Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

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

The Committee takes note of the detailed information sent by the Government in its report in reply to the matters raised previously.

Article 2, paragraph 1, of the Convention. 1. Situation of Haitian workers in sugar plantations. The Committee has several times expressed its concern at the conditions under which Haitian workers are hired and work in sugar plantations and has asked the Government for information on progress made in legalizing the status of Haitians who work and live in the Dominican Republic, so that they enjoy the necessary guarantees to choose their employment and working conditions freely. The Committee observed that the uncertainty surrounding the legal status of these workers, denied work or residence permits by the authorities and consequently liable to expulsion at any time, put them in a vulnerable situation in which they were open to abuse and practices likely to undermine the protection provided by this Convention.

In its previous comments, the Committee noted observations by the International Confederation of Free Trade Unions (ICFTU) alleging that Haitian workers in sugar cane plantations have no legal status in the country and are totally at the mercy of their employers. According to the ICFTU, these workers live in constant fear of deportation or violence on the part of the authorities, their living and working conditions are deplorable and they have no legal means of redress.

The Committee notes that in its report, the Government indicates that pursuant to the new Migration Act (No. 285 of 2004), the National Migration Council is issuing temporary visas to all foreign nationals working in the Dominican Republic, and is in contact with the Haitian Embassy with a view to legalizing the status of Haitian nationals. The Committee notes with interest the information sent by the Government on the legal means of redress available to foreign workers who have been unlawfully hired and whose rights have been abused. The Committee notes the Government’s information that the case law of the Supreme Court of Justice holds that foreign workers with no legal status will not be required to pay a surety to be able to claim labour indemnities and other rights. The Committee asks the Government to provide the text of the Supreme Court’s decision (B.J.1042 of 17 September 1997). The Committee also notes the labour court’s decisions passed in favour of Haitian workers who had filed labour claims.

The Committee notes Decision No. 1 of 2005 by the National Wages Committee setting the minimum wage of workers in the sugar industry. It also notes that, according to the Government, the statutory minimum wage for workers in the sugar industry is paid weekly to Haitian and Dominican workers and that the amount is established by agreement between the representatives of workers and employers in the sugar sector.

The Committee observed previously that, following the adoption of Act No. 141-97 on the reform of public enterprises, the Executive has allowed sugar plantations to be contracted out to private enterprises. So that it could ascertain that no form of forced labour is practised in sugar plantations, whether owned by the State or by private companies, the Committee requested the Government to provide information on the situation of Haitian workers employed in these undertakings and in particular on the conditions under which they are hired, the nature of their contracts, the manner in which payment of their wages is determined, etc. It also asked the Government to provide copies of reports on inspections carried out in plantations to assess how labour legislation is applied there, the number and nature of the infringements reported and the penalties applied as a consequence.

The Committee notes from the information supplied by the Government, inter alia, that contracts concluded between Haitian workers and the sugar plantations are fixed-term contracts for 90 days and are subject to the provisions of the Labour Code and the collective agreement concluded by the company and the union. The Committee also takes note of the inspection reports sent by the Government.

The Committee hopes that the Government will continue to provide information on any other measures taken or envisaged to ensure that Haitian workers in sugar plantations are provided with the protection established in the Convention and the national legislation.

2. Trafficking in persons for exploitation. The Committee asked the Government to provide information on the growing phenomenon of human trafficking in the Dominican Republic and the manner in which Act No. 137-03 is applied in practice, indicating any difficulties encountered by the public authorities in combating the trafficking in persons and, if appropriate, any measures taken to resolve them. It also asked for information on the number of persons prosecuted and punished pursuant to section 3 of the abovementioned Act, and on plans and programmes adopted to prevent human trafficking.

In its report, the Government indicates that pursuant to Act No. 137-03, various measures have been taken to prevent and combat trafficking. The Attorney-General of the Republic has set up a department to combat human trafficking which, together with the judicial authorities, has punished breaches of the law with fines and prison sentences. Decisions Nos. 126 and 127 of May 2005, handed down by the courts of Santiago and Santa Domingo, imposed fines and prison sentences. The Committee requests the Government to provide copies of the abovementioned decisions together with information on any other measures taken or envisaged to combat human trafficking.

3. The Committee notes the information sent by the Government regarding the issue of the overtime worked in export processing zones and the freedom of state workers to leave their employment.