohibited in Cuba ; that they were, nevertheless, subsequently released ; and that none have obtained the votes required to be trade union officers.
  348. 348 As regards the circumstances surrounding the deaths of the persons mentioned in the complaint of the World Federation of Trade Unions the Government states as follows : it is difficult to give details, since these persons met their deaths in the revolutionary events which began in November 1956 ; in all the cases the procedure is the same -a case is opened, an investigation is made, and the courts then decide whether to prosecute or to close the case ; the Judicial Power has been asked to provide information on the proceedings which followed the deaths of the persons named by the complainant organisation ; the name of Mr. Isidro Nora, however, must be expunged from the list submitted by the W.F.T.U, as he is alive and engaged in trade union work.
  349. 349 Finally, the Government states that Decrees Nos. 65 of 1951 and 1559 of 1956 have not been declared unconstitutional by the Court of Constitutional and Social Guarantees, and that Decree No. 65 was issued by the previous Government.

350. Cuba ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) on 25 June 1952 ; it ratified the Right to Organise and Collective Bargaining Convention, 1952 (No. 98) on 20 April 1952. Each of these Conventions came into force in Cuba one year after the respective date of ratification.

1. Allegations regarding Interference with the Trade Unions
2. 351. The C.T.A.L alleges that the trade union movement has been taken over by the Government ; that Decree No. 1159 in particular empowers the present Secretary-General of the Cuban Workers' Confederation to control the whole electoral apparatus ; that the same person, as Chairman of a " supercommittee " can control the participation of workers in trade union elections by arbitrary distribution of " stamps for paid-up members " ; that the National Federation of Sugar Workers has suffered especially from these manoeuvres.
3. 352. The Government, on its side, states that all government intervention in the trade union movement has been in response to requests by the Cuban Workers' Confederation or in accordance with Legislative Decree No. 2605 of 1933 ; that the Decree mentioned by the C.T.A.L must be No. 1559 of 1956, which merely reproduces the electoral system for sugar workers introduced by a previous decree ; that the changes introduced consist in modifying the term of office of members of trade union committees and the number of members of these committees ; that these changes on small points did not give rise to protest by the organisations concerned ; that trade union elections were suspended for 45 days because Constitutional safeguards were then suspended ; that the elections were subsequently carried out by secret ballot. The Government rejects as unfounded the allegations regarding the " stamps for paid-up members " and the establishment of a " supercommittee of control ".
4. 353. The system of elections in trade unions is governed by Decree No. 65, of 20 January 1951, a true copy of which has been transmitted by the Government. Its principal provisions are as follows:
5. Section 1. The following rules for trade union elections, at their various stages, shall come into force for the sugar workers' unions as of the date of issue in the Official Gazette of the Republic.
6. Section 2. As from the coming into force of the present decree the legally constituted organisations of sugar workers, industrial and agricultural, shall hold their statutory elections, in order to choose their officers, every two years on 24 February and shall thereby ensure that every worker affiliated to the said organisations may exercise his right to express his opinion without any kind of coercion.
7. (a) If any workers' organisation should not hold its election on the above-mentioned date, the National Federation of Sugar Workers shall be responsible for convening the electors, appointing the central electoral committee to which reference is made in the present Rules, and specifying in the convocation the date at which the elections will be held.
8. (b) The persons who are now rightfully acting as officers of the sugar workers" unions shall continue to exercise these rights until the prescribed elections have been held on the date specified in these Rules.
9. Section 3. Each organisation of sugar workers shall be directed by an executive committee containing the following posts : a secretary-general and his deputy ; an organising secretary and his deputy ; a finance secretary and his deputy ; a cultural and propaganda secretary and his deputy ; a safety secretary and his deputy ; a records secretary and his deputy ; a correspondence secretary and his deputy ; a welfare secretary and his deputy ; an agricultural secretary and his deputy ; a secretary for youth and sport and his deputy ; a discipline secretary and his deputy ; and a delegate for relations with government agencies and employers' organisations and his deputy. If the general assembly of the union so decides the list of candidates for membership of the executive committee may be extended to provide for the election of not more than nine assistant secretaries. The executive officers shall consist of such secretaries as may be appropriate, together with the delegate for relations with government agencies and employers' organisations.
