Informe provisional - Informe núm. 254, Marzo 1988

Caso núm. 1396 (Haití) - Fecha de presentación de la queja:: 05-NOV-86 - Cerrado

1. 370. Complaints of violation of freedom of association have been presented by the following trade union organisations on the following dates: the Latin American Central of Workers (CLAT): 5 November 1986; the World Federation of Trade Unions (WFTU): 29 June 1987; the International Confederation of Free Trade Unions (ICFTU): 3 July 1987; and the Autonomous Confederation of Haitian Workers (CATH): 20 July 1985. The CLAT, the WFTU and the CATH have provided additional information in support of their complaints in communications dated 25 February, 6 July and 14 August 1987, respectively.
2. 371. At its November 1987 meeting, the Committee noted that the observations requested on a number of occasions from the Government had not been received. In these circumstances, the Committee addressed an urgent appeal to the Government to transmit its observations as a matter of urgency and drew its attention to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, it could present a report at its next meeting on the substance of this case even if the observations requested from the Government have not been received in time. Since then, the ILO has received no reply from the Government.
3. 372. 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. The complainants' allegations

1. 373. In its communication of 5 November 1986, the CLAT states that a great many enterprises have decided to inflict reprisals on new trade union organisations. According to the CLAT, they dismissed the officials of each trade union as soon as they had been democratically elected by the workers. The complainant organisation states that about 200 trade union officials of the Haitian confederation affiliated to it, the CATH-CLAT, were dismissed by their enterprises only because they had accepted trade union office. A complaint has been lodged on each of these cases with the Ministry of Labour, which has so far agreed to act as mediator only in the case of those enterprises which are willing to pay the compensation due.
2. 374. The CLAT specifies that many enterprises, including "Mariette Industries", have dismissed hundreds of workers without paying the statutory compensation for dismissal. CLAT missions have visited Haiti on several occasions since the change of government and have requested dialogue with government representatives, which, in the case of the Minister of Labour, never took place.
3. 375. In its communication of 25 February 1987, the CLAT states that the Minister of Labour refused to take part in dialogue by cancelling a meeting with CLAT representatives which, by common consent, was to take place on 24 February 1987. The CLAT alleges that the Ministry of Labour has still not approved legal recognition of the National Federation of Agricultural Workers of Haiti (FENATAPA), which has been pending since the previous year and which was promised by the Minister in November 1986. The complainant organisation also refers to the dismissal of nearly all of its staff, and, in particular, of trade union officials and members by the "Jebsa" and "Performance Footwear" undertakings. In the case of the "Jebsa" enterprise, according to the CLAT, glaring injustices have taken place, and the workers demand that the lock-out be lifted in the enterprise and that the conditions of work and remuneration established by Haitian law be observed. The "Performance Footwear" enterprise, for its part, announced the closure of the premises it occupies, changed its name and took up activities in other premises under the name of another representative. In the CLAT's view, this measure not only runs counter to the legislation, but is aimed at destroying the trade union, which represents 80 per cent of the staff. The enterprise refused to take part in any dialogue, and the Ministry of Labour failed to take appropriate measures to seek solutions. According to the CLAT, these two situations are merely an example of what has become a habitual practice of Haitian employers, in glaring contradiction to the efforts being made to build and consolidate a genuinely democratic regime.
4. 376. In its communication of 29 June 1987, the WFTU alleges that on 23 June the Government dissolved the Autonomous Confederation of Haitian Workers (CATH) and imprisoned three officials of this organisation, including its Secretary-General, Jean-Auguste Mesyeux. The WFTU specifies that these repressive measures followed a general two-day protest organised by the CATH to pressure the Government into improving working and living conditions of workers in the country.
5. 377. Referring to the same case, the ICFTU explains in its communication of 3 July 1987 that, on 22 and 23 June, the CATH called a 48-hour general strike, presenting economic and social claims and demanding observance of the Constitution and civil rights. According to the ICFTU, the army invaded CATH headquarters at dawn on 22 June and carried out a thorough search. The premises were closed and are still occupied by the army. Four trade union officials were arrested and savagely beaten, and the CATH was dissolved by the provisional government junta.
6. 378. The WFTU states in its communication of 6 July 1987 that the three CATH officials arrested are Jean-Auguste Mesyeux, Armand Pierre and Edouard Pierre.
7. 379. The CATH provides further details on this case in its communication of 20 July 1987. It explains that, after the union called a general strike on 22 and 23 June 1987, the military authorities gave the order on 22 June to invade the premises of the Confederation, which they then pillaged, taking away a car, office equipment and US$1,800.
8. 380. The CATH adds that the soldiers violently beat the officials who were in the trade union premises, then, without a warrant, took them away to the Dessalines barracks, where, for 15 days, according to the CATH, they were beaten, tortured and humiliated. In addition, on 23 June, the CATH was dissolved.
9. 381. On 4 July, the lawyers of the CATH intervened with the court since, contrary to the provisions in force, the trade unionists detained had not been brought before a judge. On 6 July, the persons concerned were released on certain conditions.
10. 382. In its communication of 14 August 1987, the CATH specifies that eight persons were arrested on 22 June. They were Jean-Auguste Mesyeux, Armand Pierre, Edouard Pierre, Jean-Baptiste Hatman, Jean-Claude Pierre-Louis, Idly Cameau, Patrice Dacius and Edmer Saint-Eloi. Since their release, these trade union officials and five other union officials have received various threats and have been entered on a government blacklist.
11. 383. The CATH adds that an arson attempt was made on its premises on the night of 29 to 30 July. Lastly, it states that the equipment, vehicle and money taken away during the army attack on its premises have still not been returned.

