Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

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. It must therefore repeat its previous observation which read as follows:

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 The Committee notes that the Government gave a formal assurance that section 236bis of the Penal Code would be repealed and that tripartite meetings had been held to prepare a new Labour Code with a view to implementing the necessary reforms.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