Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee recalls that in its previous comments it requested the Government to reply to the observations of the ITUC relating to a raid by armed police at the premises of a trade union centre, the Trade Union Coordination of Haiti, and the murder of a delegate of the Union of Federated Cooperative Drivers. In this respect, the Committee notes the Government’s rebuttal in its report of the ITUC’s allegations and its indication that various investigations have been conducted by the police authorities and that no reference has ever been made to the death of a member of this union. The Government adds that there have been no further violations of freedom of association since the establishment of the rule of law following the June 2006 elections. The Committee notes these indications. It recalls that a free and independent trade union movement can only develop in conditions in which fundamental human rights are respected and that all States have an undeniable duty to defend a social climate where respect for the law reigns as the only way of guaranteeing respect for and protection of individuals. The Committee notes the latest communication from the ITUC dated 29 August 2008, which is currently being translated. The matters raised therein will be taken into consideration during the next examination of the application of the Convention.

Amendment of the legislation. The Committee recalls once again that its comments have for many years referred to the need to take measures in relation to the national legislation to bring it into conformity with the requirements of the Convention through:

–      the amendment of section 34 of the Decree of 4 November 1983 which gives the Government broad powers of supervision over trade unions, and sections 185, 190, 199, 200 and 206 of the Labour Code, which allow for compulsory arbitration at the request of only one party to a labour dispute;

–      the amendment of sections 233 and 239 of the Labour Code so as to remove the impediments to the right of association of minors and to allow foreign workers to have access to trade union office, at least after a reasonable period of residence in the country; and

–      the repeal or amendment of section 236 of the Penal Code, under which government consent is required for the establishment of an association of over 20 members. In this respect, the Committee notes the Government’s indication that the formality of the legal registration of associations by the Directorate of Labour offers them an opportunity to carry out administrative procedures and does not constitute interference in their affairs. The Committee wishes to recall that, under the terms of Article 2 of the Convention, workers and employers, without distinction whatsoever, shall have the right to establish organizations of their own choosing without previous authorization. Accordingly, any legislation which requires prior approval at the discretion of the authorities of the statutes and by-laws of representative organizations of workers or employers is incompatible with the provisions of the Convention.

In general terms, the Committee notes the Government’s indication that a Secretariat of State responsible for judicial reform was appointed in June 2006, but that the political troubles prevented it from reporting on the progress of its work. The Government adds that it is engaged in the modernization of legal texts and is pursuing the work that has been commenced. The Committee trusts that the Government’s next report will indicate tangible progress in the revision of the national legislation to bring it fully into conformity with the Convention. It requests the Government to take into account in this respect all the points raised and hopes that it will be possible to continue the technical assistance provided to the Government by the Office on these issues.

Finally, the Committee previously requested the Government to specify the texts ensuring and governing the trade union rights of workers in the rural sector and of domestic workers and noted that they were excluded from the scope of the provisions on freedom of association in the Labour Code. Furthermore, with a view to assessing more fully the recognition of the right to organize of public officials, the Committee also requested the Government to provide a copy of the Decree of 17 July 2005 amending the Act of 1982 issuing the conditions of service of the public service. The Committee notes that the Government confines itself to indicating that workers in the rural sector and domestic workers are protected by the Labour Code. However, the Committee recalls that it noted previously that, under the terms of sections 257 (domestic workers) and 381 (workers in the rural sector) of the Labour Code, the provisions of the Labour Code respecting the exercise of the right to organize were not applicable to them. The Committee therefore requests the Government to take all the necessary measures (through an amendment to the Labour Code or the adoption of a specific text) to ensure that domestic workers and workers in the rural sector explicitly benefit from the right to organize. The Committee urges the Government to indicate any progress achieved in this respect and to provide a copy of the Decree of 17 July 2005 amending the 1982 Act issuing the conditions of service in the public service.