Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Haiti (RATIFICATION: 1957)

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See under Convention No. 87, as follows:

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 Committee notes the observations made by the International Trade Union Confederation (ITUC), received on 27 September 2023, which relate to the extremely serious and violent crisis in the country, and which largely refer to those formulated in 2022.

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 2022, which contain new allegations of serious violations of freedom of association in the textile sector, such as anti-union dismissals. 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, in the context of the extremely serious and violent crisis in the country, denounce the blatant limitations on the right to organize and bargain collectively in practice. The Committee notes 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 with deep concern that the Government’s report, which has been expected since 2014, has not been received. In light of the urgent appeal made to the Government in 2020, the Committee is proceeding with the examination of the application of the Convention on the basis of information at its disposal. While being aware of the difficulties faced by the country, the Committee recalls that it raised questions concerning the application of the Convention in an observation, which particularly concerned the need to strengthen protection against anti-union discrimination as well as the penalties provided in this regard. It recalls also that its comments concern allegations of serious violations of freedom of association in practice, especially in several enterprises in textile export processing zones, and the lack of social bargaining in the country. In the absence of additional observations from the social partners and having no indication at its disposal of progress made on these pending issues, the Committee refers to its previous observation of 2020 and urges the Government to provide a complete response in 2022 to the questions raised. For that purpose, the Committee expects that any request for technical assistance, in relation with Conventions ratified by the country, that the Government may wish to address to the Office will be taken up 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 the observations of the International Trade Union Confederation (ITUC), received on 1 September 2022, which contain new allegations of serious violations of freedom of association in the textile sector, such as anti-union dismissals. 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, in the context of the extremely serious and violent crisis in the country, denounce the blatant limitations on the right to organize and bargain collectively in practice. The Committee notes 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, which has been expected since 2014, has not been received. In light of the urgent appeal made to the Government in 2020, the Committee is proceeding with the examination of the application of the Convention on the basis of information at its disposal. While being aware of the difficulties faced by the country, the Committee recalls that it raised questions concerning the application of the Convention in an observation, which particularly concerned the need to strengthen protection against anti-union discrimination as well as the penalties provided in this regard. It recalls also that its comments concern allegations of serious violations of freedom of association in practice, especially in several enterprises in textile export processing zones, and the lack of social bargaining in the country.In the absence of additional observations from the social partners and having no indication at its disposal of progress made on these pending issues, the Committee refers to its previous observation of 2020 and urges the Government to provide a complete response in 2022 to the questions raised. For that purpose, the Committee expects that any request for technical assistance, in relation with Conventions ratified by the country, that the Government may wish to address to the Office will be taken up 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, which has been expected since 2014, has not been received. In light of the urgent appeal made to the Government in 2020, the Committee is proceeding with the examination of the application of the Convention on the basis of information at its disposal. While being aware of the difficulties faced by the country, the Committee recalls that it raised questions concerning the application of the Convention in an observation, which particularly concerned the need to strengthen protection against anti-union discrimination as well as the penalties provided in this regard. It recalls also that its comments concern allegations of serious violations of freedom of association in practice, especially in several enterprises in textile export processing zones, and the lack of social bargaining in the country. In the absence of additional observations from the social partners and having no indication at its disposal of progress made on these pending issues, the Committee refers to its previous observation of 2020 and urges the Government to provide a complete response in 2022 to the questions raised. For that purpose, the Committee expects that any request for technical assistance, in relation with Conventions ratified by the country, that the Government may wish to address to the Office will be taken up as soon as possible.

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

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The Committee takes note of the observations of the International Trade Union Confederation (ITUC) dated 24 September 2020, as well as those of Education International dated 1 October 2020. 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 violation of the Convention 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: (i) the International Trade Union Confederation (ITUC) received on 1 September 2018 denouncing the absence of collective bargaining in the country as a result of the alleged opposition from employers; (ii) the Confederation of Public and Private Sector Workers (CTSP) received on 29 August 2018 and related to elements examined by the Committee in its previous comment; and (iii) the Trade Union Federation of Haiti (CSH), received on 1 September 2018 alleging acts of anti-union discrimination. The Committee requests the Government to provide its comments thereon.

The Committee finally notes the observations from the Association of Haitian Industries (ADIH) received on 31 August 2018.

The Committee recalls the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 30 August 2017, concerning allegations of grave violations of freedom of association in both the public and the private sectors, and particularly in several enterprises in textile export processing zones, where some 200 unionized workers and trade union leaders have been dismissed following a strike called in May 2017 in support of an increase in the minimum wage. The Committee notes in this respect the campaign launched in July 2017 by the International Trade Union Confederation (ITUC) and the Trade Union Confederation of the Americas (TUCA) denouncing violations of freedom of association. The Committee expresses deep concern at this information. It notes that these issues are being followed-up by the Better Work programme, a partnership between the ILO and the International Finance Corporation (IFC), a member of the World Bank Group, which has been present in Haiti since 2009. Recalling that acts of harassment and intimidation carried out against workers or their dismissal by reason of trade union membership or legitimate trade union activities is a serious violation of the principles of freedom of association enshrined in the Convention, the Committee expects that the Government will take the necessary measures to ensure respect for these principles and requests it to provide information on any investigations ordered by the Ministry of Social Affairs and Labour (MAST), and any judicial procedures in this regard.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee recalls that its previous comments concerned the need to adopt a specific provision establishing protection against anti-union discrimination in recruitment practices, and the need to adopt provisions generally affording adequate protection to workers against acts of anti-union discrimination (on the basis of trade union membership or activities) during employment, accompanied by effective and rapid procedures and sufficiently dissuasive sanctions. In this regard, the Committee recalls that, in accordance with section 251 of the Labour Code, “any employer who, in order to prevent an employee from joining a trade union, organizing a trade union or exercising his or her rights as a trade union member, dismisses, suspends or demotes the employee or reduces his or her wages, shall be liable to a fine of 1,000 to 3,000 Haitian gourdes (approximately US$15–45) to be imposed by the labour tribunal, without prejudice to any compensation to which the employee concerned shall be entitled”. The Committee requests the Government to ensure that, in the context of the renewal of tripartite dialogue for the reform of the Labour Code, the penalties provided for in the event of anti-union discrimination during employment are increased substantially in order to ensure that they are sufficiently dissuasive. It also requests the Government to ensure the adoption of a specific provision establishing protection against anti-union discrimination at the time of recruitment.

Article 4. Promotion of collective bargaining. The Committee once again recalls the need to amend section 34 of the Decree of 4 November 1983, particularly in relation to its provisions empowering the Labour Organizations Branch of the Labour Directorate of the MAST “to intervene in the drafting of collective agreements and in collective labour disputes with regard to all matters relating to freedom of association”. The Committee expects that the Government will draw on the technical assistance provided by the Office to amend section 34 of the Decree of 4 November 1983 in order to ensure that the Labour Organizations Branch can only intervene in collective bargaining at the request of the parties.

Right to collective bargaining of public servants not engaged in the administration of the State and public employees. The Committee requests the Government to provide information on the legislative provisions relating to this subject.

Right to collective bargaining in practice. In its previous comments, the Committee noted that, following the tripartite training course organized by the Office in 2012 in Port-au-Prince for the interested parties in the textile sector, the participants emphasized the need to establish a permanent forum for bipartite dialogue in order to strengthen dialogue between the actors in the sector. The Committee requests the Government to provide information on this subject, including in light of the most recent events in the textile sector in May 2017. The Committee notes with concern that, according to the CTSP, there are only four collective agreements in force in the country and some of them are not signed by the lawful representatives of workers. The Committee requests the Government to provide its comments on this subject and to supply information on the measures adopted or envisaged to promote collective bargaining in the country.

