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Repetition Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons and imposition of effective penalties. In its previous comments, the Committee noted the adoption of Act No. 137-03 of 7 August 2003 concerning the unlawful trafficking of migrants and human trafficking, and also the setting up, within the office of the Attorney-General of the Republic, of the Department for Combating Human Trafficking. Nothing that, according to the International Organization for Migration (IOM), the Dominican Republic is still recognized as a country of origin, transit and destination of victims of trafficking and that there are large numbers of victims, estimated at 50,000 persons, the Committee asked the Government to send copies of any court decisions imposing penalties on the perpetrators and send information on any measure taken to combat this phenomenon. In view of the lack of a reply from the Government, the Committee again requests the Government to supply the information that was previously requested.Vulnerability of Haitian migrant workers to the imposition of forced labour. The Committee noted the joint observations made by the Autonomous Confederation of Workers’ Unions (CASC), the National Confederation of Trade Union Unity (CNUS) and the National Confederation of Dominican Workers (CNTD) on the application of the Convention, which were communicated to the Government on 23 September 2010. In their observations the trade union organizations referred to above indicated that, despite the signing of an agreement between the Dominican Republic and Haiti on contractual conditions to be applied to workers with a view to putting a stop to unauthorized work and illegal migration, Haitian workers continue to enter and reside in the Dominican Republic undocumented, which reinforces the vulnerability of their situation and the impossibility of asserting their rights. Many of them come voluntarily to the Dominican Republic and then find themselves in a situation of forced labour in the service, construction and agriculture sectors. The trade union organizations refer to the document concerning the quest for decent work and the experience of migrant workers in the construction sector in the Dominican Republic. This document emphasizes that a vast majority of workers interviewed stated that, although they have entered the Dominican Territory voluntarily, they found themselves later trapped in a situation of forced labour, by means of debt contracted with the employer. The document describes in particular the various methods used by certain employers to keep these workers in the debt spiral. The Committee requests the Government to reply to these allegations and provide information on the measures taken to ensure that Haitian migrant workers enjoy the protection afforded by the Convention.
The Committee notes that Article 41 of the new Constitution adopted on 26 January 2010 prohibits slavery, servitude and the trafficking in persons, in all their forms. It notes the joint observations made by the Autonomous Confederation of Workers’ Unions (CASC), the National Confederation of Trade Union Unity (CNUS) and the National Confederation of Dominican Workers (CNTD) on the application of the Convention, which were communicated to the Government on 23 September 2010. Finally, the Committee notes that the Government’s report does not reply to its previous direct request.
Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons and imposition of effective penalties. In its previous comments, the Committee noted the adoption of Act No. 137-03 of 7 August 2003 concerning the unlawful trafficking of migrants and human trafficking, and also the setting up, within the office of the Attorney-General of the Republic, of the Department for Combating Human Trafficking. Nothing that, according to the International Organization for Migration (IOM), the Dominican Republic is still recognized as a country of origin, transit and destination of victims of trafficking and that there are large numbers of victims, estimated at 50,000 persons, the Committee asked the Government to send copies of any court decisions imposing penalties on the perpetrators and send information on any measure taken to combat this phenomenon. In view of the lack of a reply from the Government, the Committee again requests the Government to supply the information that was previously requested.
Vulnerability of Haitian migrant workers to the imposition of forced labour. In their observations the trade union organizations referred to above indicate that, despite the signing of an agreement between the Dominican Republic and Haiti on contractual conditions to be applied to workers with a view to putting a stop to unauthorized work and illegal migration, Haitian workers continue to enter and reside in the Dominican Republic undocumented, which reinforces the vulnerability of their situation and the impossibility of asserting their rights. Many of them come voluntarily to the Dominican Republic and then find themselves in a situation of forced labour in the service, construction and agriculture sectors. The trade union organizations refer to the document concerning the quest for decent work and the experience of migrant workers in the construction sector in the Dominican Republic. This document emphasizes that a vast majority of workers interviewed stated that, although they have entered the Dominican Territory voluntarily, they found themselves later trapped in a situation of forced labour, by means of debt contracted with the employer. The document describes in particular the various methods used by certain employers to keep these workers in the debt spiral. The Committee requests the Government to reply to these allegations and provide information on the measures taken to ensure that Haitian migrant workers enjoy the protection afforded by the Convention.
