Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Comments by trade union organizations. The Committee notes the comments of the International Trade Union Confederation (ITUC) which refer to matters already examined by the Committee, as well as the Government’s observations thereon.

Trade union rights and civil liberties. The Committee recalls that in its previous comments it requested the Government to provide copies of the court rulings related to the convictions of workers belonging to the Independent National Confederation of Workers of Cuba (CONIC), the persecution and threats of imprisonment against delegates of the Light Industry Workers’ Union (SITIL) and the confiscation of equipment and humanitarian aid sent from abroad to the Single Council of Cuban Workers (CUTC). The Committee notes that the Government repeats in its report that none of the alleged trade unionists referred to were tried or convicted for the exercise or defence of trade union rights, that they were all found guilty of offences directly related to undermining the sovereignty of the State and other crimes clearly established by law, and that the Government is not therefore under the obligation to provide copies of those rulings. Recalling that these matters have been examined by the Committee on Freedom of Association (Case No. 2258), and referring once again to the conclusions reached in that context, the Committee deeply regrets that the Government has not provided copies of the requested court rulings, which are necessary to be able to examine from a position of full knowledge the application of the Convention in practice in relation to these serious allegations of violations of trade union rights.

Legislative matters. The Committee notes the Government’s indication that the preliminary draft text of the new Labour Code referred to in previous reports will be discussed in the coming months by the workers, who will be able to propose the changes that they consider pertinent, and that, in this context, the issues raised by the Committee are under examination. The Committee expresses the hope that the process of the revision of the Labour Code will be completed in the near future and that account will be taken of the comments below, which the Committee has been making for a number of years.

Articles 2, 5 and 6 of the Convention. Trade union monopoly. While welcoming the Government’s indication of the repeal of section 61 of Legislative Decree No. 67 of 1983, which conferred upon the Confederation of Workers of Cuba (CTC) the monopoly to represent the workers of the country on Government bodies, the Committee recalls that for many years it has been commenting on the need to remove the reference to the CTC from sections 15 and 16 of the Labour Code of 1985. The Committee notes that the Government reaffirms that the existence of a single trade union confederation was not imposed by the Government and is a result of no provision except the sovereign will expressed by Cuban workers, and that the draft new Labour Code does not expressly refer to the CTC. While noting this information, the Committee recalls once again that trade union pluralism must remain possible in all cases and that if national legislation refers by name solely to a specific trade union confederation, that legislation might result in the institutionalization of a de facto monopoly; even in a situation where at some point all workers have preferred to unify the trade union movement, they should still remain free to establish, if they so wish, trade unions outside the established structure and to join the organization of their own choosing. Under these circumstances, the Committee once again requests the Government to take measures to amend the sections of the Labour Code referred to above and to provide information in its next report on any measures adopted in this respect.

Article 3. Right of organizations to organize their activities and formulate their programmes. The Committee recalls that it has been referring for years to the absence of explicit recognition of the right to strike in the legislation and the prohibition of its exercise in practice, and on the consequent need, in order to safeguard the legal security of workers, to explicitly recognize the right to strike in law. The Committee notes the Government’s reiteration that there is no provision in law which prohibits the right to strike, nor does criminal law establish any penalties for the exercise of such rights, and that any decisions on this matter are the prerogative of trade union organizations. The Committee trusts that within the context of the reform process of the Labour Code announced by the Government, explicit recognition will be given to the right to strike.