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 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 violation of the Convention 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: (i) the International Trade Union Confederation (ITUC) received on 1 September 2018 denouncing the absence of collective bargaining in the country as a result of the alleged opposition from employers; (ii) the Confederation of Public and Private Sector Workers (CTSP) received on 29 August 2018 and related to elements examined by the Committee in its previous comment; and (iii) the Trade Union Federation of Haiti (CSH), received on 1 September 2018 alleging acts of anti-union discrimination. The Committee requests the Government to provide its comments thereon.

The Committee finally notes the observations from the Association of Haitian Industries (ADIH) received on 31 August 2018.

The Committee recalls the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 30 August 2017, concerning allegations of grave violations of freedom of association in both the public and the private sectors, and particularly in several enterprises in textile export processing zones, where some 200 unionized workers and trade union leaders have been dismissed following a strike called in May 2017 in support of an increase in the minimum wage. The Committee notes in this respect the campaign launched in July 2017 by the International Trade Union Confederation (ITUC) and the Trade Union Confederation of the Americas (TUCA) denouncing violations of freedom of association. The Committee expresses deep concern at this information. It notes that these issues are being followed-up by the Better Work programme, a partnership between the ILO and the International Finance Corporation (IFC), a member of the World Bank Group, which has been present in Haiti since 2009. Recalling that acts of harassment and intimidation carried out against workers or their dismissal by reason of trade union membership or legitimate trade union activities is a serious violation of the principles of freedom of association enshrined in the Convention, the Committee expects that the Government will take the necessary measures to ensure respect for these principles and requests it to provide information on any investigations ordered by the Ministry of Social Affairs and Labour (MAST), and any judicial procedures in this regard.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee recalls that its previous comments concerned the need to adopt a specific provision establishing protection against anti-union discrimination in recruitment practices, and the need to adopt provisions generally affording adequate protection to workers against acts of anti-union discrimination (on the basis of trade union membership or activities) during employment, accompanied by effective and rapid procedures and sufficiently dissuasive sanctions. In this regard, the Committee recalls that, in accordance with section 251 of the Labour Code, “any employer who, in order to prevent an employee from joining a trade union, organizing a trade union or exercising his or her rights as a trade union member, dismisses, suspends or demotes the employee or reduces his or her wages, shall be liable to a fine of 1,000 to 3,000 Haitian gourdes (approximately US$15–45) to be imposed by the labour tribunal, without prejudice to any compensation to which the employee concerned shall be entitled”. The Committee requests the Government to ensure that, in the context of the renewal of tripartite dialogue for the reform of the Labour Code, the penalties provided for in the event of anti-union discrimination during employment are increased substantially in order to ensure that they are sufficiently dissuasive. It also requests the Government to ensure the adoption of a specific provision establishing protection against anti-union discrimination at the time of recruitment.

Article 4. Promotion of collective bargaining. The Committee once again recalls the need to amend section 34 of the Decree of 4 November 1983, particularly in relation to its provisions empowering the Labour Organizations Branch of the Labour Directorate of the MAST “to intervene in the drafting of collective agreements and in collective labour disputes with regard to all matters relating to freedom of association”. The Committee expects that the Government will draw on the technical assistance provided by the Office to amend section 34 of the Decree of 4 November 1983 in order to ensure that the Labour Organizations Branch can only intervene in collective bargaining at the request of the parties.

Right to collective bargaining of public servants not engaged in the administration of the State and public employees. The Committee requests the Government to provide information on the legislative provisions relating to this subject.

Right to collective bargaining in practice. In its previous comments, the Committee noted that, following the tripartite training course organized by the Office in 2012 in Port-au-Prince for the interested parties in the textile sector, the participants emphasized the need to establish a permanent forum for bipartite dialogue in order to strengthen dialogue between the actors in the sector. The Committee requests the Government to provide information on this subject, including in light of the most recent events in the textile sector in May 2017. The Committee notes with concern that, according to the CTSP, there are only four collective agreements in force in the country and some of them are not signed by the lawful representatives of workers. The Committee requests the Government to provide its comments on this subject and to supply information on the measures adopted or envisaged to promote collective bargaining in the country.

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 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: (i) the International Trade Union Confederation (ITUC) received on 1 September 2018 denouncing the absence of collective bargaining in the country as a result of the alleged opposition from employers; (ii) the Confederation of Public and Private Sector Workers (CTSP) received on 29 August 2018 and related to elements examined by the Committee in its previous comment; and (iii) the Trade Union Federation of Haiti (CSH), received on 1 September 2018 alleging acts of anti-union discrimination. The Committee requests the Government to provide its comments thereon.

The Committee finally notes the observations from the Association of Haitian Industries (ADIH) received on 31 August 2018.

The Committee recalls the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 30 August 2017, concerning allegations of grave violations of freedom of association in both the public and the private sectors, and particularly in several enterprises in textile export processing zones, where some 200 unionized workers and trade union leaders have been dismissed following a strike called in May 2017 in support of an increase in the minimum wage. The Committee notes in this respect the campaign launched in July 2017 by the International Trade Union Confederation (ITUC) and the Trade Union Confederation of the Americas (TUCA) denouncing violations of freedom of association. The Committee expresses deep concern at this information. It notes that these issues are being followed-up by the Better Work programme, a partnership between the ILO and the International Finance Corporation (IFC), a member of the World Bank Group, which has been present in Haiti since 2009. Recalling that acts of harassment and intimidation carried out against workers or their dismissal by reason of trade union membership or legitimate trade union activities is a serious violation of the principles of freedom of association enshrined in the Convention, the Committee expects that the Government will take the necessary measures to ensure respect for these principles and requests it to provide information on any investigations ordered by the Ministry of Social Affairs and Labour (MAST), and any judicial procedures in this regard.

The Committee 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.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee recalls that its previous comments concerned the need to adopt a specific provision establishing protection against anti-union discrimination in recruitment practices, and the need to adopt provisions generally affording adequate protection to workers against acts of anti-union discrimination (on the basis of trade union membership or activities) during employment, accompanied by effective and rapid procedures and sufficiently dissuasive sanctions. In this regard, the Committee recalls that, in accordance with section 251 of the Labour Code, “any employer who, in order to prevent an employee from joining a trade union, organizing a trade union or exercising his or her rights as a trade union member, dismisses, suspends or demotes the employee or reduces his or her wages, shall be liable to a fine of 1,000 to 3,000 Haitian gourdes (approximately US$15–45) to be imposed by the labour tribunal, without prejudice to any compensation to which the employee concerned shall be entitled”. The Committee requests the Government to ensure that, in the context of the renewal of tripartite dialogue for the reform of the Labour Code, the penalties provided for in the event of anti-union discrimination during employment are increased substantially in order to ensure that they are sufficiently dissuasive. It also requests the Government to ensure the adoption of a specific provision establishing protection against anti-union discrimination at the time of recruitment.

Article 4. Promotion of collective bargaining. The Committee once again recalls the need to amend section 34 of the Decree of 4 November 1983, particularly in relation to its provisions empowering the Labour Organizations Branch of the Labour Directorate of the MAST “to intervene in the drafting of collective agreements and in collective labour disputes with regard to all matters relating to freedom of association”. The Committee expects that the Government will draw on the technical assistance provided by the Office to amend section 34 of the Decree of 4 November 1983 in order to ensure that the Labour Organizations Branch can only intervene in collective bargaining at the request of the parties.

Right to collective bargaining of public servants not engaged in the administration of the State and public employees. The Committee requests the Government to provide information on the legislative provisions relating to this subject.

