Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Cuba (Ratification: 1952)

The Committee takes note of the Government's report and of the opinions of the Cuban Central Organisation of Workers (CTC) concerning the Committee's previous comments. The Committee also notes the comments of the International Confederation of Free Trade Unions (ICFTU) concerning the application of the Convention.

In its previous observation, the Committee noted that the Labour Code which came into force in 1985 continues to refer expressly to the CTC (particularly in section 15) and that Legislative Decree No. 67 of 19 April 1983 confers on this organisation the monopoly of representing the workers of the country before the State Committee on Labour and Social Security of the Ministry of Labour (section 61).

In its report, the Government repeats its statement that unity in the Cuban trade union movement is voluntary and a historical fact, and commenced prior to any law, and that the principles laid down in the Convention are embodied in the Cuban legislation through recognition of the historic facts of trade unionism in Cuba, which is renewed and strengthened through the holding of workers' congresses every five years. The Government adds that, to enable workers who so wish to create unions of their own choosing outside the existing trade union structure, section 13 of the Labour Code provides that "all workers, whether manual or intellectual, have the right to associate freely and to establish trade union organisations without prior authorisation".

For its part, the CTC states that 98 per cent of all workers in the country are members of both the existing national unions and the CTC, and that these organisations are financed exclusively from voluntary trade union contributions paid directly and in person by the workers. The CTC adds that the workers are satisfied with the way the CTC and the trade unions are run and continue to support the trade union movement.

The CTC describes the massive worker participation both before and at the 16th Congress of the CTC (January 1990) at which amendments to the statutes were adopted. Lastly, the CTC points out that if, in the future, the workers feel that they are no longer protected and represented by the CTC and their trade unions, there is nothing to prevent them from establishing unions of their own choosing.

The Committee takes note of these statements, particularly as regards the development and practices of the trade union movement in Cuba, and of the Government's previous statements on the important role played by the workers in the decision-making process at all levels, but must once again point out that the national legislation, in sections 15, 16 and 18 of the Labour Code refers by name to the "Central Organisation of Workers", in the singular form, which in itself constitutes recognition in the legislation of the single trade union system.

The Committee recalls that in its 1983 General Survey on Freedom of Association and Collective Bargaining, it indicates in paragraph 137 that, even in a case where a de facto monopoly exists as a consequence of all the workers having grouped together, legislation should not institutionalise this factual situation, for example, by designating the single central organisation by name. Even in a situation where, at some point in this history of a nation, all workers have preferred to unify the trade union movement, they should, however, be able to safeguard their freedom to set up, should they so wish in the future, unions outside the established trade union structure.

The Committee therefore once again requests the Government to indicate the measures that it envisages adopting to eliminate from the legislation the numerous references to a single trade union central organisation, called the Central Organisation of Cuban Workers, and to enable the workers, if they so wish, to create trade unions of their own choosing, outside the existing trade union structure.

In addition, the International Confederation of Free Trade Unions (ICFTU) submitted comments in a communication dated 31 January 1991, concerning the application of the Convention with regard to trade union unity, the impossibility of creating independent trade union organisations, the selection of trade union officers by the Communist Party rather than by the workers, and the functions assigned to trade unions which are required to increase the productivity of workers and impose labour discipline. The Committee asks the Government to send its observations on these comments.

In view of the fact that the Government has not had time to reply to the ICFTU's comments, the Committee will examine these specific questions at its next meeting, when it has had time to examine the Government's observations.

[The Government is asked to report in detail for the period ending 30 June 1991.]