B. Subsequent developments in the case

1. 384. Subsequently, the ILO has sent telegrams on several occasions to the Government requesting it to transmit its observations and comments on the outstanding allegations in this case. The Government has not to date responded to these requests. However, the Office was informed verbally by a Haitian trade union official passing through Geneva that the administrative dissolution of the CATH had been lifted. It was also informed of the release of several trade unionists whose arrest had been announced by the complainants.

C. The Committee's conclusions

1. 385. Before examining the substance of the case, the Committee regrets that it must draw the Government's attention to the considerations it set out in its First report (paragraph 31), namely that the purpose of the whole procedure set up is to promote respect for trade union rights in law and in fact; it is convinced that while the procedure protects governments against unreasonable accusations, governments on their side should recognise the importance for their own reputation of formulating, so as to allow objective examination, detailed replies to the allegations brought against them.
2. 386. In these circumstances, the Committee deplores the fact that the Government has not replied to the serious allegations made by the complainants, some of which date back to more than a year ago, and that it is obliged because of the time which has elapsed, to examine the case without being able to take into account any observations or comments from the Government.
3. 387. The Committee points out that the allegations raised in this case mainly deal with anti-trade union reprisals inflicted by employers on workers seeking to conduct legitimate trade union activities, with the arrests of trade union activists and officials - named by the complainants - following a two-day strike in June 1987, with the dissolution by administrative authority of the Autonomous Confederation of Haitian Workers (CATH), with the occupation by violent means of the premises of this trade union confederation, and with the confiscation of the trade union material belonging to it.
4. 388. In the absence of any reply on these allegations by the Government, the Committee can only conclude that there has been a serious infringement of the principles of freedom of association.
5. 389. As concerns the anti-trade union reprisals, including dismissals and the alleged establishment of "blacklists" by employers which are said to have affected hundreds of workers merely because they wanted to set up trade union organisations or carry out legitimate trade union activities within several enterprises in Haiti, the Committee recalls that one of the basic principles of freedom of association is that workers should enjoy adequate protection against all acts of anti-union discrimination likely to infringe upon freedom of association in their employment. It also recalls that this protection is particularly desirable in the case of trade union officials because, in order to perform their trade union duties in full independence, they should have a guarantee that they will not be prejudiced on account of the mandate which they hold from their trade unions (See 211th Report, Case No. 1033 (Jamaica), para. 303 and Case No. 1063 (Costa Rica), para. 616.).
6. 390. The Committee therefore expresses its serious concern as regards this infringement of the principles of freedom of association and, as it has done on numerous occasions in similar cases, draws the Government's attention to the fact that the establishment of "blacklists" of trade union officials seriously endangers the free exercise of trade union rights, and it is incumbent on the Government to take measures so as to ensure the full respect for these principles.
7. 391. As regards the dissolution by administrative authority of the CATH, the Committee emphasises the importance it attaches to Article 4 of Convention No. 87 ratified by Haiti, according to which workers' and employers' organisations should not be subject to suspension or dissolution by administrative authority. In the Committee's opinion, dissolution by virtue of administrative powers does not ensure the right of defence which normal judicial procedure alone can guarantee and which the Committee considers essential.
8. 392. Consequently, the Committee is of the opinion that dissolution by administrative authority constitutes a serious violation of the rights of workers' organisations contrary to Convention No. 87.
9. 393. The Committee has been informed that the dissolution of the CATH has been lifted. It nevertheless calls upon the Government to ensure that such practices are not repeated in the future.
