by Maybell Padilla Pérez
* Generally, we discussed the international conventions of the ILO, and we do away from the grounds which gave existence So this time, the board from a legal perspective, given in various international standards, where there are foreign conferences, conventions, protocols or agreements, among others, that support them. This interaction brings the consequence that, when breached an agreement which is a signatory to the State is concerned, This-in turn-breach signed papers form the basis of that convention. Consider the following:
Conventions Numbers:
29 (Forced Labour), 1930, and
105 (on the Abolition of Forced Labour), 1957.
Fundamentals of Law: Universal
• Declaration of Human Rights, adopted and proclaimed by General Assembly of the United Nations on December 10, 1948 (Articles 4 and 23.1).
• Declaration of the Rights and Duties of Man, adopted at the Ninth International Conference, 1948 (Art. XIV).
· International Covenant on Civil and Political Rights (ICCPR) adopted by the General Assembly of the United Nations on December 16, 1966 (Art. 8).
· International Covenant on Economic, Social and Cultural Rights (ICESCR), adopted by the General Assembly of the United Nations on December 16, 1966 (Art. 6).
• Protocol Additional to the American Convention on Human Rights in the Area of \u200b\u200bEconomic, Social and Cultural Rights (Protocol of San Salvador), signed by the OAS General Assembly in San Salvador, El Salvador, 17 November 1988 ( Section 6).
· Convention on the Elimination of Discrimination against Women, adopted and opened for signature, ratification and accession by General Assembly United Nations on 18 December 1979: Article 11, paragraph 1, paragraph a). Conventions
Numbers:
11 (on Freedom of Association-Agriculture-), 1921;
87 (on Freedom of Association and Protection of the Right to Organise
), 1948;
98 (on the Right to Organise and Collective Bargaining), 1949;
135 (on Workers 'Representatives), 1971;
141 (on the Rural Workers' Organizations), 1975;
151 (on Labour Relations in Public Administration), de1978 , and
154 (on Collective Bargaining), 1981.
Fundamentals of Law: Universal
• Declaration of Human Rights (Art. 20.1 and 23.4).
• Declaration of the Rights and Duties of Man (Article XXII).
· International Covenant on Civil and Political Rights (Art. 22.1, 2 and 3).
· International Covenant on Economic, Social and Cultural Rights: Article 8, paragraphs a) and d).
• Protocol Additional to the American Convention on Human Rights in the Area of \u200b\u200bEconomic, Social and Cultural Rights (Protocol of San Salvador): Article 8.
· Convention on the Elimination of Discrimination Against Women: Article 7-c). Conventions
Numbers:
100 (on Equal Remuneration), 1951 and
111 (on-Discrimination Employment and Occupation-), 1958.
Fundamentals of Law: Universal
• Declaration of Human Rights (Art. I, 2, 7 and 23.2).
• Declaration of the Rights and Duties of Man (Article II).
· International Covenant on Civil and Political Rights (Art. 26).
· International Covenant on Economic, Social and Cultural Rights: Article 3 and 7, headings i and ii.
• Protocol Additional to the American Convention on Human Rights in the Area of \u200b\u200bEconomic, Social and Cultural Rights (Protocol of San Salvador) Article 3 and 7, paragraphs a) and c).
· Convention on the Elimination of Discrimination Against Women: Article 11, subparagraphs 1, b), c) and d), 2, subsection a), and 15. Conventions
Numbers:
138 (Minimum Age), 1973, and
182 (Worst Forms of Child Labour), 1999.
Fundamentals of Law: Universal
• Declaration of Human Rights (Art. 25.2).
• Declaration of the Rights and Duties of Man (Article VII and XXXVII).
· International Covenant on Civil and Political Rights (Art. 24).
· International Covenant on Economic, Social and Cultural Rights (Art. 10.3).
• Protocol Additional to the American Convention on Human Rights in the Field of ESCR (Protocol of San Salvador): Article 7, paragraph f) and 16.
Convention No. 150 (on the Labour Administration), 1978.
Fundamentals of Law: Universal
• Declaration of Human Rights (Art. 8 and 10).
• Declaration of the Rights and Duties of Man (Article XVIII).
* * * If we make a brief analysis of the situation of human rights work, according to the known violations, can be summarized, among others, the following:
Do not allow the formation of independent unions. Maintain refusal of the State and the Cuban government to recognize and capture the growing legitimacy of the independent union movement.
Do not legalize or permit the strike or the lockout. Despite several agreements glimpse this right as a means for workers to obtain privileges that other ways would not be possible, the Cuban government strongly opposes the workers come to strikes and unemployment. This trend is extremely worrying, as the union spirit is lost, little by little, in the working class in these times. That is why the freshness of independent unions is critical, because the same maintain the democratic validity of the free countries of the world where the working class, united in trade unions, is a leader in the realization of the benefits of this important social sector,
· definitive Punish split or temporary transfer of jobs to those who exercise freely their right of speech, press, association or assembly.
