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Forced Labour Convention, 1930 (No. 29) - Dominican Republic (RATIFICATION: 1956)

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The Committee notes the observations of the National Confederation of Trade Union Unity (CNUS), the National Confederation of Dominican Workers (CNTD) and the Autonomous Confederation of Workers’ Unions (CASC), received on 1 September 2021.

Articles 1(1) and 2(1) of the Convention. Vulnerability of workers of Haitian origin to forced labour. With regard to previous comments on the situation of undocumented workers of Haitian origin who, on account of their legal status, are more vulnerable to situations of exploitation involving forced labour, the Committee notes the Government’s indication in its report that the local labour offices that received the most foreign workers between 2020 and 2021 were Bávaro, Distrito Nacional y Santo Domingo Este, and Santiago. Between January and December 2020, a total of 43,563 inspections were conducted by the labour inspectorate, with no cases found of migrants in situations of forced labour. The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women, in its concluding observations of 2022, noted with concern that migrant, refugee and asylum-seeking women are at a higher risk of trafficking, especially those who are undocumented or in an irregular situation, most of them women of Haitian origin (CEDAW/C/DOM/CO/8, paragraph 23).

The Committee notes with regret that the Government has not provided any specific information on the measures taken to strengthen the protection of workers of Haitian origin and reduce their vulnerability to forced labour, including capacity-building measures for the labour inspectorate in this field. Also referring to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee once again requests the Government to provide information on the measures taken to protect workers of Haitian origin from situations of vulnerability which expose them to involvement in forced labour. The Committee also requests the Government to provide information on inspections carried out in sectors where there are large numbers of workers of Haitian origin, including information on violations detected and the penalties imposed.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legal and institutional framework. With regard to the adoption and implementation of a new plan of action against trafficking in persons, the Committee notes the Government’s indication in its report that the implementation period of the “National Plan against trafficking in persons and the smuggling of migrants 2017–20” came to an end and a technical report highlighting progress in implementation and opportunities for improvement was drawn up with a view to preparing a new plan. It also indicates that, within the Interinstitutional Committee against Trafficking in Persons and Smuggling of Migrants, coordinated work has been carried out on the revision of Act No. 137-03 on the smuggling of migrants and trafficking in persons. The Government provides a copy of the 2020 report of the Ministry of External Relations on trafficking in persons and the smuggling of migrants, in which actions to prevent trafficking in persons, prosecute traffickers and provide victim protection are collated and evaluated. The Committee notes in particular that specialized training on trafficking has been given to officers of the police, navy and army of the Dominican Republic in order to prevent and combat the crime of trafficking in persons. In addition, through the National Institute for Migration, training was given in 2020 to 153 officials of member institutions of the National Council on Migration. The Committee notes that the CNUS, CNTD and CASC indicate in their observations that the National Plan 2017–20 contained limitations as regards the monitoring and evaluation system, available economic resources, victim protection and coordination with civil society.

The Committee hopes that a new plan to combat trafficking in persons which takes account of the evaluation of the implementation of the previous plan will be adopted without delay. The Committee requests the Government to indicate the measures taken to ensure the adequate implementation of the various strategic components of the plan, the results achieved and the difficulties encountered. It also requests the Government to provide information on progress made regarding the revision of Act No. 137-03 on the smuggling of migrants and trafficking in persons, and to send a copy of the new Act once it has been adopted.

2. Victim identification and assistance. The Committee notes that, according to the report of the Ministry of External Relations on trafficking in persons and the smuggling of migrants, in 2020 a total of 83 victims of trafficking for sexual exploitation were identified, including 16 of Venezuelan nationality and four of Colombian nationality; there were also 13 victims of trafficking for forced labour, including six of Haitian nationality. The Committee also notes that 70 of the 83 victims received psychological, medical and legal assistance, in addition to support with accommodation, food, transport and voluntary return. The Government also explains that the “Protocol for the identification, assistance and reintegration of trafficking survivors” has been applied and is being revised and updated. The Committee requests the Government to continue taking measures to facilitate the identification of, and assistance to, victims of trafficking for both labour and sexual exploitation. In this regard, the Committee requests the Government to provide information on the number of trafficking victims who have been identified, indicating how many of them have received assistance and of what type.

