Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 2 and 3 of the Convention. Right of workers and employers to establish and join organizations of their own choosing. Right of workers’ organizations to organize their activities in full freedom. For many years, the Committee has been referring to the need to amend section 34 of the Decree of 4 November 1983, which confers powers upon the Social Organizations Service of the Labour Directory of the Ministry of Social Affairs and Labour which could lead to interference in the establishment and operation of trade unions. The Committee hopes that the Government will take advantage of the technical assistance provided by the Office with a view to harmonizing the provisions of the national legislation respecting the role of the Social Organizations Service, by amending section 34 of the Decree of 4 November 1983 so as to ensure that the second role attributed to the Service does not go beyond that recognized in the Labour Code, as it may be amended. The Committee requests the Government to provide a copy of any amendment adopted in this respect.

The Committee also recalls that several laws and regulations contain provisions respecting the bodies responsible for conciliation and arbitration (the Decree of 15 June 1990, amending the Decree of 16 January 1989 establishing a Tripartite Conciliation and Arbitration Commission; the Order of 4 January 1995 establishing a Consultation and Arbitration Commission; Chapter V of the Labour Code providing for a Higher Arbitration Board). The Committee once again requests the Government to indicate the manner in which these texts interlink and to provide information on the operation and activities of these bodies.

Finally, the Committee recalls that, in accordance with section 151 of the Decree of 17 May 2005 amending the Act of 1982 issuing the Public Service Regulations, “Freedom of association and the right to organize are guaranteed for public servants for the defence of their rights and under the conditions set out by law”. The Committee once again requests the Government to specify the conditions referred to in this section.