|
 |
|||
|
||||
|
|
|
|||
|
Case(s) No(s). 2258, Report No. 334 (Cuba): Complaints against the Government of Cuba presented by the International Confederation of Free Trade Unions (ICFTU) and the Latin American Central of Workers (CLAT) supported by, the World Confederation of Labour (WCL) AgostoDescription:(Freedom of Association
Case) COMPLAINANT Introduction 408. The Committee examined this case at its November 2003 meeting and submitted an interim report to the Governing Body (see 332nd Report, Case No. 2258, paras. 458-531, approved by the Governing Body at its 288th Session (November 2003)). 409. The Government sent further observations in communications dated 20 January, 25 February, 19 and 24 May 2004. 410. The World Confederation of Labour submitted a number of documents and information in a communication dated 11 March 2004. 411. Cuba 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). Background 412. The Committee recalls that the pending allegations relate to the following issues: The Cuban authorities only recognize one trade union central, which is under the strict control of the State and the Communist Party. The Government prohibits independent trade unions. which carry out their activities in a very hostile environment. Collective bargaining does not exist. The right to strike is not authorized by law; arrest and harassment of trade union members, threat of criminal prosecution, physical aggression, violation of privacy of the home; trial and conviction of trade union leaders who are sentenced to long prison sentences; confiscation of trade union property and infiltration by state agents of the independent trade union movement. 413. In its meeting of November 2003, the Committee made the following recommendations (see 332nd Report, para. 531): (a) The Committee emphasizes that, in accordance with Convention No. 87, ratified by Cuba, workers should have the right to establish, in full freedom, the organizations that they consider necessary irrespective of whether or not they support the social and economic model of the Government, including the political model of the country, and that it is for these organizations to decide whether they shall receive funding for legitimate activities to promote and defend human rights and trade union rights. (b) Noting that the proposals for revision of the Labour Code are currently being considered, the Committee requests the Government to adopt, without delay, new provisions and measures to recognize fully in law and in practice the right of workers to establish the organizations that they consider necessary at all levels, and the right of these organizations freely to organize their activities. The Committee requests the Government to keep it informed in this respect. (c) The Committee requests the complainant organizations to send a copy of the statutes of each of the organizations mentioned in the complaint (Single Council of Cuban Workers (CUTC), Independent National Workers' Confederation of Cuba (CONIC) and Confederation of Democratic Workers of Cuba (CTDC)). (d) The Committee requests the Government to provide detailed information on the various collective agreements signed in recent years (the parties to the agreements, the subject matter of the agreements, the number of workers covered in the private sector and in the public sector). (e) Noting that it has always recognized the right to strike as a legitimate right of workers and their organizations in defence of their economic and social interests, the Committee requests the Government to take measures to ensure the effective recognition of the right to strike and guarantee that no one will be discriminated against or suffer prejudice in their employment as a result of the peaceful exercise of this right. The Committee requests the Government to keep it informed in this respect. (f) The Committee is extremely concerned to note the allegations relating to the detention and the extremely harsh sentencing (between 15 and 26 years' imprisonment) of trade union officials of CUTC and CTDC. (g) The Committee must remind the Government that the detention and sentencing of trade union officials or members for carrying out activities to defend workers' interests is a serious violation of public freedoms in general and trade union freedoms in particular. The Committee requests the Government to take steps to release immediately the people mentioned in the complaints: Pedro Pablo Alvarez Ramos, Carmelo Díaz Fernández, Miguel Galván, Héctor Raúl Valle Hernández, Oscar Espinosa Chepe, Nelson Molinet Espino and Iván Hernández Carrillo. The Committee also requests the Government to send copies of the criminal sentences handed down against these people. (h) The Committee regrets that the Government has not replied to the allegations relating to the confiscation by the police in March 2003 of books from the CUTC trade union library, a computer, two fax machines, three typewriters and numerous documentation. The Committee urges the Government to send its observations without delay. (i) The Committee regrets to note that the Government has not replied to the allegations of the International Confederation of Free Trade Unions (ICFTU), according to which Aleida de las Mercedes Godines, Secretary of CONIC, and Alicia Zamora Labrada, Director of the Trade Union Press Agency Lux Info Press, were two state security agents infiltrated into the independent trade union movement (the former 13 years ago, according to information received from the ICFTU). The Committee urges the Government to send detailed observations in this respect without delay. (j) The Committee notes with regret that the Government has given no specific reply to the allegations of the ICFTU relating to years 2001 and 2002 (threats against trade union members, sentencing of a trade union member to two years in prison, violence against trade union members, detentions, searches of houses and attempts by the police to prevent a trade union congress). The Committee urges the Government to send detailed observations on these allegations without delay. (k) The Committee urges the Government to accept a direct contacts mission. B. The Government's reply 414. In its communication dated 20 January 2004, the Government confirms the information contained in its earlier reply and states that the Committee's report on Case No. 2258 contains statements and reflections that exceed its mandate. The Committee states in its interim conclusions that it notes the Government's statements but proceeds literally to repeat the false allegations made by the complainants, describing as trade union members convicted criminals who have been tried by courts that have been duly established in conformity with Cuban law. The charges for which they have been tried are totally unrelated to trade union activity. 415. The Government adds that it is not up to the Committee to question the legitimacy and independence of Cuban trade unions which are organizations that emerged from, and have been strengthened by the efforts and demands achieved by the trade union movement in the course of over a century. Neither is the Committee competent to legitimize and bestow the term "independent trade unions" upon the so-called organizations whose statutes it has not even taken the time to examine, as stated in paragraph 518 of its 332nd Report. The Committee should not term as "independent" groups which act under the orders of and are funded by the Government of a hostile foreign power, to engage in activities that are totally unrelated to the trade union sphere, as reported upon in detail and proven to the Committee in earlier reports. The Committee is again exceeding its mandate when it questions the collective labour agreements concluded in places of work in Cuba by trade union organizations belonging to the 19 national branch trade unions affiliated to the Central Organization of Cuban Trade Unions (CTC) which are not the subject of any complaint. 416. Moreover, as stated in earlier reports, no Cuban worker organization has elected the persons mentioned as their legitimate representatives at a place of work, for which reason the Committee does not and cannot have any information, of an accurate and objective nature, of their practical activity in places of work or of collective agreements concluded by them with the management of Cuban enterprises in defence of the interests that they claim to represent. The Committee also exceeds its mandate in seeking to impose obligations on member States that are not explicitly embodied in agreements. In this connection, we refer to the request made to the Government to take measures to recognize the right to strike. In this connection, the Committee is reminded that, while implicit, the right to strike is not explicitly established in Convention No. 87 concerning freedom of association and protection of the right to organize. Nowhere does current Cuban legislation ban the right to strike, nor does criminal legislation provide for any penalty for exercising such rights. It is the prerogative of trade union organizations to take decisions in this regard. 417. The Government states that the Committee exceeds its mandate (paragraphs 523 and 527) in assuming the right to describe as "extremely harsh" the penalties handed down by the legally established courts of this country, in connection with the activities categorized as offences in current law. It should also be noted that the statement at the end of paragraph 523 of the 332nd Report is totally false, given that the treatment of offenders conforms fully with the principles and standards embodied in the instruments of international law to which Cuba is a party. Cuba's record, since 1959, is entirely free of such violations, or of any ill-treatment of individuals, in contrast to the scenes of police brutality that appear daily in the media of the countries of origin of the complainant organizations, without any of these organizations having complained to the Committee for such acts which hamper the exercise of citizens' activity and public freedoms in these countries. 