3. Effective application of the law. The Committee notes that, according to the information provided by the Government, in 2020 there were 62 investigations into trafficking in persons, of which 59 were carried out by the Attorney-General’s Office and 42 by the National Police, with 36 conducted jointly. In addition, judicial proceedings were initiated against six persons accused of trafficking for forced labour and 36 persons accused of trafficking for sexual exploitation. Also in 2020, one judgment was handed down for trafficking for sexual exploitation and two accused persons were convicted. The Government also indicates that work is under way to decentralize the units for handling and prosecuting trafficking offences at departmental level so that the prosecution service in each case has specialist support from the relevant departmental attorney’s office. The Committee requests the Government to continue sending information on the number of investigations, prosecutions, convictions and penalties imposed on the basis of Act No. 137-03 on the smuggling of migrants and trafficking in persons.

Article 25. Criminalization of and penalties for forced labour. With regard to the lack of specific criminalization of forced labour in the national legislation, the Government previously indicated that forced labour incurs the same penalties as those that apply to trafficking in persons, in view of the fact that forced labour is considered a form of exploitation within the context of trafficking, as defined by Act No. 137-03 on the smuggling of migrants and trafficking in persons. The Committee asked the Government to provide examples of the application of Act No. 137-03 to cases of forced labour where such labour is unrelated to any procuring, transportation, transfer or reception of the victim. The Government indicates in reply that in over 43,563 inspections carried out by labour inspectors throughout the country in 2020, no situations of forced labour were detected in the cases of smuggling of migrants and trafficking in persons.

The Committee reiterates that the criminalization of practices that constitute forced labour is a key element for identifying it properly and prosecuting it. Moreover, the elements of the definition of trafficking in persons might not be adequate to cover all forced labour practices, in particular those that do not involve the displacement of victims. Consequently, in order to be able to verify that the national legislation enables the law enforcement authorities to prosecute and penalize all forms of forced labour, the Committee once again requests the Government to provide examples of the application of Act No. 137-03 to cases of forced labour where such labour is unrelated to any procuring, transportation, transfer or reception of the victim. Noting that a process to revise and adopt a new Criminal Code is under way, the Committee encourages the Government to take advantage of this process to include a provision which criminalizes forced labour.

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Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. In its previous comments, the Committee noted the legislative and institutional framework introduced to combat trafficking in persons. It asked the Government to provide information on the three main strategic areas of the National Action Plan against trafficking in persons and smuggling of migrants (prevention; prosecution and punishment of perpetrators; and protection of victims). It also asked the Government to provide information on the strengthening of the capacities of the bodies responsible for enforcing Act No. 137-03 of 7 August 2003 concerning the smuggling of migrants and trafficking in persons and on the measures taken to protect trafficking victims.

The Committee notes the indication in the Government’s report that when the abovementioned Plan was in force (2009–14), the member institutions of the Inter-Institutional Commission to Combat Trafficking in Persons and Smuggling of Migrants (CITIM) undertook actions within the different areas of the Plan, according to their competencies and available resources. The general information supplied includes references by the Government to awareness-raising and training programmes for public servants, a campaign to prevent the trafficking of adults, and a handbook for consular officials. As regards prosecution procedures, the Government indicates that the Specialized Prosecution Unit against Trafficking in Persons and Smuggling of Migrants was established, which is developing an action strategy relating to investigations and support for cases. Furthermore, as part of the implementation of the Plan, some institutions have established labour forums on these subjects to give them a greater focus. The Government indicates that a number of deficiencies were observed during the implementation of the Plan, namely: lack of adequate follow-up and supervision in the execution process; ambiguities in the allocation of roles and responsibilities; and failure to assign a budget for activities to be undertaken. The Government states that it is working on the coordination of a new Action Plan through consultations with, and advice from, the competent government institutions, civil society organizations and international organizations. It is hoped that a new Action Plan will form the basis for rectifying the weaknesses of the previous Plan. According to the information in the report on action against trafficking in persons and smuggling of migrants in 2016, the Specialized Prosecution Unit conducted 27 investigations into trafficking, 19 cases were brought before the courts, with 40 persons charged. Eight sentences were handed down for trafficking in persons and commercial sexual exploitation.