· Violating current Health and Safety at Work, at tasks that require these resources, not to give to the workers.
· Contract Cuban workers in the case of joint investments or foreign capital, only through employment agencies controlled by the state, so young skilled workers are constrained to perform at such centers, which greatly reduces the options for them.
· systematically violate the Conventions and Recommendations of the International Labour Organization, especially the conventions numbers 87, 98 and 105, however they have been endorsed and ratified by the Cuban government. • Maintain
racial discrimination in areas where the currency is the dominant medium of exchange, mainly in tourism, where it is rare to find a black manager or occupying positions of responsibility. The same situation was observed with women in this sector, particularly if it is black.
· Discriminate, to hold certain positions or perform other, the incoming applicants, simply because they are young.
• Maintain the courses on to perform in-privileged sectors such as tourism-training centers of these entities. This brings the consequence that the young unemployed do not have the opportunity to join them and opt for these jobs. Courses of this nature enable various options for work in hotels and tourist facilities, which are the most commonly offered in the country, however, the same can not expect the mass of young people disengaged labor, because the personnel chosen for them is in a bag or should have links to a workplace of that nature.
· Forcing workers to submit a tip, or any part thereof, obtained by the good service.
° Obligations to employees who work on contracts of employment abroad (such as cruise ships, merchant ships and others) to pay a return ticket in foreign currency, for which they must devote part of their salary, this in addition to the party appropriates the Cuban State.
· Disrespect the right hierarchical scale in the stock nature centers connected to the previous vertical bar, a worker the same may be waiting a year or four or five to be called to work. At that time the employing entity claims the right to take it out of the bag, if you liked, but nothing happens. In that case the worker has no where to turn, and must go home, this time totally unemployed. This is the case of former sailors of the former Cuban Fishing Fleet and merchants, many of which have more than five years waiting for the call to a ship.
• Maintain the dual circulation, where the national currency worth 24 times less than the currency, with the disadvantage that the key to live-products from milk to the quilt to clean house, has to buy foreign currency. The money earned by the worker is not enough for the minimum subsistence thus causing the Cuban workers have to live "invent" to support his family.
* Generally, we discussed the international conventions of the ILO, and we do away from the grounds which gave existence So this time, the board from a legal perspective, given in various international standards, where there are foreign conferences, conventions, protocols or agreements, among others, that support them. This interaction brings the consequence that, when breached an agreement which is a signatory to the State is concerned, This-in turn-breach signed papers form the basis of that convention. Consider the following:
Conventions Numbers:
29 (Forced Labour), 1930, and
105 (on the Abolition of Forced Labour), 1957.
Fundamentals of Law: Universal
• Declaration of Human Rights, adopted and proclaimed by General Assembly of the United Nations on December 10, 1948 (Articles 4 and 23.1).
• Declaration of the Rights and Duties of Man, adopted at the Ninth International Conference, 1948 (Art. XIV).
· International Covenant on Civil and Political Rights (ICCPR) adopted by the General Assembly of the United Nations on December 16, 1966 (Art. 8).
· International Covenant on Economic, Social and Cultural Rights (ICESCR), adopted by the General Assembly of the United Nations on December 16, 1966 (Art. 6).
• Protocol Additional to the American Convention on Human Rights in the Area of \u200b\u200bEconomic, Social and Cultural Rights (Protocol of San Salvador), signed by the OAS General Assembly in San Salvador, El Salvador, 17 November 1988 ( Section 6).
· Convention on the Elimination of Discrimination against Women, adopted and opened for signature, ratification and accession by General Assembly United Nations on 18 December 1979: Article 11, paragraph 1, paragraph a). Conventions
Numbers:
11 (on Freedom of Association-Agriculture-), 1921;
87 (on Freedom of Association and Protection of the Right to Organise
), 1948;
98 (on the Right to Organise and Collective Bargaining), 1949;
135 (on Workers 'Representatives), 1971;
141 (on the Rural Workers' Organizations), 1975;
151 (on Labour Relations in Public Administration), de1978 , and
154 (on Collective Bargaining), 1981.
Fundamentals of Law: Universal
• Declaration of Human Rights (Art. 20.1 and 23.4).
• Declaration of the Rights and Duties of Man (Article XXII).
· International Covenant on Civil and Political Rights (Art. 22.1, 2 and 3).
· International Covenant on Economic, Social and Cultural Rights: Article 8, paragraphs a) and d).
• Protocol Additional to the American Convention on Human Rights in the Area of \u200b\u200bEconomic, Social and Cultural Rights (Protocol of San Salvador): Article 8.
· Convention on the Elimination of Discrimination Against Women: Article 7-c). Conventions
Numbers:
100 (on Equal Remuneration), 1951 and
111 (on-Discrimination Employment and Occupation-), 1958.
Fundamentals of Law: Universal
• Declaration of Human Rights (Art. I, 2, 7 and 23.2).
• Declaration of the Rights and Duties of Man (Article II).
· International Covenant on Civil and Political Rights (Art. 26).
· International Covenant on Economic, Social and Cultural Rights: Article 3 and 7, headings i and ii.
• Protocol Additional to the American Convention on Human Rights in the Area of \u200b\u200bEconomic, Social and Cultural Rights (Protocol of San Salvador) Article 3 and 7, paragraphs a) and c).
· Convention on the Elimination of Discrimination Against Women: Article 11, subparagraphs 1, b), c) and d), 2, subsection a), and 15. Conventions
Numbers:
138 (Minimum Age), 1973, and
182 (Worst Forms of Child Labour), 1999.
Fundamentals of Law: Universal
• Declaration of Human Rights (Art. 25.2).
• Declaration of the Rights and Duties of Man (Article VII and XXXVII).
· International Covenant on Civil and Political Rights (Art. 24).
· International Covenant on Economic, Social and Cultural Rights (Art. 10.3).
• Protocol Additional to the American Convention on Human Rights in the Field of ESCR (Protocol of San Salvador): Article 7, paragraph f) and 16.
Convention No. 150 (on the Labour Administration), 1978.
Fundamentals of Law: Universal
• Declaration of Human Rights (Art. 8 and 10).
• Declaration of the Rights and Duties of Man (Article XVIII).
* * * If we make a brief analysis of the situation of human rights work, according to the known violations, can be summarized, among others, the following:
Do not allow the formation of independent unions. Maintain refusal of the State and the Cuban government to recognize and capture the growing legitimacy of the independent union movement.
Do not legalize or permit the strike or the lockout. Despite several agreements glimpse this right as a means for workers to obtain privileges that other ways would not be possible, the Cuban government strongly opposes the workers come to strikes and unemployment. This trend is extremely worrying, as the union spirit is lost, little by little, in the working class in these times. That is why the freshness of independent unions is critical, because the same maintain the democratic validity of the free countries of the world where the working class, united in trade unions, is a leader in the realization of the benefits of this important social sector,
· definitive Punish split or temporary transfer of jobs to those who exercise freely their right of speech, press, association or assembly.
· Violating current Health and Safety at Work, at tasks that require these resources, not to give to the workers.
· Contract Cuban workers in the case of joint investments or foreign capital, only through employment agencies controlled by the state, so young skilled workers are constrained to perform at such centers, which greatly reduces the options for them.
· systematically violate the Conventions and Recommendations of the International Labour Organization, especially the conventions numbers 87, 98 and 105, however they have been endorsed and ratified by the Cuban government. • Maintain
racial discrimination in areas where the currency is the dominant medium of exchange, mainly in tourism, where it is rare to find a black manager or occupying positions of responsibility. The same situation was observed with women in this sector, particularly if it is black.
· Discriminate, to hold certain positions or perform other, the incoming applicants, simply because they are young.
• Maintain the courses on to perform in-privileged sectors such as tourism-training centers of these entities. This brings the consequence that the young unemployed do not have the opportunity to join them and opt for these jobs. Courses of this nature enable various options for work in hotels and tourist facilities, which are the most commonly offered in the country, however, the same can not expect the mass of young people disengaged labor, because the personnel chosen for them is in a bag or should have links to a workplace of that nature.
· Forcing workers to submit a tip, or any part thereof, obtained by the good service.
° Obligations to employees who work on contracts of employment abroad (such as cruise ships, merchant ships and others) to pay a return ticket in foreign currency, for which they must devote part of their salary, this in addition to the party appropriates the Cuban State.
· Disrespect the right hierarchical scale in the stock nature centers connected to the previous vertical bar, a worker the same may be waiting a year or four or five to be called to work. At that time the employing entity claims the right to take it out of the bag, if you liked, but nothing happens. In that case the worker has no where to turn, and must go home, this time totally unemployed. This is the case of former sailors of the former Cuban Fishing Fleet and merchants, many of which have more than five years waiting for the call to a ship.
• Maintain the dual circulation, where the national currency worth 24 times less than the currency, with the disadvantage that the key to live-products from milk to the quilt to clean house, has to buy foreign currency. The money earned by the worker is not enough for the minimum subsistence thus causing the Cuban workers have to live "invent" to support his family.
* Maybell Padilla Pérez: Guantanamera. She graduated from the Universidad de Oriente a BA in History (1973) and Law (1978). She taught in law schools of universities in East and Havana. Specialist in Labor Law. Worked as such in the Cuban Fishing Fleet. Former member of the current Agramontista. He is currently Director of the Bureau of Labor Independent Legal Advice (Bajilan) and Deputy Secretary General of Council of Cuban Workers (CUTC).
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