418. The Committee, in paragraph 525, fails to mention Cuban Law No. 88 of 1999: "Law for the protection of national independence and the economy of Cuba", article 5.1 of which provides that: "anybody seeking information to be employed in connection with application of the Helms-Burton Law, the embargo and the economic war against our people, intended to disrupt domestic order, destabilize the country and liquidate the socialist state and the independence of Cuba, incurs the penalty of deprivation of liberty". It is incomprehensible that the Committee should be so meticulous with regard to the allegations by the complainants but fails to refer to this law which, as stated in our earlier report, is the basis of the legal rulings with regard to the persons sentenced, in connection with their real acts, as opposed to their alleged trade union activity. 419. The charges brought against them are not general and vague, as stated by the Committee. The allegations were duly proven with all the procedural guarantees embodied in legislation. Therefore, it is wrong to conclude, as stated in paragraph 527, that the Committee considers that the charges are "too vague and are not necessarily criminal and can come under the definition of legitimate trade union activities". The facts, the charges and the characterization of the offences were reported in detail in earlier replies, which unfortunately the Committee fails to consider in its conclusions, and which would have prevented it from going to the extreme, as it has in calling into question, without motive or competence to do so, rulings by the Cuban courts pursuant to our criminal and procedural laws. 420. In repose to the Committee's request that the Government should take steps to release immediately the people mentioned in the complaints, the Constitution of the Republic provides that "... the Popular Supreme Court holds ultimate judicial authority and its decisions in this regard are final" ... "Judges, in their function of imparting justice, are independent and owe obedience only to the law." 421. With regard to the proposal appearing both in the interim conclusions and in the recommendations, on the subject of sending a direct contacts mission, the Government categorically rejects this possibility. The Cuban authorities are of the view that, in this matter, the Committee is motivated by obviously political interests, depriving it of any credibility, objectivity and impartiality. 422. It is totally unacceptable that the Committee should seek to legitimize funding by a foreign government, through its agencies and the country's Interests Section in Havana, to groups with the stated intention of supporting the economic embargo and carrying out actions against Cuba which the foreign country in question, without scruple or respect for basic standards of international law, has embodied in its so-called Helms-Burton Law. This Law, which is of an extraterritorial nature, boosts the economic war against the working people of Cuba, seeking to destabilize the country and liquidate the socialist state and Cuban independence. The activities carried out by these groups in keeping with the Helms-Burton Law cannot be disguised as legitimate trade union rights, as stated by the Committee. It is incomprehensible that the Committee should ignore the fact that the embargo by the United States against Cuba has been condemned for 13 consecutive years by the international community in successive resolutions adopted by the overwhelming majority of Member States of the United Nations General Assembly. In light of the above considerations, the Committee is requested to discontinue examination of this case. 423. In its communication dated 25 February 2004, the Government states that, having sent three notes containing comments on Case No. 2258, the Cuban authorities were under the impression that they had provided sufficient information for the case to be concluded. Cuba disagrees with this exercise and rejects the underlying political motivation, as it has previously denounced. However, in a spirit of goodwill and readiness to cooperate with the ILO mechanisms, it has decided to submit the following reflections on those paragraphs of the 332nd Report by the Committee that supposedly remain unanswered. 424. With regard to the Labour Code review procedure, the preliminary draft has been revised and updated eight times and consultations are being held with trade union organizations on the latest version, with a view to receiving their comments and opinions and incorporating them into the final text. Moreover, as stated on previous occasions, Cuban national legislation recognizes freedom of association and the right to organize, as embodied in law. In this regard, the Cuban Constitution of 24 February 1976, and its reform of July 1992, provide that the Cuban Socialist State recognizes and encourages grass-roots and social organizations. Article 13 of the Labour Code provides that all manual and intellectual workers are entitled without prior authorization to freely associate and establish trade union organizations. Article 14 further provides that workers have the right to meet, discuss and freely express their opinions on all questions or matters affecting them. 425. The Government regrets that the Committee has failed to take note of the reflections contained in its communications dated 30 May 2003 and 20 January 2004, which provide a detailed explanation of the activities and acts for which the individuals referred to in Case No. 2258 were tried and convicted, in connection with offences that are typified and made punishable under the current Criminal Code. These offences are not connected in any way with trade union activity and, even less, with the enjoyment of freedom of association or the right to organize. These individuals have no regard for socially useful work and, of course, for trade unions of manual and intellectual workers. Their income derives from payment for mercenary activities at the service of a foreign power that envisages military aggression and imposition of its domination over Cuban workers. 426. Attention is drawn to the outrageous and politically motivated request to the Cuban Government to take measures to guarantee "the right of workers to establish the organizations that they consider necessary at all levels, and the right of these organizations freely to organize their activities". It was the triumph of the Revolution of labourers, peasants, manual and intellectual workers, artists, professionals and workers in general, on 1 January 1959, which removed the obstacles to the free exercise of the Cuban's right to organize. There are few other countries where trade unions play such an important role in the political system and in conducting national affairs. In Cuba, the necessary legal and practical provisions exist for workers to establish as many trade unions as they consider necessary to defend their rights. The existence of a single central organization of trade unions, and its embodiment in our legislation, constitute a demand and achievement of Cuban workers themselves, following decades of struggle to achieve their legitimate rights. 427. Trade union organizations in Cuba conduct their activities without interference by a foreign government, but neither, of course, do they accept interference by this foreign government. Cuban workers are opposed to the establishment of groups of mercenaries, who are paid by and at the service of the superpower and who, masquerading as trade unionists, carry out activities intended to subvert the constitutional order confirmed in a referendum by over 95 per cent of all Cubans in 1976. 428. Article 8 of ILO Convention No. 87 clearly states that, in exercising the rights embodied in this Convention, genuine trade union organizations, workers and their respective organizations are required, as are other individuals and organizations, to respect the legal order. Why is something being demanded of Cuba that is contrary to ILO Conventions? How can anyone condone such spurious manipulation that serves solely to further the objectives of aggression and hostility by a foreign government against the workers and creators of Cuba? Why does anybody believe in "yellow" trade unions at the service of corrupt governments and transnational capital? Why do these puppet trade unions not speak out openly in the ILO against the embargo intended to subjugate Cuban workers through hunger and disease; against terrorist acts which are planned, funded and carried out from United States territory against Cuban workers, resulting in assassinations and permanent mutilations; against the resurgence of the policy of anti-Cuban hostility by the current United States administration and the imminent danger of military aggression? 429. Convention No. 98, Article 2, deems to constitute acts of interference those acts which are designed to promote the establishment of workers' organizations under the domination of employers or employers' organizations, or to support workers' organizations by financial or other means, with the objective of placing such organizations under the control of employers or employers' organizations. It fails to apply this description to mercenary "trade union" groups that are established and financially supported by the government of a foreign country in Cuba through its Interests Section in Havana, for the purpose of destroying the political system which guarantees freedom of association and the right to organize and the exercise of power to Cuban workers. 430. The ICFTU complaint does not mention and, indeed, acts as an accessory in concealing the blatant interference by the Government of the United States in the enjoyment of the rights to self-determination and to freedom of association and the right to organize by the workers and people of Cuba. This is aggravated by the fact that the ICFTU is fully aware that during the oral trials of the convicted mercenaries it was proven - as admitted by the accused - that their illegal activities were funded by several federal agencies of the United States Government and of the Cuban American terrorist mafia acting with impunity from Miami. 