Informe provisional - Informe núm. 172, Marzo 1978

112. The Committee has already examined several complaints of infringements of trade union rights in the Dominican Republic, presented by the World Confederation of Labour (WCL), the World Federation of Trade Unions (WFTU), the International Metalworkers' Federation (IMF), the National Union of Heavy Machinery Operators (SINOMAPE), the National Federation of Dockworkers, the Stevedores' Union (POASI) and the General Workers' Federation (CGT). These complaints were dealt with under Cases Nos. 672, 768, 802, 819 and 822. With regard to Case No. 672, the Committee submitted a number of conclusions to the Governing Body that appear in paragraphs 114 to 118 of its 131st Report and in paragraphs 300 to 312 of its 133rd Report. The Committee also examined Case No. 672 and Cases Nos. 768, 802, 819 and 822 in its 158th Report (paragraphs 300 to 332) in which it also submitted certain conclusions to the Governing Body.

1. 112. The Committee has already examined several complaints of infringements of trade union rights in the Dominican Republic, presented by the World Confederation of Labour (WCL), the World Federation of Trade Unions (WFTU), the International Metalworkers' Federation (IMF), the National Union of Heavy Machinery Operators (SINOMAPE), the National Federation of Dockworkers, the Stevedores' Union (POASI) and the General Workers' Federation (CGT). These complaints were dealt with under Cases Nos. 672, 768, 802, 819 and 822. With regard to Case No. 672, the Committee submitted a number of conclusions to the Governing Body that appear in paragraphs 114 to 118 of its 131st Report and in paragraphs 300 to 312 of its 133rd Report. The Committee also examined Case No. 672 and Cases Nos. 768, 802, 819 and 822 in its 158th Report (paragraphs 300 to 332) in which it also submitted certain conclusions to the Governing Body.
2. 113. Since then, further allegations have been received in connection with these cases. They have been made by the WFTU (communication of 6 July 1976), the National Union of Telephone Workers (communications of 26 July 1976 and 8 September 1977), the POASI and the CGT (joint communication of 26 April 1977) and the CGT (communication of 2 June 1977).
3. 114. The World Federation of Teachers' Unions also submitted allegations in a letter of 19 May 1976 (Case No. 847).
4. 115. The Government submitted certain information in a letter of 2 August 1977.
5. 116. The Dominican Republic has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1946 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Allegations examined by the Committee in its 158th Report

• Case No. 672
  117. 117 The outstanding allegations in this case (contained in a communication of the IMF dated 12 June 1971) deal with the arrest of Mr. Albuquerque, general secretary of the UNACHOSIN union and of 39 other members of that organisation.
  118. 118 The Government had replied that it had not taken action against any trade union leader for his union activities and that, if any official had been deprived of his freedom, it was for violation of laws in respect of public order or for common law offences.
• Case No. 768
  119. 119 Several trade unions of the Dominican Republic (SINOMAPE, POASI, CGT and the National Federation of Dockworkers) had alleged in communications of 17 October and 8 November 1973, 1 May and 20 August 1974, that the trade union rights of the POASI Union had been violated: rigging of elections with the assistance of the authorities, occupation of trade union premises by the police (the premises of other unions, such as Textil las Minas, FASACO, UNACHOSIN and CEMENTERA, were also occupied), arrest of the principal union leaders, preventing members from calling a meeting of the general assembly, confiscation and utilisation of Anion funds, etc.
  120. 120 In a letter of 28 November 1975, a group of trade unionists calling themselves the "majority group" of the POASI union communicated the text of a request addressed on 23 November 1975 to the Minister of Labour regarding the organisation of elections within the union in accordance with the union statutes and the Labour Code.
  121. 121 The CGT referred to other developments in the Dulcera Dominicana firm of Bolonotto Hermanos and Company, in Industrias Dominicanas and Company, in Los Navarros and Company, and in Ray-O-Vac Domicana Ltd.: sacking of trade unionists, police intervention, supply of firearms to an employer, attempted murder of a union leader by an employer, etc. According to the CGT, the authorities had also set up a parallel union in Puerto de Andrés at Boca Chica. The CGT also indicated various measures that had been taken in this connection.
