Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Haiti (RATIFICATION: 1979)

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A Government representative, the Minister of Social Affairs, noted that the Committee of Experts had raised a number of specific issues including: the necessity of obtaining Government approval to establish an association of more than 20 members; the wide powers conferred on the Government to supervise the affairs of trade unions; restrictions on strikes; and the need to accord statutory recognition to the right to organise of civil servants. He also referred to Case No. 1396 which had been examined by the Committee on Freedom of Association in 1988. The Committee of Experts had also referred to the powers of the Service of Social Organisations to intervene in the preparation of collective bargaining agreements.

He reminded the present Committee that it was not dealing with a new situation which had arisen in the last three years, but rather with the heritage of the last thirty years. This included serious problems in relation to the behaviour of the social partners, especially employers. Furthermore, a number of laws needed to be amended in order to ensure compliance with the Convention. The speaker recognised, for example, that there were inconsistencies between the Labour Code and international labour standards. That was part of why the Government had asked the ILO for assistance in 1988. It was necessary to provide training not just for workers and trade union leaders but also for employers in view of the problems which were the product of the previous 30 years. He thanked the ILO for its assistance with seminars for workers and missions for employers. These had made a major contribution to the development of industrial relations in Haiti.

The points raised by the Committee of Experts had been taken into account in the preparation of a draft Labour Code, which had been sent to the ILO for comments. This revision had also taken account of the comments of the present Committee. The draft was much more in harmony with international labour standards in relation to the right to strike, the right to organise and other matters.

In 1988, his Government had asked the ILO to organise a tripartite seminar on international labour standards and labour law in Haiti. It had thought at the time that this would enable it finally to harmonise its legislation with ratified Conventions. Unfortunately, for reasons beyond its control it had not been possible to hold the seminar. His Government hoped that the seminar would take place later this year or early next year.

In recent months a National Tripartite Committee had been established at the initiative of his Government. This Committee was authorised to look at the range of social and labour questions, and also had the authority to deal with litigation in industrial matters without the need for reference to a labour tribunal. He saw this as a sign of progress in Haiti, particularly in view of events of the last 30 years. A mission of the ILO visited Haiti in October 1988. This mission had seen for itself the progress which had been made in relation to these matters.

Referring to section 236 of the Penal Code which makes necessary obtaining prior approval of the Government for constituting organisations of more than 20 members, the Government proposed to amend this provision as part of a reform of the entire Penal Code. That revision was in turn part of an attempt at general democratisation in Haiti.

The Employers' members thanked the Government representative for what they considered to be a remarkable statement. Despite the enormous difficulties with which the country was faced, the present Committee was impressed by the Government's very positive action. The situation still had not been fully corrected, but the progress which had been made showed the positive results which could flow from discussion before this present Committee. The Government representative outlined the major problem areas, and draft legislation had been prepared. They were encouraged by developments and urged the Government to persevere in its endeavours.

The Worker member of the United States agreed with the Employers' members in relation to the difficult environment within which recent developments had taken place. He expressed understanding of the problems confronting the Government and was encouraged by its progress so far. He asked the Government to indicate what steps had been taken to secure the reinstatement of trade unionists who had been dismissed in the course of the suppression of unions which took place in 1987. He hoped that in the context of a review of national legislation account would be taken of the comments of the Committee of Experts concerning the establishment of organisations without prior authorisation, the control of organisations by Government, the prohibition of strikes, the right of public servants to organise, limitation of government interference in collective bargaining, and legislative protection against anti-union discrimination as required by Convention No. 98.

The Government member of the United States recalled that in 1988 she had expressed her concern and astonishment at the unusually strong language which the Committee of Experts had used to describe the situation in Haiti, and at the apparent lack of progress on the part of the Government in resolving them. This year, in contrast, the Committee of Experts had noted with interest the progress that had been made in relation to drafting of a new Labour Code. This was a tribute to the goodwill of the Government and to the value of ILO technical assistance.

The Workers' members recalled past difficulties in discussing the situation in Haiti in the present Committee. Without being naive, they believed that a new era had begun. They emphasised that making criticisms in individual cases was intended to encourage dialogue to improve the situation.

They hoped that it would be possible to arrive at an agreement with the Dominican Republic to overcome difficulties associated with the migration of Haitian workers to that country.

They confirmed that the mission which had visited Haiti had indeed had contact with relevant interest groups. They also referred to an ILO mission which was currently examining the possibilities for establishing a social security system.

They looked forward to legislative changes which could reflect the changes in practice which had already occurred. Mutual association, trade unions and co-operatives were already functioning freely in the country. They hoped that such bodies would be able to co-operate not just to press their sectional demands, important as the standard of living was, but that they would also seek to improve the economic status of the country.

They expressed two final wishes. First, they wanted to see legislative action in the near future to bring the law into conformity with the requirements of ratified Conventions. Secondly, they hoped to see the development of a system of genuine tripartism within which the parties could engage in constructive dialogue for progress. To this end they appealed to Haitian employers and international employer organisations to co-operate in good faith to bring about further improvements in addition to those which were already on the way.

The Government representative said that the Government had examined the issue of the trade unionists who had been dismissed in 1987, and had now submitted it to the National Tripartite Committee so that they could intervene with employers and come up - with recommendations. It was in order to deal with such cases, together with other social and industrial problems, that the Committee had been established in the first place.

The 1987 Constitution granted the right of public servants to form and join trade unions. Teachers, doctors and nurses had already exercised this right, which was also accorded express recognition in the draft Labour Code.

The speaker expressed particular thanks to Workers' and Employers' representatives who had intervened in the discussion. They had expressed understanding of the problems associated with his country's emergence from a long period of dictatorship in a context of profound economic, social and political crisis. He also thanked the present Committee for their appreciation of social problems such as high levels of unemployment and the migration of workers towards the Dominican Republic. Even though his Government had already benefitted from the assistance of the ILO, they would profit from further co-operation in relation to matters such as social security, industrial relations, and vocational training. He hoped that the proposed tripartite seminar would enable the Government finally to effect the harmonisation of its legislation with international labour Conventions.

The Committee has examined the questions connected with Conventions Nos. 87 and 98 on the basis of the report of the Committee of Experts and of the report and recommendation of the Committee on Freedom of Association. It has also taken note of the results of the ILO mission. The Committee takes into account the detailed explanations given by the Government representative of Haiti. According to this information, the many obstacles hitherto placed in the way of freedom of association should be removed in close cooperation with the ILO and a tripartite national committee. In these circumstances the Committee hopes that the long-lasting discrepancies which exist between the Convention and the legislative and practical situation in the country will be removed as soon as possible and the Committee expresses the hope that the Government of Haiti will continue its efforts to this end and will inform the ILO of further progress.

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The Government has communicated the following information:

Workers and employers may establish organisations without receiving authorisation from public authorities; provided that there are a minimum of ten members for the workers' group and five for those of employers. Nevertheless, these organisations must register with the Labour Directorate within 60 days of their establishment, providing a copy of their Constitution, and two copies of by-laws, the document creating the organisation, a list of the directors of the organisation as well as the minutes of the election of the directors. Moreover, the Constitution of 1987 authorises the formation of trade unions by civil servants and personnel employed by public enterprises (Article 2 of the Convention).

Articles 235 and 238 of the Labour Code are clear in the event of a union's formation: the union may establish and administer relief funds, open offices for offers and requests for employment, establish educational and vocational training centres, provident societies, co-operatives and laboratories, but may not engage in commercial activities or concern itself with matters unconnected with its objective of the defence of workers in the improvement of economic, social and moral interests common to workers or employers (Article 3).

Article 242 of the Labour Code provides that sanctions eventually taken against a union may be imposed by the labour court upon the request of the Ministry of Social Affairs (Article 4).

There is no text prohibiting the constitution of associations and confederations. Moreover, in practice, some of them are affiliated with international organisations (Article 5).

It is important to mention that according to article 246 of the Labour Code, federations and confederations of unions are governed by provisions of the chapter relating to unions in so far as those provisions are applicable (Article 6).

National legislation on the whole provides that unions enjoy legal recognition as soon as they are registered with the Labour Directorate (Article 7).

At the level of the Ministry of Social Affairs and in the spirit of the Labour Code, the Labour Court is empowered by the Ministry to sanction unions found guilty of the offences in Article 242. Nevertheless, all citizens remain subject to national laws no matter what their nature and incur the penalties provided for in cases of infractions (Article 8).

The members of the armed forces and the police are covered by Regulations Particular to the Army (Article 9).

It is sufficient to take stock of the number of unions registered by the Labour Directorate to understand the total independence enjoyed by them in the management of their resources and to have an idea of the manner in which the Convention is applied.

In addition a Government representative noted that the Committee of Experts had emphasised the provisions in the 1987 Constitution guaranteeing workers in the public and private sectors freedom of association and recognising the right to strike. In relation to the other legal provisions cited by that Committee, the Government had been requesting technical assistance from the ILO since 1986 to revise sections which were not in compliance with the Convention. A preliminary attempt at revision had begun in March and June 1987, but it had not been able to accomplish the task. A new national committee had now been set up to draw up amendments to the provisions in question; the Government would be making a renewed request for assistance. It would be appreciative if the upcoming direct contacts mission could also provide suggestions on the legislative changes needed. The Government representative stated that since February 1986, the Haitian people had enjoyed freedom of expression and the right to organise; tripartism and discussions and negotiations among the social partners were also being promoted.

While welcoming the Government's expression of good intentions, the Workers' members said that they had to be reconsidered against the very sorry background of what had taken place in the country. The Committee of Experts had, in the absence of a report, repeated the points raised earlier; now, the Government had not provided much detail beyond its intent to amend the Labour Code. The Committee of Experts' report had contained, in addition to the mention of legislative shortcomings, very disturbing information about grievous interference in trade union affairs, arrests of trade union leaders and lay-offs of workers attempting to establish trade unions. The unusually strong and critical language used in the observation highlighted the grievous nature of the violations of the Convention. The Workers' members welcomed the Government's statement that it wished to make amends for the lack of co-operation which the Committee of Experts had deplored. The Workers' members looked forward to the Government taking steps to eliminate "reprehensible antitrade union activities" and to develop "a climate free of insecurity and fear". They wanted more details from the Government concerning anti-union activity.

The Employers' members noted that the situation with regard to the legal situation in this case was clear; the Committee of Experts' report had pinpointed the many persisting discrepancies the Government had now admitted between the legislation and the Convention. The Employers' members noted the written information which the Government had supplied, as well as the government representative's statement that more technical assistance was needed to bring the legislation into conformity with the Convention. They welcomed this request and hoped that this would lead to the guarantees contained in the new Constitution being translated into ordinary laws as well. As regards the factual situation in the country, the Committee of Experts had briefly listed concrete measures taken which were far from being in accordance with freedom of association principles. The Government had provided no answers in relation to the allegations made, and its co-operation with the Committee on Freedom of Association left a lot to be desired. The Employers' members hoped that important changes would take place and that the Government would reply in writing on both of the legal and factual situations.

The Worker member of Austria, referring to the Committee on Freedom of Association case cited by the Committee of Experts (Case No. 1396, 254th report), emphasised the difficulties which the absence of information from the Government had posed. That is why the Committee on Freedom of Association had reached the conclusions quoted in relation to repressive measures impose the trade union movement in Haiti. The Government representative's statement that since February 1986 freedom of association had been respected was incorrect. In June 1987, the Autonomous Confederation of Haitian Workers (CATH) had called a 48-hour strike which was broken by military intervention; trade union premises had been looted and eight trade unionists had been imprisoned. Later, in July 1987 the military had again occupied the premises of the CATH. More information was needed from the Government; he hoped that the direct contacts mission would be able to shed light on the situation in relation to freedom of association.