Right to collective bargaining in practice. In its previous comments, the Committee noted that, following the tripartite training course organized by the Office in 2012 in Port-au-Prince for the interested parties in the textile sector, the participants emphasized the need to establish a permanent forum for bipartite dialogue in order to strengthen dialogue between the actors in the sector. The Committee requests the Government to provide information on this subject, including in light of the most recent events in the textile sector in May 2017. The Committee notes with concern that, according to the CTSP, there are only four collective agreements in force in the country and some of them are not signed by the lawful representatives of workers. The Committee requests the Government to provide its comments on this subject and to supply information on the measures adopted or envisaged to promote collective bargaining in the country.

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 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 due to 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), received on 30 August 2017, concerning allegations of grave violations of freedom of association in both the public and the private sectors, and particularly in several enterprises in textile export processing zones, where some 200 unionized workers and trade union leaders have been dismissed following a strike called in May 2017 in support of an increase in the minimum wage. The Committee notes in this respect the campaign launched in July 2017 by the International Trade Union Confederation (ITUC) and the Trade Union Confederation of the Americas (TUCA) denouncing violations of freedom of association. The Committee expresses deep concern at this information. It notes that these issues are being followed-up by the Better Work programme, a partnership between the ILO and the International Finance Corporation (IFC), a member of the World Bank Group, which has been present in Haiti since 2009. Recalling that acts of harassment and intimidation carried out against workers or their dismissal by reason of trade union membership or legitimate trade union activities is a serious violation of the principles of freedom of association enshrined in the Convention, the Committee expects that the Government will take the necessary measures to ensure respect for these principles and requests it to provide information on any investigations ordered by the Ministry of Social Affairs and Labour (MAST), and any judicial procedures in this regard.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee recalls that its previous comments concerned the need to adopt a specific provision establishing protection against anti-union discrimination in recruitment practices, and the need to adopt provisions generally affording adequate protection to workers against acts of anti-union discrimination (on the basis of trade union membership or activities) during employment, accompanied by effective and rapid procedures and sufficiently dissuasive sanctions. In this regard, the Committee recalls that, in accordance with section 251 of the Labour Code, “any employer who, in order to prevent an employee from joining a trade union, organizing a trade union or exercising his or her rights as a trade union member, dismisses, suspends or demotes the employee or reduces his or her wages, shall be liable to a fine of 1,000 to 3,000 Haitian gourdes (approximately US$15–45) to be imposed by the labour tribunal, without prejudice to any compensation to which the employee concerned shall be entitled”. The Committee requests the Government to ensure that, in the context of the renewal of tripartite dialogue for the reform of the Labour Code, the penalties provided for in the event of anti-union discrimination during employment are increased substantially in order to ensure that they are sufficiently dissuasive. It also requests the Government to ensure the adoption of a specific provision establishing protection against anti-union discrimination at the time of recruitment.

Article 4. Promotion of collective bargaining. The Committee once again recalls the need to amend section 34 of the Decree of 4 November 1983, particularly in relation to its provisions empowering the Labour Organizations Branch of the Labour Directorate of the MAST “to intervene in the drafting of collective agreements and in collective labour disputes with regard to all matters relating to freedom of association”. The Committee expects that the Government will draw on the technical assistance provided by the Office to amend section 34 of the Decree of 4 November 1983 in order to ensure that the Labour Organizations Branch can only intervene in collective bargaining at the request of the parties.

Right to collective bargaining of public servants not engaged in the administration of the State and public employees. The Committee requests the Government to provide information on the legislative provisions relating to this subject.

Right to collective bargaining in practice. In its previous comments, the Committee noted that, following the tripartite training course organized by the Office in 2012 in Port-au-Prince for the interested parties in the textile sector, the participants emphasized the need to establish a permanent forum for bipartite dialogue in order to strengthen dialogue between the actors in the sector. The Committee requests the Government to provide information on this subject, including in light of the most recent events in the textile sector in May 2017. The Committee notes with concern that, according to the CTSP, there are only four collective agreements in force in the country and some of them are not signed by the lawful representatives of workers. The Committee requests the Government to provide its comments on this subject and to supply information on the measures adopted or envisaged to promote collective bargaining in the country.

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

[The Government is asked to reply in full to the present comments in 2018.]

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

Repetition

The Committee notes the observation of the International Trade Union Confederation (ITUC) on 1 September 2015 and the observation of the Confederation of Workers of the Public and Private Sectors (CTSP) on 31 August 2015. According to the ITUC, legislative texts are not object of consultations and many anti-trade union lay-offs occur in practice. The CTSP also refers to such practices and indicates that there are only three collective agreements in the country. The Committee expresses concern at this information and requests the Government to send its comments on these issues.

The Committee takes note of the observations provided by the International Trade Union Confederation (ITUC) in a communication received on 31 August 2014. The Committee requests the Government to provide its comments in this regard.

Noting that most employment in Haiti is in the informal sector, the Committee requests the Government to indicate the manner in which the application of the Convention to workers in the informal economy is ensured and to clarify, in particular, whether specific measures have been adopted to address the particular difficulties encountered by these workers. The Committee also requests the Government to supply information on the application of the Convention in the export processing zones.

The Committee recalls that it has been asking the Government for many years to amend the national legislation, particularly the Labour Code, in order to bring it into conformity with the provisions of the Convention.

The Committee recalls that its comments refer principally to:

Article 1 of the Convention. Adequate protection of workers against acts of anti-union discrimination in respect of their employment. The Committee recalls that its previous comments concerned the need to adopt a specific provision establishing protection against anti-union discrimination in recruitment practices, and the need to adopt provisions generally affording adequate protection to workers against acts of anti-union discrimination (on the basis of union membership or activity) during employment, accompanied by effective and rapid procedures and penalties acting as an adequate deterrent.

The Committee notes that section 251 of the Labour Code provides that “any employer who, in order to prevent an employee from joining a trade union, organizing a trade union or exercising his or her rights as a trade union member, dismisses, suspends or demotes the employee or reduces his or her wages, shall be liable to a fine of 1,000 to 3,000 Haitian gourdes (HTG) (approximately US$25 to US$75) to be imposed by the labour tribunal, without prejudice to any compensation to which the employee concerned shall be entitled”. The Committee notes that the Government reiterates in its report that the social partners have begun to submit their views with regard to the preparation of the new Labour Code and that the points raised by the Committee regarding protection against anti-union discrimination at the time of recruitment and during employment are due to receive particular attention in the context of the reform in progress. The Committee requests the Government to ensure that, in the context of the reform of the Labour Code, the penalties provided for in the event of anti-union discrimination during employment are made more severe, in order to ensure that they act as an adequate deterrent. It also requests the Government to ensure that a specific provision establishing protection against anti-union discrimination at the time of recruitment is adopted.

Article 4. Promotion of collective bargaining. The Committee recalls that its previous comment also concerned the need to amend section 34 of the Decree of 4 November 1983, which empowers the Labour Organizations Branch of the Labour Directorate of the Ministry of Social Affairs and Labour to intervene in the drafting of collective agreements and in collective labour disputes with respect of all matters related to freedom of association. Noting the Government’s indication that this matter is due to receive particular attention in the context of the legislative reform in progress, the Committee hopes that the Government will avail itself of the technical assistance provided by the Office in this context to amend section 34 of the Decree of 4 November 1983, in order to ensure that the Labour Organizations Branch can only intervene in collective bargaining at the request of the parties. The Committee requests the Government to send a copy of any amendments adopted to this effect.

Right to collective bargaining of public officials and employees. The Committee requests the Government to provide information on the legal provisions relating to this field.

Right to collective bargaining in practice. The Committee appreciates the information to the effect that, further to the tripartite training on international labour standards and the ILO supervisory system organized by the Office in Port au-Prince in July 2012 for interested parties in the textile manufacturing sector, the participants affirmed the need, in order to continue to strengthen dialogue between the interested parties in this sector, to establish a permanent forum for bipartite dialogue which would meet each month to discuss all ILO-related subjects, and any other subject connected with labour relations. The Committee requests the Government to supply information on the activities of this dialogue forum and hopes that this process will be extended to other sectors, with technical assistance from the Office.

