Informe en el que el Comité pide que se le mantenga informado de la evolución de la situación - Informe núm. 300, Noviembre 1995

Caso núm. 1711 (Haití) - Fecha de presentación de la queja:: 24-MAR-93 - Cerrado

Allegations: Violent deaths, arrest and dismissal of trade unionists, violations of freedom of opinion, assembly and demonstration

• Allegations: Violent deaths, arrest and dismissal of trade unionists, violations of freedom of opinion, assembly and demonstration
  156. 156 The International Confederation of Free Trade Unions (ICFTU), the World Confederation of Labour (WCL) and the General Independent Organization of Haitian Workers (OGITH) presented complaints of violations of freedom of association against the Government of Haiti on 10 November 1992, 24 March and 29 April 1993, respectively. The Latin American Central of Workers (CLAT) supported the WCL's complaint in a letter of 25 March 1993. In communications of 29 April 1993, 25 May and 10 August 1994, the ICFTU, OGITH and CLAT presented new allegations.
  157. 157 The Committee faced a specific procedural problem in these cases, since the allegations against the military authorities who then exercised actual control in Haiti could only be transmitted to the Haitian Government recognized by the international community, even though the latter could not be held responsible for the acts which are the subject of the complaints.
  158. 158 After the present Government had returned to the national territory, the Committee had requested it, at its November 1994 meeting, to provide its observations and information on the evolution of the situation with respect to the facts alleged in the complaints (see 295th Report of the Committee).
  159. 159 Since then, the Government has not sent its observations and the Committee, at its June 1995 meeting (see 299th Report, para. 8), addressed an urgent appeal to the Government in which it drew the Government's attention to the fact that, in accordance with its procedure (see Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 62), it could present a report on the substance of these cases, even if the observations or information requested from the Government had not been received in due time. As a result, the Committee wishes to examine these cases at this meeting in order to determine the freedom of association principles that are at stake here.
  160. 160 Haiti has ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98)

A. The complainants' allegations

1. 161. In Case No. 1682, the initial complaint of the ICFTU of 10 November 1992 concerned violations of human rights and trade union rights resulting from the military coup d'état of September 1991 which overthrew the democratically elected Government of Haiti. According to the ICFTU, hundreds of people, including many trade unionists, were murdered or disappeared following the coup d'état. Many other trade union leaders and activists saved their lives by fleeing the country or by going into hiding. Trade union offices were ransacked and closed. The few trade union offices which stayed open were only able to do so because they remained extremely discreet. All the same, normal trade union activity was impossible, and it was necessary for personal reasons to recall the representative of the ICFTU in Haiti.
2. 162. The list of specific cases provided by the ICFTU is, according to this organization, in no way exhaustive in light of the fact that obtaining information and testimony in Haiti was extremely difficult because of the risk of jeopardizing the safety of the people concerned. These examples none the less demonstrate the brutal and merciless repression carried out against the democratic trade union movement by the illegitimate Government and the military authorities in Haiti:
   • - On 20 October 1991, Joseph Manucy Pierre, the information secretary of the Autonomous Confederation of Haitian Workers (CATH), was arrested in the Confederation's premises by army officers. Following a quick international reaction, the army released him and withdrew the charges against him. To protect his life, Mr. Manucy went into hiding.
   • - The General Independent Organization of Haitian Workers (OGITH) closed its offices on 30 September 1991 and reopened them only recently for limited activities. Following an interview given by Mr. Schiller Marcelin, the General Secretary of the OGITH, to an American radio station in November 1991, army officers warned the leaders of the OGITH that Mr. Marcelin's remarks were "stupid and dangerous". Mr. Marcelin decided to remain in the United States. Mr. André François, the Treasurer of the OGITH, also took refuge in the United States after he was threatened by the military.