Articles 1 (paragraph 1), 2 (paragraph 1), and 25, of the Convention. Trafficking in persons and imposition of effective penal sanctions. The Committee noted previously that pursuant to Act No. 137-03 on the unlawful trafficking of migrants and human trafficking, a number of measures had been taken to prevent and combat human trafficking including two judgements of the courts of Santiago and Santo Domingo imposing prison sentences and fines. The Committee requested the Government to provide copies of the abovementioned judgements together with information on any other measures taken or envisaged to combat human trafficking. The Committee notes that the Government has not supplied the information requested.
The Committee observes that trafficking in persons is a serious violation of the Convention. It takes due note of the adoption of a constitutional provision prohibiting all forms of human trafficking. The Committee hopes that in its next report the Government will provide the information requested in view of the fact that, according to information from the International Organization for Migration (IOM), the Dominican Republic is still recognized as a country of origin, transit and destination of victims of trafficking, and that there are large numbers of victims, estimated at 50,000 persons.
The Committee takes note of the detailed information sent by the Government in its report in reply to the matters raised previously.
Article 2, paragraph 1, of the Convention. 1. Situation of Haitian workers in sugar plantations. The Committee has several times expressed its concern at the conditions under which Haitian workers are hired and work in sugar plantations and has asked the Government for information on progress made in legalizing the status of Haitians who work and live in the Dominican Republic, so that they enjoy the necessary guarantees to choose their employment and working conditions freely. The Committee observed that the uncertainty surrounding the legal status of these workers, denied work or residence permits by the authorities and consequently liable to expulsion at any time, put them in a vulnerable situation in which they were open to abuse and practices likely to undermine the protection provided by this Convention.
In its previous comments, the Committee noted observations by the International Confederation of Free Trade Unions (ICFTU) alleging that Haitian workers in sugar cane plantations have no legal status in the country and are totally at the mercy of their employers. According to the ICFTU, these workers live in constant fear of deportation or violence on the part of the authorities, their living and working conditions are deplorable and they have no legal means of redress.
The Committee notes that in its report, the Government indicates that pursuant to the new Migration Act (No. 285 of 2004), the National Migration Council is issuing temporary visas to all foreign nationals working in the Dominican Republic, and is in contact with the Haitian Embassy with a view to legalizing the status of Haitian nationals. The Committee notes with interest the information sent by the Government on the legal means of redress available to foreign workers who have been unlawfully hired and whose rights have been abused. The Committee notes the Government’s information that the case law of the Supreme Court of Justice holds that foreign workers with no legal status will not be required to pay a surety to be able to claim labour indemnities and other rights. The Committee asks the Government to provide the text of the Supreme Court’s decision (B.J.1042 of 17 September 1997). The Committee also notes the labour court’s decisions passed in favour of Haitian workers who had filed labour claims.
The Committee notes Decision No. 1 of 2005 by the National Wages Committee setting the minimum wage of workers in the sugar industry. It also notes that, according to the Government, the statutory minimum wage for workers in the sugar industry is paid weekly to Haitian and Dominican workers and that the amount is established by agreement between the representatives of workers and employers in the sugar sector.