The Government member of the United States associated herself with the remarks of the previous speakers. She was pleased to note the good intentions of the Government, but wished to stress that the matters under discussion were extremely critical. Also the Government had again failed to supply a report and had not cooperated with the Committee on Freedom of Association. The language employed in the observation in this case by the Committee of Experts, which usually cast its observations in a calm, dispassionate way, was truly astounding. Her Government hoped that the situation in relation to this Convention would not continue to deteriorate and that with the assistance of the ILO, there would be significant progress on the application of the Convention.

The Government representative recalled the extremely troubled period the country had been going through in the past two years. There had been three months of intermittent strikes; it could be stated that all of the social partners had some responsibility for the reprehensible events. The good faith of this Government, which had taken office only in February 1988, was demonstrated by its request for assistance and by its desire to benefit from the direct contacts mission.

The Workers' members welcomed the new regime's request for assistance from the Office but also noted that direct contacts had taken place on earlier occasions, and that a Commission of Inquiry was established under article 26 of the ILO Constitution to examine the advances of certain Conventions, including the present Convention, without producing results. They hoped that the forthcoming mission would lead to remedial steps being taken in this long-standing situation.

The Committee took note of the information provided by the Government representative and of the discussion which had taken place. While expressing its great concern as regards the very serious situation, the Committee welcomed the request for ILO assistance and the request for a direct contacts mission. The Committee expressed the hope that this mission would assist in removing the various discrepancies which exist regarding the Convention, and that the Government would be able to report progress in the following year.

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Previous comment

The Committee notes with deep concern that the Government’s report has not been received. The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 30 August 2023, as well as those of the International Trade Union Confederation (ITUC), received on 27 September 2023, which once again refer to the extremely serious and violent crisis in the country, and the repercussions this has on the exercise of trade union rights, which are already particularly under threat. Taking note of the extent of the crisis in which the country is immersed at all levels, the Committee can only refer to its previous observation and direct request of 2020 and express the hope that the Government will be able to comment on all of the issues raised in the near future. To this end, the Committee reiterates that any request for technical assistance addressed by the Government to the Office will be acted upon as soon as possible.

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The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2022, which contain allegations of police repression during peaceful demonstrations and strikes, as well as obstacles to the registration of trade unions. The Committee also notes the observations of the Confederation of Public and Private Sector Workers (CTSP) and the Confederation of Haitian Workers (CTH), received on 2 November 2022, which refer to the extremely serious and violent crisis in the country, with the repercussions this has on the exercise of trade union rights, which are already particularly compromised. The Committee takes note of the extent of the crisis affecting the country at all levels and hopes that the Government will be able to comment on the issues raised in the near future.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

The Committee notes with deep concern that the Government’s report, due since 2014, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of whatever information is at its disposal. While being aware of the difficulties affecting the country, the Committee cannot but recall that it has been raising issues concerning the observance of the Convention in an observation and a direct request, including longstanding recommendations to bring the labour legislation into conformity with the Convention regarding provisions that unduly restrict: (i) the right of workers to establish and join organizations of their own choosing (minors, foreign workers, domestic workers); and (ii) the right of workers’ organizations to organize their activities in full freedom and to formulate their programmes.Not having received any additional observations from the social partners, nor having at its disposal any indication of progress on these pending matters, the Committee refers to its previous observation and direct request adopted in 2020 and urges the Government to provide a full reply thereto. To this end, the Committee expects that any request for technical assistance that the Government may address to the Office will be acted upon as soon as possible.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

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The Committee notes with deep concern that the Government’s report, due since 2014, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of whatever information is at its disposal. While being aware of the difficulties affecting the country, the Committee cannot but recall that it has been raising issues concerning the observance of the Convention in an observation and a direct request, including longstanding recommendations to bring the labour legislation into conformity with the Convention regarding provisions that unduly restrict: (i) the right of workers to establish and join organizations of their own choosing (minors, foreign workers, domestic workers); and (ii) the right of workers’ organizations to organize their activities in full freedom and to formulate their programmes. Not having received any additional observations from the social partners, nor having at its disposal any indication of progress on these pending matters, the Committee refers to its previous observation and direct request adopted in 2020 and urges the Government to provide a full reply thereto. To this end, the Committee expects that any request for technical assistance that the Government may address to the Office will be acted upon as soon as possible.

[The Government is asked to reply in full to the present comments in 2022.]

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The Committee notes with deep concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 2 and 3 of the Convention. Right of workers and employers to establish and join organizations of their own choosing. Right of workers’ organizations to organize their activities in full freedom. For many years, the Committee has been referring to the need to amend section 34 of the Decree of 4 November 1983, which confers powers upon the Social Organizations Service of the Labour Directory of the Ministry of Social Affairs and Labour which could lead to interference in the establishment and operation of trade unions. The Committee hopes that the Government will take advantage of the technical assistance provided by the Office with a view to harmonizing the provisions of the national legislation respecting the role of the Social Organizations Service, by amending section 34 of the Decree of 4 November 1983 so as to ensure that the second role attributed to the Service does not go beyond that recognized in the Labour Code, as it may be amended. The Committee requests the Government to provide a copy of any amendment adopted in this respect.

The Committee also recalls that several laws and regulations contain provisions respecting the bodies responsible for conciliation and arbitration (the Decree of 15 June 1990, amending the Decree of 16 January 1989 establishing a Tripartite Conciliation and Arbitration Commission; the Order of 4 January 1995 establishing a Consultation and Arbitration Commission; Chapter V of the Labour Code providing for a Higher Arbitration Board). The Committee once again requests the Government to indicate the manner in which these texts interlink and to provide information on the operation and activities of these bodies.

Finally, the Committee recalls that, in accordance with section 151 of the Decree of 17 May 2005 amending the Act of 1982 issuing the Public Service Regulations, “Freedom of association and the right to organize are guaranteed for public servants for the defence of their rights and under the conditions set out by law”. The Committee once again requests the Government to specify the conditions referred to in this section.

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The Committee takes note of the observations on the application of the Convention in practice submitted by the International Trade Union Confederation (ITUC) on 24 September 2020, which include allegations of violations of the right to organize in export processing zones. The Committee also takes note of the comments of Education International received on 1 October 2020, which denounce a challenge to the right of organizations to freely carry out their activities in the education sector. The Committee requests the Government to provide its comments in this respect.

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 1 September 2019, on matters covered by the present comment, as well as allegations of violations of trade union rights in practice. The Committee requests the Government to provide its comments in this respect.

The Committee notes the Government’s communication received on 30 October 2018 in which it informs the Committee that, further to the conclusions of the Conference Committee, it has requested ILO technical assistance with a view to helping in the presentation of the reports due, strengthening the inspection services, consolidating social dialogue for the continuation of social reforms, and addressing the other points raised by the Conference Committee. The Government adds that it hopes to receive the requested assistance before the next session of the International Labour Conference. The Committee hopes that this technical assistance will be provided without delay.

The Committee notes the observations of the Association of Haitian Industries (ADIH) received on 31 August 2018. It also notes the observations of the Confederation of Public and Private Sector Workers (CTSP) and the International Trade Union Confederation (ITUC), received on 1 September 2018, as well as the observations of the Trade Union Federation of Haiti (CSH), received on 29 August 2018, which relate to the application of the principles of freedom of association in practice.

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP) and the International Trade Union Confederation (ITUC), received on 30 August and 1 September 2017, respectively, which relate to the application of the principles of freedom of association in practice. The Committee requests the Government to provide its comments in this respect.

The Committee recalls that for many years it has been requesting the Government to amend the national legislation, and particularly the Labour Code, to bring it into conformity with the provisions of the Convention. The Committee recalls that its comments principally concerned:

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations of their choosing :

• – the need to amend sections 229 and 233 of the Labour Code in order to ensure that minors who have reached the statutory minimum age for admission to employment are allowed to exercise their trade union rights without parental authorization;
• – the need to amend section 239 of the Labour Code so as to allow foreign workers to serve as trade union officials, at least after a reasonable period of residence in the country;
• – the need to guarantee for domestic workers the rights laid down in the Convention (section 257 of the Labour Code provides that domestic work is not governed by the Labour Code, and the Act adopted by Parliament in 2009 to amend this provision – the Act has not yet been adopted, but the Government referred to it in its previous reports – also does not recognize the trade union rights of domestic workers).

Article 3. Right of workers’ organizations to organize their activities and formulate their programmes :

• – the need to revise the provisions of the Labour Code on compulsory arbitration in order to ensure that recourse to the latter is only possible to bring an end to a collective labour dispute or a strike in certain circumstances, namely: (1) when the two parties to the dispute so agree; or (2) when a strike may be restricted or prohibited, namely: (a) in the context of disputes involving officials who exercise authority in the name of the State; (b) in disputes in essential services in the strict sense of the term; or (c) in situations of acute national or local crisis, although only for a limited period and solely to the extent necessary to meet the requirements of the situation.

The Committee expects that with the technical assistance that it is receiving, particularly in view of the resumption of tripartite dialogue for the reform of the Labour Code, the Government will be in a position in its next report to indicate that progress has been achieved in the revision of the national legislation to bring it into full conformity with the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary measures in the near future.

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The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 2 and 3 of the Convention. Right of workers and employers to establish and join organizations of their own choosing. Right of workers’ organizations to organize their activities in full freedom. For many years, the Committee has been referring to the need to amend section 34 of the Decree of 4 November 1983, which confers powers upon the Social Organizations Service of the Labour Directory of the Ministry of Social Affairs and Labour which could lead to interference in the establishment and operation of trade unions. The Committee hopes that the Government will take advantage of the technical assistance provided by the Office with a view to harmonizing the provisions of the national legislation respecting the role of the Social Organizations Service, by amending section 34 of the Decree of 4 November 1983 so as to ensure that the second role attributed to the Service does not go beyond that recognized in the Labour Code, as it may be amended. The Committee requests the Government to provide a copy of any amendment adopted in this respect.

The Committee also recalls that several laws and regulations contain provisions respecting the bodies responsible for conciliation and arbitration (the Decree of 15 June 1990, amending the Decree of 16 January 1989 establishing a Tripartite Conciliation and Arbitration Commission; the Order of 4 January 1995 establishing a Consultation and Arbitration Commission; Chapter V of the Labour Code providing for a Higher Arbitration Board). The Committee once again requests the Government to indicate the manner in which these texts interlink and to provide information on the operation and activities of these bodies.

Finally, the Committee recalls that, in accordance with section 151 of the Decree of 17 May 2005 amending the Act of 1982 issuing the Public Service Regulations, “Freedom of association and the right to organize are guaranteed for public servants for the defence of their rights and under the conditions set out by law”. The Committee once again requests the Government to specify the conditions referred to in this section.

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The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 1 September 2019, on matters covered by the present comment, as well as allegations of violations of trade union rights in practice. The Committee requests the Government to provide its comments in this respect.

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

The Committee notes the Government’s communication received on 30 October 2018 in which it informs the Committee that, further to the conclusions of the Conference Committee, it has requested ILO technical assistance with a view to helping in the presentation of the reports due, strengthening the inspection services, consolidating social dialogue for the continuation of social reforms, and addressing the other points raised by the Conference Committee. The Government adds that it hopes to receive the requested assistance before the next session of the International Labour Conference. The Committee hopes that this technical assistance will be provided without delay.

The Committee notes the observations of the Association of Haitian Industries (ADIH) received on 31 August 2018. It also notes the observations of the Confederation of Public and Private Sector Workers (CTSP) and the International Trade Union Confederation (ITUC), received on 1 September 2018, as well as the observations of the Trade Union Federation of Haiti (CSH), received on 29 August 2018, which relate to the application of the principles of freedom of association in practice.

