Rapport intérimaire - Rapport No. 397, Mars 2022

1. 413. The Committee last examined this case at its March 2021 meeting and on that occasion presented an interim report to the Governing Body [see 393rd Report, approved by the Governing Body at its 341st Session (March 2021) paras 502–512].
2. 414. In the absence of a reply from the Government, the Committee has been obliged once again to postpone its examination of this case. At its November 2021 meeting [see 396th Report, para. 7], the Committee expressed regret at the continued lack of cooperation and launched an urgent appeal to the Government, indicating that it would present a report on the substance of the matter at its next meeting even if the information or observations requested had not been received on time. To date, the Government has not sent the requested information.

A. Previous examination of the case

1. 415. During its previous examination of the case, in March 2021, the Committee made the following recommendations [see 393rd Report, para. 512]:
   • (a) The Committee again deplores that the Government has not replied to the allegations, even though it has been asked to do so on several occasions, including through urgent appeals, and urges it to reply as soon as possible.
   • (b) In the light of the scant and contradictory information brought to its attention, the Committee urges the Government and the complainant organization to provide precise information concerning the establishment of the Haiti Postal Workers’ Union (SPH) (date of establishment, registration procedure, statutes, etc.) and the circumstances surrounding its alleged dissolution.
   • (c) The Committee urges the Government to expedite an independent inquiry into the allegations concerning the automatic laying off of the union representatives concerned, namely Mr Daniel Dantes, Mr Fely Desire, Mr Jean Estima Fils, Mr Petit-Maitre Jean-Jacques, Mr Ronald Joseph, Mr Harold Colson Lazarre, Mr Amos Musac and Mr Guito Phadael, and to provide information on their present situation. If it is found that acts of anti-union discrimination have been committed by the Directorate General of the Post Office, the Committee calls on the Government to take the necessary measures of redress, including ensuring that the workers concerned are reinstated without loss of pay. The Committee requests the Government to keep it informed of all measures taken in this regard and the results of those measures, and to indicate whether any court rulings have been issued in these cases.
   • (d) In the light of the issues raised in this complaint, the Committee reminds the Government once again that it may avail itself of the technical assistance of the Office.

B. The Committee’s conclusions

1. 416. The Committee deplores that the Government has not yet provided the requested information, especially given the time that has elapsed since the complaint was filed in 2016, and despite another urgent appeal.
2. 417. Hence, in accordance with the applicable procedural rules [see 127th Report, para. 17, approved by the Governing Body at its 184th Session], the Committee is obliged to present a report on the substance of the case without being able to take account of the information which it had hoped to receive from the Government.
3. 418. The Committee reminds the Government once again that the purpose of the whole procedure established by the International Labour Organization (ILO) for the examination of allegations of violations of freedom of association is to ensure respect for trade union rights in law and in practice. The Committee is confident that, while this procedure protects governments against unreasonable accusations, they must recognize the importance of formulating, for objective examination, detailed replies concerning allegations brought against them [see First Report of the Committee, 1952, para. 31]. In spite of the multiple difficulties the country has had to face, the Committee urges the Government to be more cooperative in the future.
4. 419. The Committee also notes that the complainants did not send the requested information concerning recommendation (b).
5. 420. Recalling that the allegations in this case concern the automatic laying off in 2012 of union officials working in the postal sector, their non-reinstatement in their posts and the dissolution of their longstanding-union, the Committee is obliged to refer to the conclusions and recommendations it made during the examination of this case at its meeting in March 2021 [see 393rd Report, paras 502 to 512.] Given the difficulty in obtaining the requested information, from both the Government and the complainant organization, the Committee invites the Government to accept an advisory mission to facilitate understanding and resolution of the outstanding issues.