Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Dominican Republic (Ratification: 1956)

Follow-up to the representation made under article 24 of the Constitution of the ILO

Further to its previous comments, the Committee notes the representation submitted in October 2010 by the National Confederation of Dominican Workers (CNTD) alleging non-observance of the Convention, and also notes that the final report of the Committee set up to examine the representation was approved by the Governing Body at its 319th Session (October 2013) meeting. The Committee observes this final report concluded that: (a) Act No. 87/01, which limits membership in the social security system, including particularly the occupational risks insurance scheme, to foreign workers who have resident status violates the principle established by Article 1(2) of the Convention, and should be amended to remove this general condition of residence imposed on foreign workers; (b) enhancing inclusion and protection for mobile and casual workers under the occupational risks insurance scheme is necessary to achieve effective, and not only formal, compliance with the Convention; (c) the Government, as part of its policy of strengthening labour inspection, should prioritize the sectors with the highest occupational accident rate and the greatest presence of foreign workers, especially construction and agriculture; and (d) because a significant number of Haitian workers in the Dominican Republic do not possess an identity document from their own country, which creates additional practical obstacles to their membership in the social security system, there is a need for continuing dialogue between the Governments of the Dominican Republic and Haiti, including participation of the social partners in both countries, with a view towards establishing a lasting partnership between the two Governments to address the challenges posed with regard to the application of the Convention. Finally, the Committee notes that the Governing Body: (a) approved the report contained in document GB.319/INS/14/5, drawing the attention of the Government in particular to the action requested in paragraphs 42–45; (b) invited the Government to request technical assistance from the ILO in order to take the requested action; (c) invited the Government to fully include the social partners in the implementation of the requested actions; (d) invited the Government to provide, in a report to be submitted for examination by the Committee of Experts on the Application of Conventions and Recommendations at its next session, detailed information on the measures adopted to give effect to the above recommendations so that the Committee of Experts could proceed with its examination of the issues raised in connection with the application of the Convention; and (e) made the report publicly available and closed the procedure initiated by the representation of the CNTD alleging non-observance by the Dominican Republic of the Convention. The Committee expects that the Government will follow these recommendations and will provide information on the progress made in its next report.

[The Government is asked to reply in detail to the present comments in 2014.]