Demande directe (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

1. Further to the recommendations made by the Commission of Inquiry and the Committee's own comments, in its previous observation the Committee asked the Government to provide information on the regularization of the status of Haitians who have been living and working in the country for some time, and on the issuing of identity documents to persons born in the Dominican Republic.

The Committee notes that the Secretary of State for Labour applied to the General Directorate of Migration for the information requested. The Committee notes that the Government's reply contains no information on the matter.

The Committee trusts that the Government will communicate in its next report the information requested.

2. The Committee requested the Government to provide information on the systems of recruitment used in the economic activity sectors which employ Haitian workers, and also to provide inspection reports containing information on the application of the terms of recruitment of labour, the number and type of infringements recorded and the sanctions imposed.

The Committee also requested the Government to indicate whether any measures have been taken or are envisaged to ensure proper recruitment of Haitian workers for the 1995 sugar harvest.

The Government indicates in its report that for the sugar harvest of November-June 1995, recruitment of workers for cane-cutting was restricted to Haitian nationals living in the country and those who have crossed the border of their own free will; that a total of 13,000 Haitians were recruited for the current sugar harvest and that a labour inspector was present at the conclusion of individual agreements, formalizing the recruitment with a written contract printed in Spanish and Creole.

The Government adds that a total of 13 labour inspectors have been assigned directly to the eight sugar refineries working on this harvest, where permanent supervision is maintained with respect to wages, holidays and the length of the working day. The Government also indicates minors are no longer employed and that "criminals" are no longer used in recruitment of Haitian nationals.

The Committee notes that according to the Government the possibility has not yet been envisaged of establishing an agreement between Haiti and the Dominican Republic for recruitment of labourers.

3. The Committee has requested information on the measures taken to ensure the protection by the competent authorities of the rights and freedoms of Haitian workers.

The Government indicates in its report that the labour inspectorate has continued to supervise everything concerning cane-weighing and payment of wages. The Committee notes the report prepared by the State Sugar Board (CEA) in relation to the social work carried out on the plantations.

4. The Committee has also noted the complaint submitted to the Committee on Freedom of Association in October 1995 by the International Union of Workers in the Food, Agriculture, Hotel, Restaurant, Tobacco and Associated Sectors (UITA) and the allegations it contains pertaining to the situation of Haitian workers in the Dominican Republic on matters related to the application of the Conventions on forced labour.

The allegations, submitted by the National Union of Agricultural Workers in Sugar Plantations and Similar Enterprises (SINATRAPLASI), and the Sugar Cutters' Union of the Barahona Mill (SIPICAIBA) refer to restrictions on the right of free movement or repatriation, which soldiers use as a pretext to strip workers of their possessions, frequently on pay-day. The allegations also refer to the destruction of identity documents by soldiers who, furthermore, carry out arbitrary arrests which become more frequent in the period after the sugar harvest when labour is not required.

According to the organizations mentioned, the CEA encourages recruitment of Haitians who have no identity documents, that soldiers take part in this, and that labour contracts are signed without the presence of union representatives. The allegations also refer to irregularities in cane-weighing and to excessively long working days of 15 hours. The SINATRAPLASI and SIPICAIBA allege that despite the adoption of the new Labour Code, in practice no protection exists.

The Committee has also noted that last October a strike of Haitian workers was declared for the purpose of obtaining investigation of the case of 11 workers who disappeared on 28 September. The 11 workers were among the 38 labourers who were conducted to the border by private guards of the Montellano company.

The Committee hopes that the Government will supply information on the questions raised in the allegations, as well as on the measures adopted to ensure respect for the Convention.