431. It is not surprising that the ICFTU, encouraged by the AFL-CIO and in full complicity with the government of a foreign country, should seek to present as "trade union activities" acts targeting the security and constitutional order of the country and collaboration with the aggressive and hostile acts by the foreign superpower against the Cuban people, constituting an undeclared war. 432. The AFL-CIO's consistent aligning with and subordination to the policy of hostility by a foreign government towards the Cuban nation, in which it likewise involves the ICFTU, deprive it of any credibility and legitimacy as a source of allegations against Cuba. 433. It is regrettable that the Committee should fall into the trap of believing in such a manifest travesty of truth and justice, thereby besmirching and undermining the prestige of the ILO's work. We are aware that some have engaged in such a spurious exercise in full possession of the facts; they will be unmasked and denounced! However, for all those who were deceived by the United States media campaign or those who do not possess sufficient information, Cuba restates its determination to go to all necessary lengths and to provide all necessary information. 434. Cuba will work diligently to restore the credibility of the Committee which has been seriously undermined in recent years, by lack of democracy and transparency in its work and decision-making processes and it intends, together with many others, to turn this body into a genuine guarantor of the objectives it was originally established to achieve. 435. Moreover, the Government states that collective labour agreements have been signed in all bodies and offices of the Cuban Central State Administration, in production and/or services units and in undertakings belonging to the emerging economy. The vast majority of the 3,250,000 trade union members, grouped in the 101,700 grass-roots trade union sections existing in the country at the end of 2003, are protected by one of the over 10,000 collective agreements signed to date. The Cuban trade unions are responsible for drafting these agreements and establishing their scope, together with oversight of compliance, while the State intervenes only as mediator in the event of dispute. This function is carried out by the Ministry of Labour and Social Security. The department responsible for collective agreements in the Central Organization of Cuban Trade Unions (CTC) has been asked to provide the requested information. Any delay in forwarding this information is to be attributed to the careful review being carried out by the CTC of the large volume of existing information. The Government would like to emphasize that the number of current collective agreements, the subjects they cover and the number of workers protected by these agreements constitute an achievement of the State's labour policy and a conquest by the workers, of which the Cuban people are proud. It is a source of satisfaction for Cuban workers and for the Government that this information should appear in official ILO documents, as a further demonstration that Cuba has nothing to hide and much to be proud of in labour affairs, despite calumnies such as those appearing in the complaints giving rise to Case No. 2258. 436. With regard to the Committee's recommendations in connection with detentions and sentencing, the Government states that the underlying assumption and conclusions are totally erroneous. None of the persons arrested were genuine trade unionists and much less trade union leaders. None of them were tried or sentenced for any act relating to the defence of worker interest and, less still, with the exercise of public freedoms in general, and trade general freedoms in particular. The nature of the offences committed does not fall within the ambit of the ILO's activity; none of these activities which gave rise to the prosecution of the mercenaries referred to in the ICFTU complaint is described in any of the Organization's Conventions. The Cuban Government reminds the Committee that ILO Convention No. 135, Article 3, provides that, the term worker representatives refers to persons recognized as such, pursuant to national legislation or practice. None of the mercenaries mentioned in the complaint was elected as a trade union representative under national legislation, or under national practice; neither would they be accepted as trade unionists in any country at all for the simple reason that they had no connection whatsoever with any group or association of workers. Their only "labour-related activity" was their service as paid agents of the policy of aggression, embargo and hostility pursued by the Government of a foreign country and the terrorist mafia in Miami against the workers and entire population of Cuba. Cuba is a State under the rule of law, where the Constitution and practice embody the protection and judicial defence of its citizens. The decisions of the Popular Supreme Court, in its capacity as supreme judicial authority, are final. It is not acceptable that a mere supervisory body of the ILO, exceeding its mandate and acting contrary to the purposes for which it was established, with clear motives of political manipulation, should trample underfoot the minimum standards of respect for the sovereignty of states. Cuba rejects and denounces this action and demands that a rectification be made at the earliest opportunity. 437. The Government adds that, in the interest of continuing to clarify the real situation of the eight mercenaries who have been justly punished, referred to in the ICFTU complaint - under pressure from the government of a foreign country - the Government of Cuba should expand upon the information contained in its note of 20 May 2003, adding the following information: - Miguel Galván Gutiérrez, with no labour link by his own choice for the past several years, was detained on 18 March 2003, prosecuted under preliminary investigation File No. 341/03, with a prosecution request for 15 years' imprisonment. The Popular Provincial Court of the City of Havana, pursuant to article 91 of the current Criminal Code, sentenced him, in Judgement No. 12 of 2003, to 26 years' imprisonment for acts against the independence or territorial integrity of the State, with the aggravating factor of having committed the offence for personal gain. Galván maintained close conspiratorial links with officials of the United States Interests Section in Cuba, which he visited to deliver documents containing information of interest to the United States policy of hostility towards the Cuban people and to receive instruction and materials for his subversive work against the constitutional order of the country. Likewise, he maintained close conspiratorial links with terrorist organizations in Miami, from which he also received money, instructions and materials of a subversive nature. In his subversive activities, he fraudulently deceived several people, promising to facilitate the migration formalities to travel to the United States to carry out illegal acts. - Héctor Raúl Hernández, with no known labour link for the past several years. Detained on 19 March 2003, prosecuted under preliminary investigation File No. 341/03, with a prosecution request for 15 years' imprisonment. The Popular Provincial Court of the City of Havana, pursuant to article 91 of the current Criminal Code, sentenced him, in Judgement No. 12 of 2003, to 12 years' imprisonment, for acts against the independence or territorial integrity of the State. This individual's income originates from unlawful activities, such as trafficking in currency of non-legal origin, and speculation and resale of articles stolen from shops, selling merchandise for foreign currency. He attempted illegally to leave the country in 1995, 1996, 1998, 2000 and 2002, and was returned to Cuba by the United States coastguards. He received funding from the Cuban American terrorist mafia based in Miami, including the organizations Fundación Patria Libre and Partido Democrático 30 de noviembre - Franck País. He used the money he received to recruit further mercenary agents and fabricated false allegations against the political system and the Cuban authorities, which are used by the Government of the United States, among other purposes, to work against members of Congress and broad sectors demanding change in the policy of aggression and embargo against the Cuban people. He also engaged in distributing materials provided to him by the United States Interests Section in Havana inciting the Cuban people to engage in subversion against the institutional order and against public order. - Nelson Molinet Espino, with no labour link by his own desire, arrested on 20 March 2003, and tried on the basis of preliminary investigation File No. 345/03. The Popular Provincial Court of the City of Havana, in Judgement No. 7 of 2003, sentenced him to 20 years' imprisonment, pursuant to article 91 of the current Criminal Code, for offences against the independence or territorial integrity of the Cuban State. He has a long criminal record on account of his being a danger to society. He was tried in 1996, for threatening and attacking a public official. He carried out activities in Cuba commissioned and funded by terrorist organizations based in Miami: Hermanos al Rescate (brothers to the rescue) and Movimiento Democracia. In carrying out his illegal activities, he employed materials sent by these organizations and others provided by the United States Interests Section in Havana, providing instructions on methods for fostering insurrection in the country. - Iván Hernández Carrillo, also with no known labour link. Detained on 18 March 2003 and prosecuted under preliminary investigation File No. 19/03, with a prosecution request for 30 years' imprisonment, pursuant to Law No. 88. The Popular Provincial Court of Matanzas sentenced him, in Judgement No. 2 of 2003, to 25 years' imprisonment for offences against national independence and the economy of Cuba. He is a habitual layabout and lives on money received from abroad. He has received numerous warnings by the authorities for participating in and organizing public disturbances and street brawls. He maintains regular contact with officials of the United States Interests Section and with terrorist organizations in Miami from which he regularly receives money to fund subversive activities. 