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 the observation of the International Trade Union Confederation (ITUC) on 1 September 2015 and the observation of the Confederation of Workers of the Public and Private Sectors (CTSP) on 31 August 2015. According to the ITUC, legislative texts are not object of consultations and many anti-trade union lay-offs occur in practice. The CTSP also refers to such practices and indicates that there are only three collective agreements in the country. The Committee expresses concern at this information and requests the Government to send its comments on these issues.

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 31 August 2014. The Committee requests the Government to provide its comments in this regard.

Noting that most employment in Haiti is in the informal sector, the Committee requests the Government to indicate the manner in which the application of the Convention to workers in the informal economy is ensured and to clarify, in particular, whether specific measures have been adopted to address the particular difficulties encountered by these workers. The Committee also requests the Government to supply information on the application of the Convention in the export processing zones.

The Committee recalls that it has been asking the Government for many years to amend the national legislation, particularly the Labour Code, in order to bring it into conformity with the provisions of the Convention.

The Committee recalls that its comments refer principally to:

Article 1 of the Convention. Adequate protection of workers against acts of anti-union discrimination in respect of their employment. The Committee recalls that its previous comments concerned the need to adopt a specific provision establishing protection against anti-union discrimination in recruitment practices, and the need to adopt provisions generally affording adequate protection to workers against acts of anti-union discrimination (on the basis of union membership or activity) during employment, accompanied by effective and rapid procedures and penalties acting as an adequate deterrent.

The Committee notes that section 251 of the Labour Code provides that “any employer who, in order to prevent an employee from joining a trade union, organizing a trade union or exercising his or her rights as a trade union member, dismisses, suspends or demotes the employee or reduces his or her wages, shall be liable to a fine of 1,000 to 3,000 Haitian gourdes (HTG) (approximately US$25 to US$75) to be imposed by the labour tribunal, without prejudice to any compensation to which the employee concerned shall be entitled”. The Committee notes that the Government reiterates in its report that the social partners have begun to submit their views with regard to the preparation of the new Labour Code and that the points raised by the Committee regarding protection against anti-union discrimination at the time of recruitment and during employment are due to receive particular attention in the context of the reform in progress. The Committee requests the Government to ensure that, in the context of the reform of the Labour Code, the penalties provided for in the event of anti-union discrimination during employment are made more severe, in order to ensure that they act as an adequate deterrent. It also requests the Government to ensure that a specific provision establishing protection against anti-union discrimination at the time of recruitment is adopted.

Article 4. Promotion of collective bargaining. The Committee recalls that its previous comment also concerned the need to amend section 34 of the Decree of 4 November 1983, which empowers the Labour Organizations Branch of the Labour Directorate of the Ministry of Social Affairs and Labour to intervene in the drafting of collective agreements and in collective labour disputes with respect of all matters related to freedom of association. Noting the Government’s indication that this matter is due to receive particular attention in the context of the legislative reform in progress, the Committee hopes that the Government will avail itself of the technical assistance provided by the Office in this context to amend section 34 of the Decree of 4 November 1983, in order to ensure that the Labour Organizations Branch can only intervene in collective bargaining at the request of the parties. The Committee requests the Government to send a copy of any amendments adopted to this effect.

Right to collective bargaining of public officials and employees. The Committee requests the Government to provide information on the legal provisions relating to this field.

Right to collective bargaining in practice. The Committee appreciates the information to the effect that, further to the tripartite training on international labour standards and the ILO supervisory system organized by the Office in Port au-Prince in July 2012 for interested parties in the textile manufacturing sector, the participants affirmed the need, in order to continue to strengthen dialogue between the interested parties in this sector, to establish a permanent forum for bipartite dialogue which would meet each month to discuss all ILO-related subjects, and any other subject connected with labour relations. The Committee requests the Government to supply information on the activities of this dialogue forum and hopes that this process will be extended to other sectors, with technical assistance from the Office.

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

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The Committee takes note of the observations provided by the International Trade Union Confederation (ITUC) in a communication received on 31 August 2014. The Committee requests the Government to provide its comments in this regard.

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

The Committee notes the Government’s reply to the observations dated 31 July 2012 from the International Trade Union Confederation (ITUC), which deal in particular with legislative issues already raised by the Committee and with allegations of anti-union dismissals and obstacles to the exercise of trade union rights, particularly in the export processing zones. The ITUC also raises the issue of the observance of trade union rights of workers in the informal economy. Noting that most employment in Haiti is in the informal sector, the Committee requests the Government to indicate the manner in which the application of the Convention to workers in the informal economy is ensured and to clarify, in particular, whether specific measures have been adopted to address the particular difficulties encountered by these workers. The Committee also requests the Government to supply information on the application of the Convention in the export processing zones.

The Committee recalls that it has been asking the Government for many years to amend the national legislation, particularly the Labour Code, in order to bring it into conformity with the provisions of the Convention. In its previous observations the Committee noted that the Government referred to the establishment of a “think tank” for the reform of the Labour Code, that this reform would take account of the Committee’s comments and that the Government was availing itself of technical assistance from the Office towards this end. The Committee expressed the hope that the Government would continue to avail itself of such assistance in order to enable real progress in the revision of the national legislation in order to bring it into full conformity with the Convention. The Committee notes the technical assistance that the country has continued to receive in 2012, particularly in the context of the work in progress for the reform of the Labour Code.

The Committee recalls that its comments refer principally to:

Article 1 of the Convention. Adequate protection of workers against acts of anti-union discrimination in respect of their employment. The Committee recalls that its previous comments concerned the need to adopt a specific provision establishing protection against anti-union discrimination in recruitment practices, and the need to adopt provisions generally affording adequate protection to workers against acts of anti-union discrimination (on the basis of union membership or activity) during employment, accompanied by effective and rapid procedures and penalties acting as an adequate deterrent.

The Committee notes that section 251 of the Labour Code provides that “any employer who, in order to prevent an employee from joining a trade union, organizing a trade union or exercising his or her rights as a trade union member, dismisses, suspends or demotes the employee or reduces his or her wages, shall be liable to a fine of 1,000 to 3,000 Haitian gourdes (HTG) (approximately US$25 to US$75) to be imposed by the labour tribunal, without prejudice to any compensation to which the employee concerned shall be entitled”. The Committee notes that the Government reiterates in its report that the social partners have begun to submit their views with regard to the preparation of the new Labour Code and that the points raised by the Committee regarding protection against anti-union discrimination at the time of recruitment and during employment are due to receive particular attention in the context of the reform in progress. The Committee requests the Government to ensure that, in the context of the reform of the Labour Code, the penalties provided for in the event of anti-union discrimination during employment are made more severe, in order to ensure that they act as an adequate deterrent. It also requests the Government to ensure that a specific provision establishing protection against anti-union discrimination at the time of recruitment is adopted.

Article 4. Promotion of collective bargaining. The Committee recalls that its previous comment also concerned the need to amend section 34 of the Decree of 4 November 1983, which empowers the Labour Organizations Branch of the Labour Directorate of the Ministry of Social Affairs and Labour to intervene in the drafting of collective agreements and in collective labour disputes with respect of all matters related to freedom of association. Noting the Government’s indication that this matter is due to receive particular attention in the context of the legislative reform in progress, the Committee hopes that the Government will avail itself of the technical assistance provided by the Office in this context to amend section 34 of the Decree of 4 November 1983, in order to ensure that the Labour Organizations Branch can only intervene in collective bargaining at the request of the parties. The Committee requests the Government to send a copy of any amendments adopted to this effect.

