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Report in which the committee requests to be kept informed of development - Report No 337, June 2005

Case No 2258 (Cuba) - Complaint date: 15-APR-03 - Closed

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Allegations: The authorities recognize only one trade union central controlled by the State and the Communist Party and prohibit independent trade unions, which are obliged to conduct their activities in a very hostile environment; non-existence of collective bargaining; the law does not authorize the right to strike; arrest and harassment of trade union members, who are threatened with criminal penalties, physical violence and unlawful house entry; trials and sentencing of trade union officials to long prison terms; confiscation of trade union property and infiltration of the independent trade union movement by state agents; anti-union acts against members of CONIC, the CTDC and CUTC in 2001 and 2002

794. The Committee examined this case at its June 2004 meeting and submitted an interim report to the Governing Body [see 334th Report, paras. 408-467, approved by the Governing Body at its 290th Session (June 2004)].

  1. 795. The ICFTU sent new allegations in a communication dated 14 December 2004. The Government subsequently sent new observations in communications dated 28 September 2004 and 2 March 2005.
  2. 796. 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. Previous examination of the case

A. Previous examination of the case
  1. 797. In its examination of the case in June 2004, the Committee made the following recommendations [see 334th Report, para. 467, approved by the Governing Body at its 290th Session (June 2004)]:
  2. (a) The Committee deeply regrets that the Government categorically rejects the possibility of a direct contacts mission. It further deplores that the Government has not sent the requested judgements with regard to the main issue in this case and therefore draws attention to the lack of will to cooperate fully in the proceedings.
  3. (b) The Committee urges the Government promptly to adopt new provisions and measures fully to recognize in legislation and in practice the right of workers to establish the organizations they deem appropriate at all levels (in particular, organizations independent from the current trade union structure), and also the right of these organizations freely to organize their activities. The Committee requests the Government to keep the Committee of Experts informed of progress in revising the Labour Code with regard to freedom of association and expects that this review will provide for the removal of any reference by name to the existing Trade Union Central and that it will provide for the establishment of trade unions, outside the existing structure, at all levels, if workers so desire.
  4. (c) The Committee urges the Government to take measures to amend legislation with regard to collective bargaining in the manner outlined in the conclusions, to ensure that collective bargaining in labour centres can take place without recourse to binding compulsory arbitration prescribed by the legislation and without interference by the authorities, organizations at a higher level or the CTC.
  5. (d) The Committee strongly expects that the Government will ensure that the right to strike can be exercised in an effective manner in practice and that nobody will be discriminated against or prejudiced in their employment for peacefully exercising this right.
  6. (e) Taking into account several earlier cases submitted to the Committee regarding harassment and detention of trade union members belonging to trade union organizations that are independent of the established structure, also taking into account the fact that the sentencing of seven trade union members was handed down in summary hearings of very short duration, and given that the Government has for the second time failed to send the requested copies of the criminal convictions handed down, the Committee urges the Government to take steps to release immediately the persons mentioned in the complaints: Pedro Pablo Alvarez Ramos (25 years); Carmelo Díaz Fernández (15 years); Miguel Galván (26 years); Héctor Raúl Valle Hernández (12 years); Oscar Espinosa Chepe (25 years); Nelson Molinet Espino (20 years); and Iván Hernández Carrillo (25 years) and to keep the Committee informed in this respect.
  7. (f) With regard to the allegations of the ICFTU, stating that Aleida de las Mercedes Godines, Secretary of CONIC, and Alicia Zamora Labrada, Director of the Trade Union Press, were two state security agents infiltrated into the trade union movement (the former for 13 years according to information received from the ICFTU), the Committee deplores the infiltration of security agents in the CONIC trade union organization or in a trade union press agency and urges the Government, in future, to comply with the principle of non-intervention or interference by the public authorities in the trade union activities embodied in Convention No. 87, Article 3.
  8. (g) The Committee requests the complainant organizations to send a copy of the statutes of CONIC and CDTC.
  9. (h) The Committee urges the Government to send detailed information on the following allegations, without delay:
  10. 2001
  11. – On 26 January, Lázaro Estanislao Ramos, a delegate from the Pinar del Río branch of the Independent National Workers’ Confederation of Cuba (CONIC), was threatened in his home by a state security employee, Captain René Godoy. The official warned him that his confederation had no future in Pinar del Río and that penalties against opposition would worsen, culminating, if necessary, in the disappearance of the dissidents.
  12. – On 12 April, Lázaro García Farah, a trade union member of CONIC, who is currently in prison, was brutally assaulted by prison guards.
  13. – On 27 April, Georgis Pileta, another independent trade union member in prison, was beaten by guards after he was sent to the punishment cells.
  14. – On 24 May, José Orlando Gonzáles Bridón, Secretary-General of the independent trade union Confederation of Democratic Workers of Cuba (CTDC) was sentenced to two years in prison for having “spread false information”.
  15. – On 9 July, Manuel Lantigua, a trade union member of the CUTC, was beaten and stoned in the doorway of his home by members of the paramilitary group Rapid Response Brigades.
  16. – On 14 December, the homes of independent labour activists Cecilia Chávez and Jordanis Rivas were raided. Both were detained on a number of occasions by security forces and threatened with imprisonment if they continued their trade union activities.
  17. 2002
  18. – On 12 February, Luis Torres Cardosa, trade union member and representative of CONIC, was arrested by three policemen at his home in the province of Guantánamo and taken to Unit No. 1 of the National Revolutionary Police (PNR), where he was interrogated. He was detained as a result of his opposition, along with others, to an official eviction notice of a dwelling.
  19. – On 6 September, CONIC held its second national meeting, amidst retaliation by the State. A massive operation was carried out by the political police to prevent the annual trade union assembly being held. The political police threatened trade union officials with possible charges of rebellion if there was any protest in the areas surrounding the premises where the assembly was being held. Moreover, they stopped all people trying to enter the building, asking for their identification and the reason why they were coming to that place. They also prohibited various trade union members from entering the building and violently expelled them from the surrounding areas.
  20. B. Additional information from the ICFTU
  21. 798. In its communication of 14 December 2004, the ICFTU attaches the statutes of the Confederation of Democratic Workers of Cuba (CTDC):
  22. Preamble
  23. Whereas the daily efforts of all our citizens need to be harnessed to maintain a clear path of development and understanding and move our country forward towards economic prosperity and civil rights, while safeguarding the most authentic values of our country’s history;
  24. Whereas we seek to achieve definitive recognition for the just demands of the workers which have been flouted and ignored in today’s totalitarian political context and to expand those demands and freedoms when they are achieved in a democratic context;
  25. Whereas we draw together the national sentiment of all Cuban workers and the Cuban people as a whole and undertake to represent the various sectors which join forces in this task;
  26. We, with the sincere fervour which is the legacy of all the progressive thinking of the Cuban workers, guided by the longing of the people to exercise its rights, in the footsteps of the most eminent democratic thinkers, above all our mentor José Julián Martí Pérez;
  27. Hereby resolve solemnly to establish the CONFEDERATION OF DEMOCRATIC WORKERS OF CUBA, hereinafter referred to as the CTDC, on the basis of the following statutes governing its formation, objectives and functioning:
  28. Statutes
  29. Chapter 1 – Formation, legal status and address
  30. Article 1 – The CTDC shall have legal personality, notwithstanding the refusal of the current regime in Cuba to recognize it, and is constituted as an instrument for the protection of the highest aspirations of our working class which will coordinate, in conjunction with all national and international democratic and labour organizations, the actions needed to ensure respect for the free exercise of workers’ rights that are already recognized or will be recognized in the future.