   • - Teachers affiliated with the National Confederation of Haitian Teachers (CNEH) have been harassed and intimidated by the military. Many have been transferred to other schools, and the homes of some others have been burned in arson attacks. The trade union leaders of the CNEH have gone into hiding and the Confederation's headquarters have been closed.
   • - On 5 November 1991 soldiers tried to abduct Daniel Lubin, one of the trade union leaders of the CNEH, who was outside the headquarters. He was able to flee.
   • - On 2 January 1992, Jean-Claude Museau, a member of the CNEH and a teacher in Les Cayes, was abducted by army officers when they discovered that he had in his possession literature in favour of President Aristide. They tortured him, forcing him to swallow the documents in question. Mr. Museau died on 6 January 1992 as a consequence of this torture.
   • - On 20 March 1992, Parnel Boyer, a member of the CNEH, narrowly escaped from his house, which was burned down in an arson attack. Witnesses said that members of the army set the fire.
   • - On 13 March, a demonstration organized by the FENEH (students' federation) at the Education Faculty (State University) was violently dispersed by the army. Messrs. Bernard Canatus and Edrice St. Amand, teachers who supported the FENEH action, were wounded.
   • - On 20 May, a number of students who were members of the FENEH gathered at the Faculty of Human Sciences (a department of the State University) to express their grievances. Several military squads broke into the campus, fired shots and seriously injured some of the demonstrators. Many students were arrested. During the incident, some soldiers searched for Mr. Camille Chalmers in the buildings of the university. Mr. Chalmers is known as an adviser to the Trade Union of Electricity Workers and was accused of being the instigator of the students' gathering. He was badly beaten in front of witnesses and subsequently arrested. After three hours of interrogation, he was released. He suffered head injuries.
   • - On 25 May, Patrick Morisseau, a teacher and trade unionist, was arrested by the police in Port-au-Prince. The same night, his mother, Mrs. Claire Eduard, was murdered. Her sister Suzette, as well as the Secretary of the women's branch of the OGITH, Marie Carline Philisias, were threatened and harassed.
   • - In a radio programme on the night of 27 May, the government radio station divulged the names of five teachers. The government employees working at this radio station accused them of being the main instigators of demonstrations organized by students at public schools and of supporting the political opposition. These accusations were a serious and deliberate threat for the people concerned, who have since gone into hiding. Because of this threat, Jean Raynold Pierre, Robert Beausil, Wilfrid Menthor, Daniel Fignole, Saint Amour Firmin and Mrs. Henri fear for their lives.
   • - In a memorandum published in July 1992 in the newspaper Le Matin, the National Confederation of Haitian Teachers (CNEH) condemned acts of violence committed at universities, and in particular the violent incidents which took place at the Faculty of Medicine, during which some students were taken hostage and a number were beaten. Mr. Blaise, a young member of the Executive Committee of the National Federation of Students (FENEH), was seriously injured. According to the CNEH, the repression had never been so serious.
   • - The military government reportedly set up a new "union" of workers under the name of ASTRE at Teleco, the telephone company, to replace the legitimate trade union already existing there. Trade union leaders and trade unionists of the democratic trade union SOETEL were dismissed.
   • - The military government also forcibly replaced the trade union leaders of the journalists' union, AJH. The union was dismantled through acts of harassment and intimidation committed against its leaders, and the new pro-military leaders condemned the legitimate leaders in speeches made on the radio.
   • - The Trade Union of Electricity Workers (FESTREDH) was particularly singled out by the army. Its members were harassed, threatened and dismissed. One of its members was murdered. Jean Delince Josma, a member of the FESTREDH, was reportedly murdered by the army in October. Shortly after the coup d'état of September, the army broke into buildings of the National Electric Company, threatening and harassing members of the FESTREDH. The director of the company, who had just been named, refused to follow the army's orders to dismiss the trade union leaders, and was dismissed himself. Subsequently, 23 members of the FESTREDH were dismissed in mid-December 1991. On 14 December 1991, two trade union leaders of the FESTREDH, Abel Pointdujour and Evans Saintune, were arrested when they tried to negotiate compensation for the company's workers who had been dismissed after the coup d'état. They were only released three days later, after having been interrogated about their supposed political links and been advised that they should, in the interest of their own safety, leave the country. During these three days, their homes were also searched. Two months later, they were able to take refuge in Canada, where they requested political asylum. The General Secretary went into hiding after having discovered that his name was on a list of trade union leaders and leaders of grass-roots organizations sought by the army. A jeep belonging to the trade union and used by trade union leaders to maintain contact with their members in the countryside was destroyed by the army.
