Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 29) sur le travail forcé, 1930 - République dominicaine (Ratification: 1956)

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. In its previous comments, the Committee noted the legislative and institutional framework introduced to combat trafficking in persons. It asked the Government to provide information on the three main strategic areas of the National Action Plan against trafficking in persons and smuggling of migrants (prevention; prosecution and punishment of perpetrators; and protection of victims). It also asked the Government to provide information on the strengthening of the capacities of the bodies responsible for enforcing Act No. 137-03 of 7 August 2003 concerning the smuggling of migrants and trafficking in persons and on the measures taken to protect trafficking victims.

The Committee notes the indication in the Government’s report that when the abovementioned Plan was in force (2009–14), the member institutions of the Inter-Institutional Commission to Combat Trafficking in Persons and Smuggling of Migrants (CITIM) undertook actions within the different areas of the Plan, according to their competencies and available resources. The general information supplied includes references by the Government to awareness-raising and training programmes for public servants, a campaign to prevent the trafficking of adults, and a handbook for consular officials. As regards prosecution procedures, the Government indicates that the Specialized Prosecution Unit against Trafficking in Persons and Smuggling of Migrants was established, which is developing an action strategy relating to investigations and support for cases. Furthermore, as part of the implementation of the Plan, some institutions have established labour forums on these subjects to give them a greater focus. The Government indicates that a number of deficiencies were observed during the implementation of the Plan, namely: lack of adequate follow-up and supervision in the execution process; ambiguities in the allocation of roles and responsibilities; and failure to assign a budget for activities to be undertaken. The Government states that it is working on the coordination of a new Action Plan through consultations with, and advice from, the competent government institutions, civil society organizations and international organizations. It is hoped that a new Action Plan will form the basis for rectifying the weaknesses of the previous Plan. According to the information in the report on action against trafficking in persons and smuggling of migrants in 2016, the Specialized Prosecution Unit conducted 27 investigations into trafficking, 19 cases were brought before the courts, with 40 persons charged. Eight sentences were handed down for trafficking in persons and commercial sexual exploitation.

The Committee notes this information and hopes that the Government will take all the necessary steps to ensure that the new National Action Plan against trafficking in persons is adopted as soon as possible and that the CITIM is provided with the resources needed to drive and support this process and to perform its duty as the coordinating body for actions to prevent and investigate trafficking. The Committee also requests the Government to provide detailed information on the activities undertaken in this respect by the CITIM and its member institutions. Recalling that Act No. 137-03 establishes the responsibility for the State to provide legal, physical, psychological and social assistance, medical care, access to education, training and employment opportunities for trafficking victims (sections 9–11), the Committee requests the Government to supply information on the measures taken to provide such protection. Lastly, the Committee requests the Government to provide information on investigations launched in conjunction with the police by the Specialized Prosecution Unit against Trafficking in Persons and Smuggling of Migrants, on cases brought before the courts and convictions handed down. In this regard, the Committee requests the Government to send copies of the annual reports published by the CITIM and the Foreign Ministry concerning action against trafficking in persons and smuggling of migrants.

2. Vulnerability of Haitian migrant workers or workers of Haitian origin to the imposition of forced labour. In its previous comments, the Committee drew the Government’s attention to the situation of Haitian workers who continued to enter and live in the Dominican Republic without documentation, which aggravated their situation of vulnerability. The Committee noted the adoption of the National Plan for the regularization of foreigners (regularization plan) and the stated intention to resolve the situation of Dominicans of Haitian origin through the adoption of Act No. 169-14 of 23 May 2014. In this respect, the Committee asked the Government to provide information on the steps taken to improve the situation of Haitian workers so as to ensure that they do not find themselves in situations constituting forced labour, namely situations in which they are obliged to perform work under threat and without having given their consent.

The Government indicates in its report that, in conformity with Principle IV of the Labour Code, the same legal provisions are applied to migrant workers as to Dominican workers. Some 249,000 foreigners had been regularized under the regularization plan as of 1 December 2016. The Social Security Treasury (TSS) has adjusted its system so that employers can register foreign workers in the social security system who are beneficiaries of the documentation issued under the regularization plan. The Ministry of Labour has also developed an electronic system for the registration of employment contracts incorporating both Dominican and foreign workers. The Government indicates that this system allows the Ministry to systematize information contained in contracts and promote the formalization of contracts in writing. Moreover, the labour inspectorate conducts regular or preventive inspections, with the emphasis on targeted inspections in sectors with heavy concentrations of foreign workers, such as the sugar industry, the construction sector and plantations.

The Committee duly notes this information and encourages the Government to continue taking steps to reinforce the protection of Haitian workers so as to ensure that they do not find themselves in vulnerable situations that expose them to forced labour. The Committee also requests the Government to provide detailed information on the findings of inspections conducted by the labour inspectorate in sectors with heavy concentrations of foreign workers, and on the implementation of the National Plan for the regularization of foreigners, including statistics on the number of workers of Haitian origin, whether migrant or not, whose situation has been regularized.

Article 25. Criminalization of and penalties for forced labour. In its previous comments, the Committee noted the joint concerns of several trade union confederations regarding the legislative framework to combat forced labour, which they consider to be incomplete since neither the Penal Code nor the Labour Code defines the offence of “forced labour”. In this regard, the Government indicates that, under section 3 of Act No. 137-03 concerning the smuggling of migrants and trafficking in persons, forced labour incurs the same penalties as those that apply to trafficking in persons, in view of the fact that forced labour is considered a form of exploitation within the context of trafficking. Act No. 137 03 establishes penalties for any person who, in whatever manner, procures, transports, transfers, accommodates or receives persons, through threats or the abuse of power, inter alia, for the purpose of subjecting an individual in a vulnerable situation to any kind of forced labour or sexual exploitation for the benefit of a third party, among other activities that constitute trafficking.

The Committee notes this information. The Committee recalls that the notion of forced labour, as established by the Convention, is broader than that of trafficking in persons and that it is important for national jurisdictions to have precise provisions, taking into account the principle of the strict interpretation of penal law. The possibility exists of forced labour being exacted from persons in various kinds of vulnerable situations, particularly when a person is exploited without having been trafficked either inside or outside the country. The Committee therefore requests the Government to provide information on cases in which Act No. 137-03 has been used as the basis by the courts for punishing the exaction of forced labour where the imposition of such labour is unrelated to any procuring, transportation, transfer, accommodation or receiving of the victim, in addition to statistical data disaggregated by gender or age.