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP) and the International Trade Union Confederation (ITUC), received on 30 August and 1 September 2017, respectively, which relate to the application of the principles of freedom of association in practice. The Committee requests the Government to provide its comments in this respect.

The Committee recalls that for many years it has been requesting the Government to amend the national legislation, and particularly the Labour Code, to bring it into conformity with the provisions of the Convention. The Committee recalls that its comments principally concerned:

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations of their choosing :

• – the need to amend sections 229 and 233 of the Labour Code in order to ensure that minors who have reached the statutory minimum age for admission to employment are allowed to exercise their trade union rights without parental authorization;
• – the need to amend section 239 of the Labour Code so as to allow foreign workers to serve as trade union officials, at least after a reasonable period of residence in the country;
• – the need to guarantee for domestic workers the rights laid down in the Convention (section 257 of the Labour Code provides that domestic work is not governed by the Labour Code, and the Act adopted by Parliament in 2009 to amend this provision – the Act has not yet been adopted, but the Government referred to it in its previous reports – also does not recognize the trade union rights of domestic workers).

Article 3. Right of workers’ organizations to organize their activities and formulate their programmes :

• – the need to revise the provisions of the Labour Code on compulsory arbitration in order to ensure that recourse to the latter is only possible to bring an end to a collective labour dispute or a strike in certain circumstances, namely: (1) when the two parties to the dispute so agree; or (2) when a strike may be restricted or prohibited, namely: (a) in the context of disputes involving officials who exercise authority in the name of the State; (b) in disputes in essential services in the strict sense of the term; or (c) in situations of acute national or local crisis, although only for a limited period and solely to the extent necessary to meet the requirements of the situation.

The Committee expects that with the technical assistance that it is receiving, particularly in view of the resumption of tripartite dialogue for the reform of the Labour Code, the Government will be in a position in its next report to indicate that progress has been achieved in the revision of the national legislation to bring it into full conformity with the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary measures in the near future.

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The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2012.

Repetition

Articles 2 and 3 of the Convention. Right of workers and employers to establish and join organizations of their own choosing. Right of workers’ organizations to organize their activities in full freedom. For many years, the Committee has been referring to the need to amend section 34 of the Decree of 4 November 1983 which confers powers upon the Social Organizations Service of the Labour Directory of the Ministry of Social Affairs and Labour which could lead to interference in the establishment and operation of trade unions. The Committee hopes that the Government will take advantage of the technical assistance provided by the Office with a view to harmonizing the provisions of the national legislation respecting the role of the Social Organizations Service, by amending section 34 of the Decree of 4 November 1983 so as to ensure that the second role attributed to the Service does not go beyond that recognized in the Labour Code, as it may be amended. The Committee requests the Government to provide a copy of any amendment adopted in this respect.

The Committee also recalls that several laws and regulations contain provisions respecting the bodies responsible for conciliation and arbitration (the Decree of 15 June 1990, amending the Decree of 16 January 1989 establishing a Tripartite Conciliation and Arbitration Commission; the Order of 4 January 1995 establishing a Consultation and Arbitration Commission; Chapter V of the Labour Code providing for a Higher Arbitration Board). The Committee once again requests the Government to indicate the manner in which these texts interlink and to provide information on the operation and activities of these bodies.

Finally, the Committee recalls that, in accordance with section 151 of the Decree of 17 May 2005 amending the Act of 1982 issuing the Public Service Regulations, “Freedom of association and the right to organize are guaranteed for public servants for the defence of their rights and under the conditions set out by law”. The Committee once again requests the Government to specify the conditions referred to in this section.

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“The Committee notes the Government’s communication received on 30 October 2018 in which it informs the Committee that, further to the conclusions of the Conference Committee, it has requested ILO technical assistance with a view to helping in the presentation of the reports due, strengthening the inspection services, consolidating social dialogue for the continuation of social reforms, and addressing the other points raised by the Conference Committee. The Government adds that it hopes to receive the requested assistance before the next session of the International Labour Conference. The Committee hopes that this technical assistance will be provided without delay.”

The Committee notes the observations of the Association of Haitian Industries (ADIH) received on 31 August 2018. It also notes the observations of the Confederation of Public and Private Sector Workers (CTSP) and the International Trade Union Confederation (ITUC), received on 1 September 2018, as well as the observations of the Trade Union Federation of Haiti (CSH), received on 29 August 2018 which relate to the application of the principles of freedom of association in practice.

The Committee also notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2012.

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP) and the International Trade Union Confederation (ITUC), received on 30 August and 1 September 2017, respectively, which relate to the application of the principles of freedom of association in practice. The Committee requests the Government to provide its comments in this respect.

The Committee recalls that for many years it has been requesting the Government to amend the national legislation, and particularly the Labour Code, to bring it into conformity with the provisions of the Convention. The Committee recalls that its comments principally concerned:

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations of their choosing :

• – the need to amend sections 229 and 233 of the Labour Code in order to ensure that minors who have reached the statutory minimum age for admission to employment are allowed to exercise their trade union rights without parental authorization;
• – the need to amend section 239 of the Labour Code so as to allow foreign workers to serve as trade union officials, at least after a reasonable period of residence in the country;
• – the need to guarantee for domestic workers the rights laid down in the Convention (section 257 of the Labour Code provides that domestic work is not governed by the Labour Code, and the Act adopted by Parliament in 2009 to amend this provision – the Act has not yet been adopted, but the Government referred to it in its previous reports – also does not recognize the trade union rights of domestic workers).

Article 3. Right of workers’ organizations to organize their activities and formulate their programmes :

• – the need to revise the provisions of the Labour Code on compulsory arbitration in order to ensure that recourse to the latter is only possible to bring an end to a collective labour dispute or a strike in certain circumstances, namely: (1) when the two parties to the dispute so agree; or (2) when a strike may be restricted or prohibited, namely: (a) in the context of disputes involving officials who exercise authority in the name of the State; (b) in disputes in essential services in the strict sense of the term; or (c) in situations of acute national or local crisis, although only for a limited period and solely to the extent necessary to meet the requirements of the situation.

The Committee expects that with the technical assistance that it is receiving, particularly in view of the resumption of tripartite dialogue for the reform of the Labour Code, the Government will be in a position in its next report to indicate that progress has been achieved in the revision of the national legislation to bring it into full conformity with the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary measures in the near future.

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The Committee notes with concern that the Government’s report has not been received. It also notes that the Government was requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference in relation to the failure to provide reports and information on the application of ratified Conventions.

Articles 2 and 3 of the Convention. Right of workers and employers to establish and join organizations of their own choosing. Right of workers’ organizations to organize their activities in full freedom. For many years, the Committee has been referring to the need to amend section 34 of the Decree of 4 November 1983 which confers powers upon the Social Organizations Service of the Labour Directory of the Ministry of Social Affairs and Labour which could lead to interference in the establishment and operation of trade unions. The Committee hopes that the Government will take advantage of the technical assistance provided by the Office with a view to harmonizing the provisions of the national legislation respecting the role of the Social Organizations Service, by amending section 34 of the Decree of 4 November 1983 so as to ensure that the second role attributed to the Service does not go beyond that recognized in the Labour Code, as it may be amended. The Committee requests the Government to provide a copy of any amendment adopted in this respect.

The Committee also recalls that several laws and regulations contain provisions respecting the bodies responsible for conciliation and arbitration (the Decree of 15 June 1990, amending the Decree of 16 January 1989 establishing a Tripartite Conciliation and Arbitration Commission; the Order of 4 January 1995 establishing a Consultation and Arbitration Commission; Chapter V of the Labour Code providing for a Higher Arbitration Board). The Committee once again requests the Government to indicate the manner in which these texts interlink and to provide information on the operation and activities of these bodies.

Finally, the Committee recalls that, in accordance with section 151 of the Decree of 17 May 2005 amending the Act of 1982 issuing the Public Service Regulations, “Freedom of association and the right to organize are guaranteed for public servants for the defence of their rights and under the conditions set out by law”. The Committee once again requests the Government to specify the conditions referred to in this section.

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The Committee notes with deep concern that the Government’s report has not been received. In this regard, it also notes that the Government was requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference in view of the failure to provide reports and information on the application of ratified Conventions.

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP) and the International Trade Union Confederation (ITUC), received on 30 August and 1 September 2017, respectively, which relate to the application of the principles of freedom of association in practice. The Committee requests the Government to provide its comments in this respect.

The Committee recalls that for many years it has been requesting the Government to amend the national legislation, and particularly the Labour Code, to bring it into conformity with the provisions of the Convention. The Committee recalls that its comments principally concerned:

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations of their choosing :

• -the need to amend sections 229 and 233 of the Labour Code in order to ensure that minors who have reached the statutory minimum age for admission to employment are allowed to exercise their trade union rights without parental authorization;
• -the need to amend section 239 of the Labour Code so as to allow foreign workers to serve as trade union officials, at least after a reasonable period of residence in the country;
• -the need to guarantee for domestic workers the rights laid down in the Convention (section 257 of the Labour Code provides that domestic work is not governed by the Labour Code, and the Act adopted by Parliament in 2009 to amend this provision – the Act has not yet been adopted, but the Government referred to it in its previous reports – also does not recognize the trade union rights of domestic workers).

Article 3. Right of workers’ organizations to organize their activities and formulate their programmes :

• -the need to revise the provisions of the Labour Code on compulsory arbitration in order to ensure that recourse to the latter is only possible to bring an end to a collective labour dispute or a strike in certain circumstances, namely: (1) when the two parties to the dispute so agree; or (2) when a strike may be restricted or prohibited, namely: (a) in the context of disputes involving officials who exercise authority in the name of the State; (b) in disputes in essential services in the strict sense of the term; or (c) in situations of acute national or local crisis, although only for a limited period and solely to the extent necessary to meet the requirements of the situation.

The Committee expects that with the technical assistance that it is receiving, particularly in view of the resumption of tripartite dialogue for the reform of the Labour Code, the Government will be in a position in its next report to indicate that progress has been achieved in the revision of the national legislation to bring it into full conformity with the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary measures in the near future.

CMNT_TITLE

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 2 and 3 of the Convention. The Committee pointed out the need to amend section 34 of the Decree of 4 November 1983 entrusting the Social Organizations Service of the Labour Directorate of the Ministry of Social Affairs and Labour with duties that could lead to interference in the setting up and running of trade unions. The Committee hopes that in the context of the current review of the Labour Code the Government will make use of the assistance provided by the Office in order to harmonize the provisions of the legislation that address the role of the Social Organizations Service, by amending section 34 of the Decree of 4 November 1983 in order to ensure that the role attributed to the Service will not exceed that attributed by the Labour Code as amended. The Committee requests the Government to send a copy of any such amendments.

Furthermore, the Committee notes that a number of laws and regulations contain provisions on the bodies responsible for conciliation and arbitration (Decree of 15 June 1990, amending the Decree of 16 January 1989, setting up a tripartite committee on conciliation and arbitration; the Order of 4 January 1995 setting up a consultation and arbitration committee; Chapter V of the Labour Code providing for a higher arbitration council). The Committee requests the Government to indicate the manner in which these texts interlink and to provide information on the operation and activities of these bodies.

More generally, the Committee draws the Government’s attention to the need to harmonize its legislation, making use of the Office’s technical assistance in the context of the reform of the Labour Code, ensuring in particular that any laws and regulations that prove to be inconsistent with the provisions of the new Labour Code are repealed.

Lastly, the Committee notes section 151 of the Decree of 17 May 2005 amending the Act of 1982 issuing the public service regulations which provides that: “Freedom of association and the right to organize are guaranteed for public servants for the defence of their rights and in the conditions set by law.” The Committee requests the Government to specify the conditions referred to in section 151.