   • - In January, two other leaders of the FESTREDH were arrested and harassed by the army. Delamain Ambroise and Raynald Garnier were abducted by unidentified policemen and beaten during their detention. They were subsequently released and dismissed from their jobs. On 1 April 1992, several members of the executive and two trade union representatives, Patrice Cantave and Jonas Desinor, were severely beaten by the army. From the month of September on, all the members of the executive and the FESTREDH were dismissed because of their trade union activities.
   • - Farmers' trade unions have also been subjected to intimidation and harassment from the military. On 5 May 1992, Jacques Joseph, the President of the CLAM, a farmers' trade union affiliated with the OGITH, and his wife were arrested and severely beaten. They were accused of leading a demonstration calling for the return of President Aristide. They were later released.
   • - At the beginning of May, Daniel Pierre, the President of the UDTL, a trade union of farmers in Boukan Michel which is affiliated with the OGITH, was detained by the section chief, Yvon Verdieu. Mr. Pierre was threatened and prohibited until further notice from holding trade union meetings in the absence of the section chief.
   • - On 5 May, Thermilien Pierre, a member of an agricultural workers' organization affiliated with the OGITH, was arrested and beaten for having shouted: "Yes to the embargo!"
   • - The Association of Agricultural Workers of Artibonite, which is affiliated with the Federation of Haitian Workers (FTH), was warned that it was no longer authorized, until further notice was given by the police, to hold trade union meetings. The trade union leaders did not meet any more, as they feared for their safety.
   • - The harassment of trade unions spread to a number of enterprises under the protection of the army in the private sector. On 11 and 12 May, 15 trade union leaders were dismissed from "Home of Champions", a US enterprise which produces baseballs and which is located in Cité Soleil. One month later, four other trade union leaders were also dismissed by the enterprise. When the director of the enterprise called the trade union leaders into his office to inform them of their dismissal, he stated that "this is not the right time to be a trade unionist".
   • - The trade union leaders employed by three other US enterprises were also dismissed. They too reported anti-trade union statements made by management. Nine trade unionists were dismissed from the "Michico" enterprise which produces textile products, and eight from the "Chancerelles Manufacturing" enterprise which produces women's lingerie.
   • - The management of the US "Automatic Accusonic" enterprise had a different but just as effective approach to destroying the enterprise's trade union. The factory was temporarily closed, and when it reopened it was declared a "union-free" company. None of the trade union leaders or trade unionists were re-employed. When the President of the trade union asked for them to be reinstated, he was severely beaten and his arm was broken.
3. 163. The ICFTU later sent supplementary information, which was obtained during a mission to Haiti from 26 to 29 January 1993, reporting that the trade unionist Cajuste Lexinste, the General Secretary of the General Confederation of Workers, Phabonord Saint Vil, the secretary of the organization, and Sauveur Orélus, the CGT's General Secretary in Gros Morne, were arrested on 23 April 1993 and transferred to the main anti-gang squad, where they were tortured because they wanted to distribute a press release to protest against the arrest of several members of the CGT in Gros Morne.