  122. 122 The Government had stated that the POASI union had convened an ordinary general assembly in accordance with its statutes to elect its officers. These elections took place on 27 March 1973, under the supervision of officials of the Labour Department, and there had been no incident of any type. The officials reported that the ballot had taken place quite normally and that the list headed by Domingo Suero had been elected. The Government added that it had never intervened and would never intervene in the internal affairs of a union and that it had never impeded trade union activities. Concerning the allegations regarding the Dulcera Dominicana firm of Bolonotto Hermanos, the Government stated that the union of that enterprise was conducting its work normally, in accordance with the law, and enjoyed facilities made available by the employer for its meetings. According to the Government, it was untrue that dismissals had taken place in order to break up the union; when the enterprise ended the contract of a worker, it did so strictly in accordance with the law. Regarding the other allegations made in this case, the Government considered that they were unworthy of comment as they were inaccurate.
• Case No. 802
  123. 123 The SINOMAPE and the WFTU had alleged in communications of 17 and 30 September 1974 that the premises of the CGT had been stormed by the police on 15 September 1974 and that 43 union delegates and leaders of the CGT, including Francisco Antonio Santos, Secretary-General, Dionisio Martinez, Organisation Secretary, and Aguilés Maleno, member of the executive Committee, had been arrested.
  124. 124 The Government had made no specific reply concerning this case.
• Case No. 819
  125. 125 The SINOMAPE and the WFTU had stated in letters of 13 June and 31 July 1975 that three national leaders of the CGT had been arrested on 4 June 1975 and charged with activities prejudicial to state security: Francisco Antonio Santos, Secretary-General, Julio de Pena Valdez, Training Secretary, and Eugenio Pérez Cepeda, Claims and Disputes Secretary. The WFTU added that searches had taken place in the homes of Dionisio Martinez Vargas and Aguilés Maleno, who were being sought, and that the police were closely guarding the head offices of the CGT. In a letter of 10 October 1975, the WFTU had further stated that several trade union leaders had been arrested arbitrarily in August 1975 and that they included Juan Vargas, general secretary of the National Union of Telephone Workers.
  126. 126 The Government had pointed out in two communications, of 9 and 13 February 1976, that the trade union leaders mentioned in the complaints had been free for over two months.
• Case No. 822
  127. 127 In a communication of 14 November 1974, the WFTU alleged that Florinda Munoz Soriano, regional leader of the Federation of Christian Peasants' Leagues, had been shot dead by a foreman of landowner Pablo Diaz at Hato Viejo. Florinda Muñoz Soriano was leader of 500 workers and their families who were refusing to give up, under pressure from Pablo Diaz, land which they had possessed for over 50 years. Pablo Diaz allegedly employed the services of actual members of the police to repress peasants in the Hato Viejo area. The complainant added, in a letter of 16 July 1975, that many trade union leaders had been arrested, amongst them 17 peasant militants belonging to the Dominican Federation of Christian Peasants' Leagues (affiliated to the Autonomous Confederation of Christian Trade Unions) and the Organisation Secretary of the Central Azucarera Caterey (affiliated to the same organisation). On 5 July 1975, Dionisio Frias, peasants' trade union leader, was allegedly assassinated by landowner Virgilio Febes. This crime occurred in the district of El Cuey, in the province of Seygo.
  128. 128 In its communication of 20 February 1976, the Government had stated that the courts had held several hearings on the matter of the murder of Florinda Muñoz Soriano and that the case was still pending.
  129. 129 In its general comments, the Government stated that Conventions Nos. 87 and 98 were fully respected in its country and that workers were free to set up their organisations and elect their representatives. They were merely required to comply with the provisions of Volume 5 of the Labour Code (concerning trade unions) and with the administrative provisions set out in Resolutions Nos. 8/64 (establishing and regulating the registration of trade unions), 15/64 (relating to the creation of Confederations) and 37/64 (to the effect that general assemblies, in order to set up a union, elect officers, etc., have to be certified by an inspector of the Labour Department).