The Committee notes this information and hopes that the Government will take all the necessary steps to ensure that the new National Action Plan against trafficking in persons is adopted as soon as possible and that the CITIM is provided with the resources needed to drive and support this process and to perform its duty as the coordinating body for actions to prevent and investigate trafficking. The Committee also requests the Government to provide detailed information on the activities undertaken in this respect by the CITIM and its member institutions. Recalling that Act No. 137-03 establishes the responsibility for the State to provide legal, physical, psychological and social assistance, medical care, access to education, training and employment opportunities for trafficking victims (sections 9–11), the Committee requests the Government to supply information on the measures taken to provide such protection. Lastly, the Committee requests the Government to provide information on investigations launched in conjunction with the police by the Specialized Prosecution Unit against Trafficking in Persons and Smuggling of Migrants, on cases brought before the courts and convictions handed down. In this regard, the Committee requests the Government to send copies of the annual reports published by the CITIM and the Foreign Ministry concerning action against trafficking in persons and smuggling of migrants.

2. Vulnerability of Haitian migrant workers or workers of Haitian origin to the imposition of forced labour. In its previous comments, the Committee drew the Government’s attention to the situation of Haitian workers who continued to enter and live in the Dominican Republic without documentation, which aggravated their situation of vulnerability. The Committee noted the adoption of the National Plan for the regularization of foreigners (regularization plan) and the stated intention to resolve the situation of Dominicans of Haitian origin through the adoption of Act No. 169-14 of 23 May 2014. In this respect, the Committee asked the Government to provide information on the steps taken to improve the situation of Haitian workers so as to ensure that they do not find themselves in situations constituting forced labour, namely situations in which they are obliged to perform work under threat and without having given their consent.

The Government indicates in its report that, in conformity with Principle IV of the Labour Code, the same legal provisions are applied to migrant workers as to Dominican workers. Some 249,000 foreigners had been regularized under the regularization plan as of 1 December 2016. The Social Security Treasury (TSS) has adjusted its system so that employers can register foreign workers in the social security system who are beneficiaries of the documentation issued under the regularization plan. The Ministry of Labour has also developed an electronic system for the registration of employment contracts incorporating both Dominican and foreign workers. The Government indicates that this system allows the Ministry to systematize information contained in contracts and promote the formalization of contracts in writing. Moreover, the labour inspectorate conducts regular or preventive inspections, with the emphasis on targeted inspections in sectors with heavy concentrations of foreign workers, such as the sugar industry, the construction sector and plantations.

The Committee duly notes this information and encourages the Government to continue taking steps to reinforce the protection of Haitian workers so as to ensure that they do not find themselves in vulnerable situations that expose them to forced labour. The Committee also requests the Government to provide detailed information on the findings of inspections conducted by the labour inspectorate in sectors with heavy concentrations of foreign workers, and on the implementation of the National Plan for the regularization of foreigners, including statistics on the number of workers of Haitian origin, whether migrant or not, whose situation has been regularized.

Article 25. Criminalization of and penalties for forced labour. In its previous comments, the Committee noted the joint concerns of several trade union confederations regarding the legislative framework to combat forced labour, which they consider to be incomplete since neither the Penal Code nor the Labour Code defines the offence of “forced labour”. In this regard, the Government indicates that, under section 3 of Act No. 137-03 concerning the smuggling of migrants and trafficking in persons, forced labour incurs the same penalties as those that apply to trafficking in persons, in view of the fact that forced labour is considered a form of exploitation within the context of trafficking. Act No. 137 03 establishes penalties for any person who, in whatever manner, procures, transports, transfers, accommodates or receives persons, through threats or the abuse of power, inter alia, for the purpose of subjecting an individual in a vulnerable situation to any kind of forced labour or sexual exploitation for the benefit of a third party, among other activities that constitute trafficking.