Right to collective bargaining of public officials and employees. The Committee requests the Government to provide information on the legal provisions relating to this field.

Right to collective bargaining in practice. The Committee appreciates the information to the effect that, further to the tripartite training on international labour standards and the ILO supervisory system organized by the Office in Port au-Prince in July 2012 for interested parties in the textile manufacturing sector, the participants affirmed the need, in order to continue to strengthen dialogue between the interested parties in this sector, to establish a permanent forum for bipartite dialogue which would meet each month to discuss all ILO-related subjects, and any other subject connected with labour relations. The Committee requests the Government to supply information on the activities of this dialogue forum and hopes that this process will be extended to other sectors, with technical assistance from the Office.

Finally, the Committee noted that there is just one collective agreement in the country. The Government stated that it is essential that the “think tank” on the reform of the Labour Code takes account of the possibilities of promoting collective bargaining for all categories of workers. The Committee requests the Government to provide information on the aforementioned possibilities, and on any further developments in the situation (number of collective agreements concluded, sectors concerned and number of workers covered).

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

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The Committee notes the Government’s reply to the observations dated 31 July 2012 from the International Trade Union Confederation (ITUC), which deal in particular with legislative issues already raised by the Committee and with allegations of anti-union dismissals and obstacles to the exercise of trade union rights, particularly in the export processing zones. The ITUC also raises the issue of the observance of trade union rights of workers in the informal economy. Noting that most employment in Haiti is in the informal sector, the Committee requests the Government to indicate the manner in which the application of the Convention to workers in the informal economy is ensured and to clarify, in particular, whether specific measures have been adopted to address the particular difficulties encountered by these workers. The Committee also requests the Government to supply information on the application of the Convention in the export processing zones.

The Committee recalls that it has been asking the Government for many years to amend the national legislation, particularly the Labour Code, in order to bring it into conformity with the provisions of the Convention. In its previous observations the Committee noted that the Government referred to the establishment of a “think tank” for the reform of the Labour Code, that this reform would take account of the Committee’s comments and that the Government was availing itself of technical assistance from the Office towards this end. The Committee expressed the hope that the Government would continue to avail itself of such assistance in order to enable real progress in the revision of the national legislation in order to bring it into full conformity with the Convention. The Committee notes the technical assistance that the country has continued to receive in 2012, particularly in the context of the work in progress for the reform of the Labour Code.

The Committee recalls that its comments refer principally to:

Article 1 of the Convention. Adequate protection of workers against acts of anti-union discrimination in respect of their employment. The Committee recalls that its previous comments concerned the need to adopt a specific provision establishing protection against anti-union discrimination in recruitment practices, and the need to adopt provisions generally affording adequate protection to workers against acts of anti-union discrimination (on the basis of union membership or activity) during employment, accompanied by effective and rapid procedures and penalties acting as an adequate deterrent.

The Committee notes that section 251 of the Labour Code provides that: “any employer who, in order to prevent an employee from joining a trade union, organizing a trade union or exercising his or her rights as a trade union member, dismisses, suspends or demotes the employee or reduces his or her wages, shall be liable to a fine of 1,000 to 3,000 Haitian gourdes (HTG) (approximately US$25 to US$75) to be imposed by the labour tribunal, without prejudice to any compensation to which the employee concerned shall be entitled”. The Committee notes that the Government reiterates in its report that the social partners have begun to submit their views with regard to the preparation of the new Labour Code and that the points raised by the Committee regarding protection against anti-union discrimination at the time of recruitment and during employment are due to receive particular attention in the context of the reform in progress. The Committee requests the Government to ensure that, in the context of the reform of the Labour Code, the penalties provided for in the event of anti-union discrimination during employment are made more severe, in order to ensure that they act as an adequate deterrent. It also requests the Government to ensure that a specific provision establishing protection against anti-union discrimination at the time of recruitment is adopted.

Article 4. Promotion of collective bargaining. The Committee recalls that its previous comment also concerned the need to amend section 34 of the Decree of 4 November 1983, which empowers the Labour Organizations Branch of the Labour Directorate of the Ministry of Social Affairs and Labour to intervene in the drafting of collective agreements and in collective labour disputes with respect of all matters related to freedom of association. Noting the Government’s indication that this matter is due to receive particular attention in the context of the legislative reform in progress, the Committee hopes that the Government will avail itself of the technical assistance provided by the Office in this context to amend section 34 of the Decree of 4 November 1983, in order to ensure that the Labour Organizations Branch can only intervene in collective bargaining at the request of the parties. The Committee requests the Government to send a copy of any amendments adopted to this effect.

Right to collective bargaining of public officials and employees. The Committee requests the Government to provide information on the legal provisions relating to this field.

Right to collective bargaining in practice. The Committee appreciates the information to the effect that, further to the tripartite training on international labour standards and the ILO supervisory system organized by the Office in Port au-Prince in July 2012 for interested parties in the textile manufacturing sector, the participants affirmed the need, in order to continue to strengthen dialogue between the interested parties in this sector, to establish a permanent forum for bipartite dialogue which would meet each month to discuss all ILO-related subjects, and any other subject connected with labour relations. The Committee requests the Government to supply information on the activities of this dialogue forum and hopes that this process will be extended to other sectors, with technical assistance from the Office.

Finally, the Committee notes the Government’s indication that there is just one collective agreement in the country. The Government adds that it is essential that the “think tank” on the reform of the Labour Code takes account of the possibilities of promoting collective bargaining for all categories of workers. The Committee requests the Government to provide information on the aforementioned possibilities, and on any further developments in the situation (number of collective agreements concluded, sectors concerned and number of workers covered).

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Application of the Convention in practice. The Committee notes the comments of the International Trade Union Confederation (ITUC), dated 4 August 2011, which emphasize the serious consequences of the earthquake of 12 January 2010 on the exercise of trade union rights and refer to issues already raised by the Committee in its previous observations. Indeed, the Committee noted previously the ITUC’s comments, which related, among other matters, to acts of discrimination against trade unionists and interference by certain enterprises in trade union activities – acts which have not been penalized – and reiterated the necessity to carry out legislative reforms. The Committee also noted the comments of the ITUC concerning the weakness of the labour inspectorate and the judicial system with regard to violations of trade union rights. The Committee noted the Government’s confirmation of this weakness in stating that the administrative examination of cases may take several weeks owing to the large number of cases and the lack of resources within the administration. However, the Government indicated that no formal complaints related the violations of trade union rights had been lodged with the labour administration. The Committee once again requests the Government to provide information on the cases of violations of trade union rights mentioned by the ITUC and to examine with the social partners the measures to be taken with a view to the adoption of rapid and effective mechanisms for the protection of trade union rights.

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

Articles 1, 2 and 4 of the Convention. In its previous comments, the Committee asked the Government to indicate any developments concerning: (i) the adoption of a specific provision establishing protection against anti-union discrimination in hiring practices; (ii) the adoption of provisions generally affording adequate protection to workers against acts of anti-union discrimination (on the basis of union membership or activity), accompanied by effective and expeditious procedures and sufficiently dissuasive penalties; and (iii) the revision of section 34 of the Decree of 4 November 1983 empowering the Social Organizations Branch of the Department of Labour and Social Welfare to intervene in the drafting of collective agreements, without specifying the nature of such intervention or the cases concerned. The Committee trusts that these issues will be taken into account in the context of the work of the “think-tank” for the reform of the Labour Code relating to a new legal framework and the judicial reform mentioned by the Government, and trusts that the Government will refer in its next report to real progress made in the adoption of national legislation which is in full conformity with the Convention.