10. Section 4. Each organisation of sugar workers shall be governed by its executive officers, executive committee, assembly of section and district delegates, section assemblies and general assembly. The executive officers shall meet every Monday, and the executive committee on the first and 15th of each month. The assembly of section and district delegates shall meet every 30 days, and the general assembly every three months ; they shall be convened by the Secretary-General or by decision of the executive officers. The quorum for these meetings shall be as laid down in the Rules of each organisation, and the notice convening the meeting shall be sent, in the case of an assembly, to all the active members of the organisation. An extraordinary meeting shall be held when the Secretary-General, executive officers or executive committee think fit, or when it is so requested in writing by the number of members specified in the Rules of each organisation.
11. Section 5. The elections in the organisations of sugar workers shall take the form of direct vote by each active member of an organisation and it shall be ensured that the executive committees are made up of representatives of the industrial workers, agricultural workers, experts and specialists.
12. Section 6. On the last Sunday in each year there shall be held a special session of the general assembly of each union and it shall proceed to designate the central electoral committee ; it shall then give public notice of the union's official elections, and declare open an electoral campaign period which shall end five days before the date fixed for the elections. The central executive committee thus designated shall be responsible for the settlement of all matters relating to the union's election. If the general assembly does not meet on the above date to designate the central electoral committee as prescribed in the present Rules, action shall be taken as laid down in section 2 (a) above.
13. Section 7. The central electoral committee shall be composed of a chairman, a secretary and five members who shall have the duties allotted to them by the chairman. Furthermore, an electoral delegate may be designated in respect of each list of candidates and such delegates shall be entitled to speak but not to vote at meetings of the committee.
14. Section 8. The central executive committee shall have the following functions, inter alia:
15. (a) to determine the places in which the electoral colleges of the union shall meet ;
16. (b) to receive lists of candidates and to number each one in order of receipt ;
17. (c) to arrange for the printing of the official ballot papers and other material required for the election ;
18. (d) to appoint members of the bureau of each electoral college ;
19. (e) to notify these appointments to the authorised observer on behalf of each list of candidates in each electoral college ;
20. (f) to count the votes emitted in each electoral college after the voting there has been completed ;
21. (g) to designate such electoral inspectors as may be necessary to guarantee the honesty of the electoral proceedings ;
22. (h) to issue certificates of the results of the election to the persons elected and any others who may so request;
23. (i) any other functions which may be necessary to ensure due conduct of the elections.
24. Section 9. Candidatures shall be presented to the central executive committee in the form of complete lists of candidates, which shall clearly indicate all the various offices and the full name of the candidate for each office and shall include the authentic signature of each person so named ; failing the above, the list of candidates shall be annulled, the central executive committee bearing no responsibility. Lists of candidates shall be presented to the said electoral committee not less than ten days before the date specified for the election in the present Rules; lists not presented in due time shall not be included in the official ballot papers. On receiving a list of candidates the central electoral committee shall hand the person concerned a receipt stating the date and time of presentation and shall arrange that an appropriate number is attached to the list on the official ballot papers.
25. Section 10. The ballot papers shall be printed in a form identical with that used at the national political elections. To vote for a complete list of candidates, the voter shall make a cross in the circle appearing above the list ; he shall be entitled to choose between the various lists and between the persons who figure therein as candidates for the various offices.
26. Section 11. In order to have the right to vote a worker must have paid the appropriate annual dues in accordance with the rules of the union, and before voting he shall present his confederal card to the chairman of the bureau of the electoral college so that the secretary of the bureau may note his full name, the place where he works and the number of the card. The ballot paper shall be handed to the voter by the chairman of the bureau so that the voter may privately select the candidates or list of candidates which he prefers ; he then deposits the ballot paper, which must be duly sealed, in the urn ; the indication " voted " is then marked on his official paid-up member's stamp from the National Federation of Sugar Workers.
27. Section 12. To be valid a ballot paper must bear on one of its four corners the official mark which the central electoral committee shall have printed on it and also the signature of the chairman of the bureau. A paid-up member's stamp not marked with the sign of the National Federation of Sugar Workers shall not be used for voting.
28. Section 13. When the central executive committee is designated, the executive committee of the union shall at the same time seal the register of paying members kept by the finance secretary and stamps shall not be issued from that time. The number of members having the right to vote at the elections with the name of each one shall be notified to the central electoral committee and the said committee shall transmit a certified copy of this list to the Ministry of Labour through the National Federation of Sugar Workers.