The Committee notes this information. The Committee recalls that the notion of forced labour, as established by the Convention, is broader than that of trafficking in persons and that it is important for national jurisdictions to have precise provisions, taking into account the principle of the strict interpretation of penal law. The possibility exists of forced labour being exacted from persons in various kinds of vulnerable situations, particularly when a person is exploited without having been trafficked either inside or outside the country. The Committee therefore requests the Government to provide information on cases in which Act No. 137-03 has been used as the basis by the courts for punishing the exaction of forced labour where the imposition of such labour is unrelated to any procuring, transportation, transfer, accommodation or receiving of the victim, in addition to statistical data disaggregated by gender or age.

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The Committee notes the joint observations of the International Organisation of Employers (IOE) and the Employers’ Confederation of the Dominican Republic (COPARDOM), received on 27 August 2014, as well as the observations submitted jointly by the Autonomous Confederation of Workers’ Unions (CASC), the National Confederation of Trade Union Unity (CNUS) and the National Confederation of Dominican Workers (CNDT), received on 2 September 2014.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously noted the legislative and institutional framework introduced to combat trafficking in persons and referred particularly to: Act No. 137-03 of 7 August 2003 on the smuggling of migrants and trafficking in persons; the establishment of the Inter-Institutional Commission to Combat Trafficking in Persons and Smuggling (CITIM); the adoption of the National Action Plan to Combat Trafficking in Persons and the Smuggling of Migrants (2009–14); and the measures taken to implement the Action Plan’s three main strategic areas (prevention, the prosecution and punishment of perpetrators, and the protection of victims).

The Committee notes that, in its latest report, the Government has not provided any information on new measures taken to combat trafficking in persons. The Committee notes that, in their final observations in 2013, both the United Nations Committee on the Elimination of Racial Discrimination (CERD) and the Committee on the Elimination of Discrimination against Women (CEDAW) referred to difficulties in the enforcement of Act No. 137-03, with a small number of convictions, and in the implementation of the National Action Plan. CEDAW expressed its concern about the extent of trafficking in human beings, especially women and girls (documents CERD/C/DOM/CO/13-14 and CEDAW/C/DOM/CO/6-7). The Committee has also noted the report of the Specialized Unit Against Anti-Migrant Smuggling and Trafficking in Persons (PECTIMTP), covering the period 2013–14, available on the Internet website of the Public Prosecutor of the Republic. It notes that during this period, this Unit handled 19 cases of trafficking and 14 cases of commercial sexual exploitation. Furthermore, between January 2013 and February 2014, the courts handed down prison sentences ranging from two to 15 years in four cases.

The Committee requests the Government to provide information on the assessment and impact of measures taken in the context of the National Action Plan against Trafficking in Persons and the Smuggling of Migrants, which expires at the end of 2014, as well as on the measures taken to overcome the obstacles that have been identified. Please also provide information on the strengthening of the capacities of the bodies responsible for enforcing Act No. 137-03 of 2003 on the smuggling of migrants and trafficking in persons and on the means at their disposal, as well as on the legal proceedings instigated and the penalties handed down. Finally, the Committee requests the Government to specify the measures taken to ensure that the victims of trafficking benefit from psychological, medical and legal support, which enables them to assert their rights and contributes to their social rehabilitation.

2. Vulnerability of Haitian migrant workers or workers of Haitian origin to the imposition of forced labour. In its previous comments, the Committee referred to the repeated observations made by trade union organizations concerning the situation of Haitian workers who continued to enter and live in the Dominican Republic without documents, which reinforced their situation of vulnerability. It also noted the concerns expressed by the CERD at the labour exploitation of migrant workers who, as they are undocumented, work under oral contracts or in the informal sector, have limited access to social benefits and do not assert their rights due to the fear of being deported or expelled. In this respect, the Committee noted measures taken by the Government to reinforce labour inspection activities in the agricultural sector, including the publication in 2012 of an inspection protocol for the agricultural sector, which contains relevant legislative texts, as well as monitoring mechanisms that can be used to detect forced labour.

