Observation (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

The Committee notes the Government's report and the observations of the Sindicato Nacional de Trabajadores Agrícolas de Plantaciones Azucareras y Similares (SINATRAPLASI), the Sindicato de Picadores de Caña del Ingenio Barahona (SIPICAIBA) and the Sindicato de Trabajadores de las Plantaciones Agrícolas y Similares del Ingenio Barahona (SITRAPLASIB) on the application of the Convention.

The Committee recalls that its previous comments referred to:

- the requirement that federations must obtain a two-thirds majority vote in order to form confederations (section 383 of the Labour Code);

- the opposition of certain enterprises in free trade zones to the formation of unions, and the disregard of trade union privileges;

- the impugning of the registration of the Sindicato Unitario Agrícola y Fabril del Ingenio Cristóbal Colón (Case No. 1751).

In relation to the requirement that federations must obtain a two-thirds majority vote in order to form confederations, the Committee notes with interest that the Government indicates that, in practice, there has been no problem in obtaining such a majority as is proved by the existence of seven (7) workers' confederations.

Notwithstanding the above, the Committee hopes that the Government will take the necessary measures to remove from the law these restrictions on the constitution of confederations given that it should be for the federations' rules to contain criteria on the matter.

With regard to the opposition of certain enterprises in the free trade zones to the formation of trade unions, and the disregard of the rights protecting trade union officers, the Committee trusts that the Government will continue to inform it of any progress made in practice on the matter.

The Committee notes that the Government has not replied to its comment on the impugning before the courts of the registration of the Sindicato Unitario Agrícola y Fabril del Ingenio Cristóbal Colón and therefore asks the Government, once again, to take the necessary measures, including through any appropriate legal action, to guarantee the right to organize of the workers of the Ingenio Cristóbal Colón, and to keep it informed of developments in this respect.

In their comments, SINATRAPLASI, SIPICAIBA and SITRAPLASIB indicate restrictions on the free exercise of trade union rights for the workers on sugar plantations, and particularly the prohibition on movement and on contacting workers for trade union purposes in the bateyes.

The Committee hopes that the Government will make every effort to ensure that both in law and practice there is full exercise of trade union rights on sugar plantations.

The Committee once again asks the Government to inform it in its next report of any progress made on these matters.