  31. Article 2 – The CTDC shall have its headquarters in San Fernando #29805 e/ San Luis y Línea, Pueblo Nuevo, Matanzas, Cuba. The location of these headquarters may be changed if circumstances require, subject to the consent of the CTDC executive committee.
  32. Article 3 – (a) All Cuban workers, whether active or inactive, who wish to join the CTDC and comply with its statutes shall, without discrimination based on creed, race, political affiliation, sex or any other distinction that affronts human dignity, be eligible for membership.
  33. (b) The CTDC undertakes to represent free trade unions from the various sectors of the national economy.
  34. Chapter 2 – Objectives
  35. Article 4 – To fight for the full recognition of freedom of association, where freedom of expression can be exercised fully, as an instrument for the protection of workers.
  36. Article 5 – To ennoble work in all its manifestations, promoting the free organization thereof, based on the principle of every worker’s right to private ownership of the means of production, to the free exercise of occupation or office, such rights being exercised without governmental, state or any other kind of coercion and irrespective of state or governmental initiatives in the area of economic development.
  37. Article 6 – To establish free contracting between employee and employer without any enterprise, entity or actual or legal person acting as intermediary therein.
  38. Article 7 – To ensure that any employment contract between employee and employer is covered by standards governing wages, working hours, health and safety conditions, without discrimination, and by other internationally recognized standards and laws.
  39. Article 8 – To ensure respect for strikes, in labour and political contexts, as a mechanism for supporting workers’ claims.
  40. Article 9 – To gain explicit recognition in the national Constitution for the rights set forth in Articles 5, 6, 7 and 8 of the present statutes.
  41. Article 10 – To fight for access to all forms of the mass media, where the voice of opposition can be heard to the pro-government trade union policy which today stifles the deepest concerns of the country’s workers, denying them scope for their activities.
  42. Article 11 – To promote the rise of workers to higher-ranking posts in the various sectors of the economy and in state and government organizations, in accordance with their skills and merits strictly based on their work and not on their political affiliation to any party or on any other activity entailing discriminatory personal privileges.
  43. Article 12 – To represent members in collective bargaining and agreements.
  44. Article 13 – The CTDC is opposed to the rigorous economic centralism in which governmental, state and private entities designated by the State exercise absolute control over the production and marketing of all goods and services, preventing any other private economic organization, even in the hands of Cuban nationals, from showing a more efficient from of management.
  45. Article 14 – The CTDC is opposed to the partisan control of the economy and to the trade union movement belonging to a totalitarian corporate regime.
  46. Article 15 – In accordance with the above, the CTDC seeks the end of the Government’s monopoly on foreign trade, with a view to establishing the economic basis necessary for the extensive development of trade between profit-making institutional organizations and private entities and the rest of the world, for the purpose of stimulating the national economy.
  47. Chapter 3 – Membership
  48. Article 16 – The CTDC shall comprise the following categories of members:
  49. Members
  50. The members shall be distinguished between full and honorary members.
  51. A-(1) Full members shall be all persons described in Article 3 of the present statutes, who may be resident in or outside the country, and shall be required to pay previously specified periodic subscriptions.
  52. A-(2) Honorary members shall be non-Cubans who have strongly supported labour, human and civil rights, and peace and human progress, in and outside their countries of origin, and who have shown solidarity with the Cuban workers.
  53. Associates
  54. Chapter 4 – Duties and rights of members
  55. Article 17 – It shall be the duty of all CTDC members to:
  56. – participate actively in one of the CTDC offices;
  57. – comply with and ensure compliance with the statutes of the organization, and also with the agreements originating from higher and primary entities;
  58. – maintain honourable, loyal and impartial conduct with regard to the serious problems facing our people;
  59. – fight tirelessly against any violation of labour rights;
  60. – pay the officially agreed subscription on time;
  61. – show respect towards the authorities notwithstanding differences over government policy in force;
  62. – comply with majority agreements as the highest expression of our sense of democracy.
  63. Article 18 – All CTDC members shall be entitled to:
  64. – participate actively in a peaceful way and vote in all CTDC activities and demonstrations in defence of the workers’ conquests and aspirations;
  65. – elect members of, or be elected to, the CTDC executive bodies.
  66. Chapter 5 – Congress
  67. Article 19 – The workers’ congress shall be the supreme authority of the CTDC and as such shall decide on matters of general organizational interest, and be the originating body of the other constituent entities. The functioning of the congress, the election of delegates to it, and its authority, shall be covered by the regulations drawn up to this effect which will form part of the present statutes.
  68. Chapter 6 – Governance and administration
  69. Article 20 – The CTDC shall be managed by an executive committee composed of a general secretary, an assistant general secretary, an organizer, a treasurer and nine secretaries, who shall cover the various sectors and branches of the national economy without distinction.
  70. Article 21 – Meetings of the executive committee shall be convened by the general secretary or, should the latter be absent for exceptional reasons, by the assistant general secretary. Meetings shall be convened with at least three days’ notice and shall remain open while so agreed by “50 per cent plus one” of the members attending the meeting.
  71. Article 22 – For any meeting of the executive committee to be valid, a quorum of three-quarters of its officers shall be required.
  72. Article 23 – The executive committee shall have the following duties:
  73. – to set up whatever primary organizations are necessary with the participation of an official of the executive committee;
  74. – to represent, govern and manage the CTDC;
  75. – to comply strictly with, and ensure strict compliance with, the CTDC statutes;
  76. – to adopt whatever agreements are necessary to meet the organization’s stated objectives and any others set forth in the present statutes;
  77. – to accept or reject membership requests and also handle cancellations or expulsions for members who fail to comply with the standards laid down in the present statutes;
  78. – to maintain close links with the democratic organizations of the country and with personalities and institutions of other democratic countries;
  79. – to ensure observance of the code of conduct applicable to all CTDC members which, once it has been formulated and adopted, shall form part of the present statutes.
  80. Chapter 7 – Amendments to the statutes
  81. Article 24 – Any matter not covered by the present statutes shall be settled solely by the CTDC executive committee subject to approval by a majority of the delegates voting at the corresponding session of congress.
