Informe provisional - Informe núm. 321, Junio 2000

1. 237. The complaint is contained in a communication from the International Confederation of Free Trade Unions (ICFTU) dated 23 September 1999.
2. 238. In the absence of a reply from the Government, the Committee was obliged on two occasions to postpone its examination of the case. At its March 2000 meeting (see the Committee's 320th Report, para. 9), the Committee issued an urgent appeal to the Government drawing its attention to the fact that, under the rule of procedure established in paragraph 17 of its 127th Report approved by the Governing Body, it could present a report on the substance of the case at its next meeting, even if the information and observations of the Government had not been received in due time.
3. 239. 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 complainant's allegations

1. 240. In its communication of 23 September 1999, the ICFTU alleges that the company Electricité d'Ha?ti (EDH) violated freedom of association and the free exercise of the right to organize of trade union leaders and members of the Federation of Electricity Workers of Haiti (FESTRED'H). In particular, it refers to the mass dismissal in November 1996 of 30 leaders and more than 400 members of FESTRED'H, the closure of trade union offices by armed persons, the ban on any meetings by union members in the company, the attempted murder of two trade union officials, and arrests and assaults against other union leaders.
2. 241. The complainant points out that these events originate from a conflict between the company and the authorities, on the one hand, and FESTRED'H, on the other, that goes back ten years. From 1987-88 onwards, the existing trade union had undertaken a "clean-up" campaign against waste, non-payment of invoices by well-to-do individuals close to the Government and by some companies, and various other practices generally referred to as "non-technical losses", and had also sought improvements in working conditions. Throughout those years, the union faced constant difficulties in its activities; several of its members suffered harassment or arbitrary imprisonment, others were murdered, particularly during the coup d'état in September 1991. Several members of the union were forced into exile to save their own lives. The return of President Aristide in 1994 coincided with the launch of a neo-liberal economic policy of privatizing state-owned enterprises, and the EDH was at the top of the list of companies to be privatized. FESTRED'H opposed this policy from the beginning and put forward alternatives. The situation deteriorated, as the existence of an active mobilizing trade union became intolerable for the company and for the political authorities.
3. 242. It was in this context that the company decided to cancel all the agreements which it had concluded with the union, including agreements on wage increases and on the establishment of a bipartite committee responsible for reducing "non-technical losses". The management also launched a defamation campaign against a number of trade union leaders and made a number of accusations against the union, none of which were proven. An altercation in October 1996 between two EDH employees led to the dismissal in November 1996 of 30 trade union leaders and more than 400 union members, on the pretext of administrative requirements and allegations of sabotage; however, no formal accusations were made against anyone. Faced with the impossibility of establishing any dialogue with the management, FESTRED'H went through all the avenues of appeal available at national level (Labour Directorate; Ministry of Social Affairs; Tripartite Consultation and Arbitration Committee; Ministry of Public Works; Ministry of Transport and Communications), but to no avail. On 18 October 1996, armed individuals closed the union's offices and all gatherings of union members were prohibited within the enterprise. In December 1996, a representative of the Fédération des travailleurs du Québec, who had been asked by the ICFTU to act as an "honest broker", held a number of meetings with various representatives of the authorities in order to resolve the dispute, still to no avail, although a representative of the authorities acknowledged that the situation had to be remedied and said that appropriate measures would be taken. Since then, all the union's attempts to re-launch this dialogue have been stone-walled.
4. 243. In addition, several trade members and leaders suffered violations of their physical integrity. On 15 October, in the course of attempted negotiations, armed individuals fired shots at the union's President Mr. Vilbrun Laguerre, who was subsequently forcibly retired, in contravention of the company's own administrative procedures and regulations. On 11 November, two armed individuals attempted to kill the union delegate Mr. Ronald Léveillé. Lastly, four members of the union's national executive (Mr. Paulin Elladin, Mr. Buffon Sambourg, Mr. Félix P. Michel and Mr. Jean-René Martineau) were arbitrarily imprisoned and brutally assaulted before being released two days later without charge.
5. 244. The complainant maintains that workers and their organizations should be able to express their dissatisfaction regarding economic and social issues which affect the interests of their members. The systematic refusal to engage in dialogue and the brutal repression of workers constitute a violation of the most basic principles of freedom of association.

B. B. The Committee's conclusions

1. 245. The Committee deplores the fact that, despite the time that has passed since the presentation of the complaint, and given the gravity of the allegations that have been made, the Government has not replied to any of the allegations made by the complainant, although it has been invited on several occasions to present its own comments and observations on the case, notably through an urgent appeal. Under these circumstances, in accordance with the applicable rule of procedure (see the Committee's 127th Report, para. 17, approved by the Governing Body at its 184th Session), the Committee is bound to present a report on the substance of the case, even without the information which it had hoped to receive from the Government.
2. 246. The Committee reminds the Government, first, that the primary goal of the procedure instituted by the International Labour Organization for examining allegations relating to violations of freedom of association is to ensure that trade union freedoms are respected in law and in fact (see the Committee's First Report, para. 31).
3. 247. The Committee notes that the allegations concern in particular various violations of the physical integrity of trade union leaders and members, including in some cases attempted murder. The Committee recalls that the rights of workers' organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of those organizations, and it is for governments to ensure that this principle is respected (see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 47). The Committee urges the Government to take all the necessary measures to ensure that this principle is respected in future, in particular by instigating independent judicial inquiries with a view to establishing the facts, punishing those responsible and preventing recurrences. In particular, it urges the Government to begin such inquiries into the attempts to murder Mr. Laguerre and Mr. Léveillé and to keep it informed of the outcome of any such inquiries.
4. 248. With regard to the arrests and detentions in this case, the Committee deplores the detention of four national trade union leaders for two days without charge. It recalls that the detention of trade union leaders or members for reasons connected with their defence of workers' interests constitutes a serious interference with civil liberties in general and with trade union rights in particular (see Digest, op. cit., para. 71). The Committee insists that the Government take all the necessary measures to prevent any recurrences of this in future.
5. 249. The Committee also emphasizes that the occupation or closure of trade union premises constitutes a serious violation of freedom of association and a serious interference in trade union activities (see Digest, op. cit., paras. 174-185). The Committee requests the Government to take all the necessary measures without delay to ensure that FESTRED'H regains the free use of its premises and can carry out its legitimate trade union activities, in particular the right to hold meetings in full freedom. The Committee requests the Government to keep it informed of any measures taken to that end.
6. 250. The Committee emphasizes the importance which it attaches to the principle that governments should consult trade union organizations to discuss the consequences of restructuring programmes on employment and working conditions (see Digest, op. cit., para. 937). The Committee, recalling that it can examine allegations concerning economic rationalization programmes and restructuring processes if they might have given rise to acts of discrimination or interference against trade unions (see Digest, op. cit., para. 935), urges the Government to supply all relevant information on the dismissals of a large number of leaders and members of the complainant organization.