Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Forced Labour Convention, 1930 (No. 29) - Cuba (Ratification: 1953)

The Committee notes that, in its conclusions, the Conference Committee decided in 1992 to re-examine the problems relating to the application of the Convention at its next session.

The Committee notes the Government's report and the discussion in the Conference Committee.

The Committee referred in its previous observation to the allegations made in January 1991 by the International Confederation of Free Trade Unions (ICFTU), according to which:

The system known in the country as voluntary labour is, in practice, forced labour under the terms of the Convention, since refusal to do such labour results in the loss of certain rights, benefits and privileges. In its comments the ICFTU describes this system as follows: the "quotas" for voluntary labour are formally adopted at the workers' assembly of each enterprise, although in practice they are predetermined by the trade unions, which are responsible for organizing voluntary labour. Once the quota has been established, managers of enterprises prepare lists of the workers who are to perform the work; 120 hours of voluntary labour give entitlement to a certificate while, in contrast, in the event of repeated unjustified absences the worker is described as "counter-revolutionary".

The trade union organization also refers to resolution No. 590 of 1980 of the Ministry of Labour and Social Security, which establishes merits for two categories of voluntary work, namely participation in permanent activities (sugar harvest, housing construction, microbrigades) and in voluntary labour organized by the trade union (section 5(e) and (f)). Annual assemblies to consider merits and demerits discuss the report of the trade union chapter on the merits achieved by the workers, which include participation in voluntary work, and propose their inclusion in the labour record ("expediente laboral") (section 3).

The ICFTU alleges that certain benefits, rights and privileges, such as promotion, transfer, access to new employment, the acquisition of certain consumer goods, housing or participation in university programmes, depend on the merits that have been accumulated and noted in the worker's work book.

In its reply to the ICFTU's allegations, the Government stated that voluntary work in Cuba is strictly voluntary and that no-one can be punished, harassed or deprived of any right for not participating in it.

With regard to resolution No. 590 of 1980, which establishes inclusion in the work book of the merits accumulated by the workers, the Government states that this practice reflects the encouragement and recognition given to individuals by all the workers and has nothing whatsoever to do with the rights guaranteed equally to all workers.

The Committee also noted that resolution No. 590 of 1980 was in the process of being examined with a view to making the necessary amendments in the light of the particular circumstances of the country.

The Committee notes the concern expressed by the Worker members in the discussion in the Conference Committee with regard to the volume and emphasis placed on voluntary work and the establishment of quotas, which appear to imply a measure of compulsion. In their opinion, the elimination of references to voluntary work in the law would be a first step towards guaranteeing that there was no implied pressure on workers to perform voluntary work. The Employer members emphasized that the existence of work books in which voluntary work was registered and the annual assemblies which considered the reports of trade union chapters concerning merits proved the existence of compulsory labour, and they expressed the wish that the Government should supply information on the operation of the system of work books.

The Committee notes the information supplied orally by the Government representatives to the Conference Committee and in written form in the Government's last report, according to which the draft resolution to repeal resolution No. 590 of 1980, which provides for the registration in the work book of merits, is still under consultation with the trade union organizations and will be adopted soon. Furthermore, the Government states that the new regulations on employment policy have also been submitted for consultations; these regulations do not contain provisions for controlling the registration of merits, through which the voluntary work performed by the worker was reflected. The Government states that "this information has been given to avoid erroneous interpretations relating to voluntary work and as an expression of the will of the Government to ensure that, if such work is performed, it is of a strictly voluntary nature".

The Committee requests the Government to supply a copy of the resolution to repeal resolution No. 590 of 1980 and the new regulations on employment policy when they have been adopted and to supply information on any other measure which is taken to ensure that the Convention is respected.