Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

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

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

The Committee notes that the Government undertakes to work towards:

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

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

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

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

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