The Committee previously asked the Government to supply information on the number of collective agreements in force for rural workers, workers in the informal economy, self-employed workers and domestic workers, and also the coverage provided by these agreements. The Committee noted the Government’s reply that no collective agreements exist in the abovementioned sectors. The Committee requests the Government to examine, in conjunction with the social partners concerned, ways of promoting collective bargaining for rural workers, self-employed workers, domestic workers and workers in the informal economy. The Committee requests the Government to supply information in this respect.

The Committee is aware of the difficulties faced by the country and trusts that the Government will continue to avail itself of the technical assistance of the Office with regard to all the matters raised.

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Articles 1, 2 and 4 of the Convention. In its previous comments, the Committee asked the Government to indicate any developments concerning: (i) the adoption of a specific provision establishing protection against anti-union discrimination in hiring practices; (ii) the adoption of provisions generally affording adequate protection for workers against acts of anti-union discrimination (on the basis of union membership or activity), accompanied by effective and expeditious procedures and sufficiently dissuasive penalties; (iii) the revision of section 34 of the Decree of 4 November 1983 empowering the Social Organizations Branch of the Department of Labour and Social Welfare to intervene in the drafting of collective agreements, without specifying the nature of such intervention or the cases concerned. The Committee trusts that these issues will be taken into account in the context of the work of the “think-tank” for the reform of the Labour Code relating to a new legal framework and the judicial reform mentioned by the Government, and trusts that the Government will refer in its next report to real progress made in the adoption of national legislation which is in full conformity with the Convention.

Application of the Convention in practice. The Committee notes the observations from the International Trade Union Confederation (ITUC) dated 29 August 2008 and 26 August 2009, which refer to matters already raised by the Committee in its previous observation, particularly acts of discrimination against trade unionists and interference by certain enterprises in trade union activities – acts which have not been penalized – and reiterate the necessity of carrying out legislative reforms. The Committee also notes the observations from the ITUC concerning the weakness of the labour inspectorate and judicial system with regard to violations of trade union rights. The Committee notes that the Government confirms this weakness in stating that the administrative examination of cases may take several weeks owing to the large number of cases and the lack of resources within the administration. However, the Government declares that no formal complaints have been lodged with the labour inspectorate with regard to any violation of union rights. The Committee requests the Government to supply information on the violations of trade union rights referred to by the ITUC in its communication of 2008 and to examine with the social partners the measures to be taken with a view to the adoption of rapid and effective mechanisms for the protection of trade union rights.

The Committee previously asked the Government to supply information on the number of collective agreements in force for rural workers, workers in the informal economy, self-employed workers and domestic workers, and also the coverage provided by these agreements. The Committee notes the Government’s reply that no collective agreements exist in the abovementioned sectors. The Committee requests the Government to examine, in conjunction with the social partners concerned, ways of promoting collective bargaining for rural workers, self-employed workers, domestic workers and workers in the informal economy. The Committee requests the Government to supply information in this respect.

The Committee is aware of the difficulties faced by the country and trusts that the Government will continue to avail itself of technical assistance from the Office with regard to all the matters raised.

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Comments by the ITUC. The Committee notes the Government’s reply to the comments made in 2007 by the International Trade Union Confederation (ITUC) on the application of the Convention. These comments related to legislative issues concerning the dispute settlement machinery and acts of discrimination and interference in certain enterprises which have not been penalized. Furthermore, according to the ITUC, the labour inspectorate is unable to operate and the judicial system is dysfunctional. The Government indicates in its reply that the labour inspectorate is not incapable of operating, even though it is not functioning at full efficiency, and that the judicial system has been under reform since 2006 and is now in operation as a result of the restoration of courts throughout the country. The Committee requests the Government to provide additional information in this regard, including the number of complaints of violations of trade union rights to the labour inspectorate and the courts, the average duration of the investigation of cases and the outcomes of legal proceedings.

With regard to the ITUC’s comments that workers in rural areas and the informal economy, self-employed workers and domestic workers are not covered by the Labour Code and have no trade union rights, the Government indicates in its report that all workers in the sectors referred to benefit in practice from trade union rights and provides certain examples of representative organizations in these sectors which have sought the registration of their by-laws with the authorities. The Committee requests the Government to provide information in future reports on the number of collective agreements in the sectors referred to and their coverage.

The Committee also notes the ITUC’s communication dated 29 August 2008. The issues raised therein will be considered during its next examination of the application of the Convention.

Articles 1, 2 and 4 of the Convention. In its previous comments, the Committee requested the Government to indicate any developments concerning: (i) the adoption of a specific provision establishing protection against anti-union discrimination in hiring practices; (ii) the adoption of provisions affording in general adequate protection for workers against acts of anti-union discrimination, accompanied by effective and expeditious procedures and sufficiently dissuasive sanctions; and (iii) the revision of section 34 of the Decree of 4 November 1983 empowering the Social Organizations Branch of the Department of Labour and Social Welfare to intervene in the drafting of collective agreements. In its report, the Government indicates that the requested amendments to the legislation have not yet been adopted, but specifies that the Ministry of Social Affairs and Labour intervenes to settle any dispute when so requested by trade union organizations. The Government adds that the intervention of the authorities in the formulation of collective agreements is confined to verifying their conformity with legal provisions and does not therefore constitute interference. While noting the persistence of the difficulties confronting the country, the Committee trusts that the Government will soon report progress in the adoption of legislative measures to bring the national legislation into full conformity with the Convention.

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

1. Comments by the ITUC. The Committee takes note of a communication of 28 August 2007 from the International Trade Union Confederation (ITUC) on matters already raised concerning legislative issues relating to the dispute settlement machinery and acts of discrimination and interference in certain enterprises which have not been sanctioned. According to the ITUC, workers in rural areas and the informal economy, self-employed workers and domestic workers are not covered by the Labour Code and have no trade union rights. Furthermore, according to the ITUC, the labour inspectorate is unable to operate and the courts system is dysfunctional.

2. Articles 1, 2 and 4 of the Convention. In its previous comments the Committee asked the Government to keep it informed of any developments concerning: (i) the adoption of a specific provision establishing protection against anti-union discrimination in hiring practices; (ii) the adoption of provisions providing in general adequate protection for workers against acts of anti-union discrimination, accompanied by efficient and swift procedures and sufficiently dissuasive sanctions; and (iii) the revision of section 34 of the Decree of 4 November 1983 empowering the social organizations branch of the Department of Labour and Social Welfare to intervene in the drafting of collective agreements.

The Committee recalls that in its 2005 report, the Government stated its intention of taking all necessary measures to protect workers against all forms of anti-union discrimination, provide workers’ and employers’ organizations with adequate protection against acts of interference in each other’s affairs, and establish the conditions for encouraging and promoting the development and broadest possible use of voluntary bargaining procedures. The Committee notes that, according to the ITUC, the new Government has reiterated these commitments but no progress has been noted as yet.

While noting the difficulties the country is confronting, the Committee expresses the hope that the Government will be in a position to report progress in the near future in the adoption of legislative measures to bring the national legislation into line with the Convention and reminds it that the technical assistance of the Office is at its disposal. It also asks the Government to provide detailed information in response to the ITUC’s observations and on developments in the situation.

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1. ICFTU comments. The Committee notes the Government’s reply to the comments of the International Confederation of Free Trade Unions (ICFTU), dated 31 August 2005, on the application of the Convention.

The Committee also notes the communication dated 10 August 2006 from the ICFTU relating to issues already raised and reporting certain recent violations of the Convention.