CMNT_TITLE

The Committee notes the observations of the International Organisation of Employers (IOE) in a communication received on 1 September 2016 which are of a general nature.

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2015 and of the Confederation of Workers of the Public and Private Sectors (CTSP) received on 31 August 2015 concerning alleged violations of freedom of association in the public and private sectors, including acts of interference in trade union activities. It requests the Government to provide its comments in this respect.

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

The Committee takes note of the observations provided by the International Trade Union Confederation (ITUC) in a communication received on 1 September 2014. The Committee requests the Government to provide its comments in this regard.

The Committee has for many years been asking the Government to amend the national legislation, particularly the Labour Code, in order to align it with the provisions of the Convention. In previous comments, the Committee made the following points:

Article 2 of the Convention. Right of workers, without distinction whatsoever, to form and join organizations of their choosing.

• – The need to amend articles 229 and 233 of the Labour Code in order to ensure that minors who have reached the statutory minimum age for admission to employment are allowed to exercise their trade union rights without parental authorization.
• – The need to amend section 239 of the Labour Code so as to allow foreign workers to serve as trade union officials, at least after a reasonable period of residence in the country.
• – The need to guarantee for domestic workers the rights laid down in the Convention (section 257 of the Labour Code establishes that domestic work is not governed by the Code, and the Act adopted by Parliament in 2009 to amend this provision – which has not yet been promulgated but to which the Government referred in its previous reports – likewise omits the trade union rights of domestic workers).

Article 3. Right of workers’ organizations to organize their activities and formulate their programmes.

• – The need to revise the Labour Code’s provisions on compulsory arbitration so as to ensure that recourse to the latter in order to end a collective labour dispute or a strike may be had only in specific circumstances, namely: (1) when the two parties to the dispute so agree; or (2) where a strike may be restricted, or prohibited, namely: (a) in disputes involving officials who exercise authority in the name of the State; (b) in disputes in essential services in the strict sense of the term; or (c) in situations of acute national or local crisis, although only for a limited period and solely to the extent necessary to meet the requirements of the situation.

While aware of the difficulties the country is facing, the Committee trusts that with the technical assistance it is receiving, in particular for the reform of the Labour Code, and with the political will reaffirmed by the Government, the latter will be in a position in its next report to provide information on progress made in revising the national legislation to bring it fully into conformity with the Convention. The Committee requests the Government to provide copies of any new texts adopted.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 2 and 3 of the Convention. The Committee pointed out the need to amend section 34 of the Decree of 4 November 1983 entrusting the Social Organizations Service of the Labour Directorate of the Ministry of Social Affairs and Labour with duties that could lead to interference in the setting up and running of trade unions. The Committee hopes that in the context of the current review of the Labour Code the Government will make use of the assistance provided by the Office in order to harmonize the provisions of the legislation that address the role of the Social Organizations Service, by amending section 34 of the Decree of 4 November 1983 in order to ensure that the role attributed to the Service will not exceed that attributed by the Labour Code as amended. The Committee requests the Government to send a copy of any such amendments.

Furthermore, the Committee notes that a number of laws and regulations contain provisions on the bodies responsible for conciliation and arbitration (Decree of 15 June 1990, amending the Decree of 16 January 1989, setting up a tripartite committee on conciliation and arbitration; the Order of 4 January 1995 setting up a consultation and arbitration committee; Chapter V of the Labour Code providing for a higher arbitration council). The Committee requests the Government to indicate the manner in which these texts interlink and to provide information on the operation and activities of these bodies.

More generally, the Committee draws the Government’s attention to the need to harmonize its legislation, making use of the Office’s technical assistance in the context of the reform of the Labour Code, ensuring in particular that any laws and regulations that prove to be inconsistent with the provisions of the new Labour Code are repealed.

Lastly, the Committee notes section 151 of the Decree of 17 May 2005 amending the Act of 1982 issuing the public service regulations which provides that: “Freedom of association and the right to organize are guaranteed for public servants for the defence of their rights and in the conditions set by law.” The Committee requests the Government to specify the conditions referred to in section 151.

CMNT_TITLE

The Committee takes note of the observations provided by the International Organisation of Employers (IOE) in a communication received on 1 September 2015.

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2015 and of the Confederation of Workers of the Public and Private Sectors (CTSP) received on 31 August 2015 concerning alleged violations of freedom of association in the public and private sectors, including acts of interference in trade union activities. It requests the Government to provide its comments in this respect.

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

The Committee takes note of the observations provided by the International Trade Union Confederation (ITUC) in a communication received on 1 September 2014. The Committee requests the Government to provide its comments in this regard.

The Committee has for many years been asking the Government to amend the national legislation, particularly the Labour Code, in order to align it with the provisions of the Convention. In previous comments, the Committee made the following points:

Article 2 of the Convention. Right of workers, without distinction whatsoever, to form and join organizations of their choosing.

• – The need to amend articles 229 and 233 of the Labour Code in order to ensure that minors who have reached the statutory minimum age for admission to employment are allowed to exercise their trade union rights without parental authorization.
• – The need to amend section 239 of the Labour Code so as to allow foreign workers to serve as trade union officials, at least after a reasonable period of residence in the country.
• – The need to guarantee for domestic workers the rights laid down in the Convention (section 257 of the Labour Code establishes that domestic work is not governed by the Code, and the Act adopted by Parliament in 2009 to amend this provision – which has not yet been promulgated but to which the Government referred in its previous reports – likewise omits the trade union rights of domestic workers).

Article 3. Right of workers’ organizations to organize their activities and formulate their programmes.

• – The need to revise the Labour Code’s provisions on compulsory arbitration so as to ensure that recourse to the latter in order to end a collective labour dispute or a strike may be had only in specific circumstances, namely: (1) when the two parties to the dispute so agree; or (2) where a strike may be restricted, or prohibited, namely: (a) in disputes involving officials who exercise authority in the name of the State; (b) in disputes in essential services in the strict sense of the term; or (c) in situations of acute national or local crisis, although only for a limited period and solely to the extent necessary to meet the requirements of the situation.

While aware of the difficulties the country is facing, the Committee trusts that with the technical assistance it is receiving, in particular for the reform of the Labour Code, and with the political will reaffirmed by the Government, the latter will be in a position in its next report to provide information on progress made in revising the national legislation to bring it fully into conformity with the Convention. The Committee requests the Government to provide copies of any new texts adopted.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Articles 2 and 3 of the Convention. The Committee pointed out the need to amend section 34 of the Decree of 4 November 1983 entrusting the Social Organizations Service of the Labour Directorate of the Ministry of Social Affairs and Labour with duties that could lead to interference in the setting up and running of trade unions. The Committee hopes that in the context of the current review of the Labour Code the Government will make use of the assistance provided by the Office in order to harmonize the provisions of the legislation that address the role of the Social Organizations Service, by amending section 34 of the Decree of 4 November 1983 in order to ensure that the role attributed to the Service will not exceed that attributed by the Labour Code as amended. The Committee requests the Government to send a copy of any such amendments.

Furthermore, the Committee notes that a number of laws and regulations contain provisions on the bodies responsible for conciliation and arbitration (Decree of 15 June 1990, amending the Decree of 16 January 1989, setting up a tripartite committee on conciliation and arbitration; the Order of 4 January 1995 setting up a consultation and arbitration committee; Chapter V of the Labour Code providing for a higher arbitration council). The Committee requests the Government to indicate the manner in which these texts interlink and to provide information on the operation and activities of these bodies.

More generally, the Committee draws the Government’s attention to the need to harmonize its legislation, making use of the Office’s technical assistance in the context of the reform of the Labour Code, ensuring in particular that any laws and regulations that prove to be inconsistent with the provisions of the new Labour Code are repealed.

Lastly, the Committee notes section 151 of the Decree of 17 May 2005 amending the Act of 1982 issuing the public service regulations which provides that: “Freedom of association and the right to organize are guaranteed for public servants for the defence of their rights and in the conditions set by law.” The Committee requests the Government to specify the conditions referred to in section 151.

CMNT_TITLE

The Committee takes note of the observations provided by the International Trade Union Confederation (ITUC) in a communication received on 1 September 2014. The Committee requests the Government to provide its comments in this regard.

The Committee takes note of the observations provided by the International Organisation of Employers (IOE) in a communication received on 1 September 2014.

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

The Committee has for many years been asking the Government to amend the national legislation, particularly the Labour Code, in order to align it with the provisions of the Convention. In its previous observations the Committee noted that the Government had reported the establishment of a committee to consider the reform of the Labour Code and that in the revision of the Labour Code the Committee’s comments would be taken into account and that, to that end, it was receiving technical assistance from the Office. The Committee accordingly expressed the hope that the Government would continue to benefit from the Office’s technical assistance so that real progress could be made in revising the legislation to bring it fully into conformity with the Convention. The Committee notes in this connection the technical assistance the country continued to receive in 2012, particularly in the ongoing work to reform the Labour Code. The Committee notes that in its report, the Government reiterates that the social partners have begun to submit their suggestions for the new Code and that it has reason to believe that the reform will address the points raised by the Committee. In previous comments, the Committee made the following points:

Article 2 of the Convention. Right of workers, without distinction whatsoever, to form and join organizations of their choosing.

• – The need to amend articles 229 and 233 of the Labour Code in order to ensure that minors who have reached the statutory minimum age for admission to employment are allowed to exercise their trade union rights without parental authorization.
• – The need to amend section 239 of the Labour Code so as to allow foreign workers to serve as trade union officials, at least after a reasonable period of residence in the country.
• – The need to guarantee for domestic workers the rights laid down in the Convention (section 257 of the Labour Code establishes that domestic work is not governed by the Code, and the Act adopted by Parliament in 2009 to amend this provision – which has not yet been promulgated but to which the Government referred in its previous reports – likewise omits the trade union rights of domestic workers).

Article 3. Right of workers’ organizations to organize their activities and formulate their programmes.

• – The need to revise the Labour Code’s provisions on compulsory arbitration so as to ensure that recourse to the latter in order to end a collective labour dispute or a strike may be had only in specific circumstances, namely: (1) when the two parties to the dispute so agree; or (2) where a strike may be restricted, or prohibited, namely: (a) in disputes involving officials who exercise authority in the name of the State; (b) in disputes in essential services in the strict sense of the term; or (c) in situations of acute national or local crisis, although only for a limited period and solely to the extent necessary to meet the requirements of the situation.

While aware of the difficulties the country is facing, the Committee trusts that with the technical assistance it is receiving, in particular for the reform of the Labour Code, and with the political will reaffirmed by the Government, the latter will be in a position in its next report to provide information on progress made in revising the national legislation to bring it fully into conformity with the Convention. The Committee requests the Government to provide copies of any new texts adopted.

The Committee recalls that it raised other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

For many years the Committee has been asking the Government to amend certain provisions of the legislation (other than those of the Labour Code that it examined in its observation) in order to bring it into conformity with the Convention.

Articles 2 and 3 of the Convention. In particular, the Committee pointed out the need to amend section 34 of the Decree of 4 November 1983 entrusting the Social Organizations Service of the Labour Directorate of the Ministry of Social Affairs and Labour with duties that could lead to interference in the setting up and running of trade unions. The Committee hopes that in the context of the current review of the Labour Code the Government will make use of the assistance provided by the Office in order to harmonize the provisions of the legislation that address the role of the Social Organizations Service, by amending section 34 of the Decree of 4 November 1983 in order to ensure that the role attributed to the Service will not exceed that attributed by the Labour Code as amended. The Committee requests the Government to send a copy of any such amendments.

