Observation (CEACR) - adoptée 1989, publiée 76ème session CIT (1989)

In its earlier comments, the Committee addressed the following discrepancies between the national legislation and the Convention.

- the necessity of obtaining the approval of the Government to establish an association of more than 20 persons (section 236 of the Penal Code);

- the wide powers conferred on the Government to supervise the trade unions (section 34 of the Decree of 4 November 1983);

- the prohibition of strikes in the event of compulsory arbitration (sections 185, 190, 199 and 200 of the Labour Code);

- the prohibition of strikes lasting longer than 24 hours, and lightning strikes and go-slows lasting more than one hour (section 206 of the Code);

- the need for a statutory right to organise for public servants, even if section 35(3) and (4) of the 1987 Constitution provides constitutional guarantees of the freedom of association of workers in the public and private sectors and recognises the right to strike.

The previous comments also referred to the shortcomings in the practical effect given to the Convention, pointed out by the Committee on Freedom of Association in connection with Case No. 1396 examined in March 1988 (254th Report). The case concerned repressive measures against the trade union movement in Haiti.

The Committee notes with interest from the Government's report that, as a result of the ILO mission that went to Haiti and met the competent national departments in October 1988, Decrees are in the process of being drafted to amend section 236 bis of the Penal Code (formerly section 236), section 34 of the Decree of 4 November 1983 and sections 183, 184, 190, 199 and 200 of the Labour Code, in the light of the comments made by the Committee of Experts, and to adopt a specific provision on the right to organise of public servants.

The Committee has also read the 262nd Report of the Committee on Freedom of Association on Case No. 1396 (approved by the Governing Body at its February 1989 Session) and notes that there have been certain developments in the freedom of association situation.

The Committee expresses the firm hope that statutory or regulatory provisions in keeping with the requirements of the Convention will shortly be adopted, and requests the Government in its next report to provide information on all developments concerning the effect given to the Convention in law and in practice. [The Government is asked to supply full particulars to the Conference at its 76th Session.]