  130. 130 In its 158th Report, the Committee had noted that it had to deal with a situation which raised important problems as regards the basic principles of freedom of association and which seemed to affect numerous Dominican unions. The complaints had been received from several national and international trade union organisations and contained allegations regarding the arrest or even death (or attempted murder) of trade unionists, the occupation of trade union offices, intervention by the public authorities in internal union matters (particularly in trade union elections and the use of union funds), attempts to break up unions (particularly by the dismissal of trade unionists and the creation of a parallel union), and impediments to the legal exercise of the right to strike. Although the Government had submitted comments and information on several of these allegations, the Committee possessed insufficient information to enable it to reach conclusions regarding the substance of the various issues raised. Moreover, it had already examined on several occasions cases concerning the Dominican Republic which contained allegations similar to those made in the present case. In these circumstances, the Committee had considered that it would be very useful to apply the "direct contacts" procedure (provided for in paragraphs 20 and 21 of its 127th Report) which had been used on a number of occasions in the past.
  131. 131 On the recommendation of the Committee, therefore, the Governing Body had requested the Government to consider the possibility of giving its consent to the carrying out of a study in the Dominican Republic of the facts surrounding the complaints by a representative of the Director-General, who would report to the Committee thereon.

B. Latest developments

• Re-examination of these cases by the Committee
  132. 132 As no reply had been received from the Government, the Committee had invited it, in November 1976 and in February 1977, to give its early consideration to the request referred to in the previous paragraph and to communicate its decision in this connection as soon as possible.
  133. 133 By May 1977, the Committee had received no communication in this connection from the Government. It therefore decided to apply the special procedure provided for in paragraphs 23 and 24 of its 164th Report. Under this procedure, special mention had been made of Cases Nos. 672, 768, 802, 819 and 822 in paragraph 14 of its 168th Report and the Government had been immediately informed that the Chairman of the Committee would, on behalf of the Committee, make contact with its representatives attending the 63rd Session of the International Labour Conference, draw their attention to the particular cases involved and discuss with them the reasons for the delay in transmitting the observations requested. The chairman was then to report to the Committee on the results of such contacts. However, since the Government did not designate any representative to the 63rd Session of the Conference, the said procedure could not be applied.
       • New allegations
  134. 134 In its communication of 19 May 1976, the World Federation of Teachers' Unions alleged that, in spite of the ratification of Convention No. 87, government authorities deny teachers the right to join trade unions without prior authorisation; they do not officially recognise the Dominican Teachers' Association, refuse to negotiate working conditions with it and grant it no facilities for exercising its trade union rights.
  135. 135 In its letter of 6 July 1976, the WFTU listed the action taken against several union leaders, whose duties it described:
• - expelled from the country: Vladimir Blanco, Fernando de la Rosa, Efrain Sánchez Soriano and Carlos Tómas Fernández;
• - prevented from entering the country after attending an international trade union conference in Budapest: José Cristóbal Durán;
• - arrested: Juan Angel Santos Peña (since January 1974, although found not guilty by the court of first instance) and José Leonardo Enriquez (arrested in January 1972 and condemned to eight years of prison under the false accusation of having killed a police officer; an appeal has been lodged with the Supreme Court).
  136. 136 The complainants stated that the police constantly prevented the CGT from carrying out its activities: its premises had been stormed by the police on various occasions; its leaders Francisco Santos and Julio de Peña had been kept under arrest for 201 days; on 8 September 1975, the chief of police of the Dominican Republic had sent a circular to the directors of the sugar refineries requesting them to prevent CGT militants from working in the sugar plants. The WFTU further recalled that the premises of the POASI union had been occupied by the police since October 1973 and that the union was unable to organise free elections. The complainants added that the Minister of Labour had issued Administrative Resolution No. 13/74 which authorised the Government to intervene in trade union activities (see paragraph 139 below); the Supreme Court had ruled that this resolution was illegal but the authorities continued to apply it. The WFTU finally listed a large number of enterprises where the selective dismissal of union leaders and militants had taken place.