Furthermore, the Committee notes that a number of laws and regulations contain provisions on the bodies responsible for conciliation and arbitration (Decree of 15 June 1990, amending the Decree of 16 January 1989, setting up a tripartite committee on conciliation and arbitration; the Order of 4 January 1995 setting up a consultation and arbitration committee; Chapter V of the Labour Code providing for a higher arbitration council). The Committee requests the Government to indicate the manner in which these texts interlink and to provide information on the operation and activities of these bodies.

More generally, the Committee draws the Government’s attention to the need to harmonize its legislation, making use of the Office’s technical assistance in the context of the reform of the Labour Code, ensuring in particular that any laws and regulations that prove to be inconsistent with the provisions of the new Labour Code are repealed.

Lastly, the Committee notes section 151 of the Decree of 17 May 2005 amending the Act of 1982 issuing the public service regulations which provides that: “Freedom of association and the right to organize are guaranteed for public servants for the defence of their rights and in the conditions set by law.” The Committee requests the Government to specify the conditions referred to in section 151.

CMNT_TITLE

The Committee takes note of the Government’s reply to the comments of 4 August 2011 by the International Trade Union Confederation (ITUC) that referred in particular to acts of violence against demonstrators and the murder of two trade unionists in the transport sector. The Committee notes in particular the indication that one of the trade unionists fell foul of the general climate of insecurity in the country leading up to the elections of 2010 and that the other died following an illness. It also notes the ITUC’s new comments of 31 July 2012, some of which concern legislative issues already raised by the Committee.

The Committee has for many years been asking the Government to amend the national legislation, particularly the Labour Code, in order to align it with the provisions of the Convention. In its previous observations the Committee noted that the Government had reported the establishment of a committee to consider the reform of the Labour Code and that in the revision of the Labour Code the Committee’s comments would be taken into account and that, to that end, it was receiving technical assistance from the Office. The Committee accordingly expressed the hope that the Government would continue to benefit from the Office’s technical assistance so that real progress could be made in revising the legislation to bring it fully into conformity with the Convention. The Committee notes in this connection the technical assistance the country continued to receive in 2012, particularly in the ongoing work to reform the Labour Code. The Committee notes that in its report, the Government reiterates that the social partners have begun to submit their suggestions for the new Code and that it has reason to believe that the reform will address the points raised by the Committee. In previous comments, the Committee made the following points:

Article 2 of the Convention. Right of workers, without distinction whatsoever, to form and join organizations of their choosing.

• -The need to amend articles 229 and 233 of the Labour Code in order to ensure that minors who have reached the statutory minimum age for admission to employment are allowed to exercise their trade union rights without parental authorization.
• -The need to amend section 239 of the Labour Code so as to allow foreign workers to serve as trade union officials, at least after a reasonable period of residence in the country.
• -The need to guarantee for domestic workers the rights laid down in the Convention (section 257 of the Labour Code establishes that domestic work is not governed by the Code, and the Act adopted by Parliament in 2009 to amend this provision – which has not yet been promulgated but to which the Government referred in its previous reports – likewise omits the trade union rights of domestic workers).

Article 3. Right of workers’ organizations to organize their activities and formulate their programmes.

• -The need to revise the Labour Code’s provisions on compulsory arbitration so as to ensure that recourse to the latter in order to end a collective labour dispute or a strike may be had only in specific circumstances, namely: (1) when the two parties to the dispute so agree; or (2) where a strike may be restricted, or prohibited, namely: (a) in disputes involving officials who exercise authority in the name of the State; (b) in disputes in essential services in the strict sense of the term; or (c) in situations of acute national or local crisis, although only for a limited period and solely to the extent necessary to meet the requirements of the situation.

While aware of the difficulties the country is facing, the Committee trusts that with the technical assistance it is receiving, in particular for the reform of the Labour Code, and with the political will reaffirmed by the Government, the latter will be in a position in its next report to provide information on progress made in revising the national legislation to bring it fully into conformity with the Convention. The Committee requests the Government to provide copies of any new texts adopted.

Furthermore, the Committee notes with interest that a tripartite training course on international labour standards and the ILO supervisory system, was organized by the Office in July 2012 in Port-au-Prince for stakeholders in the garment sector, as a first stage in the process to build capacity in the area of international labour standards in Haiti. The Committee hopes that this process will continue with technical assistance from the Office.

Lastly, concerning its comments on the need to revise section 236 of the Penal Code, under which government consent is required for the establishment of an association of more than 20 members, the Committee notes the information supplied by the Government to the effect that this provision does not apply to trade unions.

The Committee raises other matters in a request addressed directly to the Government.

CMNT_TITLE

The Committee notes the comments of the International Trade Union Confederation (ITUC), dated 4 August 2011, which refer to matters that have already been raised, as well as to acts of violence by the forces of order against demonstrators and the murder of two trade unionists in the transport sector. In general terms, the Committee recalls that the guarantees set out in international labour Conventions, in particular those relating to freedom of association, can only be effective if the civil and political rights enshrined in the Universal Declaration of Human Rights and other international instruments, notably the International Covenant on Civil and Political Rights, are genuinely recognized and protected (see the 1994 General Survey on freedom of association and collective bargaining, paragraph 43). The Committee requests the Government to provide its observations on the matters raised by the ITUC in 2010 and 2011.

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to reiterate its previous observation, which read as follows:

Amendment of the legislation. The Committee recalls that it has been asking the Government for many years to amend the national legislation to bring it into conformity with the requirements of the Convention through:

• – the amendment of section 34 of the Decree of 4 November 1983 which gives the Government broad powers of supervision over trade unions;
• – the amendment of sections 185, 190, 199, 200 and 206 of the Labour Code, which allow for compulsory arbitration at the request of only one party to a labour dispute;
• – the amendment of sections 233 and 239 of the Labour Code so as to remove the impediments to the right of association of minors and to allow foreign workers to have access to trade union office, at least after a reasonable period of residence in the country; and
• – the repeal or amendment of section 236 of the Penal Code, under which government consent is required for the establishment of an association of over 20 members. In this regard, the Committee previously recalled that, under Article 2 of the Convention, workers and employers, without distinction whatsoever, shall have the right to establish organizations of their own choosing without previous authorization. Consequently, any legislation which requires prior approval at the discretion of the authorities of the statutes and by-laws of representative organizations of workers or employers is incompatible with the provisions of the Convention.

The Committee noted previously that the Government had reported the establishment of a committee to consider the reform of the Labour Code with a view to amending the legal framework. The Government also indicated that the revision of the Labour Code would take into account the Committee’s comments on the various matters raised and that, to that end, it was already benefiting from technical assistance from the Office. While aware of the difficulties currently facing the country, the Committee trusts that the Government’s next report will indicate real progress in the revision of the national legislation to bring it into full conformity with the Convention on all the points raised. The Committee hopes that the Government will continue to benefit from the technical assistance of the Office in this regard and requests it to send a copy of any new text adopted.

The Committee previously requested the Government to take all the necessary measures to ensure that domestic workers and rural workers explicitly benefit from the right to organize. The Government indicated that workers in the agricultural sector benefit from the same trade union rights as those in the commercial sector and in industry under section 383 of the Labour Code. With regard to domestic workers, a law on the improvement of the living conditions of this category of workers has already been approved by Parliament and would be promulgated soon. The Committee notes this information and requests the Government to send a copy of the new Act respecting domestic workers, once promulgated, and to indicate the provisions which recognize the trade union rights that these workers exercise in accordance with the Convention.

Finally, the Committee repeats its request to the Government to provide a copy of the Decree of 17 July 2005 amending the 1982 Act issuing the conditions of service in the public service.

CMNT_TITLE

The Committee notes the observations of the International Trade Union Confederation (ITUC), dated 29 August 2008 and 26 August 2009, concerning matters already raised by the Committee in its previous observation, in particular the difficulties in exercising trade union rights in the context of an economic and social crisis, ineffective dispute resolution mechanisms and difficulties in exercising the right to strike. In general, the Committee recalls that, while the State has a duty to promote and defend a social climate where respect of the law reigns as the only way of guaranteeing respect for and protection of life, the development of free and independent organizations and negotiation with all those involved in social dialogue is at the same time indispensable to enable a government to confront its social and economic problems and resolve them in the best interests of the workers and the nation. The Committee requests the Government to provide its comments on the matters raised by the ITUC.

Amendment of the legislation. The Committee recalls that it has been asking the Government for many years to amend the national legislation to bring it into conformity with the requirements of the Convention through:

–           the amendment of section 34 of the Decree of 4 November 1983 which gives the Government broad powers of supervision over trade unions;

–           the amendment of sections 185, 190, 199, 200 and 206 of the Labour Code, which allow for compulsory arbitration at the request of only one party to a labour dispute;

–           the amendment of sections 233 and 239 of the Labour Code so as to remove the impediments to the right of association of minors and to allow foreign workers to have access to trade union office, at least after a reasonable period of residence in the country; and

–           the repeal or amendment of section 236 of the Penal Code, under which government consent is required for the establishment of an association of over 20 members. In this regard, the Committee previously recalled that, under Article 2 of the Convention, workers and employers, without distinction whatsoever, shall have the right to establish organizations of their own choosing without previous authorization. Consequently, any legislation which requires prior approval at the discretion of the authorities of the statutes and by-laws of representative organizations of workers or employers is incompatible with the provisions of the Convention.

The Committee notes that the Government’s report mentions the establishment of a committee to consider a reform of the Labour Code with a view to amending the legal framework. The Government also indicates that the revision of the Labour Code will take into account the Committee’s comments on the various matters raised and that, to that end, it is already benefiting from technical assistance from the Office. Finally, the Government indicates that the right of association of minors is in fact now recognized since the ratification by Haiti of the international Convention on the Rights of the Child and will be incorporated into law and that section 236 of the Penal Code is not in fact applied but the Secretariat of State responsible for judicial reform will amend this section of the Penal Code in the context of modernizing the legal texts. The Committee notes the Government’s statements concerning the legislative amendments currently being made. While it is aware of the difficulties that the country is currently facing, the Committee hopes that the Government’s next report will indicate tangible progress in the revision of the national legislation to bring it into full conformity with the Convention on all the points raised. The Committee hopes that the Government will continue to benefit from the technical assistance provided by the Office in this regard and requests it to send a copy of any new text adopted.

The Committee previously requested the Government to take all the necessary measures to ensure that domestic workers and rural workers explicitly benefit from the right to organize. In its report, the Government indicates that workers in the rural sector benefit from the same trade union rights as those in the commercial sector and industry under section 383 of the Labour Code. With regard to domestic workers, a law on the improvement of the living conditions of this category of workers has already been approved by parliament and will be promulgated soon. The Committee notes this information and requests the Government to send a copy of the new law concerning domestic workers once promulgated and to indicate the provisions which recognize the right of these workers to exercise trade union rights in accordance with the Convention.

Finally, the Committee repeats its request to the Government to provide a copy of the Decree of 17 July 2005 amending the 1982 Act issuing the conditions of service in the public service.

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The Committee recalls that in its previous comments it requested the Government to reply to the observations of the ITUC relating to a raid by armed police at the premises of a trade union centre, the Trade Union Coordination of Haiti, and the murder of a delegate of the Union of Federated Cooperative Drivers. In this respect, the Committee notes the Government’s rebuttal in its report of the ITUC’s allegations and its indication that various investigations have been conducted by the police authorities and that no reference has ever been made to the death of a member of this union. The Government adds that there have been no further violations of freedom of association since the establishment of the rule of law following the June 2006 elections. The Committee notes these indications. It recalls that a free and independent trade union movement can only develop in conditions in which fundamental human rights are respected and that all States have an undeniable duty to defend a social climate where respect for the law reigns as the only way of guaranteeing respect for and protection of individuals. The Committee notes the latest communication from the ITUC dated 29 August 2008, which is currently being translated. The matters raised therein will be taken into consideration during the next examination of the application of the Convention.

