Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

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

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

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

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

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

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

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

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