438. On the subject of the allegations relating to confiscation by the police in March 2003 from the CUTC trade union library of a computer, two fax machines, three typewriters and numerous documents, the Government states that the Cuban authorities have no knowledge of the supposed library referred to in this paragraph. Cuba is among the countries with the largest number of public libraries per capita, containing all manner of literature and naturally including ILO publications and extensive other material on the subject of trade unionism throughout the world and on labour rights. There is no knowledge of the existence in Cuba of any "trade union library" belonging to something referred to as "CUTC". The materials confiscated from the mercenaries, always in strict compliance with the law and the requirements of due process, did not include any library or documentation relating to trade unions, trade unionism or labour rights. The material confiscated, which was on all occasions duly presented to the corresponding judicial authorities, included: materials inciting subversion, written and printed by the United States Interests Section in Havana and the Cuban American terrorist mafia in Miami; equipment of which legal purchase could not be proven since they were brought in illegally or with a declaration of a false addressee in the country or illegally "donated" by the United States Interest Section in Havana, or bought with its money and which were being used to assist subversive conspiracy activities. Cuban trade unions and trade union members have untrammelled access, even through facilities such as Internet, to any literature they require or that they are interested in consulting on the subject of trade union activity and labour rights. Hence, the allegations included in paragraph (h) of the Committee's recommendations are ridiculous. 439. With regard to the ICFTU allegations that Aleida de las Mercedes Godines, Secretary of the Independent National Workers' Confederation of Cuba (CONIC) and Alicia Zamora Labrada, Director of the Trade Union Press Agency Lux Info Press, were two state security agents infiltrated into the independent trade union movement (the former 13 years ago, according to information received from the ICFTU), the Government states that if the ICFTU has no information in this regard, it is simply because, where Cuba is concerned, it receives and seeks only disinformation provided to it by the government of a foreign country and the Cuban American terrorist mafia in Miami. On this specific issue, extensive information has been published both by the Cuban Government (including an interview with the foreign press by the Minister of Foreign Affairs of the Republic of Cuba, His Excellency Felipe Pérez Roque, on 9 April 2003), and by Cuban authors and journalists (see the book Los Disidentes. Agentes de la Seguridad Cubana revelan la Historia Real, by Rosa Miriam Elizalde and Luis Baéz, Editora Política, Havana, 2003). However, this paragraph contains a number of totally false and biased premises: - the Cuban patriots Aleida de las Mercedes Godines and Alicia Zamora Labrada participated voluntarily in defending the security and independence of their country, against the policy of the embargo, hostility and aggression by United States imperialism; - they did not "infiltrate" any trade union organization. They merely studied and sought information regarding the modus operandi of the United States Interests Section in Havana, and the Cuban American terrorist mafia in Miami, in recruiting, funding and masterminding the conspiratorial activities of their mercenary groups, working on the island towards the overthrow of the national constitutional order; - they fully fulfilled their duty as citizens to protect the independence and security of the entire people, against the aggressive threats of the superpower and the mercenary activities of their paid agents; and - the statements and declarations by these Cubans in themselves demonstrate that the activities carried out by the eight mercenaries mentioned in the ICFTU complaint were totally incompatible with freedom of association and the right to organize and with the labour rights championed by the ILO. 440. Should the Committee or the ICFTU still have any doubts as to why the Cuban Government must use its security bodies to defend itself, with the support and collaboration of all patriotic Cubans and of any person of dignity who is prepared to do so, they have only to consult the documents that have been declassified by the Central Intelligence Agency of a foreign power, regarding plans of aggression against Cuba, and numerous planned attacks against its prominent leaders, with the support of terrorist groups and gangs operating against the Cuban people. It would be of interest to examine the United States Helms-Burton and Torricelli Laws (which even lay down the outlines of the political and economic system that would be imposed on the Cuban people once the current constitutional order has been overthrown), or study the recent statements threatening aggression against Cuba by high-ranking officials of the State and Defence Department in the current United States administration. 441. With regard to the ICFTU allegations for 2001 and 2002 (threats against trade unionists, sentencing of a trade union member to two years' house arrest, attempts by the police to prevent a trade union congress), the Government states that it has already replied to these ICFTU allegations in Case No. 1961, consideration of which has been discontinued. It is difficult to understand how allegations that have already been discussed and concluded in one case should subsequently be repeated in another case. C. Additional information by the World Confederation of Labour 442. In its communication dated 11 March 2004, the World Confederation of Labour (WCL) sends documentation regarding the Single Council of Cuban Workers (CUTC) including its statutes, and a statement of principles/plan of action. D. The Government's new reply 443. In communications dated 19 and 24 May 2004, the Government provides its observations concerning the communication of 11 March 2004 of the World Confederation of Labour (WCL): The documents provided by the WCL do not provide any evidence on the legitimacy, let alone the existence of the CUTC. The documents in question do not contain any mention of registration or validation by Cuban legal and civil authorities, and do not constitute the programme or statutes of any labour or trade union group that has such activities on the territory of the Republic of Cuba. None of the members of the so-called CUTC has had trade union or labour activity. The CUTC structure and functioning described in these documents are not based on any participation by workers or workers' organizations (the real and legitimate actors of trade union activity in service and production units) that would guarantee the election of leaders, the adoption of an action programme in line with workers' interests and, what is more important, the will to create structures, supposedly of a trade union nature, as described in these documents. The documents attributed to the CUTC describe an organization that, since its establishment, has clearly renounced to have a real and large membership, to respect the will of its members and to put at their disposal democratic, transparent and participatory mechanisms. This has been a serious error or omission in the drafting of these documents. If there was any doubt left as regards the illegitimacy of the CUTC as a trade union organization, these documents contribute in confirming its lack of representativity among Cuban workers. The drafters of these documents, obviously prepared hastily to comply with the request of the Committee on Freedom of Association, have forgotten to include among the CUTC mechanisms the element which is a fundamental feature of any legitimate and independent trade union activity, that is the support and participation of workers and labour collectives in the decisions concerning the election of their leaders or representatives, and in the decisions concerning the programmes of action of the so-called trade union activity which is mentioned in the documents. The persons whom the WCL defends are not "trade unionists" and do not have any trade union activity. The "Statutes" demonstrate the lack of representativity of the persons mentioned by the WCL. The document itself indicates that the so-called "independent" trade union is nothing more than a group of self-appointed persons, who have not been elected by any group of workers, do not report and are not responsible to them. The false "Statutes" attributed to the CUTC are unknown to the workers, and have not been submitted for analysis, discussion and approval by any workers' collective. The persons who fraudulently claim the title of trade union leaders have not been elected by any workers' collective. The drafters of these "Statutes" never thought of including representation mechanisms nor basic trade union structures, simply because the CUTC has no affiliates and does not have any worker among its members. It is a cover-up name intended to mislead naive observers; its activities have nothing to do with its name and with the "trade union activities" that are fraudulently included in the false "Statutes" attributed to the CUTC. It is obvious that the "trade union activities" which the CUTC is allegedly pursuing are little more than a weak "statement of intentions" included in the documents submitted, where the drafters have mentioned interests that have no relationship whatsoever with trade union activities. The drafters have elaborated a document which is more reflective of conspiracy and subversion than of a trade union organization. The documents submitted by the WCL do not constitute a trade union platform and merely replicate and apply, in a coherent manner, the scheme elaborated by the United States through their Helms Burton Law to interfere in Cuban affairs. The documents submitted by the WCL contain multiple references which appear to be carbon copies of the provisions contained in various titles and sections of the Helms Burton Law, for example: - representative democracy and market economy: Helms Burton Law, Title I, sections 109 and 111; Title II, section 201; - transformation of the armed forces and of the Ministry of Interior: Helms Burton Law, Title II, sections 201, 202 and 205; - private property status: Helms Burton Law, Title II, sections 205, 206 and 207; Title III, section 201, protection of the property rights of nationals of the United States; - liberation of "political prisoners": Helms Burton Law, Title I, section 112; Title II, section 205; - multipartism and elections; "bourgeois" democratic scheme: Helms Burton Law, Title II, sections 201 and 205; - methods of organization of elections: Helms Burton Law, Title II, section 205; - transformation of judicial system: Helms Burton Law, Title II, section 205. These references are only examples of a constant intention in these documents, repeated and reproduced from the Helms Burton Law in the WCL documents, that aim at the destruction of the political, economic and social system which has been chosen in complete independence by the people and incorporated in the Constitution of the Republic, approved by an overwhelming majority of the Cuban people through a universal referendum passed to that effect in 1996. In any country of the world, a trade union organization must be established in conformity with the legal and constitutional order of that country, and not in violation of it or for its destruction. On the other hand, a complete alignment is clearly demonstrated between the objectives of the Helms Burton Law and the documents attributed by the CMT to the so-called CUTC. In both cases the aim is to subordinate third countries and international organizations, including the ILO, to the policy of the United States Government which is directed towards the so-called "change of regime" in Cuba, without excluding military invasion. The so-called Programme of Action contains open statements about "changes in the current Cuban society", laying down new plans for the reorganization of the economic foundations, artistic expression, education, culture and political and party system in the country. The chapter entitled "On democratic reform: Its alternatives", is a faithful copy of the political organization that the United States Government tries to impose on the Cuban people through the Helms Burton Law. Cuba, just like any other country in the world, has the right to defend its sovereignty, independence and economy through the implementation of the law. The Act on the Protection of the National Independence and the Economy of Cuba, No. 88 of 1999, establishes in its article 5.1 the following: "anyone who looks for information to be used in application of the Helms Burton Law, the blockade and the economic war against our people, directed at ruining the domestic order, destabilizing the country and selling off the socialist state and the independence of Cuba, shall incur the penalty of imprisonment". Moreover, Act No. 80 of 24 December 1996 on the Reaffirmation of the Cuban Dignity and Sovereignty declares illegal any form of collaboration to promote the application of the Helms Burton Law in the country. How could persons be described as "independent trade unionists" when, as has been demonstrated, they act under the instructions of a foreign government against the constitutional order decided in a sovereign manner by the people, and enjoy a lucrative lifestyle through the financing of their mercenary activities, despite the suffering they cause to their people? During the judicial proceedings brought against the mercenaries of the United States, who want to mask their criminal activities with false trade union activities, the competent Cuban tribunals relied on irrefutable proof of the acts committed, which are defined as crimes in the Criminal Code in force, Act No. 88 on the Protection of the National Independence and the Economy of Cuba and Act No. 80 of 24 December 1996. Details of the certified proofs have been transmitted in previous responses. The abovementioned persons received financing in order to carry out the acts instructed by the United States Government and anti-Cuban terrorist groups which operate from Miami and New Jersey, in the territory of the United States. Among the acts for which the mercenaries were punished should be emphasized: - pressures and threats to potential and actual foreign investors so that they do not invest in or withdraw their investments from Cuba; they openly stated that their investments would not be respected in the event of a "change of regime"; - dissemination of false and distorted information on the state of the national economy and the social and political situation of the country with the objective to generate uncertainty and discourage foreign investments and the confidence of the Cuban market; - fabrication of false allegations concerning the supposed violations of human rights and labour rights of Cuban workers, in order to "give substance" to the anti-Cuban practices promoted by the United States Government in international organs and organizations like the UN Commission on Human Rights and the ILO: - support to the United States' objective to foster an artificial crisis which would be facilitated by a media campaign of misinformation in which Cuba would be presented in a state of anarchy and serious and massive violations of human rights so as to serve as a pretext for the military aggression of the United States. With all the information provided, which demonstrated the political background of Case No. 2258, Cuba considers that all elements are gathered for an application of point 16 of the Procedure of the Committee on Freedom of Association which provides that: "The Committee (after a preliminary examination, and taking account of any observations made by the governments concerned, if received within a reasonable period of time) reports to the next session of the Governing Body that a case does not call for further examination if it finds, for example, that the alleged facts, if proved, would not constitute an infringement of the exercise of trade union rights, or that the allegations made are so purely political in character that it is undesirable to pursue the matter further; ...." And therefore, the Committee on Freedom of Association is in a position to definitely close this case. In order to facilitate the work of the Committee on Freedom of Association and its understanding of the circumstances in which the anti-Cuban campaign is conducted in the framework of the ILO, the Government annexes the texts of the Helms Burton Law, the 2003 USAID programme for Cuba, the executive summary of the report of the United States Presidential Commission "to help democracy in Cuba", all of which clearly demonstrate the mercenary nature of the evil called "independent trade unionism" in Cuba, and its complete subordination to the policy of hostility, blockade and aggression conducted by the United States Government against the Cuban people in order to destroy the political, economic and social system which the people selected in a sovereign manner. The communiqué of the Cuban Government on the aggressive measures against the Cuban people announced by the United States Government on 6 March of this year is also added. Finally, the Government considers it necessary to reaffirm the validity of the abundant information previously sent to the Committee in relation to Case No. 2258. Conclusions 444. The Committee deeply regrets that the Government categorically rejects the possibility of a direct contacts mission. It further regrets the fact that it has failed to send the judgements requested in connection with the main issue in this case and draws attention consequently to the absence of a desire to cooperate fully in the proceedings. The Committee cannot accept the Government's statements with regard to a lack of democracy and transparency in its work, to its "real political motivation" or the statement that it has exceeded its mandate, and recalls that its decisions are those of an impartial and specialized tripartite body with over 50 years' experience which, in this case - as in all others - has adopted its conclusions and recommendations by consensus. Before issuing its conclusions, the Committee carries out a detailed consideration of all the allegations submitted by the complainants and of the replies submitted by governments. In this case, it has proceeded in the same manner and must also emphasize that the principles underpinning its conclusions are of universal scope. These principles are applied to all countries involved in a given problem, regardless of their political, economic and social system. For this reason, the Committee's principles have acquired an authority that is widely recognized throughout the world both by different international entities dealing with social and trade union matters and by a substantial number of countries where these principles constitute the foundation of national legislation. 445. The Committee underlines that the AFL-CIO is not a complainant in this case and therefore the references made by the Government to this organization in its reply are not relevant. Only one trade union central is officially recognized and mentioned in this legislation; in practice independent trade unions are not recognized and the environment in which they carry out their activities is very hostile 446. In this connection, in its previous consideration of the case, the Committee took note of the fact that proposals to review the Labour Code were being analysed and requested the Government to adopt without delay other provisions and measures to recognize fully in law and in practice the right of workers to establish the organizations that they consider necessary at all levels and the right of these organizations freely to organize their activities. The Committee urges the Government to take measures in this respect. 447. The Committee notes the Government's statement that: the Labour Code is being reviewed, and a preliminary draft has been updated eight times and that the latest version is currently the subject of consultation with trade union organizations to obtain their comments and opinions in order to incorporate them into the final version. The Committee further notes the statements by the Government in which it repeats its earlier points of view on the absence of obstacles to freedom of association and the right to organize and the existence of a single central of workers which was a demand and conquest by workers themselves, restating that legislation embodies trade union rights and describes the so-called independent trade unions as groups of mercenaries, paid by, and at the service of the superpower which, in the disguise of would-be trade unionists, carry out activities intended to subvert the constitutional order, constituting an act of interference prohibited by Convention No. 98. 