The Committee regrets that the Government has not provided any information on the measures taken to ensure a better protection of Haitian workers. It recalls that the situation of vulnerability which generally affects migrant workers is aggravated when they are undocumented. As a result, due to fear of reprisals or expulsion, these workers are not always in a position to assert their rights and are more likely to become victims of a situation of forced labour. In this respect, the Committee notes that during the discussion on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), which took place at the meeting of the Conference Committee on the Application of Standards in June 2014, the Government reported on the adoption of legislative and practical measures to deal with discrimination against Haitians. It referred in particular to Decree No. 327-13 of 20 November 2013 establishing the National Plan for the Regularization of Foreigners, and to Act No. 169-14 of 23 May 2014 which intends to resolve the situation of Dominicans of Haitian origin. The Committee requests the Government to provide detailed information on the measures taken to improve the situation of Haitian workers so as to guarantee that they do not find themselves in situations constituting forced labour, that is, situations in which they are obliged to perform work under threat and without being able to give their valid consent. Please also indicate the measures taken to step up controls in the sectors in which these workers are employed (agriculture, construction and services) and to enable them to assert their rights when they are victims of such practices, irrespective of their status.

Article 25. Criminalization of and penalties for forced labour. The Committee notes that, in their joint observations of 2014, the trade union confederations consider that the legislative framework to combat forced labour is incomplete. They specify that although the Constitution and Labour Code contain the principle that nobody should be forced to work against his or her will, neither the Penal Code nor the Labour Code define the constitutive elements of the offence of “forced labour”, nor do they provide for applicable penalties. The trade unions consider that this has an impact on the work of the labour inspectorate, since labour inspectors can only draw up a report on a legal infringement and submit it to the courts if they have witnessed a situation considered to be a violation of the law. This is not the case with forced labour. In this respect, the Committee stresses that it is vital to make forced labour a criminal offence and to define its constitutive elements so that the authorities responsible for enforcing the law – labour inspectorate, public prosecutor and judges – have a legal basis to enable them to classify situations of forced labour, carry out adequate investigations and initiate corresponding judicial proceedings. The Committee requests the Government to submit comments on the joint observations of the CASC, the CNUS and the CNDT, as well as information on legal decisions handed down in cases of forced labour other than those dealing with trafficking in persons.

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The Committee notes the observations made jointly by the Autonomous Confederation of Workers’ Unions (CASC), the National Confederation of Trade Union Unity (CNUS) and the National Confederation of Dominican Workers (CNTD) on the application of the Convention, which were received in October 2012, and the Government’s report.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the judicial procedures initiated under Act No. 137-03 of 7 August 2003 on the smuggling of migrants and trafficking in persons and on the penalties imposed, as well as any other measures adopted to combat trafficking in persons.

The Committee notes the National Action Plan to Combat Trafficking in Persons and the Smuggling of Migrants, which covers the period 2009–14, adopted under the auspices of the Inter-institutional Commission to Combat Trafficking in Persons and Smuggling (CITIM), which is also responsible for its implementation. The action plan covers three main strategic areas: prevention, the prosecution and punishment of perpetrators, and the protection of victims. In each of these areas, the activities to be undertaken are identified, as well as the time schedules, indicators specifying the objectives to be achieved, the institutions responsible and the mechanisms to monitor and evaluate impact. The Government refers to a number of activities intended to strengthen the knowledge of public officials concerning trafficking in persons, as well as their capacity for prevention, investigation and the initiation of judicial procedures in their areas of competence. Several public awareness-raising activities have also been undertaken by various ministries, including: an Internet site containing information on trafficking in persons and offering a means for victims to denounce their situation through an on-line form or a telephone line; national campaigns, “Do not be deceived” and “Say no to trafficking”; the distribution of documentation, etc. The Government adds that five judicial cases were opened in 2011, of which four are still pending before the courts.