  82. Article 25 – Any amendments to the present statutes may be made only with the agreement of congress, at an extraordinary meeting convened for the purpose, and with a vote in favour by three-quarters of the previously constituted quorum of delegates present.
  83. In the name of God, the nation and freedom.
  84. C. The Government’s new observations
  85. 799. In its communications of 28 September 2004 and 2 March 2005, the Government states that an in-depth analysis of the various reports of the Committee on Freedom of Association on Case No. 2258 reveals that on the occasions when the Committee has requested the Government’s observations, these have been reproduced almost verbatim in the corresponding section of the report. However, in formulating its conclusions and recommendations, the Committee is still reluctant to modify opinions which are based solely on unfounded allegations by the complainants, failing to take account of arguments, evidence and facts set out in the Government’s replies.
  86. 800. The Government declares that the Committee’s recommendations fail to take account of the wealth of information sent by the Government and they reach a biased and unbalanced conclusion by stating that there is a “… lack of will to cooperate fully in the proceedings” (paragraph 467(a)).
  87. 801. The Government adds that it is even more unjust and unfounded to describe the case as serious and urgent, a label which was not applied to situations where union officials were murdered and the most fundamental labour and union rights were flouted, not to mention other parts of the world where neither unions nor union rights exist because this is prevented by armies of occupation acting without a clear United Nations mandate.
  88. 802. The Government points out, that under treaty law, obligations relating to a ratified international Convention emanate from the text of the instrument itself, not from wilful or arbitrary interpretations of the letter of the law. The Government adds that it is inadmissible and illegal to transgress States’ right of sovereignty and seek to add substantive legal pronouncements which are not expressly recognized in the text of a Convention.
  89. 803. The Government asserts that it has duly provided information on the revision of the Labour Code, which is currently the subject of comprehensive and participatory discussions in various union bodies, the results of which are to be taken into account in the final version to be submitted to Parliament, respecting the sovereign will of the Cuban workers.
  90. 804. The Government points out that it is a key feature of the Cuban socio-political and economic system to consult the workers for their opinion on legislative or economic proposals which concern them directly, and to respect and take full account of their democratically expressed views via trade unions which they have elected freely. The Government emphasizes that Cuba is an independent and sovereign socialist workers’ State, as defined in article 1 of the Constitution of the Republic, and as such the workers’ opinion must be reflected in any draft legislation presented to the National Assembly of the People’s Power (Parliament).
  91. 805. Freedom of association, protected in Convention No. 87, does not translate into the false concept of “trade union pluralism” imposed by the main centres of capitalist and imperialist power. These are chiefly concerned with undermining the workers’ unity of strategy and action, which in the case of Cuba acquires strategic importance in the historical project to dominate the Cuban nation, which successive administrations of what is now the sole global superpower have sought to achieve.
  92. 806. The Government adds that the decision by the workers to support the historical choice of maintaining a single trade union central, which has represented and defended them through various historical stages of the socio-economic development of the country and which emerged from the development of class consciousness and the firm resolve to defend unity, can be just as free as choosing, under different circumstances, to develop diverse various trade union organizations, sometimes with contrasting objectives.
  93. 807. Cuba does not consider itself in a position to reach conclusions regarding the superiority of any given approach or model. It is merely convinced that the unity of its trade union movement is a prerequisite for maintaining the independence of the nation and its workers’ right to free determination. It merely demands respect for the Cuban workers’ sovereign right to establish their own model, without external interference or pressure in favour of the petty interests of those in Washington or Miami who seek to reimpose their structures and mechanisms of exploitation on the Cuban workers.
  94. 808. In accordance with the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the decision by an overwhelming majority of Cuban workers to adopt a unified system in the trade union movement merits full respect. As recommended in the 334th Report, paragraph 467(b), the Government will accept and implement the workers’ will in relation to the final version of the Labour Code. In the last resort, it will be the National Assembly, the supreme legislative body of the country, which will approve the Code and give it force of law.
  95. 809. The Government points out that article 54 of the Constitution of the Republic of Cuba states as follows:
  96. The rights to assembly, demonstration and association are exercised by workers, both manual and intellectual, peasants, women, students and other sectors of the working people, and they have the necessary means for this. ... The social and mass organizations have all the facilities they need to carry out those activities in which the members have full freedom of speech and opinion based on the unlimited right of initiative and criticism.
  97. 810. The Constitution in force does not impose any kind of restrictions on workers’ freedom of association or on the performance of their activities. Calling into question the Cuban Government’s will and ability to respect and enforce the provisions of the Basic Law of the country is tantamount to questioning the validity of the rule of law in Cuba and failing to recognize the guarantees of participation in and control of the public service enjoyed by all Cuban citizens and workers.
  98. 811. The Government adds that it would therefore appear that, as regards the analysis of Cuba’s compliance with its obligations under Convention No. 87, the Committee on Freedom of Association would have exceeded its mandate and the provisions of the ILO Constitution itself. There is always time for a change of approach and for promoting a real atmosphere of dialogue on the basis of legality and respect.
  99. 812. It is worth noting the actual formulation of article 54 of the Constitution, which refers unambiguously to workers’ rights. Since Case No. 2258 was filed, neither the complainants – ICFTU, WCL, CLAT – nor the supposed victims – groups of illegally funded mercenaries, masquerading as trade unionists, in the service of the foreign superpower which attacks the Cuban workers – have been able to demonstrate so far that the membership of the so-called CUTC, CONIC and CTDC is constituted by workers.
  100. 813. The Government affirms that nobody has been able so far to present credible evidence or sound arguments to support the alleged union official, or even worker, status of the mercenaries Pedro Pablo Alvarez Ramos, Carmelo Díaz Fernández, Miguel Galván, Héctor Raúl Valle Hernández, Oscar Espinosa Chepe, Nelson Molinet Espino and Iván Hernández Carrillo. It is a long time since they have performed any kind of work or had any kind of job which corresponds to the universally accepted parameters defining the status of worker.
  101. 814. The Government claims that the only thing which has been demonstrated, by means of evidence and testimonies, in courts constituted according to the guarantees of due process is that the only income received by these persons was channelled via the United States Interests Section in Havana and the terrorist mafia organizations of Cuban origin which act with impunity in Miami. Under the International Convention against the Recruitment, Use, Financing and Training of Mercenaries adopted by the United Nations in 1989, the activity of mercenary does not constitute a legitimate form of employment.
  102. 815. The Government requests the complainant organizations, via the Committee on Freedom of Association, to present a single concrete proof of the worker status of the individuals referred to above. Without that status being proven, the affirmation that they are union officials lacks all seriousness or credibility and there is no point in wasting further time and effort on this case which has absolutely no legal or ethical basis.
