Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the Government's report, the written information transmitted to the Conference Committee in 1989 and the reply to the comments of the General Confederation of Workers (CGT) which dealt, among other matters, with the trade union rights of migrant workers and acts of anti-union discrimination.

I. Haitian workers in sugar plantations

For several years, the Committee has been requesting the Government to give effect to paragraph 473 of the report of the Commission of Inquiry of 1983 concerning the need to adopt provisions for the protection of workers engaged in sugar plantations against anti-union discrimination by employers and acts of interference by employers in workers' organisations.

In its comments, the CGT alleges that acts of violence have been committed against Haitian and Dominico-Haitian workers (the violent deaths of two Dominico-Haitian trade union leaders, forceable displacement, expulsion, the destruction of houses, the separation of cane-cutters from their families, the rape of Dominico-Haitian women), that dismissals occurred in the Romana and Bani free trade zones, that State Sugar Board circulars are not transmitted to the workers concerned and are not applied, and finally that the committee set up to examine the situation of agricultural workers has not yet met the trade union organisations concerned.

In its reply, the Government indicates that the right of association is a constitutional right and that no legal text prevents the national or foreign workers who are resident in the country from working freely and from joining trade unions, in accordance with the provisions of the Constitution and the Labour Code. As regards foreign workers who are illegal residents, it adds that they can produce and work but that they cannot join a trade union. Regarding the allegations of violence, the Government states that Haitian workers engaged in the Dominican Republic in sugar plantations do not suffer any anti-trade union discrimination by employers, as witnessed by the existence of trade unions in each of the enterprises of the State Sugar Board (CEA), the Casa Vicini and the Central Romana. As regards the death of Dominico-Haitian trade unionists, the Government indicates that one died in the attack on a batey for unknown reasons and the second committed suicide in his cell in the National Police Station, also for unknown reasons. Finally, no cases of rape have been reported, which proves the unfounded nature of this allegation.

Furthermore, the Government indicates that the circulars of the State Sugar Board have been widely disseminated in order to inform workers in plantations and bateys of their rights and the services available to them. As regards the committee responsible for examining the situation of agricultural workers, its members are pursuing their mission despite the departure of the workers' representative.

In view of the above, the Committee cannot but deplore the violence in industrial relations and hopes that appropriate measures will be put into effect, including recourse to the courts, in order to ensure complete financial and occupational compensation for the harm suffered by Haitian workers due to acts of anti-trade union discrimination. In this connection, the Committee notes the Government's statement to the effect that the authorities have the firm intention of carrying out the necessary administrative and legislative reforms, in accordance with the recommendations contained in the report of the 1983 Commission of Inquiry.

The Committee is bound once again to urge the Government to adopt in the near future the measures recommended in 1983 by the Commission of Inquiry concerning the protection of these workers against acts of anti-union discrimination by employers.

II. The need to strengthen measures protecting workers against anti-union discrimination and acts of interference

For several years, the Committee has noted that, although the legislation contains provisions in conformity with Articles 1 and 2 of the Convention (section 307 of the Code), the penalties provided by the law to enforce these provisions, which are limited to a fine of from 10 to 500 pesos (sections 678 (15) and 679 (6) of the Code) are quite insufficient and should be increased.

In its comments, the CGT alleges the dismissal of workers and trade union officers in certain enterprises (Coca Cola and Dole Dominica), and the dismissal of members of the Asociación Nacional de Trabajadores de Apoyo a la Educación, in order to prevent them from establishing trade unions.

In its reply, the Government indicates that the enterprise Coca Cola has concluded a new agreement with its workers which provides for an improvement of their terms and conditions of employment and the re-employment of the dismissed workers and trade union officers. The dismissal of the workers of Dole Dominica is not related to the establishment of a trade union. The workers and trade union officers of the Asociación Nacional de Trabajadores de Apoyo a la Educación were dismissed for abandoning their workplace without justification.

Furthermore, the Government states that it has the intention of extending the scope of section 37 and strengthening the provisions setting out penalties for violating this section. Furthermore, a Bill is currently being prepared that will guarantee the employment security of trade union officers during the exercise of their trade union functions.

While noting this information, the Committee of Experts, like the Committee on Freedom of Association (Case No. 1393, approved by the Governing Body at its February-March 1988 Session), is bound to urge once again the need to adopt appropriate measures to provide effective protection against acts of anti-union discrimination and interference, and in particular preventive measures, stronger penalties and the reinstatement of workers in their jobs.

III. Workers in agricultural undertakings employing no more than ten workers, excluded from the scope of the Labour Code

The Committee recalls that the exclusion of agricultural, agro-industrial, stock-raising and forestry enterprises from the Labour Code has the effect of enabling the employers in these small enterprises to evade the obligations laid down in section 307 of the Code. This section prohibits acts of anti-union discrimination and acts of interference by employers, and of excluding this category of workers from collective bargaining procedures.

The Committee urges the Government to take the appropriate measures to ensure workers engaged in these small enterprises the same protection against acts of anti-union discrimination and interference, accompanied by the same sufficiently dissuasive penalties as those that have been taken or will be taken in favour of workers covered by the Labour Code, and also to grant them the right to settle their terms and conditions of employment through collective bargaining with employers or employers' organisations.

The Committee once again requests the Government to indicate in its next report the measures that have been taken or are envisaged to bring its legislation into conformity with the Convention. [The Government is requested to supply full particulars to the Conference at its 77th Session.]