Amendment of the legislation. The Committee recalls once again that its comments have for many years referred to the need to take measures in relation to the national legislation to bring it into conformity with the requirements of the Convention through:

–      the amendment of section 34 of the Decree of 4 November 1983 which gives the Government broad powers of supervision over trade unions, and sections 185, 190, 199, 200 and 206 of the Labour Code, which allow for compulsory arbitration at the request of only one party to a labour dispute;

–      the amendment of sections 233 and 239 of the Labour Code so as to remove the impediments to the right of association of minors and to allow foreign workers to have access to trade union office, at least after a reasonable period of residence in the country; and

–      the repeal or amendment of section 236 of the Penal Code, under which government consent is required for the establishment of an association of over 20 members. In this respect, the Committee notes the Government’s indication that the formality of the legal registration of associations by the Directorate of Labour offers them an opportunity to carry out administrative procedures and does not constitute interference in their affairs. The Committee wishes to recall that, under the terms of Article 2 of the Convention, workers and employers, without distinction whatsoever, shall have the right to establish organizations of their own choosing without previous authorization. Accordingly, any legislation which requires prior approval at the discretion of the authorities of the statutes and by-laws of representative organizations of workers or employers is incompatible with the provisions of the Convention.

In general terms, the Committee notes the Government’s indication that a Secretariat of State responsible for judicial reform was appointed in June 2006, but that the political troubles prevented it from reporting on the progress of its work. The Government adds that it is engaged in the modernization of legal texts and is pursuing the work that has been commenced. The Committee trusts that the Government’s next report will indicate tangible progress in the revision of the national legislation to bring it fully into conformity with the Convention. It requests the Government to take into account in this respect all the points raised and hopes that it will be possible to continue the technical assistance provided to the Government by the Office on these issues.

Finally, the Committee previously requested the Government to specify the texts ensuring and governing the trade union rights of workers in the rural sector and of domestic workers and noted that they were excluded from the scope of the provisions on freedom of association in the Labour Code. Furthermore, with a view to assessing more fully the recognition of the right to organize of public officials, the Committee also requested the Government to provide a copy of the Decree of 17 July 2005 amending the Act of 1982 issuing the conditions of service of the public service. The Committee notes that the Government confines itself to indicating that workers in the rural sector and domestic workers are protected by the Labour Code. However, the Committee recalls that it noted previously that, under the terms of sections 257 (domestic workers) and 381 (workers in the rural sector) of the Labour Code, the provisions of the Labour Code respecting the exercise of the right to organize were not applicable to them. The Committee therefore requests the Government to take all the necessary measures (through an amendment to the Labour Code or the adoption of a specific text) to ensure that domestic workers and workers in the rural sector explicitly benefit from the right to organize. The Committee urges the Government to indicate any progress achieved in this respect and to provide a copy of the Decree of 17 July 2005 amending the 1982 Act issuing the conditions of service in the public service.

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The Committee notes that the Government’s report has not been received.

1. Comments from the ICFTU (now ITUC – International Trade Union Confederation) and the ITUC. In its previous observation, the Committee noted a communication from the International Confederation of Free Trade Unions (ICFTU) dated 10 August 2006, which referred to a raid carried out by armed policemen at the premises of a higher level trade union organization, the Trade Union Confederation of Haiti (CSH). The Committee notes the communication from the ITUC dated 28 August 2007, which refers to legislative issues already addressed by the Committee in relation to dispute settlement mechanisms and the exercise of the right to strike. The Committee requests the Government to send its comments on the observations of the ICFTU and the ITUC and to indicate whether an inquiry has been launched into the murder of trade union delegate Guillaume Lafontant and, if so, to inform it of the outcome of the inquiry and any subsequent action taken.

2. Amendment of the legislation. The Committee recalls that for many years now its comments have referred to the need to:

–           take steps to amend section 34 of the Decree of 4 November 1983, which gives the Government broad powers of supervision over trade unions, and sections 185, 190, 199, 200 and 206 of the Labour Code, which allow for compulsory arbitration at the request of only one party to a labour dispute;

–           bring national legislation into line with the provisions of article 35 of the Constitution of 1987, which guarantees freedom of association and protection of workers’ rights in both the public and the private sectors;

–           amend sections 233, 239 and 257 of the Labour Code, so as to remove all impediments to the right of association of minors and domestic workers and give foreign workers access to trade union office, at least after a reasonable period of residence in the country; and

–           repeal or amend section 236 of the Penal Code, under which government consent is required for the establishment of an association of more than 20 members.

The Committee recalls the Government’s indication that the Labour Code has been under revision since April 2000, but that, due to political troubles and the absence of Parliament, it has not been possible to complete the new draft. The Committee hopes that the Government’s next report will indicate that progress has been made in reviewing national legislation for the purposes of bringing it into line with the Convention and trusts that all the points mentioned will be taken into consideration. The Committee reminds the Government that it may request technical assistance from the Office.

3. Finally, the Committee previously noted that certain categories of workers, such as public service employees, workers in the rural sector, independent workers and domestic workers, were excluded from the scope of the Labour Code. It asked the Government to specify the texts ensuring and governing the trade union rights of workers in the rural sector, independent workers and domestic workers. It also asked the Government to provide a copy of the Decree of 17 July 2005 amending the Act of 1982 regulating the public service. The Committee urges the Government to provide the information and text requested.

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The Committee notes the Government’s reply to the comments sent by the International Confederation of Free Trade Unions (ICFTU) on 31 August 2005. The Committee recalls that these comments mainly concerned legislative issues that had already been examined in connection with dispute settlement mechanisms and the exercising of the right to strike, although the following issues were also referred to:

–      The exclusion of certain categories of workers from the scope of the Labour Code, such as public service employees, farmers, independent workers and domestic workers. In this respect, the Committee notes the Government’s indications that public service employees are covered by specific legislation, namely the Act of 1982 regulating the public service, which was recently revised by a decree dated 17 July 2005. The Committee asks the Government to provide a copy of this text with its next report and to specify the texts governing the trade union rights of farmers, independent workers and domestic workers, in so far as these categories, like public service employees, are not covered by the Labour Code.

–      The allegations of murder, arrests, persecution and physical aggression involving trade union leaders, and acts of violence committed in the Ouanaminthe free zone. The Committee notes that, according to the Government, the trade union rights violations were committed at the level of the political police of the former regime, that the labour administration practiced at present in Haiti is independent of political issues, and that the organizations have regular and normal relations with the Labour Directorate. The Committee recalls that freedom of association can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of trade unions, and that it is the Government’s responsibility to ensure compliance with this principle. The Committee asks the Government to keep it informed of the outcome of any inquiry into all the alleged incidents, in particular the murder of the trade union delegate Guillaume Lafontant.

The Committee also recalls that for many years now its comments have referred to the need to:

–      take steps to amend section 34 of the Decree of 4 November 1983, which gives the Government broad powers of supervision over trade unions, and sections 185, 190, 199, 200 and 206 of the Labour Code, which allow for compulsory arbitration at the request of only one party to a labour dispute;

–      bring national legislation into line with the provisions of article 35 of the Constitution of 1987, which guarantees freedom of association and protection of workers’ rights in both the public and the private sectors;

–      amend sections 233, 239 and 257 of the Labour Code, so as to remove all impediments to the right of association of minors and domestic workers and give foreign workers access to trade union office, at least after a reasonable period of residence in the host country; and

–      repeal or amend section 236 of the Penal Code, under which Government consent is required for the establishment of an association of more than 20 members.

The Committee also notes the Government’s information indicating that the Labour Directorate, through the Conciliation Service, intervenes in labour disputes and sets out to resolve them by practising “amiable composition”, and that, in the event of the failure of conciliation, disputes are referred to the court of law and notably to the labour tribunal for a final decision. The Committee also notes that, according to the Government, the Labour Code has been under revision since April 2000, but that, due to political troubles and the absence of parliament, it has not been possible to complete the new draft. While recalling that, in its 2005 report, the Government had undertaken to facilitate the alignment of Haiti’s legislation with the provisions of the Convention and that the Government may request the technical assistance of the Office for this purpose, the Committee hopes that it will be possible to observe some progress in this regard when it examines all these issues within the context of the regular report examination cycle in 2007.

Finally, the Committee notes the communication from the ICFTU dated 10 August 2006, which refers to issues already examined by the Committee in its previous comments, and the raid carried out by armed policemen at the premises of a higher level trade union organization. The Committee requests the Government to include its comments on these matters in its next report.

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The Committee notes the Government’s report. It also notes the comments sent by the International Confederation of Free Trade Unions (ICFTU) on 31 August 2005. The main issues raised by the ICFTU are the exclusion of certain categories of workers from the scope of the Labour Code, shortcomings in the machinery for mediation, consultation and arbitration, and restrictions on the right to strike. The ICFTU also reports numerous examples of breaches of trade union rights in practice, including anti-union intimidation and violence, death threats, homicides, unlawful dismissals. The Committee asks the Government to communicate its comments on these observations.

The Committee notes that the Government undertakes to work towards:

–      facilitating the alignment of Haiti’s legislation with the provisions of the Convention;

–      amending section 34 of the Decree of 4 November 1983 which gives the Government broad powers of supervision over trade unions, and sections 185, 190, 199, 200 and 206 of the Labour Code, which allows compulsory arbitration at the request of only one party to a labour dispute;

–      harmonizing the national legislation with the provisions of Article 35 of the Constitution of 1987, which guarantees freedom of association and protection of workers’ rights in both the public and the private sectors:

–      amending sections 233, 239 and 257 of the Labour Code so as to remove all impediments to the right of association of minors and domestic workers and to give foreign workers access to trade union office, at least after a reasonable period of residence in the host country.

In its previous comments, the Committee also addressed the need to repeal or amend section 236 of the Penal Code, under which Government consent is required for the establishment of an association of more than 20 members. It hopes that the Government will take the necessary steps in the near future to make its legislation fully consistent with the Convention, including on this subject. The Committee asks  the Government to provide detailed information in its next report on any progress made in this regard and to send copies of any texts adopted in connection with the matters raised above. The Committee reminds the Government that it may avail itself of the ILO’s technical assistance.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee drew the Government’s attention to certain provisions of the Decree of 24 February 1984 updating the Labour Code of 12 September 1961.

1. The right to organize of minors (Article 2 of the Convention). Recalling that all workers have the right to organize, the Committee notes that, under article 233, parents or other responsible persons may prevent minors of less than 18 years from exercising the right to organize. The Committee recalls that the Convention guarantees to all workers, without distinction whatsoever, the right to establish and join organizations. The Committee requests the Government to indicate the measures taken or envisaged to establish that minors legally entitled to work, including as apprentices, may join trade unions.

2. The right of workers, without distinction whatsoever, to establish and join organizations (Article 2). The Committee notes that, under section 257, the provisions of the Labour Code governing labour relations between workers and employers do not apply to domestic workers. The Committee reminds the Government that the Convention in no way excludes domestic workers and that they must enjoy the right to organize as do workers in the industrial, agricultural and commercial sectors. The Committee requests the Government to grant these workers the right to organize.

3. The right of workers to elect their representatives in full freedom (Article 3). The Committee notes that section 239(a) requires the officers of a trade union to hold Haitian citizenship. The Committee recalls that overly strict provisions regarding nationality can deprive certain workers of the right to elect their representatives in full freedom and that, in its opinion, national legislation ought to permit foreign workers to become trade union officers, at least after a reasonable period of residence in the receiving country. The Committee asks the Government to amend its legislation accordingly.