4. 164. Furthermore, according to the ICFTU, on 15 February 1993 more than 21 workers of the Metropolitan Clean Water Treatment Plant (CAMEP) were dismissed for having taken union training courses organized by the Trade Union of Workers, Employees and Temporary Workers of the Metropolitan Clean Water Treatment Plant (SOETRATEC). On 15 November 1991 the members of the executive of this trade union had already been dismissed. Finally, on 17 March 1993, Joseph Michelet, a member of the trade union of workers of Larco Frères SA, a union affiliated with the OGITH, was arrested, subjected to intensive interrogation on the Haitian crisis, and then released.
5. 165. The complaint of the WCL in Case No. 1711, dated 24 March 1993, addresses the fact that the Confederation of Haitian Workers (CTH), an organization affiliated with the WCL, has been the subject for many months of all sorts of administrative harassment. Its occupational organizations, and particularly the National Federation of Agricultural Workers and Haitian Farmers (FENATAPA), the Federation of Craftsmen and Professional Workers, the National Federation of Industrial Workers and Subcontractors (FENATIS), and the Association of Newspaper Workers (ATPGA), are regularly hindered from exercising their trade union activities. Many of their members have been arrested or tortured, or have disappeared. Namely, there have been the following cases:
   • - On 23 October 1992, Pierre André Mertyl was tortured. There has still been no response to the complaint filed by the lawyers of the CTH (Confederation of Haitian Workers).
   • - On 20 December 1992, Webert Mars, a worker at the FENATAPA pig farm in Jérémie, was tortured for no reason by Joseph Jean-François, a corporal in the army, and by Kesnel Guerrier.
   • - On 6 January 1993, Baselet Derival, a member of the Federation of Craftsmen and Professional Workers, was arrested, imprisoned and tortured. He was held at the Faustin Soulouque barracks in Petit-Goave.
   • - Pierre Trechelet, the brother of a member of the Executive Committee of the CTH, has been reported missing.
   • - On 18 January 1993, Raynold Belizaire, a member of the FENATIS, was shot twice while he was in his private home.
   • - On 22 January 1993, Estimable Jean-Emile, a correspondent of Radio Cacique and a member of the Democratic Youth Movement (affiliated with the Young Farmers' Association of Pélagie-AJPL, which is an association under the FENATAPA) was arrested, imprisoned and tortured by Mr. Gélès, the head of the third section of Marchand Dessalines.
6. 166. The WCL goes on to explain that the possibility of holding trade union meetings without prior authorization, which is a fundamental right of workers and their organizations, was being flouted in Haiti. Indeed, on 24 January 1993, the head of the fifth communal section of St. Marc (Tibordet - Antibonite region), prohibited a FENATAPA meeting which was to be chaired by Arsène Lebrun, the General Secretary of the Organization. The request for authorization was rejected by the authorities.
7. 167. Furthermore, according to the WCL, freedom of opinion and the right to information and to training, which are rights recognized as part of the free exercise of trade union rights, are also violated in Haiti. On 26 January 1993, Jean Elder Almeus, a member of the ATPGA (Newspaper Workers' Association of Grand'Anse), was arrested while he participated in the "Truth on the Drum" programme broadcast by Radio Vision.
8. 168. Finally, on 3 December 1992, during the arrest of three active members of the National Federation of Agricultural Workers and Haitian Farmers (FENATAPA) (they have since been released), audiovisual material including inter alia equipment and documents used for training of the rural population was confiscated by second-lieutenant Jean-Baptiste Ravix.
9. 169. The complaint of the commission of the General Independent Organization of Haitian Workers (OGITH) sent in communications dated 29 April 1993 and 25 May 1994 (Case No. 1716), confirms the illegal dismissal, under the pretext of lack of funds, of 21 workers personally identified by the director of the Metropolitan Clean Water Treatment Plant (CAMEP) on 15 February 1993 as sympathizers of the SOETRATEC. This national trade union organization also reiterates the information according to which these dismissals followed the dismissal of 22 members of the SOETRATEC singled out by name, including the members of the trade unions' executive, as early as 13 November 1991, under the pretext that the Metropolitan Clean Water Treatment Plant (CANEP) did not have any more money to pay them. The complainant organization explains that under President Aristide, the SOETRATEC held regular trade union meetings to deal with workers' problems and union affairs, and the members of this union had taken trade union training courses. The complainant organization points out that on 31 March 1993 the SOETRATEC sent a letter to the director of the labour service of the Ministry of Social Affairs, but that nothing was done in response to this letter.