The Committee observed previously that, following the adoption of Act No. 141-97 on the reform of public enterprises, the Executive has allowed sugar plantations to be contracted out to private enterprises. So that it could ascertain that no form of forced labour is practised in sugar plantations, whether owned by the State or by private companies, the Committee requested the Government to provide information on the situation of Haitian workers employed in these undertakings and in particular on the conditions under which they are hired, the nature of their contracts, the manner in which payment of their wages is determined, etc. It also asked the Government to provide copies of reports on inspections carried out in plantations to assess how labour legislation is applied there, the number and nature of the infringements reported and the penalties applied as a consequence.
The Committee notes from the information supplied by the Government, inter alia, that contracts concluded between Haitian workers and the sugar plantations are fixed-term contracts for 90 days and are subject to the provisions of the Labour Code and the collective agreement concluded by the company and the union. The Committee also takes note of the inspection reports sent by the Government.
The Committee hopes that the Government will continue to provide information on any other measures taken or envisaged to ensure that Haitian workers in sugar plantations are provided with the protection established in the Convention and the national legislation.
2. Trafficking in persons for exploitation. The Committee asked the Government to provide information on the growing phenomenon of human trafficking in the Dominican Republic and the manner in which Act No. 137-03 is applied in practice, indicating any difficulties encountered by the public authorities in combating the trafficking in persons and, if appropriate, any measures taken to resolve them. It also asked for information on the number of persons prosecuted and punished pursuant to section 3 of the abovementioned Act, and on plans and programmes adopted to prevent human trafficking.
In its report, the Government indicates that pursuant to Act No. 137-03, various measures have been taken to prevent and combat trafficking. The Attorney-General of the Republic has set up a department to combat human trafficking which, together with the judicial authorities, has punished breaches of the law with fines and prison sentences. Decisions Nos. 126 and 127 of May 2005, handed down by the courts of Santiago and Santa Domingo, imposed fines and prison sentences. The Committee requests the Government to provide copies of the abovementioned decisions together with information on any other measures taken or envisaged to combat human trafficking.
3. The Committee notes the information sent by the Government regarding the issue of the overtime worked in export processing zones and the freedom of state workers to leave their employment.
1. Articles 1 and 2, paragraph 1, of the Convention. Freedom of career members of the armed forces to leave their service. In its previous comments, the Committee noted, from the information provided by the Government, that there were no criteria for the acceptance of the application for resignation which members of the armed forces may make under section 205 of the Organic Act on the armed forces (Act No. 873 of 31 July 1978). In practice, members of the armed forces who do not have the rank of officer sign a contract of engagement in accordance with which they are under the obligation to serve the State for four years (section 32 of the Act) and may therefore leave voluntarily upon completion of each contract. The Committee would be grateful if the Government would indicate whether these members of the armed forces are able to resign before the expiry of their contract. Please provide information on cases in which any such application has been made, the decision taken and, where appropriate, any penalties which could be applied.
2. The Committee would be grateful if the Government would provide information on the comments made by the International Confederation of Free Trade Unions (ICFTU) relating to the situation of workers in export processing zones who are compelled to work additional hours, often by locking them in their enterprise, and the fact that new workers in these enterprises are not informed of the optional nature of additional hours (the comments were forwarded to the Government in November 2002 and it has not replied to them).
The Committee notes the Government’s latest report and observes with regret that it does not contain any reply to the comments made by the International Confederation of Free Trade Unions (ICFTU) on the application of the Convention. The Committee notes that these comments were forwarded to the Government in November 2002. In view of the seriousness of the comments, the Committee requests the Government to communicate its reply with its next report to be provided in 2005, taking particular account of the following matters.
Article 2, paragraph 1, of the Convention. Situation of Haitian workers in sugar cane plantations. In its comments, the ICFTU indicates that Haitian workers in sugar cane plantations often work under conditions approximating slavery as they have no legal status in the country and are totally at the mercy of their employer. Several reports indicate that the clothing and property of these workers are kept locked up and their wages retained so that they cannot leave. According to the ICFTU, these workers are in constant fear of being deported or suffering violence from the authorities and are subjected to deplorable living and working conditions, without any means of recourse.
