Report of violations of the ILO's International Labor Standars by the government of Cuba

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:

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.

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.

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).

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.

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."

"…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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