  137. 137 In its communications of 26 July 1976 and 8 September 1977, the National Union of Telephone Workers protested against the anti-union attitude adopted by the Dominican Telephone company, a subsidiary of the multinational enterprise Anglo-Canadian Telephone Company. The complainants gave the names and union functions of a large number of trade unionists who had been dismissed. Complaints presented to the labour authorities remained unanswered. The National Union of Telephone Workers further mentioned the arrest of Juan Vargas, Secretary-General of the organisation, and of another leader, Ricardo Borges; it added that, when the workers attempted to set up a picket in order to protest against the arrest of the Secretary-General, the company called the police and threatened to dismiss those who were protesting. According to the complainants, the company also refused to implement several clauses - cited by the complainants - of the collective agreement. The workers were allegedly living in an atmosphere of fear maintained by the enterprise, while the labour authorities took no action. In conclusion, the complainants requested that a Committee be sent to inquire about the situation of the Dominican trade union movement as a whole.
  138. 138 In a telegram of 26 April 1977, the CGT and the POASI union drew attention to the arrest of Barbarin Mojica, a POASI leader. The complainants strongly urged that a mission be sent to inquire about the trade union situation in the country.
  139. 139 In its communication of 2 June 1977, the CGT listed a number of instances of violation of freedom of association:
• - occupation by the police of the premises of the POASI union (see paragraph 119 above);
• - cancellation of the legal personality of the Single Workers' Union of the Central Romana Corporations and Central Romana Bys Productos (subsidiaries of the multinational undertaking Gulf and Westerns);
• - refusal to recognise officially the Dominican Teachers' Association (see paragraph 134 above);
• - adoption of Administrative Resolution No. 13/74 according to which general assemblies organised with a view to setting up a union, electing its executive Committee, modifying its statutes or affiliating with a federation or Confederation must be certified by an inspector from the Labour Department, which entails the presence of officials at the assemblies and renders the validity of the decisions adopted subject to the appreciation of the authorities;
• - government protection of anti-union practices in the multinational undertakings Gulf and Westerns Americans, Falconbridge dominicana (which, with the assistance of the police, have allegedly put a stop to the activities of four union executive Committees in the space of three years and, in the spring of 1976, completely eliminated the Falconbridge Miners' Union), Rosario Rosaurce Dominicana (which prevented the setting up of a trade union) and foreign banks;
• - government interference with the right of agricultural workers to join trade unions;
• - banishment of trade unionists (see paragraph 135 above).
  140. 140 The CGT also referred to the following facts:
• - dismissal by Barcelo and company of 11 trade union leaders and 46 workers between 7 March and 4 May 1977; as a result of pressure being brought to bear by the workers and by public opinion, the company indicated its intention to re-employ the persons concerned, but only on condition that new work contracts were drawn up, that the collective agreement currently in force were not applied and that the trade union ceased functioning; allegedly, the Government merely ratified the dismissals and accepted the conditions stated;
• - dismissal in May 1977 by Productos de Calcio C por A. (Calpomier) of the founder members of a union which was being set up; in spite of this, a union was established;
• - dismissal by the Dominican Telephone Company (CODETEL), in December 1975, of leaders of the National Union of Telephone Workers, including Juan Vargas who was also imprisoned for four months (see paragraph 137 above); the complainants further mentioned a campaign organised by the undertaking to discredit the trade union leaders, threats and pressure by the management, further dismissals and the ploy devised to make the trade union lose its legal representativity (by making certain categories of the personnel "public servants" and thereby obliging them to leave the union).
  141. 141 The CGT emphasised that national legislation recognises freedom of association and that two 1974 rulings by the Supreme Court condemn the intervention of the authorities in the internal affairs of unions - such as the POASI. However, the Government allows national and multinational undertakings and public undertakings and administrations to ride roughshod over these recognised principles. The very lives of the trade union leaders were in danger, and the complainants gave the names of numerous officials who had been assassinated since 1967, including Florinda Soriano and Dionisio Frías (see paragraph 127 above). The CGT also gave the names of several trade unionists who had been arrested, sometimes more than once, and added that José Leonardo Henriquez Torres (see paragraph 135 above) and Juan López were currently in prison. It also gave the names of a number of trade unions whose premises had been occupied by the police since 1967, one of which - the Falconbridge Miners' Union - had been occupied in 1976. Finally, the complainants provided a long list of unions that had been eliminated. In the circumstances, the CGT reiterated its request for a mission to be sent to the country.