10. 170. CLAT, for its part, denounces the grenade attack in Jérémie on 29 June 1994 of which Serge Paul, an important leader of the Confederation of Haitian Workers (CTH), was reportedly a victim. This attack reportedly led to the death of his two children and seriously injured a third child. CLAT adds that this union leader and six of his collaborators were reportedly arrested while organizing a seminar in Jérémie. Furthermore, the Deputy Secretary-General of the CTH, Louis Octave Dorvilier, was reportedly held by four armed individuals; he was abducted into a van blindfolded, kicked, tortured and then abandoned. The General-Secretary himself, Jean-Claude Lebrun, was reportedly threatened. Finally, three members of an organization in Marceline (Cap Perin South), Gerthin Augustin, Gabriel Louine and Romain Castra were abducted into a van, license number 8513, on a road in Pétion Villi; their whereabouts are as yet unknown.

B. The Committee's conclusions

1. 171. The Committee observes that these cases concern extremely serious allegations of violations of freedom of association by the military authorities who were exercising actual control in Haiti. Even in the absence of a reply on the substance of the case from the present democratic Government, which cannot be held responsible for these acts, the Committee has to determine which principles of freedom of association are at stake in these affairs so as to make it possible for the Government which has been restored to its prerogatives and functions in Haiti to redress these violations. Considering the scope of the issues involved, the Committee reminds the Government that the technical assistance of the ILO is at its disposal.
2. 172. The Committee notes that the violations of freedom of association in these cases related to the total absence of public democratic freedoms, characterized by measures of intimidation and anti-union harassment which had prompted trade unionists to go into exile and had involved murders, arrests, torture, abductions, dismissals, transfers of trade unionists, arson attacks against their places of work or residence, brutal repression of demonstrations or trade union meetings, the establishment of new trade unions by the military authorities and serious violations of trade unionists' rights to freedom of opinion, information and training.
3. 173. The Committee recalls that a genuinely free and independent trade union movement can only develop in a climate that is free from violence, pressure or threats of any kind against trade unionists and with respect for basic human rights (see Digest of decisions and principles of the Committee on Freedom of Association, 3rd edition, 1985, paras. 68 and 70). The Committee expresses the fervent hope that the Government will ensure respect of these principles.
4. 174. The Committee notes with deep concern the allegations according to which the trade unionist of the Trade Union of Electricity Workers (FESTREDH), Jean Delince Josma, was reportedly murdered by members of the army in October 1991, the trade unionist of the National Confederation of Haitian Teachers, Jean-Claude Museau, was reportedly abducted by members of the army and tortured to death on 6 January 1992, the trade unionist, Camille Chalmers, of the Trade Union of Electricity Workers, was beaten, arrested and interrogated for three hours, the trade unionists of the same union, Ambroise Delamain, Raynald Garnier, Patrice Cantave and Jonas Desinor, were reportedly abducted by unidentified policemen and beaten during their detention, the trade unionist of the agricultural union affiliated with the OGITH, Jacques Joseph, and his wife, as well as Thermilien Pierre, were reportedly arrested and severely beaten, the trade unionists of the General Confederation of Workers, Cajuste Lexinste, Phabonord Saint Vil and Sauveur Orelus, were reportedly arrested on 23 April 1993 and tortured at the anti-gang squad, and the trade unionists, Pierre André Mertyl, of the Confederation of Haitian Workers, Webert Mars, a worker at the FENATAPA pig farm, Baselet Derival, of the Federation of Craftsmen and Professional Workers and Estimable Jean Emile of the Young Farmers' Association, were reportedly arrested and tortured respectively on 23 October 1992, 20 December 1992, 6 January 1993 and 22 January 1993. The trade unionist Serge Paul was reportedly the victim of a grenade attack on 29 June 1994, the union leader Louis Octave Dorvilier was reportedly held, tortured and then abandoned and the trade union activists Gerthin Augustin, Gabriel Louine and Romain Castra have reportedly been abducted, their whereabouts as yet unknown.
