Informe provisional - Informe núm. 311, Noviembre 1998

Caso núm. 1961 (Cuba) - Fecha de presentación de la queja:: 26-MAR-98 - Cerrado

Allegations: Raids and searches of trade unionists' homes, including the seizure of property and documents; lack of response to requests for the recognition or registration of organizations

1. 412. The complaint in this case was submitted in a communication from the World Confederation of Labour (WCL) dated 26 March 1998. The Government responded in a communication dated 21 July 1998.
2. 413. In accordance with the Committee's procedure (paragraphs 49 and 50), on 19 August 1998 the Office sent the complainant organization a copy of the Government's observations, inviting it to submit -- given the contradictions between its allegations and the Government's reply -- its comments and any additional information to enable the Committee to examine the case in full knowledge of the facts.
3. 414. Cuba has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 415. The World Confederation of Labour (WCL) alleges in its communication of 26 March 1998 that on 11 November 1997, Cuban state security officials burst into the homes of Mr. Pedro Pablo Alvarez Ramos, President of the Single Council of Cuban Workers (CUTC) and Mr. Vicente Esobal Ribeiro, Director of the Cuban Institute of Independent Trade Union Studies (ICESI). The state police conducted a thorough search and seized numerous documents relating to independent trade union activities in Cuba. These documents included in particular the Universal Declaration of Human Rights, the programme of action and declaration of principles of the CUTC, the Viña del Mar Declaration, several books from the Latin American Central of Workers, various documents and magazines from the Cuban workers' solidarity movement, one of the reports by the United Nations Special Rapporteur for Cuba, Dr. Carl Johan Groth, publications from the Catholic Church, personal letters belonging to the trade union officials, other documents and office material.
2. 416. The WCL states that the raids on the homes of the two CUTC leaders and the seizure of the material constitute serious disregard for the principles contained in ILO Convention No. 87 and also violate civil liberties. By not having access to this material which, in a regime lacking in freedom is the only source of access to information concerning the trade union movement and trade union and human rights, the Cuban trade union leaders lack the basic tools to train the country's workers and strengthen democratic trade unionism.
3. 417. The WCL explains that the Single Council of Cuban Workers (CUTC) is a trade union organization which was established in 1995. On 8 October 1996, the Cuban Institute of Independent Trade Union Studies submitted a formal application for recognition. The CUTC also applied for registration. There has been no response of any kind by the Cuban authorities to either request. While the country's legislation provides that workers are entitled to establish independent trade union organizations, this legal standard does not in fact apply in practice.
4. 418. The WCL explains that this is just one of many incidents whose purpose is to hinder the existence of a truly free trade union movement in Cuba. These violations of trade union rights are not isolated but instead are part of a systematic pattern of anti-union discrimination in Cuba, as the Committee on Freedom of Association has already seen in its examination of Case No. 1805 concerning the Confederation of Democratic Workers of Cuba.