448. The Committee is aware of the historical context of the establishment and existence of the single central of workers in Cuba. However, it must remind the Government, as it has on all occasions when matters of this nature have arisen, that by including the term "organizations of their own choosing" in Convention No. 87 the International Labour Conference sought to take account of the fact that several organizations of employers and workers exist in some countries and concerned individuals may choose to belong to one or the other, for reasons of an occupational, religious or political nature, without giving an opinion hereby as to whether, for workers and employers, unity in trade union organization is preferable or not to trade union pluralism. However, the Conference sought likewise to embody the right of any group of workers (or of employers) to establish an organization outside the previously existing organization, if this solution was considered to be preferable in defending their material or moral interests (see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 486). The Committee requests the Government to keep the Committee of Experts informed on progress in revising the Labour Code as regards freedom of association and expresses the firm expectation that this review will provide for deletion of reference by name to the existing Central Organization of Cuban Trade Unions and will permit the establishment of trade unions outside the existing structure at all levels, should workers so desire. Information requested on collective bargaining 449. The Committee recalls the ICFTU's allegations that collective bargaining does not exist in Cuba. 450. The Committee notes that, according to the Government, over 10,000 collective agreements exist to protect the majority of the 3,250,000 trade union members in the sphere of the administration, production and/or services units and enterprises of the emerging economy, which constitutes an achievement of the State's labour policy and a conquest by workers. 451. The Committee wishes to refer to the comments of the Committees of Experts in 2003 in the context of consideration of application of Convention No. 98, Article 4, relating to collective bargaining, which highlights interference by the authorities in collective bargaining and which is quoted hereafter: (...) The Committee also notes the Government's information concerning the promulgation of Legislative Decree No. 229 respecting collective labour agreements, dated 1 April 2002, and its implementing regulations, by means of resolution No. 27/2002. Article 4 of the Convention. The Committee notes that section 14 of the Legislative Decree No. 229 provides that "discrepancies which arise in the process of formulating a draft collective labour agreement between the administration or its representative, on the one hand, and the trade union organization or its representative, on the other, shall be resolved by the respective superior levels as rapidly as possible, and with the participation of those affected". This section is supplemented by section 8 of the implementing regulations, which provides that "discrepancies which arise in the process of formulating, modifying (...) collective labour agreements, if the necessary measures are not adopted for their resolution, shall be submitted to the immediately superior level of the administration and the trade union organization determined by the corresponding national trade union, for such bodies to facilitate together the corresponding solution within a period of up to 30 working days". The Committee also notes that section 17 of the Legislative Decree provides that "discrepancies which arise in the process of formulating, modifying, revising or during the period in which the collective labour agreement is in force, after the exhaustion of the conciliation procedure (...) shall be submitted to arbitration by the National Labour Inspection Office with the participation of the Confederation of Workers of Cuba and the interested parties. The decision that is adopted is binding". Sections 9 and 10 of the implementing regulations further specify the provisions of section 17 of the Legislative Decree. The Committee notes that these provisions constitute interference in the activities of the parties to the negotiations by the administrative authority or the higher level trade union organization in establishing the content of the collective agreement or resolving discrepancies which arise between the parties, in violation of the principles of the Convention. The Committee also emphasizes that, in general, the imposition of compulsory arbitration, whether at the request of only one of the parties or at the initiative of the authorities, is contrary to the principle of voluntary negotiation set forth in the Convention, and therefore to the principle of the autonomy of the parties to negotiations. The Committee requests the Government to take measures with a view to amending the legislation so that the parties to the negotiations resolve their own differences during collective bargaining without external interference and so that recourse to arbitration with binding effect is only possible with the agreement of the parties to the negotiations. (...) The Committee notes that, in accordance with section 10 of Legislative Decree No. 229, promulgated on 1 April 2002, a draft collective agreement has to be brought to the knowledge of the workers so that they can express their criticisms in a general assembly of workers and that, by virtue of section 11 of the above Decree, "discussion of the draft collective labour agreement in the general assembly of workers shall proceed in accordance with the methodology determined for that purpose by the Confederation of Workers of Cuba". The Committee requests the Government to provide a copy of the above methodology in its next report. The Committee also notes that section 3 of the implementing regulations appears to impose the obligation upon the parties to seek the prior approval of the National Labour Inspection Office to be able to conclude collective labour agreements. The Committee requests the Government to indicate the scope of the above provision and, if in practice it implies the need to seek the approval of the National Labour Inspection Office on each occasion to be able to conclude a collective labour agreement, to take measures to repeal this provision. 452. The Committee shares the view of the Committee of Experts and urges the Government to take measures to amend legislation in the manner suggested with a view to ensuring that collective bargaining in places of work is carried out without recourse to binding compulsory arbitration prescribed by the legislation and without interference by the authorities, higher-level organizations or by the CTC. Non-recognition of the right to strike 453. The Committee takes note of the Government's statement that: (1) although the right to strike is implicit, it is not expressly stated in Convention No. 87; (2) legislation does not include any ban on the right to strike, nor do criminal laws establish any penalty for exercising such rights and it is a prerogative of trade union organizations to decide in such matters; and (3) the Committee's recommendation exceeds its mandate in seeking to impose obligations on member States that are not expressly embodied in the Conventions. 454. In this regard, the Committee has always recognized the right to strike as a legitimate right which may be used by workers and their organizations to defend their economic and social interests (see Digest, op. cit., para. 474). The Committee has also stated that it would not appear that confining the right to call a strike exclusively to trade union organizations is incompatible with the standards laid down in Convention No. 87. It is necessary, however, that workers, and particularly their leaders in enterprises, are protected against possible acts of discrimination when a strike has been called, and that they are able to establish trade unions without falling victim to anti-union practices (see Digest, op. cit., para. 477). 455. In the circumstances, taking note that legislation does not ban the right to strike and that it does not embody any penalty for exercising such a right, the Committee strongly expects that the Government will ensure that the right to strike may be exercised in an effective manner in practice and that nobody will be discriminated against or prejudiced in their job for peacefully exercising this right. Seven trade union officials sentenced to long prison sentences (up to 26 years) 456. The Committee previously noted the sentencing of the following trade union officials to sentences of between 15 and 26 years' imprisonment: Pedro Pablo Alvarez Ramos (25 years), Carmelo Díaz Fernández (15 years), Miguel Galván (26 years), Héctor Raúl Valle Hernández (12 years), Oscar Espinosa Chepe (25 years), Nelson Molinet Espino (20 years) and Iván Hernández Carrillo (25 years) and requested the Government to take steps to release them immediately. 457. The Committee notes that the Government repeats its earlier statements denying that these individuals were trade union officials or that they were engaging in trade union activity or that they had any connection with any group of workers, calling them mercenaries and stating that they were carrying out activities typified as offences in current legislation and that Law No. 88 of 1999 (for the protection of national independence and the economy of Cuba) provides that: "Anyone seeking information to be used for application of the Helms-Burton Law, embargo or economic war against our people, intended to disturb domestic order, destabilize the country and liquidate the socialist state and the independence of Cuba is punishable by imprisonment." The Committee notes that the Government refutes earlier conclusions to the effect that the charges against these individuals are "too vague or not necessarily criminal and can come under the definition of legitimate trade union activities"; the Government repeats that the charges were duly proven with all procedural guarantees embodied in legislation. The Government states that the illegal activities of the seven convicted individuals were funded by several federal agencies of a foreign government, and by money from the Cuban American terrorist mafia working out of Miami in the service of the policy of embargo and hostility against Cuba. The Government emphasizes, lastly, that it rejects the overstepping of minimum standards of respect for the sovereignty of states inherent in asking the Government to change final decisions by the Popular Supreme Court, whereby the Committee exceeds its mandate; likewise, according to the Government, none of the activities giving rise to the prosecution of the mercenaries in question is described in ILO Conventions. 