  103. 816. The Government adds that Cuba formed part of the Commission on International Labour Legislation, which was instituted by the 1919 Peace Conference which drew up the ILO Constitution, and this gives the country the status of ILO founder member. Cuba has ratified 87 of the 184 ILO Conventions in force. On a number of occasions it has been a member of the ILO Governing Body. It is a country which has maintained close historical ties with the ILO and professes profound respect for, and a firm commitment towards, the Organization’s objectives.
  104. 817. The Government regrets the fact that the Committee, which plays a key role in the actual implementation of fundamental principles and rights at work, is being misled in its handling of the case and is reiterating conclusions and recommendations based on unproven allegations which have been manipulated for improper political motives.
  105. 818. The Government adds that the Committee’s previous request, aimed at obtaining copies of official documents relating to legal judgements against the mercenaries mentioned in the case, could not be met for the following reasons.
  106. – Under article 121 of the Constitution, the courts constitute a system of state bodies which function independently of all other systems and are subordinated only to the National Assembly of the People’s Power and the Council of State.
  107. – Moreover, under article 122 of the Constitution, the judges, in their role of administering justice, are independent and owe allegiance only to the law. Any interference or revision with regard to decisions issued by a judicial body, except those laid down by national law, is therefore unacceptable.
  108. – Taking account of the above, it is not possible to supply official documentation relating to judicial proceedings to persons unconnected with those proceedings, or in particular to submit the contents of such documentation to evaluation or scrutiny by a foreign international entity or person that has not been given authority to do so, pursuant to obligations incurred voluntarily and explicitly by the Cuban State on the basis of a legally binding international instrument.
  109. – The parties to all the proceedings referred to above were notified of these rulings at the time, as required by the law.
  110. – In addition, Cuba also has the obligation to protect the personal safety and integrity of persons who participated in the proceedings as judges, prosecutors, lawyers or witnesses, given that the United States Government has issued public threats against those who participated in any form in the legal proceedings against the mercenaries involved in its blockade and policy of hostility and aggression against the Cuban people.
  111. – If the Committee wishes to obtain further information on the cases in question, it may refer to the various official statements issued by the Cuban Government on the matter, to the Republic of Cuba’s replies to various issues raised in proceedings of the Committee on Human Rights, and also to the official document published at the 60th session of the Committee on Human Rights entitled “Cuba and its defence of all human rights” (E/CN.4/2004/G/46).
  112. 819. Nevertheless, the Government reminds the Committee of the wealth of information it sent previously in relation to the criminal proceedings undertaken in compliance with the guarantees laid down in our laws, which are no different from those adopted in any other country of the world for criminal acts of the same type and gravity.
  113. 820. The Government also makes the following comments on item (h) of the Committee’s recommendations reached at the 290th Session of the Governing Body [334th Report, paragraph 467(h)] regarding allegations made by the International Confederation of Free Trade Unions (ICFTU):
  114. – Lázaro Estanislao Ramos is known at his place of residence not as a worker or trade union official but for his illegal activities as a mercenary in the service of the government of a foreign country which are against the legally established constitutional order. The conversation between the Cuban state security official and this individual was held with the latter’s prior consent, without any coercion or force. The purpose of the meeting was to advise the abovementioned citizen of the violations of Cuban law which he had committed as a result of his activities in the service of the Interests Section of a foreign country in Havana. No threats of any kind were made at any time, nor was any “disappearance of the dissidents” mentioned: this is nothing but a malicious distortion by Mr. Ramos of the tone of the conversation. In Cuba, unlike certain other countries, there has not been a single case of a forced disappearance since 1959.
  115. – Lázaro García Farah is a terrorist who has convictions for piracy and murder. He was convicted in Case No. 37-94 of the People’s Provincial Court of the City of Havana for his involvement in the hold-up and hijacking of a ship, the “Baraguá”, on 4 August 1994 using pistols and knives. In this dramatic episode, the young police officer Gabriel Lamoth was murdered, trying to prevent the hijack. For almost 48 hours the vessel remained at anchor under the hijackers’ control, only three miles off the Cuban coast. The perpetrators finally gave themselves up to the Cuban authorities, after the large number of children caught by surprise aboard the vessel on a scheduled evening trip between Havana and Regla had suffered a terrible ordeal of hunger and thirst. Since Mr. Farah went to prison, his conduct has been appalling, with repeated indiscipline and insults to the prison authorities. For this reason, he has been subject to the corresponding disciplinary measures, with absolute respect for his physical and psychological welfare. The Cuban prison system is structured in accordance with the principles, regulations and institutions established in the “Standard Minimum Rules for the Treatment of Prisoners”, approved at the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Geneva, Switzerland in 1955. The system lays down rules and disciplinary measures for those who break them. Nevertheless, none of the latter entails corporal punishment or cruel, inhuman or degrading treatment. Prisoners are not subjected to the use of chains, shackles or straitjackets. Violence and abuse, both physical and psychological, are totally prohibited and are criminal offences.
  116. – After a thorough search in the records of the Penal Control Department of the National Directorate of Prisons, no prisoner by the name of Georgis Pileta was identified, and it is therefore impossible to cast light on the allegations concerning this person.
  117. – The same applies to the cases of Cecilia Chávez and Jordanis Rivas, concerning whom no information was found in the records of the law enforcement agencies.
  118. – José Orlando González Bridón, currently resident in the United States and self-styled ringleader of a supposed trade union organization, has never been a worker in Cuba, nor has he performed any activity other than conspiring against the established constitutional order in his country, in support of a foreign country’s policy of hostility, acting as their paid employee. A peculiar feature of the non-existent “Confederation of Democratic Workers” is that it fails to include one single person with a known labour connection in its membership, which automatically disqualifies its case from being examined by a body such as the Committee on Freedom of Association. Mr. González Bridón was sentenced to one year’s imprisonment for contempt in Case No. 1/01, having publicly insulted law-enforcement and civil security officers who had accosted him when he was committing a serious breach of the peace. His main motives were to gain credibility as a victim of political persecution, with a view to being accepted by the United States Interests Office refugee programme and being able to emigrate to the United States. González Bridón went to prison on 29 December 2000 and was released on parole on 22 November 2001. He emigrated to the United States more than two years ago, on 17 July 2002. It is not known whether he is engaged in defending the “trade union rights” of workers there – something he never did in Cuba.
  119. – On completion of all the usual investigations, the accusation made by Manuel Lantigua was shown to be false. All that is certain from his allegation is that he forms part of a tiny group of individuals whose aim is to deceive others, convincing them that a trade union called the “Single Council of Cuban Workers” is operating in Cuba, when in reality, like all the other so-called “independent trade unions”, it does not perform any trade union activity, it does not have workers with recognized labour connections in its ranks, and it is not independent, since the persons who claim to be its members act as mercenaries in the service and pay of the government of a foreign country. His physical and psychological welfare has never been threatened and, following the example of Mr. González Bridón, he is currently in the process of emigrating to a foreign country whose authorities have used him as a paid employee in support of their anti-Cuban policy.