29. Section 14. When the voting in each electoral college has been completed the members of the bureau shall certify the number of persons who have voted and collect all the documents relating to the elections ; it shall seal the urns and hand these over to the central electoral committee at the premises of the union so that the committee may count the votes emitted in all the electoral colleges in accordance with the present rules.
30. Section 15. The voting shall start in each electoral college at 8 a.m. and shall be concluded by 3 p.m. in the agricultural sector and 5 p.m. in the industrial sector so that the ballot papers may be handed over before 6 p.m. when the general count will begin. If an electoral college has not started the voting by 12 noon on the day of the election this college shall be suspended and the central electoral committee shall fix a new date for its election within the ten days following the date originally fixed.
31. Section 16. Once the voting has been completed the count shall begin : appropriate forms shall be used for this purpose and the number of votes obtained by each candidate shall be clearly marked thereon. The electoral committee shall be required to proceed with the count without interruption as soon as the voting is closed so that it may announce the full results of the elections. Once the results are known, a certified copy of the relevant statement shall be transmitted to the Ministry of Labour and to the National Federation of Sugar Workers, and certificates of election shall be issued to the approved observers for the various lists of candidates if they so request and the full results of the election shall be noted in the appropriate record books, the exact number of voters for each candidature being stated.
32. Section 17. When the count has been completed the winning candidate shall be announced and the appropriate certificates of election shall be issued by the central electoral committee.
33. Section 18. The executive committee so elected shall take office on 10 March following the election, and members shall take the oath in the presence of the records secretary ; he shall give them possession and shall formally notify the Ministry of Labour and provincial labour officers and the organisations at higher levels that the members of the executive committee have taken possession and have taken the oath.
34. ......................................................................................................................................................
35. Section 23. From the date of coming into force of the present decree all provisions of the rules of statutes of sugar workers' organisations which in any way oppose or conflict with those of the present decree shall be null and void. Such organisations shall adjust their rules or statutes to the provisions of the present decree within a period of not more than 60 days counted from its coming into force.
36. 354. Rules for the most recent elections in the sugar workers' unions were issued by Decree No. 1559 of 19 June 1956, to which the complainant organisation makes special reference. A true copy of this decree also has been transmitted by the Government. Its principal provisions are as follows:
37. Section 1. The legally established local unions of sugar workers, industrial or agricultural, and their national organisation, shall hold their 1956 elections to choose their officers in accordance with the following rules:
38. (a) The Executive Officers of the National Federation of Sugar Workers shall designate a central electoral committee (section 6 of Decree No. 65 of 20 January 1951), in each sugar workers' union affiliated to the Federation, a sufficient time in advance to make it possible for the committees to be constituted on 29 July 1956. With a view to such designation the executive committee or supervisory committee of each sugar workers' union shall place before the Executive Officers of the National Federation of Sugar Workers by 12 July 1956, for its consideration, a report including the names of 21 workers, with a view to the selection of the president and secretary and five members, making up the central electoral committee of the union, to which there may be added electoral delegates at the rate of one for each list of candidates, such delegates having the right to speak but not to vote at the meetings of the said committee.
39. (b) In any case in which a sugar workers' union does not transmit in due time the proposal to which reference is made in the preceding Rule, the Executive Officers of the National Federation of Sugar Workers shall freely designate the central electoral committee.
40. (c) The central electoral committees shall have the powers allotted to them in section 8 of Decree No. 65 of 1951 and in the present decree.
41. (d) The sugar workers' unions shall, on 26 August 1956, hold elections to choose the officers specified in section 3 of Decree No. 65 of 1951. The conduct of the elections and the determination of their results shall be governed by the provisions of sections 9, 11 (2), and 12 to 17 of the said Decree No. 65.
42. (e) A sugar worker, industrial or agricultural, shall have the right to vote in the elections regulated by the present Decree if he fulfils the following conditions:
43. (i) he must be a sugar worker, industrial or agricultural ;
44. (ii) he must hold a paid-up member's stamp issued by the National Federation of Sugar Workers for the elections of 1956, which will be handed to him by a member of the Executive Committee of the union or district or farm delegate appointed to that effect, or in appropriate cases a person designated to the same effect by the supervisory committee, or a delegate designated by the Executive Officers of the National Federation of Sugar Workers if the aforementioned persons should refuse to issue the stamp or should issue it improperly ;
45. (iii) he must fulfil the conditions laid down by the central electoral committee to define an organised worker.
46. ......................................................................................................................................................
47. (g) For the elections in the present year 1956 the National Federation of Sugar Workers shall provide official paid-up members' stamps in a sufficient number, shall have them duly grouped and numbered, and shall state that they may be used for the said elections only. Official paid-up members' stamps for the 1956 elections shall have the value assigned to them by the National Federation of Sugar Workers, and the said value shall not be increased or altered by the sugar workers' unions. The Executive Officers of the National Federation of Sugar Workers shall distribute official paid-up members' stamps for the 1956 elections to its affiliated unions before 29 July 1956, the date on which the central electoral committees of the sugar workers' unions are to be constituted, and shall lay down the conditions for their issue to the workers. The persons specified in subsection (e) (ii) may issue the official paid-up members' stamps until the actual time at which the central electoral committee is set up.
48. (h) The executive committees of the sugar workers' unions chosen in the elections to be held on 26 August 1956 shall take office on 2 September of the same year.
49. (i) The IXth Congress of the National Federation of Sugar Workers shall be convened and organised and shall elect the officers of the said national sugar workers' organisation in accordance with the statutes of the Federation and any instructions which may be issued in this regard by the Executive Officers of the said National Federation.
50. (j) The IXth National Congress of the National Federation of Sugar Workers shall be held on 1, 2 and 3 October 1956.
51. (k) The officers of the local organisations of sugar workers, industrial and agricultural, who are chosen in the elections to be held on 26 August 1956 shall cease to hold office on 10 March 1959, when their offices will be taken over by the persons chosen at the elections to be held on 24 February 1959 in accordance with Decree No. 65 of 1951.
52. Section 2. The provisions of Decree No. 65 of 1951 regarding the trade union electoral procedure for the sugar workers' organisations, in so far as they are not in conflict with the present decree, shall be valid and may be applied as a supplement to the provisions contained herein.
53. Section 3. The Minister of Labour shall be responsible for implementing the present decree and shall issue such decisions as may be necessary for its due application and for the proper operation of the sugar workers' electoral proceedings defined herein.
54. 355. The allegations before the Committee, as regards the above two measures, are that Decree No. 1559 of 19 June 1956, amending Decree No. 65 of 20 January 1951, places in the hands of the Secretary-General of the Cuban Workers' Confederation the control of the entire trade union electoral apparatus ; and that this person, as chairman of a " super-committee ", controls participation by the workers in trade union elections by arbitrary distribution of paid-up members' stamps. The Government for its part states that Decree No. 1559 merely reproduces the electoral system introduced by Decree No. 65 of 1951, modifying only the term of office and the number of members of trade union committees. These changes, the Government states, have not given rise to protest by the parties concerned.
55. 356. The Committee notes, however, that section 1 of Decree No. 1559 empowers the Executive Officers of the National Federation of Sugar Workers to appoint the electoral committees for which provision is made in section 6 of Decree No. 65 ; the principal committees of the sugar workers' unions are required, under subsection (a), to place before the said Officers of the Federation lists of candidates, from which these Officers will select persons to make up the electoral committee of each union, and under subsection (b), if an affiliated union does not transmit such a list, the Executive Officers of the National Federation of Sugar Workers will freely designate the electoral committee of that union. According to Decree No. 65, on the other hand, it is for the general assembly of each union, in an extraordinary session, to appoint its own electoral committee (section 6) ; only if a union does not hold its election in the prescribed manner is the National Federation of Sugar Workers to issue the necessary election notice and appoint an electoral committee (section 2 (a)). It appears, therefore, that Decree No. 1559 of 1956, which is the subject of these allegations by the complainant, modifies the previous electoral system and permits more intervention by the Executive Officers of the National Federation of Sugar Workers, for it is this central body, and not the general assembly of the affiliated union, which appoints the latter's electoral committee and, if a union does not send in a list of candidates, the Executive Officers will freely designate that union's electoral committee.
56. 357. Furthermore, the complainant alleges, the Executive Officers of the National Federation of Sugar Workers can control the participation of workers in the elections by the arbitrary distribution of paid-up members' stamps. The Government considers this allegation to be unfounded.
