May, 2008
The participants of the IV Conference for Social Corporate Responsibility address the international community to denounce the systematic violations of the human, economic, social and labor rights that take place in Cuba and to elicit the solidarity of democratic countries in the support of the Cuban people, under conditions of exploitation and persecution in its exercise of its right of freedom of expression, freedom of association and its right to gather.
Similarly, the participants show their concern about the attacks on and the regression of democracy currently being registered in Latin America and whose axis Havana – Caracas threatens the stability and democracy in the region, reaffirming their commitment to combat dictatorships of all types.
Particular emphasis will be paid to the intergovernmental organisms of the United Nations such as ILO, the Economic and Social Council, Global Pact and the Inter-American system of Human Rights.
Cuba continues to be a totalitarian country where labor rights do not exist and whose unionists are harassed and systematically condemned to long prison terms for simply defending their right to freedom of association.
Cuban authorities continue to recognize only one trade union -the CTC (Central de Trabajadores de Cuba)- which is controlled by the State and directed by the Communist Party, who chooses its leaders. Its most recent appointee was Salvador Valdes Mesa, former First Secretary of the Communist Party in Camaguey, named CTC’s General Secretary and later promoted to the Polit Buro -comprised of 22 members who control every single aspect of the life of more than 11 million Cubans.
By the same token, the CTC declares in its statutes that it recognizes the Communist Party as the sole rector organism of society –reiterated thus in its most recent congress.
The Cuban government imposes an employment and salary policy that is highly discriminatory and contrary to workers rights –according to international labor organizations. All indicate that the alleged salary reforms of lately (of which much has been speculated) will be put on hold –as published on Granma, the newspaper of the Communist Party, where is was mentioned that the salary increases will be selective to sectors considered a priority.
The ILO, and its different structures, has denounced the violations committed by the Cuban government in regards to the ILO conventions already ratified by Cuba. Case number 2258 has been the basic instrument by which ILO has formulated its case against the government’s violations existent in Cuban labor legislation and its application.
Case number 2258 demands the immediate and unconditional release from prison of all trade union leaders, the reformulation of Cuba’s Labour Code in accordance with fundamental conventions, and the acknowledgement of labor, union and collective bargaining rights. ILO has also officially solicited a direct-contact envoy, to which the Cuban Labor Minister has repeatedly refused. Just as he has not been willing to provide the files used to sentence trade union leaders to long prison terms, as requested on multiple occasions by the ILO’s Committee on Free Trade Unions.
Cuba’s 1995 Law #77 on Foreign Investment establishes that workers employed by foreign companies can only be hired through state owned employment agencies. Investors pay the agencies in dollars or euros and the agencies pay the workers in devalued Cuban pesos –thus retaining up to 98% of the workers salaries. Prior to being hired, workers’ political background is investigated and an affinity to the system must be proven –under such a principle as “political suitability”. The acceptance of these conditions turn investors into accomplices to the abuse and discrimination committed by the Cuban current government.
In light of all this, GIRSCC and the organizations, foundations, unions and participants in the IV Conference for Social Corporate Responsibility in Cuba held in San Jose Costa Rica on May 14th & 15th are convinced that international solidarity and the support and recognition of democratic unions are essential for the development of a free, just and democratic society.
We So Declare That:
1) After half a century of dictatorship, the Cuban government continues to harass, persecute and imprison members of the opposition including trade unions and labor leaders.
2) The Cuban people are systematically denied the internationally recognized inalienable human rights of freedom of expression, association and the freedom of assembly.
3) Free and democratic elections that ensure the independent representation of workers is nonexistent.
4) Independent organizations are prohibited; their affiliates and representatives are harassed, imprisoned and arbitrarily condemned to long prison sentences in subhuman conditions, for merely acting on the defense of democracy and the independent labor movement.
5) Current Cuban legislation impedes the practices of a free independent and democratic labor movement.
6) Minimal conditions which would permit the compliance with the 89 ILO conventions ratified by the Republic of Cuba and which the government of the island is solely responsible for implementation, execution and vigilance thereof, are non existent.
7) Both the International Labor Confederation (CSI) and International Labor Organization (ILO) have on multiple occasions expressed concern over the labor situation in Cuba and condemned the violations of workers rights. However, we have also observed a lack of continuity on the part of these institutions faced by the disregard of the Cuban authorities to such solicitations. It is therefore through this manner that we demand the Confederated Trade Unions of the Americas (CSA) -born of the fusion of ORIT and CLAT on March 29, 2008 in Panama City- as the most representative labor union of the region, exercise the solidarity and apply the necessary pressure on behalf of human and labor rights in Cuba.
We congratulate the CSI for adopting in its founding Congress the “Campaign for the Promotion and Defense if Labor/Union Rights and the Right of Collective Bargaining” amid the support of global unions and the ILO, and we place ourselves -along with the independent labor movement in Cuba- at its disposition and offer our support so that this campaign be fully executed in the most efficient manner possible serving to evaluate the violations and to assist in the complete restitution of the most basic of workers rights.
8) For the past five years the Cuban government has not complied with ILO’s solicitations of direct contacts in Case #2258, something required for on site evaluation and verification of the conditions under which the affiliates of the independent labor movement function versus the manner in which they should function.
9) On February 28th 2008, the Cuban government ratified the International Pact on Economic, Social and Cultural Rights. However, despite of what has been expressed by the Castro government’s officials, it has a long history of not abiding by its international commitments in these arenas, and so we shall continue in our commitment to see this Pact and these rights implemented and complied with.
10) The Cuban Law #77 on foreign investment and its subsequent disciplinary regulations are in violation of the internationally recognized basic labor/worker rights and the operations of foreign companies with economic interests in Cuba do not comply with the codes of conduct established in the aforementioned instruments -as well as others of particular vigilance, such as the Green Book of the European Union, the OCDE Code, Declaration Tripartita concerning ILO’s multinational companies and the Global Pact of the United Nations and of course the Universal Declaration of Human Rights.
11) The international solidarity and the support and recognition of the democratic labor unions are essential in achieving a free and democratic society.
For All of the Above: The IV Conference of GIRSCC Agrees:
