Report of the Committee of Experts on the Application of Conventions and Recommendations for the International Labour Conference 112th Session, 2024.
(Excerpt concerning Cuba)
Freedom of Association and Protection of the Right to Organise Convention, 1948
(No. 87) (ratification: 1952)
The Committee notes the observations of the Independent Trade Union Association of Cuba (ASIC) received on 4 March 2021, the Government’s reply received on 7 May 2021, as well as ASIC’s observations received on 22 September 2023 and the Government’s reply received on 29 November 2023. The Committee notes that ASIC alleges the imposition of restrictions on the freedom to work and the freedom to join trade unions through a new National Economic Activity Classifier, published on 10 February 2021 by the Ministry of Labour. This classifier, which covers 124 economic activities, limits own account work and includes prohibitions on activities of business associations, trade unions and other associations. According to ASIC, these restrictions violate the fundamental rights established in the present Convention and in the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), as well as statements of the United Nations and the Organization of American States (OAS) on human rights and are unacceptable to the independent trade union movement. The Committee notes that the Government firmly rejects ASIC’s allegations as false, because the new National Economic Activity Classifier does not impose restrictions on the free development of the non-state sector nor intends changing the list of permitted activities to prohibited activities. The Committee also notes the allegations made by ASIC in its observations received in September 2023, stating that the Government has applied collective agreements in a totally biased manner, favouring the organizations aligned with it – which are able to exercise their right to freedom of association – but excluding independent trade unions by treating democratic principles and labour rights with contempt. The Committee also notes that, according to ASIC, the Government severely restricts freedom of association by prohibiting the organization of independent trade unions, as well as restricting the exercise of the right to strike, while constraining workers to join the official trade union – the Worker’s Central Union of Cuba (CTC) – which results in systematic repression of members of the independent trade unions and a widespread failure to defend labour rights. The Committee also notes ASIC’s allegation that section 143 of the new Criminal Code, adopted on 1 September 2022, sets out custodial penalties for those who, while representing international non-governmental organizations, associations or any persons or legal entities, provide financial support to activities against the State and its constitutional order. According to ASIC, this adversely affects various civil society groups, including trade union members, self-employed workers, lawyers, independent journalists and so forth, especially those who receive foreign assistance. While noting that the Government essentially rejects the allegations made by ASIC and reiterates, as it has done on other occasions (see Case No. 3271 examined by the Committee on Freedom of Association), that their members are not genuine workers’ representatives, the Committee notes that the Government has not commented on the allegations concerning the new Penal Code in relation to custodial penalties The Committee requests the Government to provide its comments in this regard.
Trade union rights and civil liberties. The Committee recalls that, in its previous comments, it had expressed regret that the Government had not provided copies of the court rulings connected with specific cases of convictions of workers belonging to the Independent National Workers Confederation of Cuba (CONIC), persecution and threats of imprisonment against delegates of the Light Industry Workers’ Union (SITIL) and the confiscation of equipment and humanitarian aid sent from abroad to the Single Council of Cuban Workers (CUTC). The Committee noted the Government’s repeated indication that the trade unionists were convicted in accordance with the law, denying claims of violations of the Convention, and that, in its latest report, the Government claimed that the ILO supervisory bodies were being manipulated, while arguing that the Committee should not request information relating to Case No. 2258, which had been examined by the Committee on Freedom of Association. The Committee once again requests the Government to send copies of the above-mentioned rulings
Equal Remuneration Convention, 1951 (No. 100) (ratification: 1954)
Articles 1 and 2(2)(a) of the Convention. Definition of remuneration and work of equal value. Legislation. The Committee notes that the Government is examining amendments to the Labour Code and will take account of the Committee’s previous comments on: (i) the introduction of a concept of “remuneration” that, with a view to the application of the principle of equal remuneration for men and women for work of equal value, includes all the elements in Article 1(a) of the Convention; (ii) the amendment of section 2 of the Labour Code so as to give full effect to the expression of the principle of equal remuneration for men and women for work of “equal value”, as the current formulation is more restrictive than that of the Convention. The Committee hopes that the legislative reforms mentioned will be carried out in the near future and trusts that the comments that it has been making for several years will be taken fully into account. The Committee requests the Government to provide information on progress achieved in this respect.
The Committee is raising other matters in a request addressed directly to the Government.
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (ratification: 1965)
Article 1(1)(a) of the Convention. Legislation. Definition and prohibition of direct and indirect discrimination. The Committee notes the Government’s information in its report that article 42 of the 2019 Constitution sets forth that all persons shall be equal before the law, shall receive the same protection and treatment from the authorities and shall enjoy the same rights, freedoms and opportunities, without discrimination of any kind on grounds of sex, gender, sexual orientation, gender identity, age, ethnic origin, skin colour, religious belief, disability, national or regional origin, or any other personal condition or circumstance that implies a distinction detrimental to human dignity. All persons shall have the right to enjoy the same public spaces and service establishments. They shall also receive equal pay for equal work, without discrimination whatsoever. The violation of the principle of equality is prohibited and punishable by law; and that this covers direct and indirect forms of discrimination. The Government also adds that the country is going through a legislative process following the adoption of the Constitution, that the instruments to be assessed include the Labour Code and its regulations, and that the Committee’s comments will therefore be taken into account. The Committee welcomes this initiative and hopes that direct and indirect discrimination in employment and occupation will be explicitly defined and prohibited. The Committee requests the Government to provide information in this respect.