57. 358. The conditions en which individual workers are entitled to vote in trade union elections are defined in section 1 (e) of Decree No. 1559. One of these conditions (ii) is that " he must hold a paid-up member's stamp issued by the National Federation of Sugar Workers for the elections of 1956, which will be handed to him by a member of the Executive Committee of the union or district or farm delegate appointed to that effect, or in appropriate cases a person designated to the same effect by the supervisory committee, or a delegate designated by the Executive Officers of the National Federation of Sugar Workers if the aforementioned persons should refuse to issue the stamp or should issue it improperly ". Section 1 (g) goes on to provide : " Official paid-up members' stamps for the 1956 elections, shall have the value assigned to them by the National Federation of Sugar Workers and the said value shall not be increased or altered by the sugar workers' unions." The Executive Officers of the National Federation of Sugar Workers shall distribute these stamps to its affiliated unions " and shall lay down the conditions for their issue to the workers ". According to Decree No. 65, on the other hand, the workers' right to participate in trade union elections is conditional on their having " paid the appropriate annual dues in accordance with the rules of the union " (section 11). At the actual ballot the workers' official stamp as paid-up member is marked to show that its holder has voted ; the official paid-up members' stamps are those of the National Federation of Sugar Workers (section 12).
58. 359. In this connection Decree No. 1559, like Decree No. 65, accords to the proper authorities in each union the right to issue official paid-up members' stamps to workers, who require them in order to take part in the electoral proceedings. Decree No. 1559, however, permits major interference by the Executive Officers of the National Federation of Sugar Workers by enabling them to issue the paid-up members' stamps direct and particularly by empowering these persons to define the conditions for the issue of stamps to the workers (section 1, subsection (e) (ii), in fine, and subsection (g)).
59. 360. Furthermore, in the two decrees now under examination, the public authorities minutely regulate the internal activities of trade union organisations. Decree No. 65, for instance, prescribes in great detail the procedure for internal trade union elections. It determines the composition of the principal organs of each union and even the days on which these organs are to meet (sections 3 and 4), the precise date for the annual general assembly (section 6), the form of the ballot papers (section 10), and the time of day at which the elections are to take place (section 15). In section 16 it prescribes the procedure for counting the votes and states that a certified copy of the results shall be sent to the Ministry of Labour. Section 23 of the decree declares null and void any provisions of trade union rules which are in conflict with it. Decree No. 1559, for its part, fixes the date for the elections, the date on which the incoming officers shall take possession (section 1 (h)), the date of duration of the national congress of the National Federation of Sugar Workers (section 1 (j)), the date on which the term of office of trade union officers shall come to an end (section 1 (k)), etc. The Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) states in Article 3 that workers' organisations shall have the right " to elect their representatives in full freedom, to organise their administration and activities " and that " the public authorities shall refrain from any interference which would restrict this right" or impede its exercise.
60. 361. It follows from the above analysis that the trade union election system introduced in Cuba by Decrees No. 65 of 20 January 1951 and No. 1559 of 19 June 1956 constitutes interference by the State in a field where, as a rule, the organisations themselves are recognised as entitled to determine the provisions of their rules. These decrees are contrary to the rights of workers' and employers' organisations under Article 3 of Convention No. 87, namely to elect their representatives freely and to organise their activities.
61. 362. In these circumstances the Committee recommends the Governing Body to express to the Government of Cuba its view that the electoral system introduced by Decrees No. 65 of 1951 and No. 1559 of 1956 is incompatible with the safeguards afforded to trade unions by the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), which has been ratified by Cuba ; and to suggest that the Government examine the possibility of modifying this system so as to ensure that trade union organisations may freely elect their representatives and organise their administration and activities, and that the public authorities shall be required to refrain from any interference which would restrict these rights or impede the lawful exercise thereof.
62. Allegations respecting Acts of Violence against Trade Unionists
63. 363. The C.T.A.L alleges that in order to keep the trade union movement under control recourse is had to gunmen ; that their job is to intimidate the workers and to prevent free trade union elections from being held ; that, for instance, the Secretary-General of the Construction Workers' Union, Abelardo Iglesias, was brutally attacked in the Workers' Centre in June 1956 and had to be taken to hospital. The W.F.T.U for its part alleges that during the night of 25-26 December 1956 officers of the Workers' Defence Committee (a body assisting the sugar workers in their struggle for specifically occupational objectives) were arrested ; that the arrests were made without any judicial warrant and none of the persons arrested had taken part in acts of rebellion ; that next day the arrested persons were discovered dead, 20 having been shot and two hanged. The W.F.T.U submits a list of the names of the victims, indicating their trade union offices and other posts which they held. It alleges that some days later other trade union officers also were victims of repressive acts.
