Informe provisional - Informe núm. 78, 1965

Caso núm. 373 (Haití) - Fecha de presentación de la queja:: 02-ENE-64 - Cerrado

1. 204. A first complaint relating to the incidents alleged to have occurred in this case was submitted to the I.L.O on 2 January 1964 by the Committee for Trade Union Co-ordination of Workers of Latin America. The Committee on Freedom of Association examined this complaint at its 37th Session held in Geneva in June 1964 and found it irreceivable because it emanated from an international organisation of workers not having consultative status with the I.L.O and not having affiliates in the country concerned; it therefore was not communicated to the Government concerned.
2. 205. However, the Government of its own accord forwarded to the I.L.O, by a communication dated 8 January 1964, a comprehensive collection of documents relating to the situation in respect of which the allegations were made by the above-mentioned organisation.
3. 206. The World Federation of Trade Unions (W.F.T.U.) in turn submitted a complaint on the same subject, by a communication dated 28 April 1964. As this complaint emanated from an international organisation of workers having consultative status with the I.L.O and was therefore receivable, it was communicated on 8 May 1964 to the Government for observations so as to comply with the procedural requirements, even though observations had already been furnished by the Government, as it were, in advance.
4. 207. The Government submitted a new lot of observations by a communication dated 3 June 1964.
5. 208. In the following paragraphs consideration will be given, on the one hand, to the allegations contained in the complaint of the W.F.T.U, the only one to be receivable, and, on the other hand, to the observations contained in the communications of the Government dated 8 January and 3 June 1964 respectively.
6. 209. Haiti has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), but it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

• Allegations relating to the Dissolution of the Inter-Union Federation of Haiti
  210. 210 The complainants allege that, on 17 December 1963, the Government of Haiti unlawfully dissolved the independent trade union Confederation known as the " Inter-Union Federation of Haiti ".
  211. 211 In its observations the Government explains first of all that the Inter-Union Federation of Haiti was not dissolved but only suspended. It goes on to state that this measure was taken in application of a judgment pronounced at a public hearing, in its capacity as a labour court, by the Civil Court of Port-au-Prince.
  212. 212 It appears both from the observations of the Government and from the text of the judgment which the Government supplied that, in accordance with the provisions of section 279 of the Labour Code, the Secretary of State for Labour and Social Welfare, considering that the Inter-Union Federation of Haiti in the person of its leaders was guilty of infringements of the labour legislation and of subversive political plots, summoned this organisation to appear before the labour court so that the latter, in the event that it found the organisation to be guilty, might impose the necessary penalties on it.
  213. 213 The common law court which gave a ruling in the matter established that the Inter-Union Federation of Haiti had failed to comply with the provisions of sections 278 and 285 of the Labour Code by refusing to furnish to the competent authorities a full list of the trade unions affiliated to it and all the names of the members of the executive committees of these unions, despite being instructed to do so by letter dated 25 September 1963, which remained unanswered.
  214. 214 The Court also established that the organisation in question had started unlawful strikes, inasmuch as they were called without the heads of the undertakings being notified in advance and while the matters under dispute were the subject of conciliation proceedings before the competent services.
  215. 215 The Court further established, on the basis of reports supplied by a labour inspector, that the Federation had on several occasions committed offensive acts against persons and property.
  216. 216 Finally the Court established that the organisation in question had held secret meetings outside its premises, that political tracts inciting the workers to subversion, sabotage and acts designed to undermine public order had been disseminated by its authority, and that its leaders, having assumed the role of political agitators, had made of the Federation, from the trade union which it was, an organisation engaging in political activities which were incompatible with its true objectives.
  217. 217 Having established the foregoing the Court, by a judgment dated 17 December 1963, ordered the suspension of the activities of the Inter-Union Federation of Haiti.
  218. 218 In its observations the Government states that the suspension of the activities of the Federation has not in any way affected the free functioning of the unions affiliated to this organisation. The Government appends to its reply the text of a communication issued on 17 December 1963 by the Secretary of State for Labour and Social Welfare in which he assured these unions that they were authorised to carry out their activities normally under the guarantee and protection of the law and of the Government. " And in fact ", the Government adds in its observations, " these associations have functioned normally since the suspension of the activities of the Federation."
  219. 219 It is quite clear from the explanations furnished by the Government, as well as from the text of the judgment appended to its observations, that the organisation whose activities have been suspended was guilty of infringements of the Labour Code by failing to observe its provisions. Moreover it appears evident that this organisation engaged in political activities outside the framework of normal trade union activities. Thus it would not appear that the action taken against it, in application of a judgment pronounced in public hearing by a common law court, could be considered as constituting a violation of freedom of association.
  220. 220 For this reason, and in view of the fact that the action taken has not affected the unions affiliated to the organisation against which it was directed, which have continued to function normally, the Committee recommends the Governing Body to decide that this aspect of the case does not call for further examination.
• Allegations concerning the Arrest of Trade Union Leaders and Officials
  221. 221 The complainants allege that, parallel with the action taken against the Inter-Union Federation of Haiti, the Government arranged for the arbitrary arrest of a number of trade union leaders and officials. The persons arrested included Mr. Ulrick Joly, President of the Federation, Messrs. Claude François and Léon Gabriel, members of the Executive Committee and presidents, respectively, of the cement and sugar workers' unions, Messrs. Alcius Cadet and Arnold Maisoneuve, of the boat-breakers' union, and leaders Prossoir and Guerrior.
  222. 222 The Government in its communications to the I.L.O did not furnish any observations on this aspect of the case.
  223. 223 In view of the fact that specific allegations of a rather serious character have been made the Committee recommends the Governing Body to request the Government to be good enough to furnish its observations in this connection, and, pending receipt of these observations, to postpone examination of this aspect of the case.

The Committee's recommendations

1. 224. With regard to the case as a whole the Committee recommends the Governing Body:
   • (a) to decide, for the reasons indicated in paragraphs 219 and 220 above, that the allegations relating to the dissolution of the Inter-Union Federation of Haiti do not call for further examination;
   • (b) to request the Government to be good enough to furnish its observations on the allegations relating to the arrest of the trade union leaders and officials mentioned by name in the complaint of the W.F.T.U dated 28 April 1964;
   • (c) to take note of the present interim report, on the understanding that the Committee will submit a further report when it has received the supplementary information referred to in subparagraph (b) above.