Interim Report - Report No 76, 1964

Case No 329 (Cuba) - Complaint date: 16-FEB-63 - Closed

1. 313. The complaint is contained in a communication dated 16 February 1963. It was brought to the attention of the Government, which replied to it on 7 April 1964.
2. 314. Cuba has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 315. The complainants have submitted to the Committee a lengthy document in which it is alleged that the Cuban Government has violated the principles and standards laid down in Conventions Nos. 87 and 98 in regard to both employers and workers. As regards the actual matter of the right of association of employers, the complainants allege that as from 1 January 1959, when the present régime came to power, it began by progressive stages to restrict and interfere with the free operation of the employers' organisations, arbitrarily decreeing that there should be intervention therein, persecuting their members and leaders, thus forcing them into exile, and finally ordering the dissolution of the employers' associations, the majority of which were wound up during 1960 and 1961. The complainants add that in making these interventions the Ministry of Labour invoked Act No. 907 of 31 December 1961, which empowered the Minister to order the taking of such measures where in his opinion circumstances rendered it necessary for the maintenance in operation of the centres of production. This Act, which was in force for 16 months before being repealed by Act No. 1021 of 4 May 1962, was the pretext used to interfere with and finally dissolve all the employers' organisations. The greater part of the document is concerned with various nationalisation and expropriation measures taken by the Government.
2. 316. In its reply the Government merely states that in regard to this case, in view of the political and ideological implications which naturally arise from it, it wishes to draw the attention of the Governing Body to the importance of the right of peoples to self-determination, and their freedom to choose the economic systems and political structures best suited to their desires for progress and culture, in peaceful co-existence with other peoples and different systems.

B. B. The Committee's conclusions

1. 317. The Committee considers that the Government's reply does not contain any information specific enough to enable it to form an opinion as to the merits of the complaint. The complainants allege in fact that the Minister interfered with employers' organisations, invoking Act No. 907 of 1961, " where in his opinion circumstances rendered it necessary for the maintenance in operation of the centres of production ". The complainants also declare that this interference with the associations culminated in their dissolution. The Government makes no reference to these specific allegations, nor to the reasons which motivated the Government's actions.
2. 318. The Committee observes that Cuba has ratified Convention No. 87, Article 2 of which provides that employers as well as workers, without distinction whatsoever, shall have the right to establish organisations of their own choosing without previous authorisation; Article 3 stipulates that public authorities shall refrain from any interference which would restrict the right of organisations to draw up their Constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes; while Article 4 lays down that organisations shall not be liable to be dissolved or suspended by administrative authority. Moreover, the Committee also observes that, according to a statement made by a Government representative to the Committee on the Application of Conventions and Recommendations at the International Labour Conference in 1962, employers may form associations in conformity with the Royal Decree of 18881

The Committee's recommendations

1. 319. In these circumstances the Committee recommends the Governing Body:
   • (a) to express its regret that, more than a year after the complaint was brought to its attention, the Government still has not furnished concrete observations concerning the specific allegations made in the complaint ;
   • (b) to request the Government to be good enough to furnish its observations as soon as possible, particularly in regard to the measures taken in respect of employers' associations, the legal enactments invoked in this connection and the procedure followed ;
   • (c) to take note of the present interim report, it being understood that the Committee will report further as soon as it has received the information requested from the Government.