CMNT_TITLE

Abolition of Forced Labour Convention, 1957 (No. 105) - Dominican Republic (RATIFICATION: 1958)

Other comments on C105

Observation

Direct Request

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Article 1(a) of the Convention. Prison sentences involving the obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that the Government does not provide any information in its report on the application in practice of – and the measures taken to amend – sections 86 and 368 (regarding offensive or abusive statements against the head of State), and sections 369, 370 and 372 (regarding defamation of persons exercising public authority) of the Penal Code, which establish penalties of imprisonment involving compulsory labour pursuant to sections 4(6), 5(5) and 94 of Act No. 113-21 regulating the prison system in the Dominican Republic.

The Committee recalls the 2016 judgment (Decision No. TC/075/16) of the Constitutional Court which emphasized that the imposition of criminal penalties for any act of defamation or abuse against any public official in the exercise of his/her functions or any person performing public duties constitutes a legal limitation that affects the very essence of freedom of expression and opinion. Accordingly, the Committee once again expresses the hope that, as part of the revision of the Penal Code which is under way, the sections of the Penal Code referred to above will be amended in accordance with Article 1(a) of the Convention, which prohibits the imposition of the penalty of imprisonment involving compulsory labour on persons who express political views or views ideologically opposed to the established political, social or economic system. While the above-mentioned revision is in progress, the Committee once again requests the Government to provide information on the application in practice of the said legal provisions, indicating the types of offences and the penalties imposed.

Article 1(b). Mobilization and use of labour for purposes of economic development. With regard to the application of article 75(4) of the National Constitution, which obliges Dominican citizens between 16 and 21 years of age to provide “services for development”, the Committee notes the Government’s indication that the work performed under this provision of the Constitution is voluntary and that persons between 16 and 21 years of age are assigned activities which are not hazardous. In these cases, as a part of civic responsibility, light tasks in the area of reforestation are imposed.

The Committee notes that although article 75(4) of the Constitution establishes that, for persons aged 21 years, services for development may be provided voluntarily, this is not the case for citizens between the ages of 16 and 21 years since this article refers to a fundamental duty that requires action on the part of a person. The Committee therefore requests the Government to send a copy of the text which regulates the duty to provide services for development as established by article 75(4) of the Constitution, and to clarify the provision which establishes the voluntary nature of such services for citizens between 16 and 21 years of age. The Committee also requests the Government to indicate examples of work required under this provision of the Constitution, and also the penalties incurred by persons who refuse to perform work required as a consequence of that duty.