Definitive Report - Report No 262, March 1989

Case No 1396 (Haiti) - Complaint date: 05-NOV-86 - Closed

1. 154. The pending complaints in the present case were presented in November 1986 and in June and July 1987. Despite the numerous requests addressed to it by the Committee, the Government had provided no comments on the issues raised. Consequently, the Committee, after having noted that the observations requested on a number of occasions had not been received and after having addressed an urgent appeal to the Government to transmit its observations, drew the Government's attention to the fact that, in accordance with the procedural rules set out in, it would present a report at its next meeting on the substance of this case, even if the observations requested from the Government had not been received in time.
2. 155. At its March 1988 meeting, in the absence of any reply from the Government, the Committee was called upon to examine this case and presented an interim report on the substance of the matter to the Governing Body (see the Committee's 254th Report, approved by the Governing Body in March 1988).
3. 156. Moreover, in accordance with a decision of the Committee, its Chairman, Mr. Roberto Ago, met Haiti's Government delegation during the 1988 International Labour Conference. During this meeting it was decided that the mission examining the implementation of the recommendations made in 1983 by the Commission of Inquiry regarding Haitian workers on the sugar plantations of the Dominican Republic would also discuss questions raised by the present case. This mission arrived in Haiti in October 1988, and the Committee proposes to examine the case in light of the information compiled by it on the spot.
4. 157. Haiti 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. Previous examination of the case

1. 158. The allegations made in the present case essentially concern anti-trade union reprisals by employers against workers who were seeking to carry out legitimate trade union activities, the arrests of trade union leaders and activists specifically named by the complainant following a two-day strike in 1987, the dissolution by administrative decision of the Autonomous Confederation of Haitian Workers (CATH), notwithstanding the subsequent revocation of this dissolution, the violent occupation of the CATH's premises and the confiscation of trade union assets belonging to it. In the absence of any denial of these allegations by the Government, the Committee was at the time obliged to conclude that a serious violation of the principles of freedom of association had occurred.
2. 159. In March 1988, the Governing Body upon the recommendation of the Committee, after having deplored the lack of co-operation from the Government in this affair, requested it:
   • - to ensure that the material and money of the Autonomous Confederation of Haitian Workers, which were confiscated during the attack on the headquarters of the Confederation on 22 June 1987 (a car, office equipment and a sum of money), be returned to the CATH;
   • - to take severe measures to eliminate the danger involved in trade union activities, the arrest of trade unionists following strikes, and the ill-treatment and other punitive measures reportedly inflicted on them, and to indicate whether judicial inquiries had been instigated into the ill-treatment inflicted on the imprisoned trade unionists;
   • - to endeavour to bring about the reinstatement of the many workers dismissed for having wanted to conduct legitimate trade union activities, including the creation of trade union organisations within their enterprises.

B. Information compiled by the mission

1. 160. The mission met trade union representatives concerned with this case in Haiti. They noted that many of the assets taken by the armed forces after the attack on the CATH's premises on 22 June 1987 were not returned. This included a photocopying machine, three typewriters, three motorcycles, 1,800 dollars and the organisation's records. Some equipment was returned, but it was completely broken and unusable.
2. 161. According to the trade union representatives, the workers dismissed for wanting to carry out legitimate trade union activities have not been reinstated, and eight CATH activists who suffered ill-treatment when arrested on 22 June 1987 are still ill and depend on the CATH for the payment of their medical care. No judicial inquiries have been instigated regarding the allegations of ill-treatment.
3. 162. The trade union representatives went on to allege that freedom of association in the country is only a facade, that no standard guaranteeing freedom of association is respected, that employers do not respect freedom of association and are condoned in doing so by the authorities and that workers are still dismissed for trade union activities. The trade union representatives also generally denounced the corruption which is rampant among inspectors and in labour courts, noting that some cases have been pending since 1986 without the workers concerned receiving any salary, allowance or pension, that peasants' federations affiliated to the CATH have been waiting for two years to be registered, and that two trade union premises have been destroyed by fire.
4. 163. The government authorities refuted these allegations, stating that all the confiscated assets had been returned to the CATH and that, as to the rest, the allegations could not be substantiated. However, the government authorities gave assurances that the reimbursement of the medical costs incurred by the union activists who had suffered ill-treatment could be reconsidered.
5. 164. Regarding the reinstatement of dismissed trade unionists, the government authorities emphasised that this is a matter for the labour courts to decide but they admitted that there was a difficulty here in so far as the courts impose only the payment of damages or fines and not the reinstatement of workers in their jobs. The authorities did not deny that there had been no judicial inquiry into the soldiers' behaviour to which the CATH was subjected on 22 June 1987.
6. 165. During the on-the-spot mission, draft amendments to laws and regulations were drafted with the government authorities in order to bring the provisions of national legislation into conformity with Conventions Nos. 87 and 98, and the Government pledged that it would hold a national seminar on international labour standards in Haiti during 1989.

