Informe provisional - Informe núm. 98, 1967

Caso núm. 360 (República Dominicana) - Fecha de presentación de la queja:: 15-NOV-63 - Cerrado

1. 108. The Committee examined this case previously at its meetings held in November 1964 and November 1965, when it submitted to the Governing Body the interim reports contained respectively in paragraphs 171 to 196 of its 78th Report and paragraphs 164 to 185 of its 87th Report. Both reports were approved by the Governing Body.
2. 109. By a communication dated 16 March 1967 the Government supplied additional observations concerning this case.
3. 110. The Dominican Republic has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1943 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 111. In its 87th Report the Committee submitted to the Governing Body its conclusions concerning some of the allegations made. With regard to the examination of the allegations remaining in suspense, while the Committee had taken due account of the fact that a change of Government had occurred in the Dominican Republic in the meantime, it considered that in order to be able to reach valid conclusions on those aspects, it would have to ask the new Government to supply certain additional information which it specified in paragraphs 185 (c) and (d) of the 87th Report, subsequently approved by the Governing Body.
2. 112. Paragraph 185 (c) of the 87th Report invited the Government to answer the allegations to the effect that Mr and Mrs. Monegro had been compelled to leave the country in order to preserve their freedom. According to a complaint dated 20 January 1964, Mr. Monegro, the General Secretary of the National Dominican Confederation of Workers (FOUPSA-CESITRADO), had been transferred by the police after several days to the Embassy of Mexico under a safe conduct order from the Ministry of Foreign Affairs in order to seek asylum but under orders to leave the country. Mrs. Monegro, Secretary of the Confederation, was also called upon to leave the country and was listed as a person to be refused re-entry to the country.
3. 113. In paragraph 185 (d) of the 87th Report the Government was requested to send its observations concerning various other allegations among those on which no observations had been received from the previous Government.
4. 114. In its communication of 16 March 1967 the Government stated that, as regards the complaint concerning Mr and Mrs. Monegro, it had been ascertained that the circumstances complained of were in no way connected with trade union activities but with the fact that these persons had committed acts contrary to public order which constituted common law offences punishable under the Penal Code, and that they had evidently sought diplomatic asylum in order to escape possible legal proceedings. The fact that the diplomatic asylum sought did not receive official approval in due and proper form, for example by the granting of a safe conduct, showed the unlawful and unmotivated nature of the actions committed by Mr and Mrs. Monegro.
5. 115. The Government deplored the fact that events which took place during a period of subversion resulting in a state of civil war and anarchy, under circumstances in which it was utterly impossible to continue to ensure individual rights and safeguards, should have given rise to the complaints in question. The situation in which the Dominican Republic found itself during that period was grave enough to be known all over the world, and the Government hoped that the Committee on Freedom of Association would take this into account in considering the explanations it was submitting.

B. B. The Committee's conclusions

1. 116. In earlier cases the Committee has taken the view, when it has had before it allegations relating to violations of trade union rights by an earlier Government, that although the Government in power could obviously not be held responsible for events which took place under its predecessor, it is clearly responsible for any continuing consequences which they may have had since its accession to power.
2. 117. In the present case the Committee notes what the Government says concerning the situation obtaining in the country at the time the complaints were presented, which was some time ago; while it recognises that some or all of the allegations whose examination is still pending may in the meantime have become out of date, it feels bound to repeat the request previously made by the Governing Body to the Government for detailed observations and all the information the Government considers relevant, so as to enable the Committee to determine whether the allegations still in suspense are founded in fact or not.
3. 118. As regards the allegations concerning Mr and Mrs. Monegro, the Committee notes that there is a discrepancy between the statements of the complainants-namely that these persons were compelled to go into exile-and the observations sent by the Government, according to which Mr and Mrs. Monegro left the country voluntarily. However, the Committee wishes, in order to complete the information available to it on this aspect of the case, to ask the Government to inform it as soon as possible whether Mr and Mrs. Monegro are now in the country and at liberty, or whether they are free to return to the country and, if not, what are the offences with which they are charged and whether court proceedings have been taken against them.
4. 119. As regards the other allegations concerning which no answer was ever received from the Government, the Committee would be grateful if the Government would send as soon as possible its observations and detailed information concerning: (1) the alleged murder of three trade union leaders, Héctor Porfirio Quezada, Julio Anibal Garcia Dickson and Alberto Laracuent, with the outcome of any legal action undertaken to elucidate the facts; (2) the present position before the law of the trade union leaders Rodolfo Sessman and Luis Polivio Padilla; and (3) the alleged establishment of a " yellow " trade union by the municipal authorities of the National District and alleged discrimination against all trade union organisations other than the Dominican Confederation, CONATRAL, whose leaders are alleged to be the only ones to enjoy any safeguards.

The Committee's recommendations

1. 120. In these circumstances, with regard to the case as a whole, the Committee recommends the Governing Body:
   • (a) with regard to the allegations concerning the exile of Mr and Mrs. Monegro, to request the Government to be good enough to furnish as soon as possible the additional information requested in paragraph 118 above;
   • (b) as regards the other allegations remaining in suspense, to request the Government once again to furnish as soon as possible the observations and detailed information requested in paragraph 119 above;
   • (c) to take note of the present interim report, it being understood that the Committee will report further to the Governing Body after receiving the additional observations and information requested from the Government in subparagraphs (a) and (b) above.