The Committee recalls that, in its comments in 2005, the ICFTU referred to the conflict between the trade union organization Batay Ouvrye, Sokowa, trade union of the workers of the CODEVI Ouanaminthe, affiliated to the Bataye Ouvrye, and the enterprise Grupo M, which resulted in the massive dismissal of trade unionists and interventions by the Dominican military to guarantee the security of the enterprise located in the export processing zone on the Haitian-Dominican border. In this respect, the Government indicates that it has taken measures to provide the necessary support in the context of the management of relations between these social partners. Several working meetings have been held, an employment office has been established in Ouanaminthe with conciliation inspectors with the function of providing support and ensuring control of employment relations in the export processing zone. Relations have since stabilized and a collective agreement was concluded by the employer and the trade union in December 2005. The Government emphasizes that violations of trade union rights were committed by the political police of the former regime and that trade union organizations now maintain regular and normal relations with the Labour Directorate. The Committee notes this information.

2. Articles 1, 2 and 4 of the Convention. The Committee refers to its previous comments, in which it requested the Government to keep it informed of any developments regarding: (i) the adoption of a specific provision to afford protection against anti-union discrimination at the time of recruitment; (ii) the adoption of provisions, coupled with effective and expeditious procedures and sufficiently dissuasive sanctions, guaranteeing workers general and adequate protection against acts of anti-union discrimination; and (iii) the amendment of section 34 of the Decree of 4 November 1983 which empowers the Social Organizations Unit of the Department of Labour and Social Welfare to intervene in the drafting of collective agreements.

While noting that any reform of the labour legislation may have been delayed by the difficulties facing the country, the Committee notes that, in its report in 2005, the Government expressed its commitment to adopt all necessary measures to protect workers against any anti-union discrimination, ensure adequate protection for employers’ and workers’ organizations against any acts of interference by each other and establish the conditions to encourage and promote the development of voluntary bargaining procedures and their widest possible use.

The Committee reminds the Government that ILO technical assistance is at its disposal and requests the Government to provide detailed information in its next report on any progress achieved in this respect and, in the meantime, to keep it informed of any developments in the situation. The Committee hopes to be able to note concrete progress in the near future.

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The Committee takes note of the Government’s report.

In its previous comments, the Committee had requested the Government to keep it informed of any developments regarding: (i) the adoption of a specific provision to afford protection against anti-union discrimination at the time of recruitment; (ii) the adoption of provisions, coupled with effective and expeditious procedures and sufficiently dissuasive sanctions, guaranteeing workers general and adequate protection against acts of anti-union discrimination; and (iii) the amendment of section 34 of the Decree of 4 November 1983 which empowers the Social Organizations Service of the Department of Labour and Social Welfare to intervene in the framing of collective agreements.

The Committee takes note of the comments sent on 31 August 2005 by the International Confederation of Free Trade Unions (ICFTU) alleging the exclusion of certain categories of workers from the scope of the Labour Code (public servants, domestic workers, farmers, self-employed workers and workers in the informal economy), the dismissal or intimidation of persons attempting to organize workers into trade unions, shortcomings in the procedure for dispute settlement and the lack of adequate protection of workers’ organizations against acts of interference by employers’ organizations. The Committee notes the Government’s statement that, in the light of the ICFTU’s comments, it undertakes to do its utmost to give effect to the provisions of the Convention. The Committee requests the Government to keep it informed of the measures taken.

While noting that any reform of the labour legislation may have been delayed by the difficulties facing the country, the Committee notes the Government’s undertaking to adopt all necessary measures to protect workers against all anti-union discrimination, to ensure adequate protection for employers’ and workers’ organizations against acts of interference by each other and to establish conditions to encourage and promote the development of voluntary bargaining procedures and their use on as wide a scale as possible.

The Committee reminds the Government that technical assistance from the Office is at its disposal and requests the Government to send detailed information in its next report on all progress made in this respect and, meanwhile, to keep it informed of any developments.

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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 requested the Government to provide information on developments concerning: (i) the adoption of a specific provision envisaging protection against anti-union discrimination at the time of recruitment; (ii) the adoption of provisions coupled with effective and expeditious procedures and sufficiently dissuasive sanctions guaranteeing workers general and adequate protection against acts of anti-union discrimination; and (iii) the amendment of section 34 of the Decree of 4 November 1983 which empowers the Social Organizations Service of the Department of Labour and Social Welfare to intervene in the elaboration of collective agreements.

Furthermore, the Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU) in a communication dated 24 May 2002, and by the Haitian Trade Union Coordination (CSH) in a communication dated 26 August 2002. The Committee requests the Government to provide its observations on these comments as soon as possible.

It also expresses the firm hope that the Government will take all the necessary measures to bring its legislation into full conformity with the provisions of the Convention and requests the Government to keep it informed of any developments in this respect.

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 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 requested the Government to provide information on developments concerning: (i) the adoption of a specific provision envisaging protection against anti-union discrimination at the time of recruitment; (ii) the adoption of provisions coupled with effective and expeditious procedures and sufficiently dissuasive sanctions guaranteeing workers general and adequate protection against acts of anti-union discrimination; and (iii) the amendment of section 34 of the Decree of 4 November 1983 which empowers the Social Organizations Service of the Department of Labour and Social Welfare to intervene in the elaboration of collective agreements.

Furthermore, the Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU) in a communication dated 24 May 2002, and by the Haitian Trade Union Coordination (CSH) in a communication dated 26 August 2002. The Committee requests the Government to provide its observations on these comments as soon as possible.

It also expresses the firm hope that the Government will take all the necessary measures to bring its legislation into full conformity with the provisions of the Convention and requests the Government to keep it informed of any developments in this respect.

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

In its previous comments, the Committee had requested the Government to provide information on developments concerning: (i) the adoption of a specific provision envisaging protection against anti-union discrimination at the time of recruitment; (ii) the adoption of provisions coupled with effective and expeditious procedures and sufficiently dissuasive sanctions guaranteeing workers general and adequate protection against acts of anti-union discrimination; and (iii) the amendment of section 34 of the Decree of 4 November 1983 which empowers the Social Organizations Service of the Department of Labour and Social Welfare to intervene in the elaboration of collective agreements.

Furthermore, the Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU) in a communication dated 24 May 2002, and by the Haitian Trade Union Coordination (CSH) in a communication dated 26 August 2002. The Committee requests the Government to provide its observations on these comments as soon as possible.

It also expresses the firm hope that the Government will take all the necessary measures to bring its legislation into full conformity with the provisions of the Convention and requests the Government to keep it informed of any developments in this respect.

The Committee hopes that the Government will make every effort to 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:

        In its previous comments, the Committee had requested the Government to provide information on developments concerning: (i) the adoption of a specific provision envisaging protection against anti-union discrimination at the time of recruitment; (ii) the adoption of provisions coupled with effective and expeditious procedures and sufficiently dissuasive sanctions; guaranteeing workers general and adequate protection against acts of anti-union discrimination; and (iii) the amendment of section 34 of the Decree of 4 November 1983 which empowers the Social Organizations Service of the Department of Labour and Social Welfare to intervene in the elaboration of collective agreements.

        The Committee regrets that while the Government indicates its intent to adopt other measures in order to give effect to these provisions of the Convention, it continues to respond in very broad terms on the specific points above.

        The Committee once again expresses its firm hope that the Government will take the necessary steps to bring its legislation into full conformity with the provisions of the Convention and requests the Government to keep it informed of any developments in this regard.

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 report.

In its previous comments, the Committee had requested the Government to provide information on developments concerning: (i) the adoption of a specific provision envisaging protection against anti-union discrimination at the time of recruitment; (ii) the adoption of provisions coupled with effective and expeditious procedures and sufficiently dissuasive sanctions; guaranteeing workers general and adequate protection against acts of anti-union discrimination; and (iii) the amendment of section 34 of the Decree of 4 November 1983 which empowers the Social Organizations Service of the Department of Labour and Social Welfare to intervene in the elaboration of collective agreements.