5. 175. The Committee has indicated on numerous occasions that situations involving murder and other acts of violence, where trade unionists are involved, are sufficiently serious to warrant severe measures being taken by the authorities to restore a normal situation and that allegations by trade unionists of ill-treatment during their detention should be the subject of independent judicial inquiries to establish fully the facts, determine who is responsible, punish the guilty parties and prevent a repetition of such acts. Indeed, instructions should be given so that no detainee is subjected to ill-treatment and effective sanctions should be applied where cases of ill-treatment are found. (See Digest, op. cit., paras. 80 and 84.) The Committee thus expresses the firm hope that the Government will take measures to punish effectively those responsible for these murders and this ill-treatment, and requests that it keep it informed of the outcome of the inquiries and measures taken in this respect.
6. 176. As regards the climate of intimidation which has led a large number of activists and trade union leaders to go into exile, the Committee recalls that the forced exile of trade unionists is a serious violation of freedom of association. It urges the Government to enable these unionists to return to the country and to carry out their trade union activities in full freedom.
7. 177. As regards the establishment by the military authorities of organizations to replace the existing legitimate trade unions, the Committee condemns such acts, which seriously violate the right of workers to establish and join organizations of their own choosing, and it recalls that the public authorities must abstain from any intervention which would limit the rights granted by Convention No. 87, which Haiti has ratified, or which would hinder the legal exercise of those rights.
8. 178. The Committee further recalls that the right to organize trade union meetings and to take trade union training courses is an essential element of freedom of association.
9. 179. Finally, the Committee notes the important number of dismissals of activists for trade union activities which took place in many enterprises: the Metropolitan Clean Water Treatment Plant (CAMEP) (because these workers were members or sympathizers of the Trade Union of Workers, Employees and Temporary Workers of the Metropolitan Clean Water Treatment Plant (SOETRATEC), were exercising legitimate trade union activities, were taking trade union training courses, or were members of the executive board of this union); the National Electric Company; the Teleco Telephone Company; the "Home of Champions" Company; the Michico Company; the "Chanarelles" Manufacturing Company. In this respect, the Committee must insist on the need to ensure respect of the principle according to which workers must benefit from adequate protection against acts of discrimination which may violate freedom of association. The Committee requests the Government to take the necessary measures to enable all the workers dismissed for legitimate trade union activities to be reinstated in their jobs.

The Committee's recommendations

1. 180. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee, in condemning the serious violations of freedom of association by the military authorities which were exercising control in Haiti, including murders, arrests, torture, abductions and the dismissal of trade unionists, as well as the establishment of organizations by the military authorities to replace the existing legitimate trade unions, and violations of trade unionists' freedom to hold meetings, to demonstrate and to carry out information and training activities, trusts that the present Government of Haiti, will ensure respect for the principles of freedom of association which have been violated, and that it will take the measures necessary to remedy the consequences of the acts which are the subjects of the complaints.
   • (b) Considering the scope of the issues involved, the Committee reminds the Government that the technical assistance of the ILO is at its disposal.
   • (c) The Committee requests the Government to keep it informed of the outcome of any inquiries concerning the violent deaths, arrests and torture of trade unionists, and in particular the measures taken to apply effective sanctions in the event these allegations are proven.
   • (d) The Committee further requests the Government to keep it informed of the measures it will take to enable the reinstatement in their posts of all the workers dismissed for their legitimate trade union activities and to ensure for workers the right to establish and join organizations of their own choosing without interference from the public authorities.