  120. – Luis Torres Cardosa obstructed officials from the Guantánamo Municipal Housing Department, physically blocking their access to an illegally occupied dwelling, from which they were about to undertake an eviction in accordance with the law. He was arrested for obstructing the officials in the performance of their duties, but the case opened in relation to this offence was dismissed and the abovementioned person was released.
  121. – The supposed national assembly of the misnamed “Independent National Workers’ Confederation of Cuba” was a complete sham orchestrated by the Interests Section of a foreign country in Havana at the house of one of its mercenaries and attended by a few people in the pay of this supposedly diplomatic office. The so-called “Federation-in-Exile of Cuban Electricity, Gas and Water Utility Trade Unions” is one of the counter-revolutionary organizations established by the terrorist mafia of Cuban origin in a foreign country, using the millions funded by the authorities of a foreign country to overthrow the Revolution of labourers, peasants, intellectuals and Cuban workers in general. The said organization has been associated since the 1960s with the activities of terrorist paramilitary groups which have been operating from a foreign country, inflicting huge losses of property and human life on the real Cuban workers.
  122. 821. The Government also sends comments on the additional information in the case sent by the ICFTU to the Committee on Freedom of Association on 14 December 2004. The Government makes the following specific comments.
  123. – The document presented on 14 December 2004 by the ICFTU General Secretary, Mr. Guy Ryder, is in response to a request made by the Committee on Freedom of Association in its 334th Report, paragraph 467(g), approved by the 290th Session (June 2004) of the Governing Body. As a result of this request, the supposed complainant organization drew up a document entitled “Statutes” – hastily, judging by the errors in it – in order to comply with the request.
  124. – The “Statutes” do not originate from a congress or meeting of members, nor are they linked to representatives elected by the membership, as is the usual practice of genuine trade unions when adopting regulations to give substance and legitimacy to the organization. The document in question is merely the work of paid clerks who have no connection with any trade union activity.
  125. – Paragraphs 13, 14 and 15 of the said document again show that the complainants’ real goals are not union-related, nor could they be, since they lack any representativeness. It is quite clear that their fundamental objective is the destruction of the economic, social and political system elected freely and democratically, with absolute independence and sovereignty, by the Cuban people and embodied in the Constitution of the Republic, approved by popular referendum.
  126. – Any legitimate and independent trade union must be established on the basis of respect for, not violation of, the country’s legal and constitutional order, as recognized in Article 8 of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), which states: “… In exercising the rights provided for in this Convention, workers and employers and their respective organisations, like other persons or organised collectivities, shall respect the law of the land …”.
  127. – A document such as the one under examination, drawn up without the support of a grouping of workers, has no legitimacy or force. It would seem improper for the Committee to make a priori references to this bogus entity as a trade union. This flawed document does not even contain the fundamental elements needed to constitute a genuine trade union, whatever its name, much less a “confederation”, which does not comprise even one primary union.
  128. – In Cuba, trade unions are formed by the workers, as required by Article 2 of Convention No. 87, without the need for any kind of prior authorization from either the State or the employer. As has been stated repeatedly, there are more than 120,000 primary unions, with structural levels agreed upon by the workers themselves, from the company, sector or branch of activity to structures at national level.
  129. – None of the abovementioned unions has needed prior authorization from any state or judicial body to be recognized or to carry out its union activities in the workplace. The strength of these organizations lies in the will of the workers themselves who form their membership and in the collective backing for their activities.
  130. – The Labour Code and labour law as a whole establish rights which are exercised to the full by the workers and their organizations. The document under examination makes no mention of any labour rights which have not already been recognized and exercised for years by the Cuban workers.
  131. 822. The Committee has already been informed in previous observations on the case of the circumstances of the anti-Cuban campaign in the context of the ILO, its motives and its links with the Helms-Burton Act and with a foreign country’s policy of hostility against the Cuban Revolution.
  132. 823. The United States authorities allocate substantial resources to the funding of groups of mercenaries acting on behalf of the foreign power which has openly stated its intention to overthrow the constitutional order approved in a sovereign and democratic manner by the Cuban people.
  133. 824. The Government would like to suggest that the Committee examine the first chapter of the report of the so-called Commission for Assistance to a Free Cuba, presented by the President of a foreign country on 6 May 2004. This is a vast 450-page plan for depriving Cuba of its independence and sovereignty, and the Cuban people of its legitimate right to free determination, and also to convert the island into a mere North American possession.
  134. 825. In the abovementioned chapter, the Committee will find that the ILO is explicitly defined on various occasions as an appropriate body for promoting the abovementioned country’s public diplomacy against the Revolution of the Cuban labourers, peasants and intellectuals. The ILO is described as a natural forum for condemning the regime, as a part of the diplomatic efforts of the North American Government to impose a “regime change” in Cuba.
  135. 826. A recommendation is made to work with “NGOs and other interested parties to assure that a Cuban independent labour representative or labour representative in exile is able to speak at ILO conferences”.
  136. 827. It is suggested that greater use be made of the ILO and efforts with international trade unions be coordinated, as part of the “diplomatic efforts” to attack the Cuban Government and promote the development of the mercenary groups in “civil society”. Is any similarity with Case No. 2258 pure coincidence?
  137. 828. In the abovementioned report, it is recommended that US$3 million be assigned to “promote membership and organizational development” of “independent trade unions” in Cuba, and raise the international profile of the mercenary groups.
  138. 829. The measures proposed in the report have been implemented since June 2004. These are specific facts, collated in official documents of the government of a foreign country and announced by the President himself.
  139. 830. Cuba finds it hard to believe that the Committee gives credence to the myths and false allegations fabricated with the money allocated by a foreign country seeking to overthrow the Government of the labourers, peasants, intellectuals and workers of Cuba.
  140. 831. There is not one single aspect of the fabrications presented by the ICFTU which the Cuban Government has not refuted in its observations to the Committee.
  141. 832. The Committee has sufficient information not to defer a response to the proposal to terminate examination of Case No. 2258. It should not continue to encourage the fabrication of fraudulent documents or false allegations which only exist in the unhealthy minds of those who are being paid to support the anti-Cuban policy of a foreign country.
  142. 833. Prolonging the existence of Case No. 2258 is tantamount to undermining the credibility of the entities responsible for promoting and protecting freedom of association anywhere in the world.
  143. 834. Cuba hopes that the objectivity and impartiality which should be the defining features of this ILO body prevail and lead it to the inevitable conclusion that the time has come to end this unjust political manoeuvring and consequently close the case.

