June,
2001
Report of
violations of the ILO's International Labor Standars by the government
of Cuba (Cont.)
Chapter I
Labor Rights in
Cuba & Violations of ILO's 87th Convention
The Right to
Organize
After a close and
detailed analysis of the Conventions and Standards adopted by the ILO
and the Cuban government's evasive and self justifying attitude. Cuba's
"Work Code" as promulgated in law #49 adopted December 28, 1984 and
still currently active today attests to the government's exclusive and
arbitrary attitude in affirming "the CTC and its 20 national
unions are the genuine representatives of the Cuban workers".
The 18th Congress
of the CTC "Central de Trabajadores de Cuba" came to a closure this
past April in Havana without any forward strides or glory. As has
become habit over the past 40 years, the maximum union event of the
Cuban workers was celebrated under the control of the government and
the Cuban government.
There is a curiously
overwhelming amount of data, which serves to reaffirm the aforementioned
observation. Three hours prior to the 2001 Congress, 14 ministers,
members of the government, the Cuban government, Cuban Communist Party
and the top leaders of the CTC covered a wide agenda which according to
the 4official government press, "Consisted of the primary concerns
most addressed at the municipal conference level over the well being of
the Cuban worker and its family."
The meeting was
presided over by members of the Polit Buro, Cuba's Communist Party and
the CTC. According to the official newspaper "Trabajadores"
the exchange "served to enrich the analysis over the concerns
expressed during the preceding year's process leading up to the XVIII
CTC Congress. Among the addressed and related topics of discussion
were, employment, security and health at the workplace, wages and the
most integral attention of its affiliates,'
Aleida Godinez Soler,
Secretary of CONIC believes that "these exchanges and the XVIII
Congress itself use the economic and social problems of the country as
addressed in the Economic Resolution of the Cuban Communist Party's V
Congress as a bases for their discussions. These events are all purely
politically founded and will do nothing to change the critical
situation of the Cuban worker."
"The official
unions, far from defending the rights of the workers, constitute a
repressive government instrument, which impedes the fruition and
realization of workers just aspirations to earn a decent living by
means of their work. The officials of the CTC and its subsidiary
unions are political arms of the Central Committee, they are employed
by the government and will never raise their voice against the "Party"
that hired and promoted them. In their reports they state that the
independent unions are at the service of the U.S. and Miami's mafia;
in reality the real sell out of the Cuban worker has come at the
hands of the officials of the CTC and its unions."
The XVIII CTC Congress
didn't make any significant changes and once again defined in its
statutes the following.
"The CTC and its
Unions are organizations of the masses. Due to their character they
are not organizations of the "Party" or the "State"
."
"The CTC and its
Unions openly and consciously recognizes the authority of the Communist
Party as the vanguards and ultimate organization of the working
class, accepting and adhering to its policies."
The CTC and its Unions
promote love towards the socialist nation, a revolutionary vigilance,
and participation in the national defense.
The CTC groups together
all Cuban workers, men and women without distinction of profession,
specialty or religion, which voluntarily join and accept its statutes.
It is significant
that the Cuban State continues prohibiting the creation of independent
unions. Not only does it violate its international obligations, but its
own principles as well, as consecrated in the Constitution of the Republic
and the Code of Employment, both of which establish the right of assembly
and of association of workers. They declare that social organizations
"enjoy the widest interpretation of freedom of speech and opinion
based on the unrestricted right of initiative and criticism." Of
course these rights can't be exercised "against the existences and
goals of the Socialist State, nor against the Cuban people's will to
construct socialism and communism.
The government's
usual play on words elaborated on in its legislation and official documents,
further affirms that in Cuba there can be no freedom of assembly or
independent unions as these organizations would evidently not be
subjugated to the State nor directed by the Communist Party.
After three days
of sessions, one dedicated to working in ten different committees and
two of open sessions the workers congress ended without offering or even
addressing the gravest of issues facing the Cuban society today. The issues
of housing, the soaring rate of unemployment (especially in the Oriente
provinces), State mediated employment with foreign companies and the dual
monetary system, were never discussed. Hyper-inflation, low salaries and
the high cost of living needs not provided for in the ration cards were
also not worthy of consideration by those integrating and participating
in the congress. The structural deformities of the Cuban economy and the
lack of independent collective entities to protect workers promotes
occupational hazards and discrimination and of course preempts any
strikes and/or other forms of peaceful protest.
