Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

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

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

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

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

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

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

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

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

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