Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the Government's reports and the information supplied by a Government representative at the Conference Committee in 1991, as well as the comments of the International Confederation of Free Trade Unions (ICFTU) dated 31 January 1991. It also notes the comments submitted by the Central Organisation of Workers (CTC) on the Committee's previous observation and the comments of the ICFTU.

In its previous observations, the Committee pointed out that the explicit reference to the Cuban Central Organisation of Workers in the Labour Code (particularly in sections 15 and 16) was contrary to the Convention.

In its report, the Government once again repeats that section 13 of the Labour Code, which is still fully in force, establishes that "all workers, whether manual or intellectual, have the right to associate freely and to establish trade union organisations without prior authorisation". The Government points out that, pursuant to this text, 98 per cent of the workers decided, of their own will, to form the branch unions that are members of the CTC and that the legal texts referring to the CTC, far from restricting freedom of association, provide for and guarantee that no decisions are taken on the rights of workers by administrative bodies without consultation with the trade union organisations. According to the Government, these organisations are regulated and exercise their rights in accordance with principles, statutes and regulations that are democratically discussed and approved by the members.

While noting the Government's statements, the Committee once again points out that certain sections of the Labour Code by referring explicitly to the "Central Organisation of Workers" of Cuba enshrines the system of trade union unity at the top level in the legislation. Accordingly, the Committee again recalls that in its General Survey of 1983 on freedom of association and collective bargaining, it made it clear, in paragraph 137, that even in a case where a de facto monopoly exists as a consequence of all the workers having grouped together, legislation should not institutionalise this factual situation, for example, by designating the single central organisation by name, even if the existing trade union so requests. Even in a situation where, at some point in the history of a nation, all workers have preferred to unify the trade union movement, they should none the less be able to safeguard their freedom to set up, should they so wish in the future, unions outside the established trade union structure.

The Committee notes that the comments of the ICFTU refer to the following points:

- impossibility to create independent trade union organisations;

- appointment of trade union leaders by the Communist Party and not by the workers;

- amongst the functions assigned to trade unions, increase responsibility to the production and the productivity of workers, imposition of labour discipline, and putting pressure on workers to perform work "voluntarily".

The Committee regrets that the Government's report makes no specific reference to these comments. However, with regard to the selection of trade union leaders, the CTC states, in a document appended to the report, that the selection process for National Committee candidates is eminently democratic and involves no pressure or canvassing in favour of any candidate. During the organisation of the XVIth Workers' Congress, which was held in January 1990, candidates for this Committee, which has a total membership of 195, were selected from among 800 nominations from the intermediate organisations. The National Organising Committee, along with the general secretaries of the unions, then drew up a preliminary list of candidates which was submitted to the provincial delegations made up of all the delegates elected to attend the Congress. At these meetings, delegates were able to remove from the list anyone they considered to be unsuitable, explaining the reasons why, or to propose another person, on condition that there was no change in the total membership of 195. This does not imply that the result was pre-established, as the delegates had the opportunity to exercise their right to vote, both when the preliminary list was submitted to the provincial delegation and during the election held at the Congress.

With regard to union activities to increase production and productivity, the imposition of labour discipline and the pressure exerted on workers to perform work "voluntarily", the CTC states that it is necessary to take into account that in a State of workers and farmers, the principal aspiration is to serve the worker, and increased production and productivity mean greater well-being for the workers and the people, for the workers have freed themselves from exploitation and the fruits of their endeavours go to investment for national development.

The Committee also notes that although the Preamble to the Statutes of the CTC states that the trade union movement is not part of the State apparatus and that the CTC and the unions are not organisations of the Party, at the same time, the CTC and the unions recognise openly and consciously the leadership of the Party as being the vanguard and highest organisation of the working class, and they recognise, endorse and follow the policy of the Party and act in accordance with the principles of democratic centralism.

In addition, pursuant to the above Preamble, the tasks of the national union are to organise and develop voluntary work as the cornerstone of the communist education of the workers; to constantly heighten the workers' awareness of socialist labour by strengthening labour discipline, thereby promoting increased production and the steady increase of productivity; and to organise Socialist Emulation among the workers.

In this connection, the Committee considers that listing these tasks in the Statutes does not allow the organisation to carry out its activities without intervention from the public authorities. In addition, the designation of the CTC as the single organisation at central level in the legislation does not enable the workers to establish and join organisations of a different nature and independent of the public authorities, which is contrary to Article 2, 3, 5 and 6 of the Convention.

The Committee also wishes to recall paragraph 5 of the Resolution on the independence of the trade union movement, adopted by the International Labour Conference in 1952, which states that: "When trade unions in accordance with national law and practice of their respective countries and at the decision of their members decide to establish relations with a political party or to undertake constitutional political action as a means towards the advancement of their economic and social objectives, such political relations or actions should not be of such a nature as to compromise the continuance of the trade union movement or its social and economic functions irrespective of political changes in the country".

Accordingly, the Committee once again requests the Government to indicate the measures that it plans to take to delete from the legislation the numerous specific references to a single trade union organisation, designated in the legislation as the "Central Organisation of Workers" so that workers may effectively establish and join organisations of their own choosing fully independent of the public authorities, in accordance with Article 2 of the Convention. The Committee asks the Government to provide information on this matter.

[The Government is asked to provide full particulars at the 79th Session of the Conference.