C. The Committee's conclusions

1. 166. Until now the Committee has had to deplore the Government's serious default in its obligation to co-operate in the procedure. The Committee can only welcome the fact that the mission which went to Haiti was free to meet with the complainant national organisation as well as the government authorities, and was able to note that some developments in the field of freedom of association have taken place in the country.
2. 167. On the substance of the issues still pending, the Committee notes the information and observations submitted by the complainants as well as those of the Government. While observing in particular that, according to the complainants, freedom of association is still far from respected in practice, the Committee none the less notes several positive factors that point to an appreciable improvement in the trade union situation; for example, the dissolution of the CATH has been revoked, the detained trade unionists have been released and some of the assets confiscated from the CATH have been returned, albeit not always in good condition.
3. 168. As to the facts of the matter, the Committee notes with concern that trade union activists suffered ill-treatment during the events of June 1987 and are still receiving medical care, and that this is a charge on the CATH. Considering the Government's assurance to the mission that the reimbursement of the medical costs incurred by the union activists who suffered ill-treatment during these events could be reconsidered, the Committee urges the Government to keep it informed on this point.
4. 169. As regards the reinstatement of workers dismissed for trade union activities, the Committee, while noting the Government's statement that this is a matter for the labour courts, can only firmly reiterate its previous conclusions, to wit, that one of the fundamental principles of freedom of association is that workers should benefit from adequate protection against all acts of discrimination liable to undermine freedom of association in employment, and that this protection is particularly desirable in the case of the founders of trade union organisations, since in order to carry out their functions they must have a guarantee that they will not suffer on account of the union office they stand for or hold.
5. 170. The Committee therefore again calls on the Government to endeavour to obtain the reinstatement of the workers dismissed for having attempted to found a trade union organisation, and urges the Government to keep it informed of any progress in this respect.
6. 171. As regards the legislative aspect of the case, the Committee notes that during the mission, draft amendments to laws and regulations were drafted in light of the comments of the Committee of Experts in order to bring the legislation into conformity with the ratified Conventions. The Committee hopes that the occupational organisations and the ILO will be consulted before the adoption of the above-mentioned draft and trusts that provisions in conformity with Conventions Nos. 87 and 98 will be quickly adopted.

The Committee's recommendations

1. 172. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • a) The Committee notes that, contrary to what has occurred in the past, the Government has co-operated in the procedure by accepting the visit of an ILO mission, which was able to note some developments with respect to freedom of association in the country, such as the revocation of the dissolution of the CATH, the release of the detained trade unionists and the return of some of the assets confiscated from the CATH.
   • b) However, the Committee notes with concern that trade union activists were ill-treated during the events of June 1987 and are still receiving medical care, and that this is a charge on the CATH. The Committee, noting that the Government's assurances to the mission that the reimbursement of these medical costs could be reconsidered, urges the Government to keep it informed on this point.
   • c) As regards the workers who were dismissed for trade union activities, the Committee also notes with regret that the Government merely stated that this is a matter for the labour courts. The Committee again calls on the Government, in accordance with its international commitments by virtue of Article 1 of Convention No. 98 ratified by it, to take steps to ensure that workers are protected against acts of anti-trade union discrimination.
   • d) The Committee therefore requests the Government to endeavour to obtain the reinstatement of the workers dismissed for having attempted to found a trade union organisation, and urges the Government to keep it informed of any progress in this respect.
   • e) The Committee trusts that legislation in conformity with Conventions Nos. 87 and 98 will be quickly adopted in consultation with the occupational organisations and with the ILO and draws the attention of the Committee of Experts to this aspect of this case.