Observation (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

Convention (n° 29) sur le travail forcé, 1930 - Cuba (Ratification: 1953)

In its previous observation, the Committee asked the Government to comment on the allegations submitted in January 1991 by the International Confederation of Free Trade Unions (ICFTU) (transmitted to the Government in February 1991) concerning the application of Conventions Nos. 29 and 105, in which the above organisation alleges that the system known in the country as voluntary labour is, in practice, forced labour under the terms of the Convention, since refusal to do such labour results in the loss of certain rights, benefits and privileges. It also indicates that the system of voluntary labour is widespread and growing. In its comments, the ICFTU describes this system as follows: the "quotas" for voluntary labour are formally adopted at the workers' assembly of each enterprise, although in practice they are predetermined by the trade unions, which are responsible for organising voluntary labour. Once the quota has been established, managers of enterprises prepare lists of the workers who are to perform it; 120 hours of voluntary labour give entitlement to a certificate while, in contrast, in the event of repeated unjustified absences the worker is described as "counter-revolutionary".

The ICFTU also refers to resolution No. 590 of 1980 of the Ministry of Labour and Social Security, which establishes merits for two categories of voluntary work, namely participation in permanent activities (sugar harvest, housing construction, micro brigades) and in voluntary labour organised by the trade union (section 5(e) and (f)). Annual assemblies to consider merits and demerits discuss the report of the trade union chapter on the merits achieved by the workers, which include participation in voluntary work, and propose their inclusion in the labour record ("expediente laboral") (section 3).

The ICFTU alleges that certain benefits, rights and privileges, such as promotion, transfer, access to new employment, the acquisition of certain consumer goods, housing or participation in university programmes, depend on the merits that have been accumulated and noted in the worker's work book. It adds that persons who refuse to perform voluntary labour are subject to harassment and psychological abuse and that data on participation in voluntary labour are included in the "guía del informante" (informers guide) a document that is used by the state security police.

In its reply to the ICFTU's allegations, the Government states that voluntary work in Cuba is strictly voluntary and that no-one can be punished, harassed or deprived of any right for not participating in it. It states that voluntary work is recognised in the Constitution and the Labour Code not as a condition for the enjoyment of employment-related rights but as a means of forming the communist conscience of the people, of which it is the highest expression. It also refers to the various provisions in the national legislation on normal working hours and overtime.

With regard to resolution No. 590 of 1980 which establishes inclusion in the work book of the merits accumulated by the workers, the Government states that this practice reflects the encouragement and recognition given to individuals by all the workers and has nothing whatsoever to do with the rights guaranteed equally to all workers.

In this connection, the Committee observes that the ICFTU's allegations also refer to the burden, in terms of working hours, placed on the worker who has to perform voluntary labour in addition to a normal day's work and the repercussions that voluntary work has on the periods of rest guaranteed to workers in the labour legislation.

As regards the allegations concerning the loss of rights, advantages or privileges for avoidance of voluntary labour, the Committee notes the information supplied by the Government and the Cuban Workers' Central (CTC), to the effect that work merits are not taken into account for access to a new job or a promotion, which are governed by resolution No. 18 of 1990.

The CTC also states that voluntary work in Cuba takes place in the strictest observance of the will of those performing it; it adds that the proposals on voluntary labour were adopted by a large majority in the various national congresses of the CTC. It indicates that voluntary labour is an effective means of speeding up both the completion of hospitals, schools, crèches, sports centres and workers' housing and economic and social development for the benefit of the masses. In addition, it quotes numerous examples of the achievements to which voluntary labour has contributed and refers to the incentives for workers with outstanding records in voluntary labour, which include the moral recognition of trade union assemblies, as well as days off in seaside resorts and rest houses, and holidays abroad.

The Committee notes the Government's indication in its report that resolution No. 590 of 1980 is in the process of being examined with a view to making the necessary amendments in the light of the particular circumstances of the country.

The Committee asks the Government to continue to report on the matter and to provide a copy of the amended text of resolution No. 590 of 1980.

The Committee requests the Government to provide information on any other measures taken to ensure that the system of voluntary labour is genuinely voluntary, taking into account the volume of work involved, effects on observance of labour standards, supervision of the workers' participation and consequences of refusal and, more generally, to ensure that the system of voluntary labour cannot lead to a person being obliged to work by indirect forms of coercion.