D. The Committee’s conclusions

D. The Committee’s conclusions
  1. The Government’s comments on the
  2. Committee’s previous conclusions
  3. 835. The Committee notes the Government’s statements in its communication of 28 September 2004 to the effect that: (1) it expresses and explains its disagreement with the Committee’s conclusions, recommendations and opinions in the latter’s previous examination of the case; (2) it claims that the Committee has engaged in wilful or arbitrary interpretations of the letter of the ILO Conventions, seeking to add substantive legal pronouncements which are not expressly recognized in the text of the Convention; (3) the Labour Code is undergoing revision and is the subject of comprehensive and participatory discussions in various trade union bodies, the results of which are to be taken into account in the final version to be submitted to the National Assembly; (4) although it is not in a position to decide on the relative merits of the model of trade union unity by decision of the workers, on the one hand, and the model of diverse trade unions developed on a voluntary basis, on the other, the unity of the Cuban trade union movement is a prerequisite for maintaining the independence of the nation and it respects the decision, in accordance with Convention No. 87, of an overwhelming majority of the Cuban workers; (5) the Constitution of the Republic establishes the rights of workers to assemble, demonstrate and associate and the social and mass organizations have all the facilities they need to carry out those activities; (6) the Constitution in force does not impose any kind of restrictions on workers’ freedom of association or on the performance of their activities, and; (7) with regard to the analysis of Cuba’s compliance with its obligations under Convention No. 87, the Committee on Freedom of Association has exceeded its mandate and the provisions of the ILO Constitution itself.
  4. 836. The Committee observes that these government statements mainly refer to matters on which it had already formulated definitive conclusions in its previous examination of the case (the need to amend legislation in order to recognize fully in law and practice the right of workers to establish the organizations they consider appropriate at all levels – in particular, organizations independent of the existing trade union structure – and also the right to organize their activities freely, as well as the need to amend legislation in the area of collective bargaining). The Committee reminds the Government that it had previously examined and submitted to the Committee of Experts these legislative aspects of the case and consequently it will not examine these issues any further. Nevertheless, the Committee wishes to emphasize that in examining this case it limited itself strictly to its mandate from the Governing Body, namely to determine whether any given legislation or practice complies with the principles of freedom of association and collective bargaining laid down in the relevant Conventions [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 6], and also that the principles of Conventions Nos. 87 and 98 and the principles of freedom of association in general must apply, whatever the system or the political, economic or social conditions of a country. In this respect, the Committee must remind the Government that Article 2 of Convention No. 87 provides that workers and employers shall have the right to establish and to join organizations of their own choosing. This provision of the Convention is in no way intended as an expression of support either for the idea of trade union unity or for that of trade union diversity. It is intended to convey, on the one hand, that in many countries there are several organizations among which the workers or the employers may wish to choose freely and, on the other hand, that workers and employers may wish to establish new organizations in a country where no such diversity has hitherto been found. In other words, although the Convention is evidently not intended to make trade union diversity an obligation, it does at least require this diversity to remain possible in all cases. Accordingly, any governmental attitude involving the imposition of a single trade union organization would be contrary to Article 2 of Convention No. 87 [see Digest, op. cit., para. 291].
  5. Long prison sentences for trade union officials
  6. 837. With regard to the first of the pending questions, namely the Committee’s recommendation concerning the sentencing of seven trade unionists to between 15 and 26 years’ imprisonment and its request that the Government should take steps to ensure their immediate release and keep it informed in this respect, the Committee regrets that most of the Government’s reply repeats its previous arguments which had already been examined, to the effect that: (1) the persons in question are neither trade union officials nor workers; (2) they were funded by the United States Interests Section in Havana and terrorist mafia organizations of Cuban origin; (3) the complainants’ allegations were not proven and the conclusions and recommendations have been manipulated for improper political motives. The Committee notes the reasons cited by the Government for not meeting its request to provide the rulings that sentence the seven persons in question to terms of imprisonment. The Committee notes in particular the Government’s statement that:
  7. – according to article 121 of the Constitution, the Cuban courts constitute a system of state bodies which function independently of all other systems and are subordinated only to the National Assembly of the People’s Power and the Council of State;
  8. – according to article 122 of the Constitution, judges are independent in their role of administering justice and owe allegiance solely to the law; hence any interference or revision with respect to decisions issued by a judicial body, except those laid down by national law, is unacceptable;
  9. – taking account of the above, it is not possible to supply official documentation relating to judicial proceedings to persons unconnected with those proceedings, or in particular to submit that documentation to evaluation or scrutiny by a foreign international entity or person that has not been given authority to do so, pursuant to obligations incurred voluntarily and explicitly by the Cuban State on the basis of a legally binding international instrument;
  10. – the parties to all the proceedings referred to above were notified of these rulings at the time, as required by the law;
  11. – Cuba also has the obligation to protect the personal safety and integrity of persons who participated as judges, prosecutors, lawyers or witnesses in the proceedings, inasmuch as the government of a foreign country has issued public threats against those who participated in any form in the legal proceedings against the mercenaries involved in its blockade and policy of hostility and aggression against the Cuban people.
  12. 838. In this respect, the Committee reminds the Government that when it requests a government to furnish records of judicial proceedings, such a request does not reflect in any way on the integrity or independence of the judiciary. The essence of judicial procedure is that its results are known, and confidence in its impartiality rests on their being known [see Digest, op. cit., para. 23]. If the Committee had had these rulings at its disposal, it would have been in a position to examine the basis on which the persons in question had been convicted and the precise facts which led to the handing down of these long prison sentences. Nevertheless, there is nothing in the Government’s general statements concerning these judgements which indicates specific facts that could justify such severe sentences; nor has the Committee been in a position, given the Government’s failure to send copies of the judgements, to determine whether such rulings were related to the exercise of trade union activities. The Committee once again regrets the Government’s refusal to send these judgements, which prevents the Committee from undertaking its examination. Under these circumstances, the Committee repeats its previous conclusions and recommendations and, consequently, taking into account the previous cases presented to the Committee relating to harassment and detention of members of trade unions which are independent of the established structure, and also taking into account the fact that the convictions of these seven trade unionists were issued in the context of very brief summary proceedings and that for the third time the Government has failed to send the requested judgements containing the sentences, the Committee urges the Government to take steps to ensure the immediate release of the trade unionists referred to in the complaints (Pedro Pablo Alvarez Ramos (sentenced to 25 years’ imprisonment), Carmelo Díaz Fernández (15 years), Miguel Galván (26 years), Héctor Raúl Valle Hernández (12 years), Oscar Espinosa Chepe (25 years), Nelson Molinet Espino (20 years), and Iván Hernández Carrillo (25 years)), and to keep it informed in this respect.
  13. Statutes of the CTDC and CONIC
  14. 839. The Committee notes the statutes of the Confederation of Democratic Workers of Cuba (CTDC) sent by the ICFTU and the Government’s comments in this respect. The Committee notes that, according to the CTDC statutes, the membership of this organization includes workers resident or non-resident in the country who pay union dues, the organization represents those workers, in particular by means of collective bargaining, it defends the private ownership of the means of production and upholds the members’ right to participate peacefully in CTDC activities and demonstrations.