The Committee notes that the Committee on the Elimination of Racial Discrimination, in its concluding observations of March 2013, notes in the difficulties in the enforcement of Act No. 137-03 of 2003 on the smuggling of migrants and trafficking in persons, as well as the lack of sufficient funds for the implementation of the National Action Plan against Trafficking in Persons and the Smuggling of Migrants. It also refers to the absence of investigations into cases of trafficking in persons and the lack of measures for the rehabilitation and protection of victims (CERD/C/DOM/CO/13–14).

The Committee notes all of the measures taken by the Government to combat trafficking in persons and encourages it to continue in this manner. It requests the Government to continue providing information on the implementation of the measures envisaged in the context of the strategic areas of the National Action Plan Against Trafficking in Persons and the Smuggling of Migrants, with an indication of whether the objectives set have been achieved and whether an evaluation has been undertaken of the impact of the measures adopted. Please also provide information on the action taken to strengthen coordination between the actors engaged in combating trafficking in persons and the means and capacities available to the authorities responsible for enforcing Act No. 137-03 of 2003 on the smuggling of migrants and trafficking in persons, in view of the low number of convictions of those responsible for trafficking in persons. Finally, the Committee requests the Government to continue taking measures to ensure that the victims of trafficking benefit from psychological, medical and legal support which enables them to assert their rights and contribute to their social rehabilitation, especially for victims returning to the national territory.

2. Vulnerability of Haitian migrant workers to the imposition of forced labour. In its previous comments, the Committee requested the Government to reply to the allegations made by several trade union organizations concerning the situation of Haitian workers who continued to enter and live in the Dominican Republic without documents, which reinforced their situation of vulnerability and their inability to assert their rights. The trade union organizations emphasized that many Haitian workers who were interviewed entered Dominican territory voluntarily and were then trapped in situations of forced labour in the services, construction and agricultural sectors, often through the methods used by certain employers to keep them in the debt spiral.

In its report, the Government contests the document which served as a basis for the allegations by the unions and indicates that it is not possible to ascertain the truth of the allegations. It refers to certain measures taken in the agricultural sector, including the publication in 2012 of an inspection protocol for the agricultural sector, which provides for the prohibition of forced labour as being one of the points to be verified by inspectors. The protocol contains the relevant legal texts, as well as verification methods that can be used to detect forced labour. The Government adds that inspections were undertaken regularly between 2007 and 2012 by the labour inspectorate in sugar-cane plantations and that no cases of forced labour were detected.

In their latest observations, the trade union confederations refer once again to the situation of Haitian workers who continue to come and work in the Dominican Republic without documents, which increases their situation of vulnerability. As a result, these workers are not covered by reports, statistics or official data. The trade unions also consider that the labour inspections carried out in the sugar-cane harvest sector are inadequate. They add that, as forced labour is not an offence in labour law, situations of forced labour do not appear in the record of offences of the Ministry of Labour as violations of labour law.

The Committee notes that the Committee on the Elimination of Racial Discrimination, in the concluding observations referred to above, expresses concern at the labour exploitation of migrant workers who, as they are undocumented, work under oral contracts or in the informal sector, have limited access to social benefits and do not assert their rights due to the fear of being deported or expelled. In this respect, the Committee recalls that, in the context of the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), it noted the measures taken by the Government to combat discrimination against migrant workers, including the adoption in 2011 of Regulation No. 631-11 under the General Migration Act, section 32 of which establishes that the same fundamental rights applying to nationals are guaranteed under the same conditions to resident foreigners and that the Ministry of Labour must ensure that the equality guaranteed in the Constitution is applied to the conditions of work of immigrants and that labour law is enforced (section 35).