458. The Committee notes the supplementary information provided by the Government, (which essentially coincides with the charges described by the Government in its first reply) in respect of four of the seven convicted individuals who are specifically alleged to have conspiratorial links with the Interests Section of a foreign country in Cuba, delivering documents and receiving instructions and materials for use in their subversive activities, maintaining contacts with terrorist organizations in Miami from which they received money, instructions and subversive materials; income from unlawful activities (trafficking in illegal foreign currencies and speculation and sale of stolen goods); recruiting mercenaries; fabricating false allegations against the Cuban political system and authorities; distributing materials inciting the Cuban people to subversion; participating in and organizing public disturbances and street brawls, etc. The Government further is of the view that these individuals are paid agents in the service of the government policy of a foreign country and of a terrorist mafia. 459. In these circumstances the Committee must emphasize that the Government has ignored its recommendation requesting the Government to send copies of the criminal sentences in question, with the result that the Committee cannot examine and draw any conclusion regarding the allegations against the convicted individuals and on the judiciary's interpretation of concepts and charges that are overly general and vague such as "conspiratorial links with officials of the United States Interests Section in Cuba", "delivery of documents containing information of interest to the United States policy of hostility towards the Cuban people and to receive instruction and materials for his subversive work against the constitutional order of the country", "close conspiratorial links with terrorist organizations in Miami, from which he also received money, instructions and materials of a subversive nature. In his subversive activities, he fraudulently deceived several people, promising to facilitate the migration formalities to travel to the United States, to carry out illegal acts", " fabrication of false allegations against the political system and the Cuban authorities", "subversion against the institutional order and against public order". The Committee is bound to point out that it has in the past dealt with cases of countries on different continents which use the words "conspiratorial", "insurrectional", "subversive" or "unlawful" to refer to activities in promoting and defending human rights and trade union rights or peaceful activities with a view to changing the economic and social system. Hence, the importance of sending to the Committee the decisions convicting trade union members so that it can see what specifically is being held against them. 460. The Committee recalls that, contrary to the Government, several complainant trade union organizations maintain that the convicted individuals are trade union members and that it is stated in the CUTC statutes that the duties of members include "to fight to claim the benefits and rights to which workers are entitled" and clearly provide the structure for a trade union organization. Moreover, the CUTC Declaration of Principles and other documents reveal that the CUTC ranks include all manual or intellectual workers (that is to say, whether they are working in a labour centre or elsewhere), that they are of peaceful intentions, free of violence, and the product of the integration of a large number of independent trade union organizations, expressing the desire to carry out independent trade union activity with objectives including the defence of social, cultural, religious, economic and family interests of workers. The CUTC is also affiliated to the Latin American Central of Workers (CLAT) and the World Confederation of Labour (WCL). The Committee requests the complainant organizations to send a copy of the statutes of CONIC and CDTC. While noting the recent communications submitted on 19 and 24 May by the Government, in which it points out in particular that the structure and the functioning described in the documents concerning the CUTC are not based on workers' participation, nor workers' collectives, the Committee nevertheless considers that these communications - beyond the fact that they reiterate previous statements made by the Government - refer largely to facts posterior to the complaints and do not permit a conclusion that the CUTC is not a trade union organization and its leaders are not real trade union leaders, although they might not agree with the economic and social system of the country and want to transform it. The Committee emphasizes that the CUTC's lack of representativity invoked by the Government is in any event irrelevant for the determination of this complaint. As regards the illegal activities of the trade union leaders raised by the Government (including alleged criminal links with a foreign government), the Committee underlines that the Government has not sent copies of the judgements requested. 461. In these circumstances, given that during its previous consideration of the case the Committee had drawn attention to the fact that the sentencing was handed down in summary hearings of very short duration and given that the Government has for the second time failed to send the requested copies of the criminal convictions handed down and taking into account also the several earlier cases submitted to the Committee regarding harassment and detention of trade union members belonging to trade union organizations that are independent of the established structure, the Committee urges the Government to take steps to release immediately the persons mentioned in the complaints and to keep the Committee informed in this respect. Confiscation by the police in March 2003 of books from the CUTC trade union library, a computer, two fax machines, three typewriters and numerous documents 462. The Committee notes the Government's statement that it is not aware of the existence in Cuba of any "trade union library" belonging to the so-called CUTC and that the material confiscated from the mercenaries, in full compliance with the law and due process, did not include any library or documents relating to trade unions, trade unionism or labour rights, and that the confiscated material included: materials inciting subversion, written and printed by the United States Interests Section in Havana and the Cuban American terrorist mafia in Miami; equipment of which legal purchase could not be proven since they were brought in illegally or with a declaration of a false addressee in the country or illegally "donated" by the United States Interest Section in Havana, or bought with its money and which were being used to assist subversive conspiracy activities. 463. The Committee concludes that the Government admits that equipment was confiscated and has not specifically denied the confiscation of a computer, two fax machines and three typewriters and since it has failed in this second examination of the case to specifically explain exactly how it was used "to facilitate activities of subversive conspiracy", it is requested that this equipment be returned to its owners. Infiltration of state agents into the independent trade union movements 464. The Committee had previously noted the allegations of the ICFTU, stating that Aleida de las Mercedes Godines, Secretary of the Independent National Workers' Confederation of Cuba (CONIC), and Alicia Zamora Labrada, Director of the Trade Union Press, were two state security agents infiltrated into the trade union movement (the former for 13 years according to information received from the ICFTU). The Committee notes that the ICFTU has attached a press clipping from Gramma of 11 April 2003 that confirms these allegations. The Committee notes that, in this regard, the Government states: - Aleida de las Mercedes Godines and Alicia Zamora Labrada participated voluntarily in defending the security and independence of their country, against the policy of the embargo, hostility and aggression by United States imperialism; - they did not "infiltrate" any trade union organization. They merely studied and sought information regarding the modus operandi of the United States Interests Section in Havana, and the Cuban American terrorist mafia in Miami, in recruiting, funding and masterminding the conspiratorial activities of their mercenary groups, working on the island towards the overthrow of the national constitutional order; - they fully fulfilled their duty as citizens to protect the independence and security of the entire people, against the aggressive threats of the superpower and the mercenary activities of their paid agents; - the statements and declarations by these Cubans in themselves demonstrate that the activities carried out by the eight mercenaries mentioned in the ICFTU complaint were totally incompatible with freedom of association and the right to organize and with the labour rights championed by the ILO; and - should the Committee or the ICFTU still have any doubts as to why the Cuban Government must use its security bodies to defend itself, with the support and collaboration of all patriotic Cubans and of any person of dignity who is prepared to do so, they have only to consult the documents that have been declassified by the Central Intelligence Agency of a foreign power, regarding plans of aggression against Cuba, and numerous planned attacks against its prominent leaders, with the support of terrorist groups and gangs operating against the Cuban people. It would be of interest to examine the United States Helms-Burton and Torricelli Laws (which even lay down the outlines of the political and economic system that would be imposed on the Cuban people once the current constitutional order has been overthrown), or study the recent statements threatening aggression against Cuba by high-ranking officials of a foreign country. 