The Committee has on several occasions expressed concern at the conditions governing the hiring and work of Haitian workers in sugar cane plantations and it requested the Government to provide information on the progress achieved in the regularization of the status of Haitian nationals working and living in the Dominican Republic so that they benefit from the necessary guarantees to be able to choose their employment and working conditions freely. The Committee considered that the uncertainty related to the legal status of these workers, to whom the authorities did not grant residence or work permits and who could therefore be expelled at any time, placed them in a situation of vulnerability which facilitated abuse and practices which impair the rights protected by the Convention.
The Committee notes that, following the adoption of Act No. 141-97 reforming public enterprises, the executive authorities have authorized the concession of sugar plantations to private enterprises, following international tenders. The ten state sugar companies which were administered by the State Sugar Board (CEA) were conceded to private enterprises in 1999. However, the Committee understands that the State recently took back control of three sugar companies with a view to undertaking a rehabilitation, diversification and development project of the state sugar industry with the objective of producing fuel and electrical power from sugar cane, a project formulated with the participation of the United Nations Food and Agriculture Organization (FAO). With a view to ascertaining that no form of forced labour is practised in sugar cane plantations, whether they are the property of the State or of private entrepreneurs, the Committee requests the Government to provide information on the situation of Haitian workers employed there, and particularly on the conditions under which they are hired, the nature of their contracts, the manner in which their wages are determined and paid, etc. It would also be grateful if the Government would provide copies of reports relating to inspections carried out in plantations so that it can assess the manner in which the labour legislation is applied, the number and nature of the infringements reported and the penalties imposed as a result.
Article 2, paragraph 1. The trafficking of persons. In its comments, the ICFTU indicates that the trafficking of women and children with a view to their prostitution is a serious problem. Trafficking takes on several forms: women are victims of trafficking with a view to prostitution in other Latin American and European countries; women and children are the victims of trafficking with a view to their prostitution within the country; and women and children are removed from Haiti to the Dominican Republic to engage in begging. The ICFTU adds that there are severe penalties for the trafficking of persons and that the Government has made progress in its effort to eliminate the trafficking of persons, but that this practice remains widespread.
The Committee notes in this respect that Act No. 137-03 on the smuggling of migrants and the trafficking of persons entered into force on 7 August 2003. It notes with interest that, under the terms of section 3, the trafficking of persons is penalized by a sentence of imprisonment of between 15 and 20 years and a fine of 175 times the minimum wage. The Act also contains provisions on the assistance and protection that has to be provided to the victims of trafficking (advice, information on rights, accommodation, medical care, access to education, training and employment) and the measures which have to be taken to prevent the phenomenon of trafficking (implementation of policies, plans and programmes, development of national and international cooperation). The Committee requests the Government to provide information in its next report on the extent of the phenomenon of the trafficking of persons in the Dominican Republic and the manner in which Act No. 137-03 is applied in practice. In particular, please provide information on any difficulties encountered by the public authorities in combating the trafficking of persons and, where appropriate, the measures adopted to resolve them, as well as on the number of persons prosecuted and penalized under section 3 of the Act, and on the plans or programmes which have been adopted to prevent the trafficking of persons.
The Committee is addressing a request directly to the Government on another point.
[The Government is asked to reply in detail to the present comments in 2005.]
With reference to section 32 of the Basic Law on the Armed Forces, No. 873, 31 July 1978, under which enlistment into the armed forces is by a contract concluded by the Dominican State and the person concerned for a period of four years, completion of which is compulsory, the Committee notes the information supplied by the Government to the effect that it is studying the possibility of amending section 32 of the Basic Law on the Armed Forces, No. 873, to reduce the period of compulsory service to two years. The Committee asks the Government to provide information on the abovementioned amendment.
The Committee notes the information provided in reply to its direct request on Article 2, paragraph 2(c), of the Convention.
