Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Cuba (Ratification: 1952)

Previous comments

The Committee notes the observations of the Independent Trade Union Association of Cuba (ASIC) received on 4 March 2021, the Government’s reply received on 7 May 2021, as well as ASIC’s observations received on 22 September 2023 and the Government’s reply received on 29 November 2023. The Committee notes that ASIC alleges the imposition of restrictions on the freedom to work and the freedom to join trade unions through a new National Economic Activity Classifier, published on 10 February 2021 by the Ministry of Labour. This classifier, which covers 124 economic activities, limits own-account work and includes prohibitions on activities of business associations, trade unions and other associations. According to ASIC, these restrictions violate the fundamental rights established in the present Convention and in the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), as well as statements of the United Nations and the Organization of American States (OAS) on human rights and are unacceptable to the independent trade union movement. The Committee notes that the Government firmly rejects ASIC’s allegations as false, because the new National Economic Activity Classifier does not impose restrictions on the free development of the non-state sector nor intends changing the list of permitted activities to prohibited activities. The Committee also notes the allegations made by ASIC in its observations received in September 2023, stating that the Government has applied collective agreements in a totally biased manner, favouring the organizations aligned with it - which are able to exercise their right to freedom of association - but excluding independent trade unions by treating democratic principles and labour rights with contempt. The Committee also notes that, according to ASIC, the Government severely restricts freedom of association by prohibiting the organization of independent trade unions, as well as restricting the exercise of the right to strike, while constraining workers to join the official trade union - the Worker’s Central Union of Cuba (CTC) - which results in systematic repression of members of the independent trade unions and a widespread failure to defend labour rights. The Committee also notes ASIC’s allegation that section 143 of the new Criminal Code, adopted on 1 September 2022, sets out custodial penalties for those who, while representing international non-governmental organizations, associations or any persons or legal entities, provide financial support to activities against the State and its constitutional order. According to ASIC, this adversely affects various civil society groups, including trade union members, self-employed workers, lawyers, independent journalists and so forth, especially those who receive foreign assistance. While noting that the Government essentially rejects the allegations made by ASIC and reiterates, as it has done on other occasions (see Case No. 3271 examined by the Committee on Freedom of Association), that their members are not genuine workers’ representatives, the Committee notes that the Government has not commented on the allegations concerning the new Penal Code in relation to custodial penalties The Committee requests the Government to provide its comments in this regard.

Trade union rights and civil liberties. The Committee recalls that, in its previous comments, it had expressed regret that the Government had not provided copies of the court rulings connected with specific cases of convictions of workers belonging to the Independent National Workers Confederation of Cuba (CONIC), persecution and threats of imprisonment against delegates of the Light Industry Workers’ Union (SITIL) and the confiscation of equipment and humanitarian aid sent from abroad to the Single Council of Cuban Workers (CUTC). The Committee noted the Government’s repeated indication that the trade unionists were convicted in accordance with the law, denying claims of violations of the Convention, and that, in its latest report, the Government claimed that the ILO supervisory bodies were being manipulated, while arguing that the Committee should not request information relating to Case No. 2258, which had been examined by the Committee on Freedom of Association. The Committee once again requests the Government to send copies of the above-mentioned rulings.