Report in which the committee requests to be kept informed of development - Report No 342, June 2006

Case No 2321 (Haiti) - Complaint date: 28-JAN-04 - Closed

Allegations: The complainant organizations allege that a search was carried out at the headquarters of a trade union confederation without a judicial warrant; that trade union members were arbitrarily detained and ill-treated and that threats were made against trade union leaders and members

584. The Committee examined the substance of this case at its March 2005 session [see 336th Report, paras. 479-497] in the absence of observations from the Government, despite the fact that it was the subject of an urgent request at the Committee’s November 2004 session.

1. 585. At its March 2006 session, the Committee again made an urgent request to the Government, drawing its attention to the fact that, in accordance with the procedure established in paragraph 17 of its 127th Report, approved by the Governing Body, the Committee could submit a report on the substance of the matter, even if the Government’s information or observations had not been received in time.
2. 586. The Government has not transmitted any information in the meantime.
3. 587. Haiti has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 588. Upon last examining the case, the Committee made the following recommendations:
   • (a) The Committee deplores that, despite the time which has elapsed since the presentation of the complaint, the Government has not replied to the allegations made by the complainant organizations.
   • (b) The Committee requests the Government to take the necessary steps to ensure that, in the future, searches carried out on trade union premises do not take place without the provision of an appropriate judicial warrant, and that they are restricted to the purposes which are the reason for the provision of the warrant.
   • (c) The Committee requests the Government to take all necessary measures to ensure that, in future, no trade unionists are arrested or detained without benefiting from normal judicial proceedings and having the right to due process, and in particular, the right to be informed of the charges brought against them, to communicate freely with counsel of their own choosing, and to a prompt trial by an impartial and independent judicial authority.
   • (d) The Committee requests the Government to specify the measures it intends to take to identify and punish those responsible for the ill-treatment which, according to the allegations of the ICFTU, has been inflicted on several trade unionists during their detention by the police force.
   • (e) The Committee requests the Government to indicate the measures it intends to take to ensure that leaders and members of workers’ organizations are able to carry out their activities freely, without facing violence, pressure or threats of any kind.

B. The Committee’s conclusions

1. 589. The Committee must again deplore the fact that, despite the time that has elapsed since the presentation of the complaint (January 2004) and given the decision handed down by the Committee in March 2005, the Government has never responded to the allegations made by the complainant organization, although it has been urged to send its observations on several occasions. In particular, the Committee addressed another urgent appeal to the Government during its March 2006 session. This being the case, and in accordance with the procedure established in paragraph 17 of its 127th Report, approved by the Governing Body, the Committee stated that at its next session it would submit a report on the substance of the matter, even if it had still not received the Government’s information or observations.
2. 590. The Committee again reminds the Government that the purpose of the whole procedure established by the International Labour Organization regarding the examination of allegations concerning violations of freedom of association is to ensure the respect of the freedom of association of employers and workers, in law and in fact. The Committee is confident that, if this procedure protects governments against unreasonable accusations, governments on their side will recognize the importance for the protection of their own good name of formulating for objective examination detailed factual replies to such detailed factual charges as may be put forward [see First Report, para. 31].
3. 591. The Committee again emphasizes that, in the present case, the allegations made by the complainant organizations concern several serious violations of the fundamental principles of freedom of association laid down in Conventions Nos. 87 and 98: the search without a warrant of CSH premises; the arbitrary arrest and detention of several trade unionists, without bringing them before a judge or charging them with any offence; trade unionist victims of ill-treatment, including physical violence; constant threats and intimidation from certain violent groups against many trade unionists, leading some of them to go into hiding.
4. 592. Recalling its conclusions in this regard, and taking account of the complete absence of cooperation on the part of the Government, the Committee can only reiterate its previous recommendations, which it urges the Government to implement fully and promptly and to keep it informed of the progress made in this respect. In these circumstances, given the seriousness of the allegations, the Committee invites the Government to accept a direct contacts mission, in order to obtain as much information as possible regarding the case and to improve government cooperation regarding the Committee’s procedures.

The Committee's recommendations

1. 593. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee must again deplore the fact that, despite the time that has elapsed since the presentation of the complaint (January 2004) and since the last examination on the merits (March 2005), the Government has not responded to the allegations made by the complainant organization.
   • (b) The Committee requests the Government to take the necessary steps to ensure that, in the future, searches carried out on trade union premises do not take place without an appropriate judicial warrant, and that they are restricted to the purposes motivating the issuance of the warrant.
   • (c) The Committee requests the Government to take all necessary measures to ensure that, in future, no trade unionists are arrested or detained without benefiting from normal judicial proceedings and having the right to due process, and in particular, the right to be informed of the charges brought against them, to communicate freely with counsel of their own choosing and to a prompt trial by an impartial and independent judicial authority.
   • (d) The Committee requests the Government to specify the measures it intends to take to identify and punish those responsible for the ill-treatment which, according to the allegations of the ICFTU, has been inflicted on several trade unionists during their detention by the police force.
   • (e) The Committee requests the Government to indicate the measures it intends to take to ensure that leaders and members of workers’ organizations are able to carry out their activities freely, without facing violence, pressure or threats of any kind.
   • (f) Given the seriousness of the allegations and the complete absence of cooperation on the part of the Government, the Committee invites the Government to accept a direct contacts mission, in order to obtain as much information as possible regarding the case and to improve government cooperation regarding the Committee’s procedures.
   • (g) The Committee urges the Government to implement fully and promptly all the above recommendations and keep it informed of the progress made in this respect.