  15. 840. The Committee notes that the Government suggests that the statutes were mainly drawn up by the ICFTU and asserts that they do not originate from any congress or meeting of members and are the work of paid clerks who have no connection with any trade union activity; the Government considers that articles 13, 14 and 15 of the statutes highlight the fundamental objective of destroying the economic, social and political system of the country which is enshrined in the Constitution of the Republic.
  16. 841. With regard to the Government’s statement that the ICFTU drafted the statutes of the CTDC, the Committee, while observing that it does not have any information proving the veracity of this statement, points out that it does not see any incompatibility with the principles of freedom of association in the possibility of a trade union having recourse to the assistance that a global trade union confederation can provide in the drafting of its statutes. As regards the non-existence of a congress or meeting of members cited by the Government, the Committee wonders on what basis the Government can make this claim. With regard to articles 13, 14 and 15 of the statutes, the Committee observes that they read as follows:
  17. Article 13 – The CTDC is opposed to the rigorous economic centralism in which governmental, state and private entities designated by the State exercise absolute control over the production and marketing of all goods and services, preventing any other private economic organization, even in the hands of Cuban nationals, from showing a more efficient form of management.
  18. Article 14 – The CTDC is opposed to the partisan control of the economy and to the trade union movement belonging to a totalitarian corporate regime.
  19. Article 15 – In accordance with the above, the CTDC seeks the end of the Government’s monopoly on foreign trade, with a view to establishing the economic basis necessary for the extensive development of trade between profit-making institutional organizations and private entities and the rest of the world, for the purpose of stimulating the national economy.
  20. 842. In the Committee’s opinion, the above articles express positions vis-à-vis economic systems and structures of trade union diversity which come within the mandate of trade unions. As a cornerstone of democracy, trade unions and labour movements must be free to determine for themselves the best means to defend and promote the economic and social objectives of their members and society at large.
  21. 843. Finally, there is nothing in the Government’s statements which clearly inclines the Committee to conclude that the intention of the organization in question – even if there were links with foreign groups – is to overthrow the national order by violent means. In fact, the statutes clearly state that “it shall be the duty of all CTDC members to … show respect towards the authorities notwithstanding differences over government policy in force”. For all these reasons, the Committee considers that the statutes of the CTDC should not be an obstacle to registration of the organization and requests the Government to guarantee recognition thereof.
  22. 844. The Committee once again requests the complainant organizations to send the statutes of CONIC.
  23. Allegations relating to 2001 and 2002
  24. 845. As regards the allegation that on 26 January 2001, Lázaro Estanislao Ramos, a delegate from the Pinar del Río branch of the Independent National Workers’ Confederation of Cuba (CONIC), was threatened in his home by a state security employee, Captain René Godoy (according to the complainant, the official warned him that his confederation had no future in Pinar del Río and that penalties against the opposition would worsen, culminating, if necessary, in the disappearance of the dissidents), the Committee notes the Government’s claim that: (1) this person is known at his place of residence not as a worker or union official but for his illegal activities as a mercenary in the service of the United States Government which are against the legally established constitutional order; (2) the conversation between the Cuban state security official and this individual was held with the latter’s prior consent, without any coercion or force, and its purpose was to advise the abovementioned citizen of the violations of Cuban law which he had committed as a result of his activities in the service of the United States Interests Section in Havana; (3) no threats of any kind were made at any time, nor was any “disappearance of the dissidents” mentioned, this being nothing but a malicious distortion by Mr. Ramos of the tone of the conversation; (4) in Cuba, unlike certain other countries, there has not been a single case of a forced disappearance since 1959. The Committee observes that the Government has not indicated the unlawful activities committed by Mr. Lázaro Estanislao Ramos but notes that the Government denies that any threats were made. Recalling its previous conclusions concerning the imposition of a trade union monopoly by law, the Committee requests the Government to take all necessary steps to ensure that no person is intimidated or harassed merely for being a union member, even if the union in question is not recognized by the State.
  25. 846. As regards the allegation that on 12 April 2001 Mr. Lázaro García Farah, a trade union member of the Independent National Workers’ Confederation of Cuba (CONIC) who was in prison, was brutally assaulted by prison guards, the Committee notes the Government’s statement that he is a terrorist with judicial convictions for piracy and murder and that on account of his appalling conduct he had been subject to the corresponding disciplinary measures, with absolute respect for his physical and psychological welfare. Given the contradiction between the allegations and the Government’s reply, the Committee can only trust that the Government will guarantee that any allegation of abuse or aggression during detention in prison will be the subject of an in-depth independent investigation, so that the necessary steps can be taken to ensure that no detainee is the victim of treatment such as that which has been alleged.
  26. 847. As regards the allegation that on 27 April 2001, Mr. Georgis Pileta, an independent trade union member in prison, was beaten by guards after being sent to the punishment cells, the Committee notes the Government’s statement that, after a thorough search in the records of the Penal Control Department of the National Directorate of Prisons, no prisoner by the name of Georgis Pileta was identified, and it is therefore impossible to cast light on the allegations concerning this person. In addition, with regard to the allegation that on 14 December 2001 the homes of independent labour activists Ms. Cecilia Chávez and Ms. Jordanis Rivas were raided and both were detained on a number of occasions by the security forces and threatened with imprisonment if they continued their trade union activities, the Committee notes the Government’s statement that no information on them was found in the records of the law enforcement agencies. The Committee will not proceed with an examination of these allegations unless the complainant organizations provide additional information.
  27. 848. With regard to the allegation that on 24 May 2001 Mr. José Orlando González Bridón, general secretary of the independent trade union Confederation of Democratic Workers of Cuba (CTDC), was sentenced to two years in prison for “spreading false information”, the Committee notes that according to the Government: (1) this person is currently resident in a foreign country and is the self-styled ringleader of a supposed trade union organization, has never been a worker in Cuba, nor has he performed any activity other than conspiring against the established constitutional order in his country, in support of a foreign country’s policy of hostility, acting as their paid employee; (2) he was sentenced to one year’s imprisonment for contempt in Case No. 1/01, having publicly insulted law enforcement and civil security officers who had accosted him when he was committing a serious breach of the peace; (3) his main motives were to gain credibility as a victim of political persecution, with a view to being accepted by the refugee programme of the Interests Section of a foreign country and emigrating to that country; (4) he went to prison on 29 December 2000 and was released on parole on 22 November 2001, and (5) he emigrated to a foreign country more than two years ago, on 17 July 2002. The Committee regrets that the Government has not sent a copy of the judgement for contempt and refers to its previous conclusions on the reasons cited by the Government for not sending copies of judgements convicting trade unionists.