64. 364. In its first replies the Government admits that trade union leaders have suffered acts of violence, with fatal results in some cases, and that one of these was Abelardo Iglesias, the person mentioned in the complaint of the C.T.A.L. It states that the persons mentioned in the W.F.T.U complaint were arrested in consequence of acts of rebellion and not by reason of their political or trade union activity, and agrees that all the persons mentioned in the complaint lost their lives, but affirms that none of them was shot. The Government continues that the W.F.T.U allegations do not refer to infringement of trade union rights ; that individual safeguards were suspended for a certain period ; that the W.F.T.U does not indicate specifically what trade union rights are alleged to have been violated ; and that the body mentioned by the W.F.T.U - the Workers' Defence Committee-has no juridical existence as a trade union organisation in Cuba. The complainants furthermore do not indicate who are alleged to have been responsible for the acts of violence.
65. 365. In its letter of 20 August 1957 the Government, responding to the Committee's request for additional information, states that in the case of the attack on Mr. Abelardo Iglesias the judicial investigation which was opened did not lead to prosecution of the responsible person because he could not be identified ; and that in any case, Mr. Iglesias is still acting as Secretary-General of the Construction Workers' Union of Havana. As regards the Workers' Rights Committee, the Government states that this body is not organised on a trade union basis but is a tool of Communist agitation, and that its members were arrested as agitators ; they were subsequently released, but none succeeded in securing election to trade union office. It is difficult, the Government continues, to give details on the circumstances surrounding the deaths of the persons mentioned in the W.F.T.U complaint, since these occurred during revolutionary events which began in November 1956. Judicial investigations were opened in all the cases, and the Government has asked the judicial authorities for the facts on the cases mentioned in the complaints. One of the persons mentioned, Mr. Isidro Nora, is stated to be alive and engaged in trade union work.
66. 366. To take the alleged attack on Mr. Abelardo Iglesias first of all, the Government explains, in response to the Committee's request for information, that it was not possible to identify the person responsible ; that the attack appears to have originated in an internal dispute in the building trades ; that the competent courts of law opened an investigation ; and that Mr. Iglesias is still holding trade union office. In these circumstances, since the judicial investigation did not lead to the identification of the person responsible for the alleged attack, and since the victim is still engaged in his ordinary trade union work, the Committee considers that there is no object in continuing examination of this particular allegation.
67. 367. As regards the allegations concerning the arrest and death of the members of the Workers' Rights Committee, the situation is not clear. First of all, the Government argues that the fact that the Committee on Freedom of Association has requested additional information regarding these allegations implies recognition of the juridical personality of the Workers' Rights Committee. According to the Government this is not an occupational body but a tool of Communist agitation, and, as such activities are prohibited in Cuba, the members of the Committee were arrested not as trade unionists but as political agitators. In this connection the Committee recalls that in previous cases it has decided, following the precedent established by the Governing Body in the case of the complaint lodged by the Labour Party of Mauritius in 1937, that it should determine in each case, irrespective of the terminology employed nationally, whether the organisation concerned is or is not an occupational organisation of employers or workers in the usual sense of these terms. In particular, in order to ascertain whether a given organisation is or is not of an occupational character, the Committee, following the line indicated by the Governing Body, has decided that it should not consider itself obliged to accept any national definition of the term " occupational organisation ", whether such definition is a statutory or a customary one in the country concerned. In the present case, however, the question raised is not that of the legal personality of the Workers' Rights Committee but that of the fate suffered by its members-persons who, as the Government itself admits, were active in trade union circles.
