Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Haiti (Ratification: 1957)

Application of the Convention in practice. The Committee notes the comments of the International Trade Union Confederation (ITUC), dated 4 August 2011, which emphasize the serious consequences of the earthquake of 12 January 2010 on the exercise of trade union rights and refer to issues already raised by the Committee in its previous observations. Indeed, the Committee noted previously the ITUC’s comments, which related, among other matters, to acts of discrimination against trade unionists and interference by certain enterprises in trade union activities – acts which have not been penalized – and reiterated the necessity to carry out legislative reforms. The Committee also noted the comments of the ITUC concerning the weakness of the labour inspectorate and the judicial system with regard to violations of trade union rights. The Committee noted the Government’s confirmation of this weakness in stating that the administrative examination of cases may take several weeks owing to the large number of cases and the lack of resources within the administration. However, the Government indicated that no formal complaints related the violations of trade union rights had been lodged with the labour administration. The Committee once again requests the Government to provide information on the cases of violations of trade union rights mentioned by the ITUC and to examine with the social partners the measures to be taken with a view to the adoption of rapid and effective mechanisms for the protection of trade union rights.

The Committee notes that the Government’s report has not been received. It is therefore bound to reiterate its previous observation, which read as follows:

Articles 1, 2 and 4 of the Convention. In its previous comments, the Committee asked the Government to indicate any developments concerning: (i) the adoption of a specific provision establishing protection against anti-union discrimination in hiring practices; (ii) the adoption of provisions generally affording adequate protection to workers against acts of anti-union discrimination (on the basis of union membership or activity), accompanied by effective and expeditious procedures and sufficiently dissuasive penalties; and (iii) the revision of section 34 of the Decree of 4 November 1983 empowering the Social Organizations Branch of the Department of Labour and Social Welfare to intervene in the drafting of collective agreements, without specifying the nature of such intervention or the cases concerned. The Committee trusts that these issues will be taken into account in the context of the work of the “think-tank” for the reform of the Labour Code relating to a new legal framework and the judicial reform mentioned by the Government, and trusts that the Government will refer in its next report to real progress made in the adoption of national legislation which is in full conformity with the Convention.

The Committee previously asked the Government to supply information on the number of collective agreements in force for rural workers, workers in the informal economy, self-employed workers and domestic workers, and also the coverage provided by these agreements. The Committee noted the Government’s reply that no collective agreements exist in the abovementioned sectors. The Committee requests the Government to examine, in conjunction with the social partners concerned, ways of promoting collective bargaining for rural workers, self-employed workers, domestic workers and workers in the informal economy. The Committee requests the Government to supply information in this respect.

The Committee is aware of the difficulties faced by the country and trusts that the Government will continue to avail itself of the technical assistance of the Office with regard to all the matters raised.