       • Latest information communicated by the Government
  142. 142 After referring to its previous communications, the Government, in its letter of 2 August 1977, stated that it was considering the request it had received to accept the visit of a representative of the Director-General. It added that a final reply will be given when it was in the interests of the country to do so.
  143. 143 Resolution No. 13/74, continued the Government, according to which general assemblies organised with a view to setting up a trade union, electing union leaders, etc., must be certified by a labour inspector, did not influence the freedom of the workers to make their own decisions. Trade unions acquired legal personality when they were registered with the Ministry of Labour. An earlier resolution along these lines had been repealed and this had given rise to developments which were not conducive to the Constitution of a trade union, the election of its leaders, etc.: false lists of signatures, lack of a quorum, etc. Trade union leaders had objected to handing over their duties to the new officers or had refused to do so, alleging ballot rigging, etc. The Government continued that the Minister could not grant recognition or allow the registration of a trade union merely on the strength of its own assertions. The presence of a labour inspector as an observer was, in its opinion, the best way of avoiding often violent conflicts between union leaders and of assessing the situation correctly when the time came to register the union.
  144. 144 According to the Government, Barcelo and Company had invoked article 69 of the Labour Code to dismiss several trade union leaders and workers (under the terms of this article, either of the parties may terminate a contract for an indefinite period if he finds it convenient, without giving any reason, even during the suspension of the contract). The Minister of Labour had strongly condemned this decision which broke the industrial peace and had brought pressure to bear on the undertaking to persuade it not to make unreasonable use of the provision referred to and to re-employ the persons dismissed. The Government pointed out, however, that it did not have the power to force employers to re-employ dismissed workers and trade union leaders. With regard to the violation of the collective agreement currently in force, the trade union could submit its complaint to the competent body.
  145. 145 The Government also stated that it had sent labour inspectors to investigate complaints made by trade unionists against Productos de Calcio C por A. (Calpomier) and CODETEL; it had also written to the management of these undertakings in the strongest terms to ask them to put a stop to the dismissal of trade unionists and to the pressure to which they were exposed, since the Government was obliged to ensure that freedom of association is fully respected. According to the Government, certain employer sectors feared the infiltration and influence of union leaders who obeyed the orders of political parties which had been prohibited because they attacked the Constitutional principles of the State. Finally, in connection with the alleged elimination of certain trade unions, the Government stated that, for the most part, these organisations continued to exist but that their leaders, who had been influenced by extremists had been expelled by decision of the trade union members.

C. Conclusions of the Committee

1. 146. The Committee notes the information communicated by the Government which recognises, in particular, that, in certain undertakings, practices exist that are not conducive to the development of healthy labour management relations and to which it cannot effectively put a stop under the legislation currently in force. New complaints have been received containing allegations that are as serious and as varied as those previously examined. It should be borne in mind, moreover, that the Committee of Experts on the Application of Conventions and Recommendations has for several years been making observations on the application by the Dominican Republic of Conventions Nos. 87 and 98, which it has ratified.
2. 147. The Committee regrets the Government's delay in acceding to the request made of it to give its consent to the visit of a representative of the Director-General. In this connection, the Committee wishes to emphasise that the purpose of the whole procedure is to promote respect for trade union rights in law and in fact, and the Committee is confident that, if it protects governments against unreasonable accusations, governments on their part will recognise the importance for the protection of their own good name of co-operating with the Committee in every way so that it can examine the allegations fully and seek possible solutions to the problems involved. In paragraphs 25 to 27 of its 146th Report, the Committee has laid particular stress on the importance it attaches in this connection to the direct contacts procedure.