The Committee recalls that the situation of vulnerability which generally affects migrant workers is aggravated when they are undocumented. As a result, through fear of reprisals or expulsion, migrant workers are not always in a position to assert their rights. The Committee recognizes in this respect that bad working conditions do not always constitute a situation of forced labour. However, in cases in which work is imposed by exploiting the vulnerability of the worker, under the menace of any penalty (such as dismissal, wage deductions or the threat of denunciation to the authorities), such exploitation cannot only be classified as bad working conditions and may meet the definition of forced labour set out in Article 2(1) of the Convention. Under these conditions, the Committee requests the Government to continue taking measures to strengthen the protection of Haitian workers so as to guarantee that they do not find themselves in situations constituting forced labour, that is situations in which they are obliged to perform work with being able to give their valid consent (the absence of free and informed consent, external elements which vitiate the consent initially given or the menace of a penalty).

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The Committee notes with regret that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Repetition
Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons and imposition of effective penalties. In its previous comments, the Committee noted the adoption of Act No. 137-03 of 7 August 2003 concerning the unlawful trafficking of migrants and human trafficking, and also the setting up, within the office of the Attorney-General of the Republic, of the Department for Combating Human Trafficking. Nothing that, according to the International Organization for Migration (IOM), the Dominican Republic is still recognized as a country of origin, transit and destination of victims of trafficking and that there are large numbers of victims, estimated at 50,000 persons, the Committee asked the Government to send copies of any court decisions imposing penalties on the perpetrators and send information on any measure taken to combat this phenomenon. In view of the lack of a reply from the Government, the Committee again requests the Government to supply the information that was previously requested.
Vulnerability of Haitian migrant workers to the imposition of forced labour. The Committee noted the joint observations made by the Autonomous Confederation of Workers’ Unions (CASC), the National Confederation of Trade Union Unity (CNUS) and the National Confederation of Dominican Workers (CNTD) on the application of the Convention, which were communicated to the Government on 23 September 2010. In their observations the trade union organizations referred to above indicated that, despite the signing of an agreement between the Dominican Republic and Haiti on contractual conditions to be applied to workers with a view to putting a stop to unauthorized work and illegal migration, Haitian workers continue to enter and reside in the Dominican Republic undocumented, which reinforces the vulnerability of their situation and the impossibility of asserting their rights. Many of them come voluntarily to the Dominican Republic and then find themselves in a situation of forced labour in the service, construction and agriculture sectors. The trade union organizations refer to the document concerning the quest for decent work and the experience of migrant workers in the construction sector in the Dominican Republic. This document emphasizes that a vast majority of workers interviewed stated that, although they have entered the Dominican Territory voluntarily, they found themselves later trapped in a situation of forced labour, by means of debt contracted with the employer. The document describes in particular the various methods used by certain employers to keep these workers in the debt spiral. The Committee requests the Government to reply to these allegations and provide information on the measures taken to ensure that Haitian migrant workers enjoy the protection afforded by the Convention.

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The Committee notes that Article 41 of the new Constitution adopted on 26 January 2010 prohibits slavery, servitude and the trafficking in persons, in all their forms. It notes the joint observations made by the Autonomous Confederation of Workers’ Unions (CASC), the National Confederation of Trade Union Unity (CNUS) and the National Confederation of Dominican Workers (CNTD) on the application of the Convention, which were communicated to the Government on 23 September 2010. Finally, the Committee notes that the Government’s report does not reply to its previous direct request.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons and imposition of effective penalties. In its previous comments, the Committee noted the adoption of Act No. 137-03 of 7 August 2003 concerning the unlawful trafficking of migrants and human trafficking, and also the setting up, within the office of the Attorney-General of the Republic, of the Department for Combating Human Trafficking. Nothing that, according to the International Organization for Migration (IOM), the Dominican Republic is still recognized as a country of origin, transit and destination of victims of trafficking and that there are large numbers of victims, estimated at 50,000 persons, the Committee asked the Government to send copies of any court decisions imposing penalties on the perpetrators and send information on any measure taken to combat this phenomenon. In view of the lack of a reply from the Government, the Committee again requests the Government to supply the information that was previously requested.

