Informe provisional - Informe núm. 275, Noviembre 1990

1. 401. The International Confederation of Free Trade Unions (ICFTU) submitted a complaint alleging the violation of freedom of association against the Government of Haiti in a communication of 26 January 1990. On 15 February 1990 the World Confederation of Organisations of the Teaching Profession (WCOTP) forwarded to the ILO a communication dated 30 January 1990 from the National Confederation of Haitian Teachers (CNEH) containing similar allegations of violations of freedom of association during the same period. Since then, the Government has furnished no information or observations concerning this complaint, in spite of the repeated requests that it do so.
2. 402. At its May-June 1990 meeting, the Committee noted that in spite of the time elapsed since the complaint had been filed, it had received no observations from the Government; the Committee drew to the attention of the Government that, in accordance with the procedure established in paragraph 17 of its 127th Report, it would examine the substance of the case at its next meeting, even if the observations requested from the Government had still not been received.
3. 403. Haiti has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), as well as the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Allegations of the complainant organisation

1. 404. The ICFTU states that on 1 November 1989 Jean-Auguste Mesyeux, Executive Secretary of the Autonomous Central of Haitian Workers (CATH), was violently arrested by members of the Presidential Guard while preparing to engage in his trade union functions. He was accompanied by Evans Paul de la Kid (an official of the Democratic Unity Confederation) and Etienne Marineau (a member of the "17 September" People's Organisation). Brutally questioned by these members of the Presidential Guard, they were forced to confess on the spot that they were transporting arms which, according to many witnesses, had been placed in the suspects' vehicle by the members of the Guard themselves. These events took place a few days before the CATH called for a general strike.
2. 405. On 2 November 1989 the authorities presented the arrested trade unionists on television; they showed signs of ill-treatment and torture. They are currently being held in the national prison under the false charge of conspiring against the Government.
3. 406. On 6 November 1989, on the eve of a strike, the CATH headquarters were assaulted by individuals wearing military uniforms, who destroyed all furniture and office equipment.
4. 407. Nally Bauharnais, president of the Trade Union Confederation of Public Transport (CSTP), was arrested in Port-au-Prince on the night of 11-12 January 1990. His whereabouts remain unknown.
5. 408. During the night of 14-15 January 1990, the premises of the Haitian Workers' Confederation (CTH) were sacked and smeared with excrement, and the walls were covered with inscriptions such as "Avril for five years". The Confederation's leading officials received anonymous threats. At present, it seems as though the situation is deteriorating. The Government has decreed a state of siege and is availing itself of this opportunity to harass and intimidate the trade union movement with impunity.
6. 409. In a communication of 15 Feburary 1990 transmitted on behalf of the National Confederation of Haitian Teachers (CNEH), the WCOTP states that freedom of association is neither respected nor recognised in Haiti. The CNEH is directly targeted and the lives of its leaders are in danger. The home of its deputy general secretary, André L. Joseph, was broken into during his absence and he is under surveillance by unidentified individuals. Anonymous telephone calls have been received at CNEH headquarters by persons threatening the lives of confederation officials unless they cease their activities. The names most frequently mentioned during the course of these anonymous threatening phone calls are those of: André Lafontant Joseph, Lourdes Edith Joseph, Evelyne Margron Bertoni, Guy Alexandre and Guy Lochard, all officials of the CNEH.

