Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

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.