The Committee regrets that while the Government indicates its intent to adopt other measures in order to give effect to these provisions of the Convention, it continues to respond in very broad terms on the specific points above.

The Committee once again expresses its firm hope that the Government will take the necessary steps to bring its legislation into full conformity with the provisions of the Convention and requests the Government to keep it informed of any developments in this regard.

CMNT_TITLE

The Committee notes the Government's report and recalls that in its previous observations it had requested the Government to keep it informed of all developments concerning: (i) the adoption of a specific provision providing for protection against anti-union discrimination at the time of recruitment; (ii) the adoption of provisions guaranteeing, in a general manner, workers adequate protection against acts of anti-union discrimination coupled with effective and expeditious procedures and sufficiently dissuasive sanctions; and (iii) the amendment of section 34 of the Decree of 4 November 1983, which confers on the Social Organizations Service of the Department of Labour and Social Welfare the power to intervene in the drawing up of collective agreements.

In its previous report, the Government had indicated that section 34 of the Decree of 4 November 1983 was in the process of being amended and that the adoption of specific provisions which provide protection against anti-union discrimination were being examined. The Committee regrets that the Government is unable to provide specific information on these points in its present report and is now bound to reiterate its previous comments. The Committee expresses the firm hope that the Government will take the necessary measures to bring its law in to full conformity with the provisions of the Convention and requests the Government to keep it informed of any developments in this respect.

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 in its previous observations it had asked the Government to indicate progress made in: (i) the revision of section 34 of the Decree of 4 November 1983, which confers on the Service of Social Organizations the power to intervene in the preparation of collective agreements; and (ii) the adoption of a specific provision providing for protection against anti-union discrimination at the time of recruitment as well as for the reinstatement of workers dismissed on grounds of legitimate trade union activities. The Committee notes that the Government indicates in its report that section 34 of the Decree of 4 November 1983 is being amended and that the adoption of specific provisions providing for protection against anti-union discrimination is being reviewed. The Committee requests the Government to take the necessary steps to bring its legislation into conformity with the Convention, particularly by repealing section 34 of the Decree of 4 November 1983 and by adopting provisions guaranteeing workers adequate protection against acts of anti-union discrimination, coupled with effective and expeditious procedures and with sufficiently dissuasive sanctions to ensure their application. The Committee requests the Government to keep it informed of any developments in this regard.

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 report and recalls that in its previous observations it had asked the Government to indicate progress made in: (i) the revision of section 34 of the Decree of 4 November 1983, which confers on the Service of Social Organizations the power to intervene in the preparation of collective agreements; and (ii) the adoption of a specific provision providing for protection against anti-union discrimination at the time of recruitment as well as for the reinstatement of workers dismissed on grounds of legitimate trade union activities.

The Committee notes that the Government indicates in its report that section 34 of the Decree of 4 November 1983 is being amended and that the adoption of specific provisions providing for protection against anti-union discrimination is being reviewed. The Committee requests the Government to take the necessary steps to bring its legislation into conformity with the Convention, particularly by repealing section 34 of the Decree of 4 November 1983 and by adopting provisions guaranteeing workers adequate protection against acts of anti-union discrimination, coupled with effective and expeditious procedures and with sufficiently dissuasive sanctions to ensure their application. The Committee requests the Government to keep it informed of any developments in this regard.

CMNT_TITLE

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

In its previous observation, the Committee asked the Government to report on the progress of (1) the revision of section 34 of the Decree of 4 November 1983, which confers on the Service of Social Organizations the power to intervene in the preparation of collective agreements, and (2) the adoption of specific provisions prescribing protective measures against anti-union discrimination at the time of recruitment and reinstatement of workers dismissed on grounds of legitimate trade union activities. The Committee notes that, in its previous reports, the Government indicated that the committee in charge of reforming the Labour Code was engaged in a comprehensive examination of the Decrees being drafted to amend section 34 of the Decree of 4 November 1983 and the Decrees concerning protective measures against anti-union discrimination. The Committee would ask the Government to provide information in its next report on the measures taken by the above committee to bring the legislation into full conformity with 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 that for the second year in succession the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In its previous observation, the Committee asked the Government to report on the progress of (1) the revision of section 34 of the Decree of 4 November 1983, which confers on the Service of Social Organizations the power to intervene in the preparation of collective agreements, and (2) the adoption of specific provisions prescribing protective measures against anti-union discrimination at the time of recruitment and reinstatement of workers dismissed on grounds of legitimate trade union activities. The Committee notes that, in its previous reports, the Government indicated that the committee in charge of reforming the Labour Code was engaged in a comprehensive examination of the Decrees being drafted to amend section 34 of the Decree of 4 November 1983 and the Decrees concerning protective measures against anti-union discrimination. The Committee would ask the Government to provide information in its next report on the measures taken by the above committee to bring the legislation into full conformity with the Convention.

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 takes note of the information supplied at the Conference Committee in 1989 and of the Government's report. In its previous observation, the Committee asked the Government to report on the progress of (1) the revision of section 34 of the Decree of 4 November 1983, which confers on the Service of Social Organizations the power to intervene in the preparation of collective agreements, and (2) the adoption of specific provisions prescribing protective measures against anti-union discrimination at the time of recruitment and reinstatement of workers dismissed on grounds of legitimate trade union activities. The Committee notes that, in its reports, the Government indicates that the committee in charge of reforming the Labour Code is engaged in a comprehensive examination of the Decrees being drafted to amend section 34 of the Decree of 4 November 1983 and the Decrees concerning protective measures against anti-union discrimination.

The Committee would ask the Government to provide information in its next report on the measures taken by the above committee to bring the legislation into full conformity with the Convention.

CMNT_TITLE

The Committee takes note of the information supplied at the Conference Committee in 1989 and of the Government's report.

In its previous observation, the Committee asked the Government to report on the progress of (1) the revision of section 34 of the Decree of 4 November 1983, which confers on the Service of Social Organisations the power to intervene in the preparation of collective agreements, and (2) the adoption of specific provisions prescribing protective measures against anti-union discrimination at the time of recruitment and reinstatement of workers dismissed on grounds of legitimate trade union activities.

The Committee notes that, in its reports, the Government indicates that the committee in charge of reforming the Labour Code is engaged in a comprehensive examination of the Decrees being drafted to amend section 34 of the Decree of 4 November 1983 and the Decrees concerning protective measures against anti-union discrimination.

The Committee trusts that, in view of the recent changes in Haiti, the Government will be in a position to provide information in its next report on the measures taken by the above committee to bring the legislation into full conformity with the Convention.

CMNT_TITLE

The Committee has taken note of the information provided by the Government in its report and of the conclusions reached by the Committee on Freedom of Association in Case No. 1396 examined in February 1989 (see 262nd Report) relating to anti-union dismissal practices.

Further to its earlier comments on the need to amend section 34 of the Decree of 4 November 1983 which confers on the Service of Social Organisations the power to intervene in the preparation of collective agreements, and to adopt a specific provision containing protective measures against anti-union discrimination at the recruitment stage and to require employers that have dismissed workers on grounds linked to legitimate trade union activities to reinstate them in their jobs, the Committee notes the information supplied by the Government in its report. In particular, it notes with interest that following the ILO mission that went to Haiti and met the competent national departments in October 1988, section 34 of the Legislative Decree of 4 November 1983 is in the process of being revised and that the adoption of specific provisions prescribing protective measures against anti-union discrimination at the recruitment stage and the reinstatement of workers dismissed on grounds of legitimate trade union activities is currently being studied.

The Committee trusts that provisions in conformity with the requirements of the Convention will shortly be adopted and requests the Government to indicate in its next report any progress made in this respect. [The Government is asked to supply full particulars to the Conference at its 76th session.]