Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report and the comments made by the International Confederation of Free Trade Unions (ICFTU). The Committee requests the Government to send its observations on the ICFTU’s comments in its next report.

The Committee recalls that, in its previous comments, it referred to: (1) the need to delete from the Labour Code of 1985 the reference to the "Confederation of Workers" (sections 15 and 16); (2) the need to amend Legislative Decree No. 67 of 1983 (section 61), which confers on the Confederation of Workers the monopoly of representing the country’s workers on government bodies; and (3) recommendations by the Committee on Freedom of Association requesting the Government to ensure the recognition of certain trade unions.

1. With regard to trade union monopoly, the Committee notes that, according to the Government, these issues are being examined as part of the Labour Code revision process.

Articles 2, 5 and 6 of the Convention. Regarding the need to delete from the Labour Code of 1985 the reference to the Confederation of Workers, the Committee again emphasizes that trade union pluralism must remain possible in all cases. Accordingly, the law must not institutionalize a de facto monopoly. Even where at some point all workers have preferred to unify the trade union movement, they should still remain free to set up unions outside the established structure, should they so wish (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 96).

Article 3 of the Convention. With regard to the need to amend Legislative Decree No. 67 of 2983, which confers on the Confederation of Workers the monopoly to represent the country’s workers on government bodies, the Committee urges the Government to amend this provision in order to ensure trade union pluralism, for instance by replacing the reference to the "Confederation of Workers" by the term "most representative organization".

The Committee again expresses the firm hope that the draft revision of the Labour Code will be adopted in the very near future and will take account of the provisions of the Convention. The Committee requests the Government to send the Office a copy of the draft revision.

2. Regarding the recommendations of the Committee on Freedom of Association in Case 1961 (see 328th Report, June 2002), in which the Government was asked to ensure the recognition of the Single Council of Cuban Workers (CUTC) and to allow the latter full freedom to carry out its legitimate trade union activities without any threats, intimidation or pressure, the Committee notes that the Government reiterates its observations submitted in the framework of Case No. 1961 to the effect that the above organization has not been shown to carry on any union activities and that, consequently, the persons concerned cannot be assigned any union representational duties being neither leaders nor representatives of any group of workers in any entity in the country. The Committee reiterates that the freedom, de facto and de jure, to establish organizations is the foremost among trade union rights and is the essential prerequisite without which the other guarantees enunciated in Conventions Nos. 87 and 98 would remain a dead letter (see General Survey, op. cit., paragraph 44). The Committee hopes that the necessary measures will be taken to ensure that all workers enjoy this right both in law and in practice.