Report in which the committee requests to be kept informed of development - Report No 325, June 2001

Case No 2052 (Haiti) - Complaint date: 23-SEP-99 - Closed

Allegations: Attempted murder of trade union officials;

detention of and physical assaults against trade unionists;

• dismissals of trade union leaders and members
  402. 402 The Committee had already examined this case at its June 2000 session and submitted an interim report to the Governing Body [see the Committee’s 321st Report, paras. 237-251].
  403. 403 In the absence of a reply from the Government, the Committee was obliged on two occasions to postpone its examination of this case. At its March 2001 meeting [see 324th Report, para. 8] the Committee issued an urgent appeal to the Government, drawing its attention to the fact that, under the rule of procedure established in paragraph 17 of its 127th Report approved by the Governing Body, it could present a report on the substance of the case at its next meeting, even if the information and observations of the Government had not been received in due time.
  404. 404 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. 405. At its June 2000 session, in the light of the Committee’s interim conclusions, the Governing Body approved the following recommendations:
   • (a) The Committee deplores the fact that the Government has not replied to the allegations despite the fact that it was invited to do so on several occasions, including through an urgent appeal, and it counts on an immediate reply on the Government’s part.
   • (b) The Committee urges the Government to take all necessary measures to ensure that, in future, workers and their organizations can exercise their rights in a climate that is free from violence, pressure or threats of any kind, in particular by instigating independent judicial inquiries with a view to establishing the facts, punishing those responsible and preventing recurrences.
   • (c) The Committee requests the Government to begin independent judicial inquiries into the attempts to murder Mr. Laguerre and Mr. Léveillé and to keep it informed of the outcome of any such inquiries.
   • (d) The Committee insists that the Government take all necessary measures to prevent future recurrences of arrests or detentions of trade union leaders and members for reasons connected with their activities in defence of workers’ interests.
   • (e) The Committee requests the Government without delay to take all necessary measures to ensure that the Federation of Electricity Workers of Haiti (FESTRED’H) regains the free use of its premises and can carry out its legitimate trade union activities in full freedom, in particular the right of assembly, and to keep it informed of any measures taken in this regard.
   • (f) The Committee requests the Government to supply all relevant information on the dismissal of a large number of leaders and members of the complainant organization within the company Electricité d’Haïti.

B. The Committee’s conclusions

1. 406. The Committee deplores the fact that, despite the time that has passed since the presentation of the complaint, and given the gravity of the allegations that have been made, the Government has not replied to any of the allegations made by the complainant, although it has been invited on several occasions to present its own comments and observations on the case, notably through an urgent appeal. Under these circumstances, in accordance with the applicable rule of procedure [see the Committee’s 127th Report, para. 17, approved by the Governing Body at its 184th Session], the Committee is bound to present a report on the substance of the case, even without the information which it had hoped to receive from the Government.
2. 407. The Committee reminds the Government, firstly, that the purpose of the procedure instituted by the International Labour Organization for examining allegations relating to violations of freedom of association is to ensure respect for trade union rights in law and in fact. If this procedure protects governments against unreasonable accusations, governments on their side will recognize the importance of formulating for objective examination detailed factual replies concerning the substance of the allegations brought against them [see First Report of the Committee, para. 31].
3. 408. Lastly, the Committee deeply deplores the fact that, despite cases relating to Haiti being included in a special paragraph in the introduction to the Committee’s most recent report under the heading “Serious and urgent cases which the Committee especially draws to the attention of the Governing Body” [see 324th Report, para. 10], the Government of Haiti still appears unwilling to cooperate with the Committee in relation to the complaints lodged against it.
4. 409. The Committee recalls that the ICFTU’s allegations concerned in particular various violations of the physical integrity of trade union leaders and members, including in some cases attempted murder. In the absence of any new information concerning this matter, the Committee is obliged to repeat its earlier conclusions. Thus it recalls that the rights of workers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of those organizations, and it is for governments to ensure that this principle is respected [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 47]. The Committee urges the Government to take all the necessary measures to ensure that this principle is respected in future, in particular by instigating independent judicial inquiries with a view to establishing the facts, punishing those responsible and preventing recurrences. In particular, it urges the Government to begin such inquiries into the attempts to murder Mr. Laguerre and Mr. Léveillé and to keep it informed of the outcome of any such inquiries.
5. 410. With regard to the arrests and detentions in this case, the Committee once again deplores the detention of four national trade union leaders for two days without charge. It recalls that the detention of trade union leaders or members for reasons connected with their defence of workers’ interests constitutes a serious interference with civil liberties in general and with trade union rights in particular [see Digest, op. cit., para. 71]. The Committee insists that the Government take all the necessary measures to prevent any recurrences of this in future.
6. 411. The Committee once more emphasizes that the occupation or closure of trade union premises constitutes a serious violation of freedom of association and a serious interference in trade union activities [see Digest, op. cit., paras. 174-185]. The Committee requests the Government to take all the necessary measures without delay to ensure that FESTRED’H regains the free use of its premises and can carry out its legitimate trade union activities, in particular the right to hold meetings in full freedom. The Committee requests the Government to keep it informed of any measures taken to that end.
7. 412. The Committee reiterates the importance which it attaches to the principle that governments should consult trade union organizations to discuss the consequences of restructuring programmes on employment and working conditions [see Digest, op. cit., para. 937]. The Committee, recalling that it can examine allegations concerning economic rationalization programmes and restructuring processes if they might have given rise to acts of discrimination or interference against trade unions [see Digest, op. cit., para. 935], again urges the Government to supply all relevant information on the dismissals of a large number of leaders and members of the complainant organization.

The Committee's recommendations

1. 413. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee deplores the fact that the Government has not replied to the allegations, despite the fact that it was invited to do so on several occasions, including through an urgent appeal. Moreover, the Committee deeply deplores that, despite the fact that cases relating to Haiti were included in a special paragraph in the introduction to the Committee’s latest report under the heading “Serious and urgent cases which the Committee especially draws to the attention of the Governing Body”, the Government of Haiti still appears unwilling to cooperate with the Committee with respect to the complaints lodged against it.
   • (b) The Committee again urges the Government to take all necessary measures to ensure that, in future, workers and their organizations can exercise their rights in a climate that is free from violence, pressure or threats of any kind, in particular by instigating independent judicial inquiries with a view to establishing the facts, punishing those responsible and preventing recurrences.
   • (c) The Committee requests the Government once again to begin independent judicial inquiries into the attempts to murder Mr. Laguerre and Mr. Léveillé and to keep it informed of the outcome of any such inquiries.
   • (d) The Committee again insists that the Government take all necessary measures to prevent future occurrences of arrests or detentions of trade union leaders and members for reasons connected with their activities in defence of workers’ interests.
   • (e) The Committee again requests the Government without delay to take all necessary measures to ensure that the Federation of Electricity Workers of Haiti (FESTRED’H) regains the free use of its premises and can carry out its legitimate trade union activities in full freedom, in particular the right of assembly, and to keep it informed of any measures taken in this regard.
   • (f) The Committee requests the Government to promptly supply all relevant information on the dismissal of a large number of leaders and members of the complainant organization within the company Electricité d’Haïti.