The Committee asks the Government to indicate in its next report the measures taken or under consideration to bring its legislation into full conformity with the Convention.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU) and by the Coordinated Trade Unions of Haiti (CSH) concerning the application of the Convention in Haiti. It requests the Government to send its observations thereon.

The Committee recalls that for many years it has been commenting on:

-  the need to repeal or amend section 236bis of the Penal Code under which government consent is required in order to form an association of more than 20 persons; section 34 of the Decree of 4 November 1983 conferring on the Government broad powers of supervision over trade unions; and sections 185, 190, 199, 200 and 206 of the Labour Code allowing compulsory arbitration at the request of only one of the parties to a labour dispute in order to end a strike, thereby imposing excessive restrictions on the right to strike;

-  the need to recognize by law the right to organize of public servants, in order to bring its legislation into conformity with article 35(3) and (4) of the 1987 Constitution providing constitutional safeguards for the freedom of association of workers in the public sector and the private sector and recognizing their right to strike with adopting specific legislative measures to this end.

The Committee expresses the firm hope that the Government will take all necessary steps in the near future to bring its legislation into full conformity with the provisions of the Convention. It again points out that the Government may call upon the Office for technical assistance should it so wish.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

The Committee is also raising a certain number of points in a request addressed directly to the Government.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee drew the Government’s attention to certain provisions of the Decree of 24 February 1984 updating the Labour Code of 12 September 1961.

1. The right to organize of minors (Article 2 of the Convention). Recalling that all workers have the right to organize, the Committee notes that, under article 233, parents or other responsible persons may prevent minors of less than 18 years from exercising the right to organize. The Committee recalls that the Convention guarantees to all workers, without distinction whatsoever, the right to establish and join organizations. The Committee requests the Government to indicate the measures taken or envisaged to establish that minors legally entitled to work, including as apprentices, may join trade unions.

2. The right of workers, without distinction whatsoever, to establish and join organizations (Article 2). The Committee notes that, under section 257, the provisions of the Labour Code governing labour relations between workers and employers do not apply to domestic workers. The Committee reminds the Government that the Convention in no way excludes domestic workers and that they must enjoy the right to organize as do workers in the industrial, agricultural and commercial sectors. The Committee requests the Government to grant these workers the right to organize.

3. The right of workers to elect their representatives in full freedom (Article 3). The Committee notes that section 239(a) requires the officers of a trade union to hold Haitian citizenship. The Committee recalls that overly strict provisions regarding nationality can deprive certain workers of the right to elect their representatives in full freedom and that, in its opinion, national legislation ought to permit foreign workers to become trade union officers, at least after a reasonable period of residence in the receiving country. The Committee asks the Government to amend its legislation accordingly.

The Committee asks the Government to indicate in its next report the measures taken or under consideration to bring its legislation into full conformity with the Convention.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU) and by the Coordinated Trade Unions of Haiti (CSH) concerning the application of the Convention in Haiti. It requests the Government to send its observations thereon.

The Committee recalls that for many years it has been commenting on:

-  the need to repeal or amend section 236bis of the Penal Code under which government consent is required in order to form an association of more than 20 persons; section 34 of the Decree of 4 November 1983 conferring on the Government broad powers of supervision over trade unions; and sections 185, 190, 199, 200 and 206 of the Labour Code allowing compulsory arbitration at the request of only one of the parties to a labour dispute in order to end a strike, thereby imposing excessive restrictions on the right to strike;

-  the need to recognize by law the right to organize of public servants, in order to bring its legislation into conformity with article 35(3) and (4) of the 1987 Constitution providing constitutional safeguards for the freedom of association of workers in the public sector and the private sector and recognizing their right to strike with adopting specific legislative measures to this end.

The Committee expresses the firm hope that the Government will take all necessary steps in the near future to bring its legislation into full conformity with the provisions of the Convention. It again points out that the Government may call upon the Office for technical assistance should it so wish.

The Committee raises other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be sent for examination by the Committee at its next session and that it will contain full information on the points raised in the previous direct request which read as follows:

The Committee drew the Government’s attention to certain provisions of the Decree of 24 February 1984 updating the Labour Code of 12 September 1961.

1. The right to organize of minors (Article 2 of the Convention). Recalling that all workers have the right to organize, the Committee notes that, under article 233, parents or other responsible persons may prevent minors of less than 18 years from exercising the right to organize. The Committee recalls that the Convention guarantees to all workers, without distinction whatsoever, the right to establish and join organizations. The Committee requests the Government to indicate the measures taken or envisaged to establish that minors legally entitled to work, including as apprentices, may join trade unions.

2. The right of workers, without distinction whatsoever, to establish and join organizations (Article 2). The Committee notes that, under section 257, the provisions of the Labour Code governing labour relations between workers and employers do not apply to domestic workers. The Committee reminds the Government that the Convention in no way excludes domestic workers and that they must enjoy the right to organize as do workers in the industrial, agricultural and commercial sectors. The Committee requests the Government to grant these workers the right to organize.

3. The right of workers to elect their representatives in full freedom (Article 3). The Committee notes that section 239(a) requires the officers of a trade union to hold Haitian citizenship. The Committee recalls that overly strict provisions regarding nationality can deprive certain workers of the right to elect their representatives in full freedom and that, in its opinion, national legislation ought to permit foreign workers to become trade union officers, at least after a reasonable period of residence in the receiving country. The Committee asks the Government to amend its legislation accordingly.

The Committee asks the Government to indicate in its next report the measures taken or under consideration to bring its legislation into full conformity with the Convention.

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The Committee notes with regret that the Government’s report has not been received. It notes the comments made by the International Confederation of Free Trade Unions (ICFTU) and by the Coordinated Trade Unions of Haiti (CSH) concerning the application of the Convention in Haiti. It requests the Government to send its observations thereon.

The Committee recalls that for many years it has been commenting on:

-  the need to repeal or amend section 236bis of the Penal Code under which government consent is required in order to form an association of more than 20 persons; section 34 of the Decree of 4 November 1983 conferring on the Government broad powers of supervision over trade unions; and sections 185, 190, 199, 200 and 206 of the Labour Code allowing compulsory arbitration at the request of only one of the parties to a labour dispute in order to end a strike, thereby imposing excessive restrictions on the right to strike;

-  the need to recognize by law the right to organize of public servants, in order to bring its legislation into conformity with article 35(3) and (4) of the 1987 Constitution providing constitutional safeguards for the freedom of association of workers in the public sector and the private sector and recognizing their right to strike with adopting specific legislative measures to this end.

The Committee expresses the firm hope that the Government will take all necessary steps in the near future to bring its legislation into full conformity with the provisions of the Convention. It again points out that the Government may call upon the Office for technical assistance should it so wish.

The Committee raises other points in a request addressed directly to the Government.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

        The Committee had drawn the Government’s attention to certain provisions of the Decree of 24 February 1984 updating the Labour Code of 12 September 1961.

        1. The right to organize of minors (Article 2 of the Convention). Recalling that all workers have the right to organize, the Committee notes that under article 233, parents or other responsible persons may prevent minors of less than 18 years from exercising the right to organize. The Committee recalls that the Convention guarantees to all workers, without distinction whatsoever, the right to establish and join organizations. The Committee requests the Government to remove all hindrance to the freedom of association of minors.

        2. The right of workers, without distinction whatsoever, to establish and join organizations (Article 2). The Committee notes that under section 257, the provisions of the Labour Code governing labour relations between workers and employers do not apply to domestic workers. The Committee reminds the Government that the Convention in no way excludes domestic workers and that they must enjoy the right to organize as do workers in the industrial, agricultural and commercial sectors. The Committee requests the Government to grant these workers the right to organize.

        3. The right of workers to elect their representatives in full freedom (Article 3). The Committee notes that section 239(a) requires the officers of a trade union to hold Haitian citizenship. The Committee recalls that overly strict provisions regarding nationality can deprive certain workers of the right to elect their representatives in full freedom, and is of the opinion that national legislation ought to permit foreign workers to become trade union officers, at least after a reasonable period of residence in the receiving country. The Committee asks the Government to amend its legislation accordingly.

        The Committee asks the Government to indicate in its next report the measures taken or under consideration to bring its legislation into full conformity with the Convention.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

        In its previous comments, the Committee had noted the Government’s intention to bring its legislation into conformity with the Convention with ILO technical assistance.

        The Committee recalls that, for many years, its comments have referred to the need:

-      to repeal or amend section 236bis of the Penal Code, which requires that government approval be obtained to establish an association of more than 20 persons; section 34 of the Decree of 4 November 1983, which confers wide powers on the Government to supervise trade unions; and sections 185, 190, 199, 200 and 206 of the Labour Code, which impose compulsory arbitration at the request of one party to end a strike thus imposing excessive restrictions on the right to strike;

-      to give legal recognition to the right to organize of public servants, in order to bring its legislation into conformity with section 35(3) and (4) of the 1987 Constitution, which provides constitutional guarantees of the freedom of workers in the public and private sectors and recognizes their right to strike, while no specific legislation has been adopted in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request:

The Committee had drawn the Government’s attention to certain provisions of the Decree of 24 February 1984 updating the Labour Code of 12 September 1961.

1.  The right to organize of minors (Article 2 of the Convention).  Recalling that all workers have the right to organize, the Committee notes that under article 233, parents or other responsible persons may prevent minors of less than 18 years from exercising the right to organize. The Committee recalls that the Convention guarantees to all workers, without distinction whatsoever, the right to establish and join organizations. The Committee requests the Government to remove all hindrance to the freedom of association of minors.

2.  The right of workers, without distinction whatsoever, to establish and join organizations (Article 2).  The Committee notes that under section 257, the provisions of the Labour Code governing labour relations between workers and employers do not apply to domestic workers. The Committee reminds the Government that the Convention in no way excludes domestic workers and that they must enjoy the right to organize as do workers in the industrial, agricultural and commercial sectors. The Committee requests the Government to grant these workers the right to organize.

3.  The right of workers to elect their representatives in full freedom (Article 3).  The Committee notes that section 239(a) requires the officers of a trade union to hold Haitian citizenship. The Committee recalls that overly strict provisions regarding nationality can deprive certain workers of the right to elect their representatives in full freedom, and is of the opinion that national legislation ought to permit foreign workers to become trade union officers, at least after a reasonable period of residence in the receiving country. The Committee asks the Government to amend its legislation accordingly.

The Committee asks the Government to indicate in its next report the measures taken or under consideration to bring its legislation into full conformity with the Convention.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which reads as follows:

The Committee had noted the Government’s intention to bring its legislation into conformity with the Convention with ILO technical assistance.

The Committee recalls that, for many years, its comments have referred to the need:

-  to repeal or amend section 236bis of the Penal Code, which requires that government approval be obtained to establish an association of more than 20 persons; section 34 of the Decree of 4 November 1983, which confers wide powers on the Government to supervise trade unions; and sections 185, 190, 199, 200 and 206 of the Labour Code, which impose compulsory arbitration at the request of one party to end a strike thus imposing excessive restrictions on the right to strike;

-  to give legal recognition to the right to organize of public servants, in order to bring its legislation into conformity with section 35(3) and (4) of the 1987 Constitution, which provides constitutional guarantees of the freedom of workers in the public and private sectors and recognizes their right to strike, while no specific legislation has been adopted in this respect.

The Committee firmly hopes that the Government, understanding the need to amend these provisions, will take the necessary measures in the near future.

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The Committee notes the information contained in the Government's report.

The Committee draws the Government's attention to certain provisions of the Decree of 24 February 1984 updating the Labour Code of 12 September 1961.