  28. 849. As regards the allegation that on 9 July 2001 another independent trade unionist, Mr. Manuel Lantigua, of the Single Council of Cuban Workers (CUTC), was beaten and stoned in the doorway of his home by members of the “Rapid Response Brigades” paramilitary group, the Committee notes the Government’s statement that the allegations are false and that the physical and psychological welfare of this person was never threatened and, following the example of Mr. González Bridón, he is currently in the process of emigrating to a foreign country whose authorities have used him as a paid employee in support of their anti-Cuban policy. In view of the contradiction between the allegations and the Government’s reply, the Committee cannot reach any conclusions.
  29. 850. With regard to the allegation that on 12 February 2002 Mr. Luis Torres Cardosa, a representative of CONIC, was arrested by three policemen at his home in the province of Guantánamo and taken to Unit No. 1 of the National Revolutionary Police (PNR), where he was interrogated by the police (according to the complainant, he was detained as a result of his opposition, along with others, to the official eviction of a dwelling), the Committee notes the Government’s claim that this person obstructed officials from the Guantánamo Municipal Housing Department in the performance of their duties, physically preventing them from entering an illegally occupied dwelling from which they were about to undertake an eviction in accordance with the law, and he was arrested for obstructing enforcement of the law. The Committee also notes the Government’s claim that the case opened in relation to this offence was dismissed and the abovementioned person was released.
  30. 851. The Committee also notes the allegations that: (1) on 6 September 2002 CONIC held its second national assembly, amidst retaliation by the State; (2) a heavy-handed operation was conducted by the political police to prevent the annual trade union assembly being held; (3) the political police threatened the CONIC officials with possible charges of rebellion if any demonstration was held in the vicinity of the premises where the assembly was taking place; (4) they stopped all people trying to enter the building, checking their identity and the reason for their presence, and they also denied access to a number of trade unionists, violently expelling them from the vicinity. The Committee notes the Government’s statement that: (1) the would-be trade union known as CONIC, like all the other would-be “independent trade unions”, does not perform any trade union activity, it does not have workers with recognized labour connections in its ranks, and it is not independent, since the persons who claim to be its members act as mercenaries in the service and pay of the United States Government, and (2) the supposed national assembly of the misnamed “Independent National Workers’ Confederation of Cuba” was a complete sham orchestrated by the United States Interests Section in Havana at the house of one of its mercenaries and attended by a few persons in the pay of this supposedly diplomatic office. The Committee regrets that the Government has not replied in detail to the allegations concerning threats and a heavy-handed police operation entailing identity checks on those attending the national assembly, denying trade unionists access and ejecting them violently. The Committee requests the Government to carry out a detailed investigation into these allegations and keep it informed in this respect.
  31. 852. The Committee would like to recall that this serious case concerns very long prison sentences and the exile of persons who, according to the complainants, are the founders of a trade union and union officials. Having examined the statutes placed at its disposal, the Committee considers that there is no justification for obstructing the registration of such organizations. The Committee is unable to endorse the Government’s argument that these organizations cannot be considered as trade unions because of not having a membership; indeed, in the light of all the information available in this case, it is very clear that ever since the formation of these organizations, their founders, officials and members have been forced to carry out their activities in such a climate of insecurity that it has resulted in a number of them being sentenced to long prison terms while others have been obliged to go into exile. The Committee emphasizes in this respect that for the contribution of trade unions to be properly useful and credible, they must be able to carry out their activities in a climate of freedom and security. This implies that, in so far as they may consider that they do not have the basic freedom to fulfil their mission directly, trade unions would be justified in demanding that these freedoms and the right to exercise them be recognized and that these demands be considered as coming within the scope of legitimate trade union activities [see Digest, op. cit., para. 37]. The Committee can only express the firm hope that the Government will take steps to ensure a climate free of violence, pressures or threats of any kind so that trade union activities can be carried out freely, even by organizations which do not share the same economic and social objectives.
  32. 853. Finally, the Committee requests the Government to accept a direct contacts mission.

The Committee's recommendations

The Committee's recommendations
  1. 854. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
    • (a) Taking into account the previous cases presented to the Committee relating to harassment and detention of members of trade unions which are independent of the established structure, and also taking into account the fact that the convictions of seven trade unionists were issued in the context of very brief summary proceedings and that for the third time the Government has failed to send the requested judgements containing these sentences, the Committee urges the Government to take steps to ensure the immediate release of the trade unionists referred to in the complaint (Pedro Pablo Alvarez Ramos (sentenced to 25 years’ imprisonment), Carmelo Díaz Fernández (15 years), Miguel Galván (26 years), Héctor Raúl Valle Hernández (12 years), Oscar Espinosa Chepe (25 years), Nelson Molinet Espino (20 years), and Iván Hernández Carrillo (25 years)), and to keep it informed in this respect.
    • (b) The Committee considers that the statutes of the CTDC should not be an obstacle to registration of the organization and requests the Government to guarantee recognition thereof.
    • (c) The Committee once again requests the complainant organizations to send the statutes of CONIC.
    • (d) With regard to the allegations that: (1) on 6 September 2002 CONIC held its second national assembly, amidst retaliation by the State; (2) a heavy-handed operation was conducted by the political police to prevent the annual trade union assembly being held; (3) the political police threatened the CONIC officials with possible charges of rebellion if any demonstration was held in the vicinity of the premises where the assembly was taking place; (4) they stopped all people trying to enter the building, checking their identity and the reason for their presence, and they also denied access to a number of trade unionists, violently ejecting them from the vicinity, the Committee requests the Government to carry out a detailed investigation into these allegations and keep it informed in this respect.
    • (e) Recalling its previous conclusions concerning the imposition of a trade union monopoly by law, and other legislative issues (need for the adoption without delay of new provisions and measures fully to recognize in legislation and in practice the right of workers to establish the organizations they deem appropriate at all levels (in particular, organizations independent from the current trade union structure), and also the right of these organizations freely to organize their activities; removal of any reference by name to the existing Trade Union Central and permit the free establishment of trade unions, outside the existing structure, at all levels, if workers so desire; the amendment of legislation with regard to collective bargaining, to ensure that collective bargaining in labour centres can take place without recourse to binding compulsory arbitration prescribed by the legislation and without interference by the authorities, organizations at a higher level or the CTC; and assurances that the right to strike can be exercised in an effective manner in practice and that nobody will be discriminated against or prejudiced in their employment for peacefully exercising this right), the Committee requests the Government: (1) to take all necessary steps to ensure that no person is intimidated or harassed merely for being a union member, even if the union in question is not recognized by the State; and (2) to make the necessary amendments in respect of the pending legislative issues raised by the Committee.
    • (f) The Committee can only express the firm hope that the Government will take steps to ensure a climate free of violence, pressures or threats of any kind so that trade union activities can be carried out freely, even by organizations which do not share the same economic and social objectives.
    • (g) The Committee requests the Government to accept a direct contacts mission.
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