465. The Committee notes that the Government's reply gives details of the duties of Aleida de las Mercedes Godines and Alicia Zamora Labrada in their voluntary collaboration in the security and independence of the country. The Government also describes the duties of the state security bodies and the general reasons justifying their actions (planned attacks, support for terrorist groups, etc). The Committee notes that the Government maintains, in general terms, that the activities of the convicted individuals mentioned in earlier paragraphs were incompatible with the exercise of the right to organize and labour rights. The Committee notes that the Government has not denied that Aleida de las Mercedes Godines was the Secretary of the CONIC and that Alicia Zamora Labrada was the Director of the Trade Union Press Agency Lux Info Press and, on the contrary, acknowledges that they were agents of the state security services. The Committee deplores the infiltration of security agents in the CONIC trade union organization or in a trade union press agency and urges the Government, in future, to comply with the principle of non-intervention or interference by the public authorities in the trade union activities embodied in Convention No. 87, Article 3. ICFTU allegations for 2001 and 2002 (threats against trade union members, sentencing of a trade union member to two years in prison, attempt by the police to prevent a trade union congress) 466. The Committee notes the Government's statement that it has already replied to the ICFTU allegations, in the context of Case No. 1961 which has been discontinued. The Committee emphasizes, however, that these ICFTU allegations (which are reproduced hereafter and relate primarily to the CONIC) do not appear in Case No. 1961 (submitted by the WCL). Therefore, the Committee urges the Government promptly to submit detailed comments on the following allegations: 2001 - On 26 January, Lázaro Estanislao Ramos, a delegate from the Pinar del Río branch of the Independent National Workers' Confederation of Cuba (CONIC), was threatened in his home by a state security employee, Captain René Godoy. The official warned him that his confederation had no future in Pinar del Río and that penalties against opposition would worsen, culminating, if necessary, in the disappearance of the dissidents. - On 12 April, Lázaro García Farra, a trade union member of CONIC, who is currently in prison, was brutally assaulted by prison guards. - On 27 April, Georgis Pileta, another independent trade union member in prison, was beaten by guards after he was sent to the punishment cells. - On 24 May, José Orlando Gonzáles Bridón, Secretary-General of the independent trade union Confederation of Democratic Workers of Cuba (CTDC), was sentenced to two years in prison for having "spread false information". - On 9 July, Manuel Lantigua, a trade union member of the CUTC, was beaten and stoned in the doorway of his home by members of the paramilitary group Rapid Response Brigades. - On 14 December, the homes of independent labour activists Cecilia Chávez and Jordanis Rivas were raided. Both were detained on a number of occasions by security forces and threatened with imprisonment if they continued their trade union activities. 2002 - On 12 February, Luis Torres Cardosa, trade union member and representative of CONIC, was arrested by three policemen at his home in the province of Guantánamo and taken to Unit No. 1 of the National Revolutionary Police (PNR), where he was interrogated. He was detained as a result of his opposition, along with others, to an official eviction notice of a dwelling. - On 6 September, CONIC held its second national meeting, amidst retaliation by the State. A massive operation was carried out by the political police to prevent the annual trade union assembly being held. The political police threatened trade union officials with possible charges of rebellion if there was any protest in the areas surrounding the premises where the assembly was being held. Moreover, they stopped all people trying to enter the building, asking for their identification and the reason why they were coming to that place. They also prohibited various trade union members from entering the building and violently expelled them from the surrounding areas. Recommendations 467. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations: (a) The Committee deeply regrets that the Government categorically rejects the possibility of a direct contacts mission. It further deplores that the Government has not sent the requested judgements with regard to the main issue in this case and therefore draws attention to the lack of will to cooperate fully in the proceedings. (b) The Committee urges the Government promptly to adopt new provisions and measures fully to recognize in legislation and in practice the right of workers to establish the organizations they deem appropriate at all levels (in particular, organizations independent from the current trade union structure), and also the right of these organizations freely to organize their activities. The Committee requests the Government to keep the Committee of Experts informed of progress in revising the Labour Code with regard to freedom of association and expects that this review will provide for the removal of any reference by name to the existing Trade Union Central and that it will provide for the establishment of trade unions, outside the existing structure, at all levels, if workers so desire. (c) The Committee urges the Government to take measures to amend legislation with regard to collective bargaining in the manner outlined in the conclusions, to ensure that collective bargaining in labour centres can take place without recourse to binding compulsory arbitration prescribed by the legislation and without interference by the authorities, organizations at a higher level or the CTC. (d) The Committee strongly expects that the Government will ensure that the right to strike can be exercised in an effective manner in practice and that nobody will be discriminated against or prejudiced in their employment for peacefully exercising this right. (e) Taking into account several earlier cases submitted to the Committee regarding harassment and detention of trade union members belonging to trade union organizations that are independent of the established structure, also taking into account the fact that the sentencing of seven trade union members was handed down in summary hearings of very short duration, and given that the Government has for the second time failed to send the requested copies of the criminal convictions handed down, the Committee urges the Government to take steps to release immediately the persons mentioned in the complaints: Pedro Pablo Alvarez Ramos (25 years); Carmelo Díaz Fernández (15 years); Miguel Galván (26 years); Héctor Raúl Valle Hernández (12 years); Oscar Espinosa Chepe (25 years); Nelson Molinet Espino (20 years); and Iván Hernández Carrillo (25 years) and to keep the Committee informed in this respect. (f) With regard to the allegations of the ICFTU, stating that Aleida de las Mercedes Godines, Secretary of CONIC, and Alicia Zamora Labrada, Director of the Trade Union Press, were two state security agents infiltrated into the trade union movement (the former for 13 years according to information received from the ICFTU), the Committee deplores the infiltration of security agents in the CONIC trade union organization or in a trade union press agency and urges the Government, in future, to comply with the principle of non-intervention or interference by the public authorities in the trade union activities embodied in Convention No. 87, Article 3. (g) The Committee requests the complainant organizations to send a copy of the statutes of CONIC and CDTC. (h) The Committee urges the Government to send detailed information on the following allegations, without delay: 2001 - On 26 January, Lázaro Estanislao Ramos, a delegate from the Pinar del Río branch of the Independent National Workers' Confederation of Cuba (CONIC), was threatened in his home by a state security employee, Captain René Godoy. The official warned him that his confederation had no future in Pinar del Río and that penalties against opposition would worsen, culminating, if necessary, in the disappearance of the dissidents. - On 12 April, Lázaro García Farra, a trade union member of CONIC, who is currently in prison, was brutally assaulted by prison guards. - On 27 April, Georgis Pileta, another independent trade union member in prison, was beaten by guards after he was sent to the punishment cells. - On 24 May, José Orlando Gonzáles Bridón, Secretary-General of the independent trade union Confederation of Democratic Workers of Cuba (CTDC) was sentenced to two years in prison for having "spread false information". - On 9 July, Manuel Lantigua, a trade union member of the CUTC, was beaten and stoned in the doorway of his home by members of the paramilitary group Rapid Response Brigades. - On 14 December, the homes of independent labour activists Cecilia Chávez and Jordanis Rivas were raided. Both were detained on a number of occasions by security forces and threatened with imprisonment if they continued their trade union activities. 2002 - On 12 February, Luis Torres Cardosa, trade union member and representative of CONIC, was arrested by three policemen at his home in the province of Guantánamo and taken to Unit No. 1 of the National Revolutionary Police (PNR), where he was interrogated. He was detained as a result of his opposition, along with others, to an official eviction notice of a dwelling. - On 6 September, CONIC held its second national meeting, amidst retaliation by the State. A massive operation was carried out by the political police to prevent the annual trade union assembly being held. The political police threatened trade union officials with possible charges of rebellion if there was any protest in the areas surrounding the premises where the assembly was being held. Moreover, they stopped all people trying to enter the building, asking for their identification and the reason why they were coming to that place. They also prohibited various trade union members from entering the building and violently expelled them from the surrounding areas. Cross references ILO Home NORMES home ILOLEX home Universal Query NATLEX For further information, please contact the International Labour Standards Department (NORMES) y email: (infonorm@ilo.org) Copyright © 2005 International Labour Organization (ILO) |
|||||||||