Report in which the committee requests to be kept informed of development - Report No 244, June 1986

Case No 1360 (Dominican Republic) - Complaint date: 28-JAN-86 - Closed

1. 244. The International Confederation of Free Trade Unions (ICFTU) presented a complaint of infringement of trade union rights in a communication dated 28 January 1986. The Government sent its observations in a communication dated 29 April 1986.
2. 245. The Dominican Republic has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 246. The ICFTU alleges that, on 23 January 1986, the police violently disrupted the general assembly of the Trade Union of Workers of the "Catarey" Sugar Plantation which had been called to discuss and decide on action to be taken so as to obtain wage increases.
2. 247. The ICFTU adds that the police intervention provoked clashes which resulted in 30 workers being injured and the death of one unionist, Mario Rosa Polanco, who was beaten by the police after being detained. The ICFTU states that 30 trade unionists were detained in connection with this incident.

B. The Government's reply

1. 248. The Government states that during the period to which the complaint refers a series of strikes, marches, protests and mobilisations of workers, students and political militants were planned and carried out; they were controlled by the authorities responsible for preserving law and order and the safety of the State's citizens and property. It therefore considers that this case does not deal with an express and systematic violation of freedom of association, but with measures taken under the law, given the illegality of the strikes, marches, etc. because they were not covered by the relevant authorisation and did not satisfy the local requirements. These temporary measures were lifted as soon as the strikers' excitement gave way to common sense and no worker was deprived of his freedom.
2. 249. The Government also states that the complainant exaggerates when describing the action taken by the authorities as trade union repression, given the planning and orchestration of the strikes and the extent of their effect on public order in the 12 sugar plantations and divisions of the State Sugar Council (CEA) by the various unions of sugar workers affiliated to the National Federation of Cane Workers (FENATRACA). The unions' actions were aimed, according to the Government, at obtaining a bonus which the CEA was not in a position to grant because of the precarious economic situation it was experiencing and which was a result of the brutal drop in the price of its sugar on the preferential US market and on the world market.
3. 250. The Government adds that while it is true that the worker Mario Rosa Polanco was killed by a policeman during street clashes between workers and the police, his death could be considered as an isolated incident involving one individual policeman, named Dimas Nello Déas, who has been dismissed from the police force and is facing trial before the courts.
4. 251. The Government concludes by pointing out that calm has returned to the CEA sugar plantations and that the Secretariat of State for Labour managed to establish direct dialogue between the officials of the CEA and the workers involved in the illegal strike. This dialogue enabled satisfactory agreements to be reached, including the payment of RD$50.00 out of central government funds to each of the cane workers.

C. The Committee's conclusions

1. 252. The Committee notes that the present case refers to the disruption by the police of a meeting of the Trade Union of Workers of the "Catarey" Sugar Plantation which, according to the complainant, resulted in the detention of 30 workers, the injury of 30 persons and the death of the trade unionist, Mario Rosa Polanco. The Committee observes that the Government's justification for the action of the authorities lies in the planning of strikes on the various sugar plantations and the extent of their effect on public order with the aim of obtaining economic benefits which the employer was not in a position to grant.
2. 253. The Committee notes that the Government does not specifically refer to those persons whom the complainant claims were wounded, although it does refer to street clashes between the police and workers. The Committee also notes that the Government denies that there were any detentions.
3. 254. As regards the death of the trade unionist, Mario Rosa Polanco, the Committee takes note of the Government's acknowledgement that a policeman was involved and that he is facing trial in this connection. In these circumstances, it deplores the death of this trade unionist and requests the Government to transmit information on the outcome of the trial which is under way.
4. 255. Since there is no information leading to a clear conclusion that in fact the trade union meeting which was disturbed by the police was not peaceful or involved a threat to law and order, the Committee deplores the violence which took place during the said trade union meeting. It draws the Government's attention to the principle that the authorities should refrain from any interference which could restrict or impede the exercise of the right to hold union meetings (see, for example, 218th Report, Case No. 1088 (Mauritania), para.143).
5. 256. Finally, the Committee notes that, according to the Government, calm has returned to the sugar plantations and satisfactory agreements have been reached by the parties with the help of the authorities.

The Committee's recommendations

1. 257. In these circumstances, the Committee recommends the Governing Body to approve this report and, in particular, the following conclusions:
   • (a) The Committee deplores the violence which took place on 23 January 1986 during the meeting of the Trade Union of Workers of the "Catarey" Sugar Plantation and draws the Government's attention to the principle that the authorities should refrain from any interference which could restrict or impede the exercise of the right to hold union meetings.
   • (b) As regards the death of the trade unionist Mario Rosa Polanco, the Committee observes that the Government acknowledges that a policeman was involved and that he is being tried in this connection. In these circumstances, the Committee deplores the death of this unionist and requests the Government to transmit information on the outcome of the trial which is under way.