68. 368. Now the W.F.T.U alleges that on the night of 25-26 December 1956 the officers of the Workers' Rights Committee were arrested without judicial order and despite their not having participated in acts of rebellion ; and that on the following day the bodies of the arrested persons were discovered, 20 having been shot and two hanged. The W.F.T.U gives a nominal list of the victims and adds that at the time of their arrest and death they were engaged in work of a strictly trade union character (obtaining a 20 per cent wage increase and an output bonus in the sugar industry). The Government's replies regarding these allegations contains statements which differ one from another. In its letter of 6 May 1957 the Government maintains that " the persons mentioned, and other workers who are not mentioned, were arrested or died as a consequence of various acts of rebellion or terrorism " ; but that none had been shot ; the W.F.T.U complaint (this letter continues) " is untrue ; it is also vague, save for the lamentable fact of the death of the workers whose names are indicated ". In its last letter, dated 20 August 1957, in reply to the Committee's request for information, the Government states that " it is difficult to give details of the circumstances surrounding the deaths of the persons whom the World Federation of Trade Unions specifically mentions " because these deaths occurred in the course of revolutionary events ; that in all the cases a judicial investigation is opened ; that the Government has applied to the Judicial Power with a request for the necessary information regarding the deaths of the persons mentioned in the complaint ; but that one of these, Mr. Isidro Nora, is still alive. This letter further states that the Workers' Rights Committee is " a mere tool of Communist agitation " ; that its members were arrested as Communist agitators, whose activities are prohibited in Cuba ; and that they were subsequently released and have not succeeded in obtaining any trade union office.
69. 369. Two points should be noted : first of all, in its letter of 20 August 1957 the Government maintains that the members of the Workers' Rights Committee were arrested as " Communist agitators ", whereas the letter of 6 May 1957 states that " it has not been established that they were arrested or that they perished by reason of their Communist membership or sympathies ". Secondly, in its letter of 20 August 1957 the Government maintains that the members of the Workers' Rights Committee were subsequently released, whereas the letter of 6 May 1957 refers to the "lamentable fact of the death of the workers" whose names are indicated in the complaint. Even in its letter of 20 August 1957 the Government repeats that " the persons whom the World Federation of Trade Unions specifically mentions " perished in revolutionary events (except Mr. Isidro Nora). Yet the persons whom the W.F.T.U mentions in its complaint of 7 March 1957, giving their names and trade union posts are precisely the members of the Workers' Rights Committee. The Government says, on the one hand, that they were arrested and released ; and, on the other hand, that they were arrested and perished during acts of rebellion.
70. 370. In a number of previous cases when it has had to examine allegations regarding the arrest or death of trade unionists and a government has declared that the arrests were due to subversive or terrorist activities, internal security arrangements or criminal, acts, the Committee has consistently followed the practice of requesting from such a government supplementary information of the fullest possible character regarding the circumstances surrounding the arrests and in particular regarding the legal or judicial action taken in connection therewith. Following this series of precedents the Committee decided at its 17th Session (Geneva, May 1957) to request the Government of Cuba, having regard to the extreme gravity of the allegations, to provide it, as a matter of urgency, with information on points, namely whether it is indeed true, as the complaint alleges and the Government recognises in its letter of 6 May 1957, that the members of the Workers' Rights Committee lost their lives while under arrest, i.e. while in the protection of the State (from which it may be deduced that their execution was carried out by public authorities) ; what were the authorities responsible for such executions ; and what were the legal or other powers under which they acted. In its letter of 20 August 1957, responding to the Committee's urgent request for further information, the Government declares that it has asked the judicial authorities for reports on the cases of the dead persons ; it adds, however, that the members of the Workers' Rights Committee, after having been arrested, were released.
71. 371. In these circumstances the Committee, having regard to the extreme gravity of the matters which it is called upon to examine and to the ambiguous manner in which the information submitted by the Government may be interpreted, as pointed out in the previous paragraph, recommends the Governing Body to request the Government of Cuba, as a matter of extreme urgency, to provide precise information on the circumstances surrounding the deaths of the persons mentioned by name in the complaint of the W.F.T.U, and particularly on the conclusions reached in the judicial investigations into these events, on the understanding that the Committee will submit a further report on these allegations as soon as the information requested has been received.
72. Allegations regarding the Right of Assembly
73. 372. The C.T.A.L alleges that the Ninth Congress of the Cuban Workers' Confederation was conducted in an undemocratic manner, and that the premises in which it was held were surrounded by military and police forces. The Government admits this latter circumstance, stating that at times of political disturbance trade union proceedings have to be " supervised " by the police and security forces in order to prevent illicit acts.