The following is
a compilation of 10 years worth of the Cuban government's violations of
its own "Work Code" and of conclusions and violations found by the
Commission of Experts and the Committee for the Freedom of Unions "which
it considers is an open contradiction with the 87th Convention and the
Freedom to Organize. The cases directly cited by the Commission of
Experts in the Application of Conventions and Recommendations were:
1999
CEACR: Individual
observations concerning Cuba and the 1948 Convention #87, Union Rights
and Protecting the Right to Organize. Cuba ratified this Convention in
1952: published in 1999
The Commission can't
help but make note that the Committee on the Freedom of Unions has
examined complaints regarding the government's lack of recognizing
other independent labor organizations and the all be it temporary
detention of its leaders (case #1628 11/92 & 1805 11/97). The
Commission insists that all express references to the "Central de
Trabajadores de Cuba" be suppressed from its labor legislation
It is to be expected
that by the time of the 89th OIT convention scheduled for June 2001, the
Cuban government governs itself in a cohesive manner trying at the very
least to comply with the Conventions and Obligations it has ratified with
this international organization.
1997
CEACR: Individual
observations concerning Cuba and the 1948 Convention #87, Union Rights
and Protecting the Right to Organize. Cuba ratified this Convention in
1952: published in 1997
The Commission insists
that with one party system's with only one central union the government
should guarantee in its legislation and in practice the right of all to
freely create independent professional organizations outside of the
control of any currently existing institutions should they so desire.
The Commission urges
the Cuban Government to guarantee in its legislation and in practice the
right of all workers and employers without distinction to freely create
independent professional organizations outside of the control of any
currently existing institutions should they so desire (Article 2), as
well as being able to freely elect their own representatives (Article
3). The Commission once again requests that the Cuban Government
maintains the Commission be informed of all progress towards the same.
1995
CEACR: Individual
observations concerning Cuba and the 1948 Convention #87, Union Rights
and Protecting the Right to Organize. Cuba ratified this Convention in
1952: published in 1995
The Commission insists
that one party system's with only one central union leads to the latter
being subjected to external pressures and ultimately jeopardizing the
same.
The Commission urges
the Cuban Government to guarantee in its legislation and in practice the
right of all workers and employers without distinction to freely create
independent professional organizations outside of the control of any
currently existing institutions should they so desire (Article 2), as
well as being able to freely elect their own representatives (Article
3). 1993
CEACR: Individual
observations concerning Cuba and the 1948 Convention #87, Union Rights
and Protecting the Right to Organize. Cuba ratified this Convention in
1952: published in 1993
The Commission is
reminded that although the preamble of the CTC's statutes state that the
labor union is not part of the State apparatus and that it is not a part
of the Communist Party the aforementioned CTC and its subsidiary due openly
recognize the
Communist Party as
the ultimate leader and vanguard of the working class, adopting and
following all of its policies, evolving according to the principles of
the Party.
The Commission
considers that when the statutes of the only central union fixates its
primary goal on that of following the policies of the country's only
political Party contrary to Article #3 of the Convention there is an
excessively inherent lack of organizational autonomy and duly elected
union officials. Under these circumstances the Commission asks the
Cuban government to provide in writing a detailed history of the
evolution the relationship between the Cuban Communist Party and the
Central de Trabajadores de Cuba.
1992
CEACR: Individual
observations concerning Cuba and the 1948 Convention #87, Union Rights
and Protecting the Right to Organize. Cuba ratified this Convention in
1952: published in 1992
The Commission notes
that the observations made by ICFTU refers to the following issues:
The impossibility
of forming independent unions;
The designation of
union leaders by the Communist Party and not by workers;
The increase in
production and productivity expectations or the imposition of
discipline in the form of labor;
The pressure exercised
over workers to do forced labor under the guise of "voluntary"
"
Consequently,
Once again the Commission requests the Cuban Government to indicate
which measures it will adopt which would suppress from Cuban
legislation the numerous references of only one central union
designated in such legislation as the "Central de Trabajadores"
permitting workers to finally realize free elections, and to organize
and create unions of their choosing outside of the current organized
labor/government structures and to affiliate themselves with the
same; according to Article #2 of Convention #87. The Commission
requires a detailed response from the Cuban Government."
1991
"
Consequently,
Once again the Commission urges the Cuban Government to consider
adopting measures which would suppress from Cuban legislation the
numerous references of only one central union designated in such
legislation as the "Central de Trabajadores". To permit those
workers who so desire, to organize and create unions of their choosing
outside of the current union structures.
In a communiqué
dated January 31, 1991 the International Independent Confederation of
Labor Organizations (IICLO) formulated comments over the application of
the Convention with regards central union, the illegality of
independent unions, the selection of union officers by the communist
party and not by fellow employees.
The Commission
solicited a response from the government to these recommendations,
requiring a detailed memorandum for the period ending June 30, 1991.
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