Article 1 and Article 2, paragraph 1. The Committee notes the information provided in the Government's report to the effect that, in accordance with section 32 of the Organic Act on the Armed Forces, No. 873 of 31 July 1978, recruitment to the armed forces takes place under a contract concluded between the Dominican State and the person concerned for a period of four years. In this respect, the Committee reiterates that the four-year term does not correspond to the concept of a reasonable period required for the termination of the labour relationship of non-commissioned members of the armed forces. The Committee suggests that the Government examine the possibility of amending the legislation to reduce the duration of enlistment and, for example, bring it into line with the two-year period envisaged for the appointment of officials to positions of command in accordance with sections 44, 46, 47 and 48 of the Organic Act on the Armed Forces.
With regard to the acceptance of applications for voluntary retirement by officers in the armed forces at the discretion of the Head of State, the Government is aware that leaving the acceptance of voluntary retirement to the discretion of the Head of State does not appear to guarantee the freedom of officers to leave the service at their own initiative. However, the Government points out that, if the person concerned is not in agreement with a refusal to accept retirement, the decision can be appealed in the courts. It states that in practice no difficulty has ever arisen concerning the acceptance of voluntary retirement. Furthermore, such cases of voluntary retirement are not frequent, in view of the social prestige represented by the uniform as well as the economic situation in the country. In this respect, the Committee requests the Government to keep it informed of any amendment to the legislation in the sense referred to above and recalls that the effect of statutory provisions preventing termination of employment by any worker by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention.
1. With regard to the situation of Haitian workers on sugar-cane plantations in the Dominican Republic, the Committee refers the Government to its comments on Convention No. 105.
2. Prison labour. In earlier comments, the Committee asked the Government to provide information on the application in practice of section 65 of Act No. 224 respecting prison rules, under which prison workshops may be contracted out to employers, private individuals or enterprises if the State is unable to set them up or operate them.
The Committee notes that the Government's report contains no information on this matter and recalls that under Article 2, paragraph 2(c) of the Convention, prison labour does not constitute forced labour provided that it is carried out under the supervision and control of a public authority and that the person concerned is not hired to or placed at the disposal of private individuals, companies or associations.
The Committee has pointed out that prison labour for private individuals may be compatible with the Convention to the extent that the labour relationship can be assimilated to a free labour relationship, in other words, if the persons concerned voluntarily accept such employment and subject to appropriate guarantees such as the payment of normal wages and social security, consent of trade unions, etc.
The Committee notes that under section 57 of the Act respecting prison rules, work shall be compulsory for any prisoner convicted by a final decision and that anyone refusing to work shall be punished by disciplinary sanctions.
The Committee asks the Government to provide information on the conditions of the work carried out in prison workshops contracted out to employers, private individuals or enterprises, as regards the consent of the prisoners to such employment relationships, the level of remuneration and the other conditions of work such as working hours, social security, etc. The Committee asks the Government to state whether there is a work contract between the prisoner and the employer and, if so, to provide a copy of such contract.
3. Freedom of workers in the service of the State to terminate their employment. The Committee noted the Government's earlier information to the effect that there were no provisions establishing criteria for the acceptance of voluntary retirement of members of the armed forces but that, in practice, servicemen other than officers undertake to serve for four years, after which they may retire voluntarily. In the case of officers, acceptance of retirement depends on the Head of State.
The Committee asked the Government to provide information on cases where applications from officers of the armed forces were refused, and observed that leaving the acceptance of voluntary retirement to the discretion of the Head of State did not appear to guarantee the freedom of officers to leave on their own initiative. As for servicemen other than officers, the four-year period does not appear to be compatible with the notion of the "reasonable period required for the termination of the labour relationship".
The Committee notes that the Government's report does not contain the information requested and hopes that the Government will provide information on the measures taken or envisaged to ensure that members of the armed forces may leave the service, in peacetime, by means of notice or at certain intervals.