74. 373. In a large number of cases the Committee has declared that the right of trade unions to hold meetings freely in their own premises, without the need for previous authorisation and without control by the public authorities, is a fundamental element in freedom of association. In the present case, in which the Government admits that a trade union congress held in trade union premises was the object of police and military control, the Committee feels unable to accept the Government's explanation that its intervention was justified by the mere possibility that illegal acts might be committed. In these circumstances, the Committee recommends the Governing Body to draw the attention of the Cuban Government to the fact that police and military interference, as admitted by the Government, during a trade union congress is an infringement of freedom of association and, in particular, a breach of Article 3 of Convention No. 87 which has been ratified by Cuba (" workers' ... organisations shall have the right ... to organise their ... activities " and that " the public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof ").
75. Allegations regarding the Wage Freeze, Dismissals, etc.
76. 374. The C.T.A.L alleges that important working class achievements have been annulled by governmental action ; in particular, that wages have been "unfrozen " and reduced with the aid of violence ; that the workers have been obliged to accept the loading of sugar on to ships in bulk-method which caused unemployment ; that there is a plan to introduce dismissal with compensation ; and that the employers are attempting to abolish the " mechanisation allowance ".
77. 375. The Government replies that the wage freeze system operates not only when the price of sugar rises but also when it falls ; that in fact wages have not been reduced except in a few small undertakings ; that in 1957 the harvest was regulated in a manner more advantageous to the workers than in previous years ; that the export of sugar in bulk did not cause dismissals, since the employers were obliged to maintain the same number of workers as in the case of the previous loading systems ; that the question of dismissal with compensation was no more than a theoretical scheme which had been discarded a long time since.
78. 376. In previous cases the Committee has not thought it appropriate to examine questions relating to the economic or social policy of governments where there is no direct relation with the exercise of freedom of association. Having regard to this principle and since the various questions raised-wage freeze, export of sugar in bulk, dismissal with compensation, etc.-are not directly related to the question of freedom of association, the Committee considers that it should not continue examination of this aspect of the case.
79. Allegations regarding Infringements of Human Rights
80. 377. The C.T.A.L alleges lastly that the Government of Cuba has committed grave infringements of human rights ; that printing works have been destroyed, newspapers suppressed, parties prohibited and homes violated ; that academic independence has not been respected, student manifestations have been broken up and professors and teachers dismissed their posts.
81. 378. The Government states in this connection that the complaint of the C.T.A.L is of a political character, and that there is no reference to infringements of freedom of association in the proper sense of that term.
82. 379. The Committee considers - as indeed arises from the text of the complaint, which calls in this connection for intervention by the United Nations - that it is not competent to deal with this aspect of the case, since no infringements of freedom of association are specifically alleged. The Committee observes that in this regard the complainant addresses itself directly to the United Nations and requests intervention by that organisation.

The Committee's recommendations

1. 380. In these circumstances the Committee recommends the Governing Body:
   • (a) to express to the Government of Cuba its view that the electoral system introduced by Decrees No. 65 of 1951 and No. 1559 of 1956 is incompatible with the safeguards afforded to trade unions by the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), which has been ratified by Cuba, and, in particular, with the provisions that "workers' organisations shall have the right to elect their representatives in full freedom and to organise their administration and activities" and that "the public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof ", and to request the Government to take the necessary action to bring its legislation into harmony with these provisions of the Convention ;
   • (b) to draw the attention of the Government of Cuba to its view that police and military intervention (such as that recognised by the Government) on the occasion of û trade union congress is contrary to freedom of association and incompatible with Article 3 of Convention No. 87, which has been ratified by Cuba ;
   • (c) to communicate the above conclusions to the Committee of Experts on the Application of Conventions and Recommendations, calling its attention to a situation which is incompatible with a Convention which has been ratified ;
   • (d) to note, with respect to the allegations relating to an attack on the Secretary-General of the Construction Workers' Union of Havana, that the competent courts of law opened an investigation and that the official in question is continuing to perform his trade union functions, and to decide that these allegations do not call for further examination ;
   • (e) to decide that the allegations relating to the wage freeze, dismissals, etc., and those relating to the violation of human rights, do not, for the reasons indicated in paragraphs 376 and 379 above, call for further examination ;
   • (f) to request the Government of Cuba, as a matter of extreme urgency, to provide precise information on the circumstances surrounding the deaths of the persons mentioned by name in the complaint of the W.F.T.U, and particularly on the conclusions reached in the judicial investigations into these events, it being understood that the Committee will submit a further report on these allegations as soon as the information requested has been received.