10. 394. As regards the arrests and imprisonment of the CATH leaders and activists after a general two-day strike on 22 and 23 June 1985, a strike called by the CATH to pressure, according to the complainants, the Government into improving working and living conditions of workers in the country, the Committee recalls that the right to strike is one of the essential means through which workers and their organisations may promote and defend their economic and social interests. In the Committee's opinion, the authorities should not have recourse to measures of imprisonment for the mere fact of organising or participating in a peaceful strike (See 236th Report, Case No. 1213 (Greece), para. 46.).
11. 395. Consequently, the Committee requests the Government to take the necessary measures to ensure that the competent authorities are given appropriate instructions so as to eliminate the danger to trade union activities that such arrests involve (See 147th Report, Case No. 777 (India), para. 214.).
12. 396. As regards the allegations concerning the ill-treatment and other punitive measures taken against the Haitian trade union activists and officials arrested after the above-mentioned general strike, the Committee has stressed in similar cases in the past the importance it attaches to the right of trade unionists, like all other persons, to enjoy the guarantees afforded by due process of law in accordance with the principles enunciated in the Universal Declaration of Human Rights and in the International Covenant on Civil and Political Rights.
13. 397. Consequently, the Committee considers that the Governments should give precise instructions to ensure that no detainee is subjected to such treatment and apply effective sanctions where cases of ill-treatment are proven.
14. 398. Concerning the allegation that the premises of the CATH were violently occupied and that trade union equipment, including a sum of money, was confiscated, the Committee recalls that the inviolability of trade union premises implies that the public authorities may not enter these premises without a judicial warrant authorising them to do so. Indeed, it is stated in the resolution on trade union rights and their relation to civil liberties adopted by the International Labour Conference at its 54th Session (1970), that the right to adequate protection of trade union property is one of those civil liberties which are essential for the normal exercise of trade union rights.
15. 399. The Committee also considers that measures of this nature involving the occupation of trade union premises and the confiscation of trade union property constitute a serious interference on the part of the Government in trade union activities and, as such, might give rise to criticism, unless they are accompanied by adequate judicial safeguards applied within a reasonable period. The Committee therefore urges the Government to take the measures necessary so that the authorities concerned receive instructions to ensure respect for the law in this regard and to ensure that the union money allegedly taken away during the army attack be returned to the CATH.

The Committee's recommendations

1. 400. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • a) The Committee greatly deplores that the Government has not replied to the serious allegations submitted by the complainants in the present case concerning the repression to which the trade union movement in Haiti is being subjected; these allegations refer to hundreds of dismissals on the ground of trade union activities, the establishment of blacklists, the dissolution by administrative authority of the Autonomous Confederation of Haitian Workers (CATH) notwithstanding the fact that it has resumed its activities since the allegation was made, the arrest and detention of trade union officials and activists, the ill-treatment inflicted on these officials when detained and the violent occupation of the trade union premises and the confiscation of material belonging to the CATH.
   • b) The Committee requests the Government to ensure that the material and money of the CATH, which were confiscated during the attack on the headquarters of the Confederation, be returned to that Confederation.
   • c) The Committee draws the Government's attention to the fact that a free and independent trade union movement cannot develop in a climate of violence and uncertainty.
   • d) The Committee urges the Government to take severe measures to eliminate the danger which such reprehensible anti-union practices imply for trade union activities.
   • e) The Committee also urges the Government to take the measures necessary to safeguard freedom of association and civil liberties in Haiti, in accordance with the obligations this country undertook in ratifying Conventions Nos. 87 and 98. It asks it in particular to endeavour to bring about the reinstatement of the many workers dismissed for having wanted to conduct legitimate trade union activities, and to indicate whether judicial inquiries have been instigated into the ill-treatment inflicted on the imprisoned trade unionists, the occupation of the CATH premises and the confiscations carried out on the premises in question. The Committee requests the Government to supply information in this connection.