Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

The Committee takes note of the Government’s reply to the comments of 4 August 2011 by the International Trade Union Confederation (ITUC) that referred in particular to acts of violence against demonstrators and the murder of two trade unionists in the transport sector. The Committee notes in particular the indication that one of the trade unionists fell foul of the general climate of insecurity in the country leading up to the elections of 2010 and that the other died following an illness. It also notes the ITUC’s new comments of 31 July 2012, some of which concern legislative issues already raised by the Committee.

The Committee has for many years been asking the Government to amend the national legislation, particularly the Labour Code, in order to align it with the provisions of the Convention. In its previous observations the Committee noted that the Government had reported the establishment of a committee to consider the reform of the Labour Code and that in the revision of the Labour Code the Committee’s comments would be taken into account and that, to that end, it was receiving technical assistance from the Office. The Committee accordingly expressed the hope that the Government would continue to benefit from the Office’s technical assistance so that real progress could be made in revising the legislation to bring it fully into conformity with the Convention. The Committee notes in this connection the technical assistance the country continued to receive in 2012, particularly in the ongoing work to reform the Labour Code. The Committee notes that in its report, the Government reiterates that the social partners have begun to submit their suggestions for the new Code and that it has reason to believe that the reform will address the points raised by the Committee. In previous comments, the Committee made the following points:

Article 2 of the Convention. Right of workers, without distinction whatsoever, to form and join organizations of their choosing.

• -The need to amend articles 229 and 233 of the Labour Code in order to ensure that minors who have reached the statutory minimum age for admission to employment are allowed to exercise their trade union rights without parental authorization.
• -The need to amend section 239 of the Labour Code so as to allow foreign workers to serve as trade union officials, at least after a reasonable period of residence in the country.
• -The need to guarantee for domestic workers the rights laid down in the Convention (section 257 of the Labour Code establishes that domestic work is not governed by the Code, and the Act adopted by Parliament in 2009 to amend this provision – which has not yet been promulgated but to which the Government referred in its previous reports – likewise omits the trade union rights of domestic workers).

Article 3. Right of workers’ organizations to organize their activities and formulate their programmes.

• -The need to revise the Labour Code’s provisions on compulsory arbitration so as to ensure that recourse to the latter in order to end a collective labour dispute or a strike may be had only in specific circumstances, namely: (1) when the two parties to the dispute so agree; or (2) where a strike may be restricted, or prohibited, namely: (a) in disputes involving officials who exercise authority in the name of the State; (b) in disputes in essential services in the strict sense of the term; or (c) in situations of acute national or local crisis, although only for a limited period and solely to the extent necessary to meet the requirements of the situation.

While aware of the difficulties the country is facing, the Committee trusts that with the technical assistance it is receiving, in particular for the reform of the Labour Code, and with the political will reaffirmed by the Government, the latter will be in a position in its next report to provide information on progress made in revising the national legislation to bring it fully into conformity with the Convention. The Committee requests the Government to provide copies of any new texts adopted.

Furthermore, the Committee notes with interest that a tripartite training course on international labour standards and the ILO supervisory system, was organized by the Office in July 2012 in Port-au-Prince for stakeholders in the garment sector, as a first stage in the process to build capacity in the area of international labour standards in Haiti. The Committee hopes that this process will continue with technical assistance from the Office.

Lastly, concerning its comments on the need to revise 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 notes the information supplied by the Government to the effect that this provision does not apply to trade unions.

The Committee raises other matters in a request addressed directly to the Government.