C. The Committee's conclusions

1. 410. The Committee notes with deep regret that, in spite of the time elapsed since the complaint was filed, and in spite of repeated requests addressed to the Government that it furnish its comments and observations in this matter, the Government has failed to reply to the allegations of the complainant confederations.
2. 411. In these circumstances, and in accordance with the corresponding rule of procedure (see para. 17 of the Committee's 127th Report, approved by the Governing Body at its 184th Session (November 1971)), the Committee must submit a report on the substance of the matter, even in the absence of information which it had hoped to receive from the Government.
3. 412. First of all, the Committee reminds the Government that the purpose of the whole procedure set up in the ILO for the examination of violations of freedom of association is to promote respect for trade union rights in law and in fact. If the procedure protects governments against unreasonable accusations, governments on their side should recognise the importance for their own reputation of formulating, so as to allow objective examination, detailed replies to the allegations brought against them. (See the Committee's First Report, para. 31.)
4. 413. The Committee notes that the allegations in the present case concern: (1) the arrest and detention of three trade unionists, and the ill-treatment of the same (Messrs. Mesyeux, Evans Paul de la Kid and Marineau); (2) the assault and sacking of the premises of the CATH; (3) the arrest and disappearance of a trade union leader, Mr. Bauharnais; (4) the sacking of the premises of the CTH; (5) the intimidation and threats to the lives of CNEH officials.
5. 414. In these circumstances the Committee considers it advisable to recall that a genuinely free and independent trade union movement can only develop where fundamental human rights are fully respected and guaranteed. As stated in the resolution concerning trade union rights and their relation to civil liberties, adopted by the International Labour Conference in 1970, the absence of civil liberties removes all meaning from the concept of trade union rights, and the rights conferred upon workers' and employers' organisations must be based on respect for those civil liberties. (See Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, paras. 68 and 72.)
6. 415. As regards the allegations, which the Government has not refuted, according to which three trade union leaders were arrested and subjected to torture and ill-treatment while they were preparing to exercise their trade union functions, and are detained under the false accusation of conspiring against the Government, the Committee recalls that the arrest and detention of trade unionists and trade union leaders in the exercise of their activities or trade union rights constitutes a violation of the principles of freedom of association, and that such actions may create a climate of fear and intimidation which hampers the normal development of such activities.
7. 416. While workers and their trade unions must, in accordance with Article 8 of Convention No. 87, respect the law of the land like other persons or organised collectivities (provided that the law of the land does not impair the guarantees provided for in the Convention) they must also benefit, as any other person, from proper legal procedures which conform with the principles contained in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. In particular, this means that they have the right: to be informed, at the time of arrest, of the reasons for the same; to be informed as soon as possible of the accusations brought against them; to be brought promptly before a competent judge; to be placed in preventive custody for the shortest possible period in order to facilitate a judicial inquiry; to have the time and facilities necessary for the preparation of their defence; to communicate without hindrance with the legal counsel of their choice and to be promptly judged by an impartial and independent judicial authority. These guarantees of proper judicial procedures should not only be expressed in legislation, but also, and especially, be applied in practice.
8. 417. Moreover, the Committee has often pointed out that governments should give the necessary instructions to ensure that no detainee is subject to ill-treatment, and that any person deprived of his liberty must be treated with humanity and with respect for the inherent dignity of the human person. When there is evidence of such ill-treatment in spite of these instructions, governments should carry out inquiries to identify the parties responsible for the same and impose effective and sufficiently dissuasive sanctions to prevent their recurrence, and take such measures as may be necessary to compensate the damages suffered by the victims. (See Digest, paras. 83-86.)
9. 418. As regards the acts of intimidation and the threats made against the officials of the CNEH, the break-in into the home of its deputy general secretary and the surveillance to which he has been subjected, the anonymous threats to the lives of CTH officials, the assault and sacking of CATH premises by individuals wearing military uniforms, as well as the sacking of the CTH headquarters, the Committee notes that these are serious acts which reveal a general climate of violence and intimidation which is far from conducive to the normal exercise of trade union rights, and which call for energetic measures by the Government. In situations of this kind an independent judicial inquiry constitutes an appropriate means for clarifying the facts, identifying responsible parties, punishing the guilty parties and preventing the recurrence of such actions.
10. 419. Such a judicial inquiry is particularly called for in the event of the death or disappearance of an individual, as in the case of Mr. Bauharnais, whose whereabouts are still unknown since his arrest on 12 January 1990.