1. Article 2, paragraph 2(c), of the Convention. In its previous direct request the Committee asked the Government to indicate whether the work performed by detainees is supplied by the State or by private individuals or enterprises.
In its report the Government indicates that the work of detainees is supplied by the State, in accordance with the relevant legislation (section 58 of Act No. 244 respecting prison rules). The Committee observes that under section 65 of the same Act prison workshops may be contracted out to employers, private individuals or enterprises if the State is unable to set them up or operate them.
The Committee asks the Government to provide information on the practical effect given to section 65 of Act No. 244 respecting prison rules.
2. Freedom of workers in the service of the State to terminate their employment. In its previous direct request the Committee asked the Government to provide a copy of the provisions governing the criteria for the acceptance of retirement applications from members of the armed forces, envisaged in section 205 of Organic Act No. 873.
The Committee notes the Government's indication that no such provisions exist but that, in practice, servicemen other than officers undertake to serve for four years, after which soldiers or policemen may retire voluntarily by submitting a written application to their supervisor. Officers may apply for voluntary retirement at any time and acceptance depends on the Head of State, who usually gives his consent.
The Committee observes that the four-year period applying to servicemen other than officers does not appear to be in keeping with the notion of the "reasonable period" required for the termination of the labour relationship, and that the lack of any provisions for officers, which means that acceptance of applications for voluntary retirement is left to the discretion of the Head of State, makes it impossible to ascertain whether the freedom of these servicemen to leave on their own initiative is guaranteed in practice.
The Committee asks the Government to provide information on the situation of career servicemen, other than officers, who in the last two years have applied to leave the service before completion of the four year period, and of officers whose applications for retirement have been refused during the same period.
1. Article 2, paragraph 2(c), of the Convention. In its previous comments, the Committee requested the Government to supply detailed information on the system of prison work, and in particular on the organization of this work, on work centres, on the number of prisoners involved, on the conditions under which they work, the destiny of the products which they make and the services that they perform.
The Committee notes the information contained in the report on the system of prison work of the General Directorate of Prisons, which was supplied by the Government. According to this information, work in prisons is fairly low; 180 detainees are covered by the system of prison work out of a prison population of 9,033.
The Committee requests the Government to state whether the work performed by detainees is supplied by the State (section 58 of Act No. 244 respecting prison rules) or by private individuals or enterprises, as permitted by section 65 of the same Act.
2. Freedom of workers in the service of the State to terminate their employment. With reference to the voluntary retirement of career military personnel, the Committee requests the Government to supply copies of the provisions governing the criteria for the acceptance of retirement applications from members of the armed forces, which are envisaged under section 205 of Organic Act No. 873.
3. The Committee notes Act No. 14-91 respecting civil service and administrative careers.
The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters:
1. Article 2, paragraph 2(c), of the Convention. In its previous direct request, the Committee requested the Government to supply detailed information on the system of prison work, and in particular, on the organisation of this work, on work centres, on the number of prisoners involved, on the conditions under which they work and on the services that they perform.
The Committee notes, from the Government's indications in its report, that there are no legal provisions explicitly prohibiting placing prisoners at the disposal of private individuals, companies or associations, and that, in the event of a provision of this nature being adopted, it will be forwarded to the ILO. The Committee requests the Government to continue supplying information on this matter.
2. Freedom of workers in the service of the State to terminate their employment. With reference to the voluntary retirement of career military personnel, the Committee notes that the Government refers once again in its report to voluntary or compulsory retirement, but that copies of the provisions governing the criteria for the acceptance of retirement applications have not been supplied.
The Committee requests the Government to supply copies of the provisions governing the criteria for granting voluntary retirement to members of the armed forces, as set out in section 205 of Organic Act No. 873.
3. The Committee notes that a Bill respecting civil service and administrative careers, governing the relationship between the State and its employees, is before the Senate of the Republic for discussion and adoption. The Committee requests the Government to supply a copy of the Act respecting civil service and administrative careers once it has been adopted.