B. The Government's reply

1. 419. In its communication dated 21 July 1998, the Government refers to the complaint alleging raids on the homes of supposed trade union leaders of an organization called the Single Council of Cuban Workers (CUTC) and the seizure of material. Investigations made in this connection were unable to prove the veracity of the facts, given that the address of the residence allegedly raided is unknown.
2. 420. Furthermore, the Government continues, in investigating the matter of the trade union activity attributed to a supposed organization called the Single Council of Cuban Workers (CUTC) it has not been possible to find out in which workplace, enterprise, establishment, factory, body or labour institution there is a body of workers which serves as the social and labour base for this organization and which accepts its authority as trade union leader, chooses its leaders and follows its trade union programme in its everyday labour relations. Given the absence of any such a necessary and essential labour framework, it is impossible to speak of a trade union organization, trade union leaders, or, most importantly, a body of workers who in an entrepreneurial organization of any kind is an essential element in any trade union activity.
3. 421. The Government states that in Cuba there are 19 national sectoral trade unions which, on the basis of decisions freely taken by their members, periodically hold congresses, adopt the statutes, regulations and decisions which they consider appropriate for the defence of their members' interests, as well as those relating to their structure, functions, methods and styles of work, free of any interference from the public authorities. By reason of this trade union autonomy, these national sectoral trade unions have 77,045 grass-roots sections. None of these corresponds to a supposed organization called the Single Council of Cuban Workers.
4. 422. The Government states that at present approximately 25,000 collective labour agreements have been concluded, which involves the enterprise management, the trade union representatives and the actual body of workers meeting up to draft, discuss and approve the contents of these collective agreements, and monitoring observance in accordance with prevailing legislation. In none of the country's workplaces is there an organization called the CUTC.
5. 423. The Government considers that the Committee on Freedom of Association should not put into operation a mechanism that is so costly for all the member States on the basis of dubious testimony from groups who address appeals to it, underneath the mask of supposed trade unionism, groups who bear no relation to trade unionists, with objectives that do not correspond to the function exercised by the Committee on Freedom of Association. Mr. Pedro Pablo Alvarez Ramos and Mr. Vicente Escobal Ribeiro are not trade union leaders, they do not head any body of workers, they have not been elected at any workplace as representatives of any body of workers, nor do they exercise any form of trade union activity in any workplace in the country. There is no evidence that their homes were raided as a result of their trade union activities, nor for any other reason.

C. The Committee's conclusions

1. 424. The Committee observes that in this complaint the complainant organization has alleged: (1) raids and searches, including the seizure of documents and office material by state police, of the homes of Mr. Pedro Pablo Alvarez Ramos, President of the Single Council of Cuban Workers (CUTC) and of Mr. Vicente Escobal Ribeiro, Director of the Cuban Institute of Independent Trade Union Studies (ICESI); and (2) the lack of response of the authorities to the ICESI's formal application for recognition and the CUTC's application for registration.
2. 425. The Committee notes the Government's observations, and in particular that: (1) it has not been able to establish the veracity of the allegations as the address of the residence that was allegedly raided is not known, and for this reason the raid has not been proven; (2) in no workplace is there an organization called the CUTC or a body of workers which corresponds to that organization; (3) Mr. Alvarez Ramos and Mr. Escobal Ribeiro are not trade union leaders, they do not represent any body of workers, nor do they exercise any type of trade union activity in any workplace in the country.
3. 426. The Committee observes that, in accordance with the Committee's procedure (paragraphs 49 and 50), on 19 August 1998 the Office sent the complainant organization a copy of the Government's observations, inviting it to submit -- given the contradictions between its allegations and the Government's reply -- its comments and any additional information to enable the Committee to examine the case in full knowledge of the facts.
4. 427. The Committee regrets that the complainant organization has not yet sent any comments or additional information and therefore asks it to do so prior to its next meeting in March 1999, given that otherwise it will have to examine the case without all the elements before it. In particular, the Committee requests the complainant organization to send, in addition to any comments and supplementary information it wishes to submit:
   • -- the addresses of the residences which were allegedly raided;
   • -- the statutes of the CUTC and of the ICESI and a copy of the applications submitted to the authorities for their recognition and registration;
   • -- a list of the organizations that make up the CUTC and the ICESI, with an indication of the sectors and workplaces where they are active, the number of workers they represent and any further information in support of the nature and trade union activities of both organizations.
5. 428. The Committee also requests the Government to indicate specifically whether the CUTC and the ICESI have presented a formal request for registration to the authorities and if so, what has been the reply.

The Committee's recommendations

1. 429. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the complainant organization to send, in addition to any comments and supplementary information it wishes to submit:
     • -- the addresses of the residences which were allegedly raided;
     • -- the statutes of the CUTC and of the ICESI and a copy of the applications submitted to the authorities for their recognition and registration;
     • -- a list of the organizations that make up the CUTC and the ICESI, with an indication of the sectors and workplaces where they are active, the number of workers they represent and any further information in support of the nature and trade union activities of both organizations.
   • (b) The Committee requests the Government to indicate specifically whether the CUTC and the ICESI, have presented a formal request for registration to the authorities and, if so, what has been the reply.