Haiti - PNH : «We must not confuse the right to organize and the right to strike» dixit Jurimedia

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Haiti - PNH : «We must not confuse the right to organize and the right to strike» dixit Jurimedia
21/02/2020 08:38:52

In order to clarify certain confusions and controversies about the claim of a union by agents of the National Police of Haiti (PNH), JURIMÉDIA, an independent and non-partisan organization of Haitian civil society engaged for more than 10 years, in promoting human rights and democratic governance in Haiti, wishes to note in particular the following points of law :

"The provisions of articles 276 and 276-2 of the Haitian Constitution in force establish that only international treaties not contrary to the Constitution can be ratified, and that once ratified, they form part of the national legislation with superiority on the laws. In this sense, no provision of an international or regional convention can oppose the application of a constitutional clause. No less than a law can contradict the Constitution."

[...] "The Haitian Constitution guarantees freedom of association (article 35-3) and specifies that the law will determine the limits of the right to strike (article 35-5). The right to organize is therefore not to be confused with the right to strike."

[...] Even if the ban on the establishment of a union were legally established without challenge, this principle would require the State to provide members of the police with an effective remedy for their grievances."

In view of the points of law raised, JURIMÉDIA "appeals to reason and to the sense of responsibility of all the actors involved in this new crisis" and encourages :
"

Protest agents of the PNH, whose complaints are entirely legitimate, to return to the institutional corridor of claim by filing a collective complaint and / or individual complaints with the OPC, for mediation formal;

The members of the Superior Council of the National Police (CSPN), to put aside their ego to reconsider the dismissal measures, apply other more flexible disciplinary measures (if necessary), form a Negotiating Commission which will have to meet with the protesters and the Office for the Protection of the Citizen (OPC) to discuss possible solutions, and in particular, the procedure to put on hold the clause of absolute prohibition of police union contained in the Decree on the statute especially members of the PNH;

The members of the CSPN to explore, during the negotiations initiated with the protesting agents of the PNH under the aegis of the OPC, the possibilities of identifying avenues for a text authorizing and supervising the police union, or failing this, the establishment of an internal Mediator of the National Police, who will be appointed for a three-year term from among three Divisional Commissioners proposed by the middle managers and agents of the PNH;

The Government to reassure all members of the PNH of their support by concrete acts and to set in motion an adequate strategy to curb the surges of acts of insecurity and the impunity enjoyed by armed gangs and bandits accused of blood crimes in several reports who are still on the streets;

The citizens on the alert and in solidarity to stop the infernal kidnapping machine and bring the authorities to assume their responsibilities.

"
See also :
https://www.haitilibre.com/en/news-30077-haiti-flash-claim-of-the-police-the-government-sets-up-a-crisis-cell.html
https://www.haitilibre.com/en/news-30069-haiti-flash-panic-and-violent-demonstration-of-police-offciers-in-port-au-prince.html
https://www.icihaiti.com/en/news-30064-icihaiti-politic-the-national-carnival-2020-maintained-in-port-au-prince.html
https://www.haitilibre.com/en/news-30061-haiti-flash-5-police-officers-dismissed-for-indiscipline-attack-on-the-honor-of-the-pnh-and-acts-of-vandalism.html
https://www.haitilibre.com/en/news-30051-haiti-flash-police-protesters-set-fire-to-champ-de-mars.html

HL/ HaitiLibre