Haitian workers in the sugar-cane harvest. See the observation under Convention No. 105, as follows:
A. Employment in sugar-cane plantations
In comments made since 1984, the Committee has drawn attention to the need to take measures to ensure the observance of the Convention in sugar-cane plantations and to end the abuses committed against workers of Haitian origin, in accordance with the recommendations made in 1983 by the Commission of Inquiry set up to examine the observance of the Convention.
In October 1988, during a direct contacts mission to the Dominican Republic and Haiti undertaken at the request of the governments of the two countries, the Government of the Dominican Republic reaffirmed its will to take every measure to ensure that the situation of agricultural workers in general, and of those of foreign nationality in particular, responds increasingly to the Conventions it has ratified.
In the observation that it made in 1989, the Committee hoped that this undertaking by the Government would make possible real progress in the implementation of the necessary measures to resolve the problems noted. The problems linked to the fact that workers of Haitian origin are not granted a legal status were particularly brought to light by the round-ups of persons living in the Dominican Republic, made with the assistance of police officers and military personnel in order to remedy the shortage of labour for the cane harvest. The problems were aggravated by renewed immigration that was both illegal and managed by the State Sugar Board (CEA). The persistence of the problems noted emphasised the urgent need for the Government to adopt the measures recommended by the Commission of Inquiry in 1983 and recalled since then by this Committee. Three groups of measures appear of priority importance:
1. The regularisation of the status of Haitians who have lived and worked in the country for a given period of time and the issue of identity papers to persons born in the Dominican Republic (paragraph 527 of the report of the Commission of Inquiry). At the same time, economic promotion measures should make it possible to stabilise the labour force employed on plantations (paragraph 516).
2. The regularisation of the hiring procedure and residence in the country of workers entering the country to work on the sugar-cane harvest (paragraphs 521 and 522). In so far as the entry of new workers into the country is recognised as being necessary to the operation of the economy, measures should be taken by the Dominican Government, either within the framework of an inter-governmental agreement or outside it, so that the process operates in an orderly manner and the workers concerned enjoy the necessary safeguards concerning their free choice of employment and their terms and conditions of employment and so that the role played by the armed forces in this context may be ended. These measures should include the following:
(a) the determination of the number of workers whose engagement by the various employers would be authorised;
(b) the establishment of placement offices at appropriate locations where such workers seeking employment in the Dominican Republic could be hired for the sugar-cane harvest, and be given a medical examination and issued with the necessary documents (residence and employment permits);
(c) the provision of clear information to the workers concerned on their terms and conditions of employment, by means of individual contracts of employment or a written statement (which should also be available in Creole);
(d) the transportation of the workers engaged to their places of employment.
3. Protection by the competent authorities of the rights and freedoms of workers. In this connection, the Government should take the necessary measures to:
(a) prevent by all the means at its disposal the recurrence of round-ups of persons for work in plantations and enforce the application of appropriate sanctions to those responsible for such cases;
(b) ensure that labour legislation is applied to sugar-cane workers, in accordance with Basic Principle III of the Labour Code, under which labour legislation is of a territorial nature and applies to citizens of the Dominican Republic and aliens without distinction; the Committee refers to its comments regarding the labour inspection services under Convention No. 95;
(c) in addition, to set up in "bateyes" of the CEA and in private plantations, civil administration structures such as exist in other population centres. This presence of the public authorities should ensure in a more permanent manner than is possible in real terms through the labour inspectorate the protection of the rights of workers and their families in plantations, since they will no longer be dependent in all the areas of their lives exclusively on the employer's administrators, assisted by the rural police force.
The Committee hoped that the Government would supply detailed information on the measures that it had taken to this effect.