1. The right to organize of minors (Article 2 of the Convention). Recalling that all workers have the right to organize, the Committee notes that under article 233, parents or other responsible persons may prevent minors of less than 18 years from exercising the right to organize. The Committee recalls that the Convention guarantees to all workers, without distinction whatsoever, the right to establish and join organizations. The Committee requests the Government to remove all hindrance to the freedom of association of minors.

2. The right of workers, without distinction whatsoever, to establish and join organizations (Article 2). The Committee notes that under section 257, the provisions of the Labour Code governing labour relations between workers and employers do not apply to domestic workers. The Committee reminds the Government that the Convention in no way excludes domestic workers and that they must enjoy the right to organize as do workers in the industrial, agricultural and commercial sectors. The Committee requests the Government to grant these workers the right to organize.

3. The right of workers to elect their representatives in full freedom (Article 3). The Committee notes that section 239(a) requires the officers of a trade union to hold Haitian citizenship. The Committee recalls that overly strict provisions regarding nationality can deprive certain workers of the right to elect their representatives in full freedom, and is of the opinion that national legislation ought to permit foreign workers to become trade union officers, at least after a reasonable period of residence in the receiving country. The Committee asks the Government to amend its legislation accordingly.

The Committee asks the Government to indicate in its next report the measures taken or under consideration to bring its legislation into full conformity with the Convention.

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The Committee notes the Government's report and its intention to bring its legislation into conformity with the Convention with ILO technical assistance.

The Committee recalls that, for many years, its comments have referred to the need:

-- to repeal or amend section 236bis of the Penal Code, which requires that government approval be obtained to establish an association of more than 20 persons; section 34 of the Decree of 4 November 1983, which confers wide powers on the Government to supervise trade unions; and sections 185, 190, 199, 200 and 206 of the Labour Code, which impose compulsory arbitration at the request of one party to end a strike thus imposing excessive restrictions on the right to strike;

-- to give legal recognition to the right to organize of public servants, in order to bring its legislation into conformity with section 35(3) and (4) of the 1987 Constitution, which provides constitutional guarantees of the freedom of workers in the public and private sectors and recognizes their right to strike, while no specific legislation has been adopted in this respect.

The Committee firmly hopes that the Government, understanding the need to amend these provisions, will take the necessary measures in the near future.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls that, for many years, its comments have referred to the need: -- to repeal or amend section 236bis of the Penal Code, which requires that government approval be obtained to establish an association of more than 20 persons; section 34 of the Decree of 4 November 1983, which confers wide powers on the Government to supervise trade unions; and sections 185, 190, 199, 200 and 206 of the Labour Code, which impose restrictions on the right to strike; -- to give legal recognition to the right to organize of public servants, in order to bring its legislation into conformity with section 35(3) and (4) of the 1987 Constitution, which provides constitutional guarantees of the freedom of workers in the public and private sectors and recognizes their right to strike, and thus to bring it into conformity with the provisions of the Convention. The Committee welcomes the Government's request for ILO technical assistance and its undertaking to amend the provisions of its legislation which are not in conformity with the Convention. The Committee hopes that the next report will show significant progress in bringing the whole of its legislation into conformity with the requirements of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes the Government's reports and recalls that, for many years, its comments have referred to the need:

- to repeal or amend section 236bis of the Penal Code, which requires that government approval be obtained to establish an association of more than 20 persons; section 34 of the Decree of 4 November 1983, which confers wide powers on the Government to supervise trade unions; and sections 185, 190, 199, 200 and 206 of the Labour Code, which impose restrictions on the right to strike;

- to give legal recognition to the right to organize of public servants, in order to bring its legislation into conformity with section 35(3) and (4) of the 1987 Constitution, which provides constitutional guarantees of the freedom of workers in the public and private sectors and recognizes their right to strike, and thus to bring it into conformity with the provisions of the Convention.

The Committee welcomes the Government's request for ILO technical assistance and its undertaking to amend the provisions of its legislation which are not in conformity with the Convention. The Committee hopes that the next report will show significant progress in bringing the whole of its legislation into conformity with the requirements of the Convention.

CMNT_TITLE

The Committee notes with regret that for the second consecutive year the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls that it has been requesting the Government for several years to repeal or amend section 236bis of the Penal Code, which requires that government approval be obtained to establish an association of more than 20 persons; section 34 of the Decree of 4 November 1983, which confers wide powers on the Government to supervise the trade unions; and sections 185, 190, 199, 200 and 206 of the Labour Code, which impose restrictions on strikes; as well as to give legal recognition to the right to organize of public servants, in order to bring its legislation into conformity with section 35(3) and (4) of the 1987 Constitution, which provides constitutional guarantees of the freedom of workers in the public and private sectors and recognizes their right to strike, and to bring it into conformity with the Convention. The Committee notes that the Government gave a formal assurance that section 236bis of the Penal Code would be repealed and that tripartite meetings had been held to prepare a new Labour Code with a view to implementing the necessary reforms. The Committee urges the Government to indicate in its next report the measures which have been taken to guarantee that the requirements of the Convention are respected.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls that it has been requesting the Government for several years to repeal or amend section 236bis of the Penal Code, which requires that government approval be obtained to establish an association of more than 20 persons; section 34 of the Decree of 4 November 1983, which confers wide powers on the Government to supervise the trade unions; and sections 185, 190, 199, 200 and 206 of the Labour Code, which impose restrictions on strikes; as well as to give legal recognition to the right to organize of public servants, in order to bring its legislation into conformity with section 35(3) and (4) of the 1987 Constitution, which provides constitutional guarantees of the freedom of workers in the public and private sectors and recognizes their right to strike, and to bring it into conformity with the Convention. The Committee notes that the Government gave a formal assurance that section 236bis of the Penal Code would be repealed and that tripartite meetings had been held to prepare a new Labour Code with a view to implementing the necessary reforms. The Committee urges the Government to indicate in its next report the measures which have been taken to guarantee that the requirements of the Convention are respected.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls that it has been requesting the Government for several years to repeal or amend section 236bis of the Penal Code, which requires that government approval be obtained to establish an association of more than 20 persons; section 34 of the Decree of 4 November 1983, which confers wide powers on the Government to supervise the trade unions; and sections 185, 190, 199, 200 and 206 of the Labour Code, which impose restrictions on strikes; as well as to give legal recognition to the right to organize of public servants, in order to bring its legislation into conformity with section 35(3) and (4) of the 1987 Constitution, which provides constitutional guarantees of the freedom of association of workers in the public and private sectors and recognizes their right to strike, and to bring it into conformity with the Convention. The Committee notes that the Government gave a formal assurance that section 236bis of the Penal Code would be repealed and that tripartite meetings had been held to prepare a new Labour Code with a view to implementing the necessary reforms. The Committee is therefore bound once again to urge the Government to indicate in its next report the measures which have been taken to guarantee that the requirements of the Convention are respected.

CMNT_TITLE

The Committee recalls that it has been requesting the Government for several years to repeal or amend section 236 bis of the Penal Code, which requires that government approval be obtained to establish an association of more than 20 persons; section 34 of the Decree of 4 November 1983, which confers wide powers on the Government to supervise the trade unions; and sections 185, 190, 199, 200 and 206 of the Labour Code, which impose restrictions on strikes; as well as to give legal recognition to the right to organize of public servants, in order to bring its legislation into conformity with section 35(3) and (4) of the 1987 Constitution, which provides constitutional guarantees of the freedom of association of workers in the public and private sectors and recognizes their right to strike, and to bring it into conformity with the Convention.

The Committee notes that the 7 February 1991 Government gave a formal assurance in its report on the application of the Convention that section 236 bis of the Penal Code would be repealed and that tripartite meetings had been held to prepare a new Labour Code with a view to implementing the necessary reforms. The Committee is therefore bound once again to urge the Government to indicate in its next report the measures which have been taken to guarantee that the requirements of the Convention are respected.

CMNT_TITLE

The Committee takes note of the information supplied to the Conference Committee in June 1989 and of the Government's reports.

In its previous observation, the Committee asked the Government for information on progress with regard to the draft legislation which was prepared with the assistance of an ILO mission that went to Haiti in October 1985, to amend the legislative provisions on which the Committee has been commenting for several years:

- section 236bis of the Penal Code which requires that government approval be obtained to establish an association of more than 20 persons;

- section 34 of the Decree of 4 November 1983 which confers wide powers on the Government to supervise the trade unions;

- sections 185, 190, 199, 200 and 206 of the Labour Code which impose restrictions on strikes; and

- the need for a statutory right to organise of public servants, even if section 35(3) and (4) of the 1987 Constitution provides constitutional guarantees of the freedom of association of workers in the public and private sectors and recognises the right to strike.

In its most recent report dated 30 November 1990, the Government indicates that section 236bis of the Penal Code does not apply to the establishment of workers' and employers' organisations, which are governed exclusively by the Labour Code and are consequently not subject to any prior authorisation.

With regard to the other provisions mentioned above, the Government states that they are being dealt with as part of the overall revision of the Labour Code that has been under way since 1989. It adds that it is currently preparing provisions to recognise the right to organise of public servants. In this connection, it is requesting ILO technical assistance to examine models for trade union structure in the public service.

With regard to section 236 bis of the Penal Code, the Committee again draws the Government's attention to the fact that this provision specifies that any association of more than 20 persons whose aim is to meet for political, literary, religious or other purposes may only be established with government approval. The Committee has already indicated that, in its opinion, section 236 bis of the Penal Code can impair the right of workers to establish trade union organisations without previous authorisation laid down in Article 2 of the Convention. It considers that the above section should be amended to ensure full observance of this provision of the Convention.

Furthermore, the Committee takes due note of the Government's request for technical assistance and trusts that following the recent changes in the country it will be possible for the legislative reform already under way to be continued and that, in its next report, the Government will be able to provide information on the progress made by the tripartite committee responsible for the above reform in bringing the legislation into full conformity with the Convention.

CMNT_TITLE

In its earlier comments, the Committee addressed the following discrepancies between the national legislation and the Convention.

- the necessity of obtaining the approval of the Government to establish an association of more than 20 persons (section 236 of the Penal Code);

- the wide powers conferred on the Government to supervise the trade unions (section 34 of the Decree of 4 November 1983);

- the prohibition of strikes in the event of compulsory arbitration (sections 185, 190, 199 and 200 of the Labour Code);

- the prohibition of strikes lasting longer than 24 hours, and lightning strikes and go-slows lasting more than one hour (section 206 of the Code);

- the need for a statutory right to organise for public servants, even if section 35(3) and (4) of the 1987 Constitution provides constitutional guarantees of the freedom of association of workers in the public and private sectors and recognises the right to strike.

The previous comments also referred to the shortcomings in the practical effect given to the Convention, pointed out by the Committee on Freedom of Association in connection with Case No. 1396 examined in March 1988 (254th Report). The case concerned repressive measures against the trade union movement in Haiti.

The Committee notes with interest from the Government's report that, as a result of the ILO mission that went to Haiti and met the competent national departments in October 1988, Decrees are in the process of being drafted to amend section 236 bis of the Penal Code (formerly section 236), section 34 of the Decree of 4 November 1983 and sections 183, 184, 190, 199 and 200 of the Labour Code, in the light of the comments made by the Committee of Experts, and to adopt a specific provision on the right to organise of public servants.

The Committee has also read the 262nd Report of the Committee on Freedom of Association on Case No. 1396 (approved by the Governing Body at its February 1989 Session) and notes that there have been certain developments in the freedom of association situation.

The Committee expresses the firm hope that statutory or regulatory provisions in keeping with the requirements of the Convention will shortly be adopted, and requests the Government in its next report to provide information on all developments concerning the effect given to the Convention in law and in practice. [The Government is asked to supply full particulars to the Conference at its 76th Session.]