Discrimination based on sex. Sexual harassment. The Committee notes the Government’s indication that the legislative process of the revision of the Labour Code and its regulations will take into account the Committee’s comments in this area. The Government also reports that: (1) during 2018–2022, one complaint was processed for sexual harassment, the facts of which were not corroborated; (2) in 2021, the National Programme for the Advancement of Women was passed, which provides for more in-depth analysis with a gender perspective of issues such as violence and harassment at work; (3) the National Labour Inspection Office is training its inspectors to identify forms of sexual harassment in the workplace; and (4) the Federation of Cuban Women (FMC) together with the Cuban Institute of Radio and Television (ICRT) are carrying out a programme to help women, and the general population, to identify and combat all forms of discrimination, including harassment in the workplace. The Committee takes due note of the initiatives reported by the Government. The Committee requests the Government to take the necessary measures to include in labour legislation a provision that clearly defines and prohibits all forms of sexual harassment in employment and occupation, both quid pro quo and hostile work environment sexual harassment, and requests it to provide information on progress made in this respect. The Committee also requests the Government to: (i) assess the results of the above-mentioned programmes, and of the training for labour inspectors; and (ii) continue to provide information on the number of complaints of sexual harassment in employment and occupation made to the competent authorities, the sanctions imposed and remedies granted.
Discrimination on grounds of political opinion. The Committee notes the Government’s reference to the 2019 Constitution of the Republic, which recognizes freedom of the press (article 55) and the right of all persons to file complaints and requests with the authorities, which are bound to process them and provide appropriate, relevant and substantiated responses within the timelines and according to the procedures established by law (article 61). The Government also reports that between 2018–2022, the public services office, the Public Prosecution bodies and the courts of justice did not receive or process complaints concerning discrimination on political grounds, and that the Labour Inspectorate did not identify any such acts. The Committee notes this information and requests the Government to continue to provide information on cases of discrimination in employment and occupation on grounds of political opinion.
The Committee is raising other matters in a request addressed directly to the Government.
Minimum Wage Fixing Convention, 1970 (No. 131) (ratification: 1972)
Article 4(2) and (3) of the Convention. Consultations with organizations of employers or representatives of employers. With regard to its earlier comments, the Committee notes the Government’s indication that throughout the process of drawing up Decision No. 29 of 2020, approving the minimum wage in force in the country, consultations were held with the Confederation of Workers of Cuba (CTC) as the most representative organization of workers. In this context, the Committee requests the Government to take the necessary steps, within the framework of the functioning of the minimum wage fixing machinery, to ensure in future full compliance with the obligation to consult fully with the representative organizations of employers and workers concerned or, where no such organizations exist, representatives of employers and workers concerned, as provided by Article 4(2) and (3) of the Convention.
The Committee is raising other matters in a request addressed directly to the Government
Occupational Safety and Health Convention, 1981 (No. 155) (ratification: 1982)
The Committee notes the observations on the application of Convention No. 155 presented by the Independent Trade Union Association of Cuba (ASIC) received in 2022, as well as the Government’s response to those observations.
Articles 7, 9, 11(d) and 19(e) of the Convention. Holding of inquiries where cases of occupational
accidents appear to reflect serious situations. Enquiries by workers and their representatives, and their consultation on all aspects of OSH. The Committee notes that, in its observations, ASIC alleges that: (i) OSH conditions at the Saratoga Hotel, including deteriorating infrastructure, resulted in an explosion that caused the deaths of a significant number of workers on 6 May 2022; (ii) the hotel managers avoided taking responsibility for the accident; and (iii) consultations were not held with the workers concerning OSH.
The Committee notes with concern the Government’s indication that the accident resulted in the deaths of 32 hotel workers, as well as 16 passers-by and neighbours. The Committee also notes that the Government, in its reply to ASIC’s observations, indicates that: (i) in accordance with section 192 of the Labour Code, Act No. 116 of 2013, the National Labour Inspection Office began investigating the accident just hours after it occurred; (ii) during the investigation, infringements of the current legislation were detected and the responsibility of the undertakings was established; (iii) in the accident investigation report, the National Labour Inspection Office delivered instructions to re-establish compliance with the legal provisions that had been breached and required that the appropriate persons were held accountable; (iv) those responsible provided the National Labour Inspection Office with the plan of measures to remedy the infringements detected; and (v) the facts related to the accident are being investigated by the competent authorities, and the outcome of this police investigation will lead to the adoption of the appropriate procedural decisions. The Committee firmly hopes that the investigation into the accident that occurred more than one year ago will be concluded shortly and that this will make it possible to determine accountability and impose appropriate penalties. The Committee requests the Government to provide information in this respect. It also requests the Government to study the possibility of setting up a dialogue body with workers or their representatives in order to examine the necessary measures to be taken relating to OSH conditions, including in the hotel industry.
The Committee is raising other matters in a request addressed directly to the Government.