In a report received before the Conference in 1989, the Government indicated that the national authorities were examining possible measures to be adopted in the near future to regularise the recruitment, employment and labour of aliens residing in the country, and particularly to restrict as much as possible the illegal trafficking of Haitian workers and their subsequent exploitation in inadequate living and working conditions. The Government also indicated that it had not been possible to achieve full "Dominicanisation" of the harvesting operations in sugar plantations, despite the great efforts made to attract Dominican and resident Haitian agricultural workers and the measures taken to grant to the latter a legal and social status similar to that enjoyed by Dominicans. No further details have been provided regarding the measures stated to have been taken to grant to resident Haitian workers a legal status and even a status similar to that of Dominicans.
The Committee also notes the discussion held in the Conference Committee in 1989 concerning the application of Conventions Nos. 95 and 105 by the Dominican Republic. The Conference Committee, taking note of the direct contacts which took place in October 1988, expressed its extreme concern over the situation of Haitian workers in the Dominican Republic. It stressed that there had been no progress, either in terms of legislation or practice, on essential points raised over a number of years by the Commission of Inquiry, the Committee of Experts and the Conference Committee. The Dominican Republic had requested ILO assistance in order to ensure the application of the Conventions in both its legislation and in practice. In this regard, the Conference Committee considered that special efforts were called for so that the ILO could, as from the 1989-90 harvest, verify the situation and ascertain on the spot the improvements that had been promised but were still awaited. The Conference Committee insisted upon the need for the Government to take the necessary measures, whose implementation should be verified in practice. The Conference Committee also noted that the Government had requested ILO assistance in drawing up an agreement with Haiti concerning the migration of workers. The Conference Committee trusted that any agreement drawn up with ILO assistance would particularly heed the comments of the supervisory bodies. The Conference Committee also trusted that, whether or not such an agreement were concluded, the Government of the Dominican Republic would without delay take the measures necessary to give full effect to the comments made by the ILO supervisory bodies.
A mission of representatives of the Director-General of the ILO was due to visit the Dominican Republic and Haiti in August 1989 to give effect to the request for assistance, as noted by the Conference Committee. This mission, whose mandate was to include the implementation of the measures requested by the supervisory bodies, was cancelled after the Government of the Dominican Republic expressed its disagreement with the orientation of the mission. The Committee notes that since then, and during the whole of the 1989-90 harvest, the Government has failed to take the measures requested by the Conference Committee for the ILO to be able to verify the situation and ascertain on the spot the improvements that have been promised but are still awaited. As regards the measures that, according to the Government's report that was received before the Conference in 1989, were to have been taken in the near future to regularise the recruitment, employment and labour of foreigners resident in the country, the Government has supplied no report since the 1989 Conference on the provisions adopted.
The Committee expresses its extreme concern at the contradiction between the stated intentions of the Government and the absence of any information indicating that real progress has been achieved as regards the implementation of measures to ensure the observance of the Convention.
B. Matters not related to plantations
Article 1(c) of the Convention. The Committee referred in its previous comments to Act No. 3143 of 11 December 1951, as amended by Act No. 5225 of 1959, under which workers who have not completed their work on the agreed day or within the estabished time-limits, when they have been paid in advance for such work, are punishable by prison sentences involving compulsory labour.
The Committee notes the information supplied by the Government in its report received before the Conference in 1989 to the effect that Act No. 3143 has fallen into abeyance and that the authorities have envisaged repealing it. The Committee hopes that the Government will soon be able to report that this Act has been repealed.
Article 1(d). With reference to sections 370, 373, 374, 378, paragraph 16, and 679, paragraph 3, of the Labour Code, under which sentences of imprisonment involving compulsory labour may be imposed for participation in strikes, to which the Committee has referred in previous comments, the Government indicated in its report received before the Conference in 1989 that the necessary steps had been taken to amend or repeal these sections. The Committee hopes that the provisions referred to will soon be amended or repealed so as to ensure the observance of the Convention on this point. [The Government is asked to report in detail for the period ending 30 June 1990.]