Vulnerability of Haitian migrant workers to the imposition of forced labour. In their observations the trade union organizations referred to above indicate that, despite the signing of an agreement between the Dominican Republic and Haiti on contractual conditions to be applied to workers with a view to putting a stop to unauthorized work and illegal migration, Haitian workers continue to enter and reside in the Dominican Republic undocumented, which reinforces the vulnerability of their situation and the impossibility of asserting their rights. Many of them come voluntarily to the Dominican Republic and then find themselves in a situation of forced labour in the service, construction and agriculture sectors. The trade union organizations refer to the document concerning the quest for decent work and the experience of migrant workers in the construction sector in the Dominican Republic. This document emphasizes that a vast majority of workers interviewed stated that, although they have entered the Dominican Territory voluntarily, they found themselves later trapped in a situation of forced labour, by means of debt contracted with the employer. The document describes in particular the various methods used by certain employers to keep these workers in the debt spiral. The Committee requests the Government to reply to these allegations and provide information on the measures taken to ensure that Haitian migrant workers enjoy the protection afforded by the Convention.

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Articles 1 (paragraph 1), 2 (paragraph 1), and 25, of the Convention. Trafficking in persons and imposition of effective penal sanctions. The Committee noted previously that pursuant to Act No. 137-03 on the unlawful trafficking of migrants and human trafficking, a number of measures had been taken to prevent and combat human trafficking including two judgements of the courts of Santiago and Santo Domingo imposing prison sentences and fines. The Committee requested the Government to provide copies of the abovementioned judgements together with information on any other measures taken or envisaged to combat human trafficking. The Committee notes that the Government has not supplied the information requested.

The Committee observes that trafficking in persons is a serious violation of the Convention. It takes due note of the adoption of a constitutional provision prohibiting all forms of human trafficking. The Committee hopes that in its next report the Government will provide the information requested in view of the fact that, according to information from the International Organization for Migration (IOM), the Dominican Republic is still recognized as a country of origin, transit and destination of victims of trafficking, and that there are large numbers of victims, estimated at 50,000 persons.

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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.

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1. Articles 1 and 2, paragraph 1, of the Convention. Freedom of career members of the armed forces to leave their service. In its previous comments, the Committee noted, from the information provided by the Government, that there were no criteria for the acceptance of the application for resignation which members of the armed forces may make under section 205 of the Organic Act on the armed forces (Act No. 873 of 31 July 1978). In practice, members of the armed forces who do not have the rank of officer sign a contract of engagement in accordance with which they are under the obligation to serve the State for four years (section 32 of the Act) and may therefore leave voluntarily upon completion of each contract. The Committee would be grateful if the Government would indicate whether these members of the armed forces are able to resign before the expiry of their contract. Please provide information on cases in which any such application has been made, the decision taken and, where appropriate, any penalties which could be applied.

2. The Committee would be grateful if the Government would provide information on the comments made by the International Confederation of Free Trade Unions (ICFTU) relating to the situation of workers in export processing zones who are compelled to work additional hours, often by locking them in their enterprise, and the fact that new workers in these enterprises are not informed of the optional nature of additional hours (the comments were forwarded to the Government in November 2002 and it has not replied to them).

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The Committee notes the Government’s latest report and observes with regret that it does not contain any reply to the comments made by the International Confederation of Free Trade Unions (ICFTU) on the application of the Convention. The Committee notes that these comments were forwarded to the Government in November 2002. In view of the seriousness of the comments, the Committee requests the Government to communicate its reply with its next report to be provided in 2005, taking particular account of the following matters.

Article 2, paragraph 1, of the Convention. Situation of Haitian workers in sugar cane plantations. In its comments, the ICFTU indicates that Haitian workers in sugar cane plantations often work under conditions approximating slavery as they have no legal status in the country and are totally at the mercy of their employer. Several reports indicate that the clothing and property of these workers are kept locked up and their wages retained so that they cannot leave. According to the ICFTU, these workers are in constant fear of being deported or suffering violence from the authorities and are subjected to deplorable living and working conditions, without any means of recourse.

The Committee has on several occasions expressed concern at the conditions governing the hiring and work of Haitian workers in sugar cane plantations and it requested the Government to provide information on the progress achieved in the regularization of the status of Haitian nationals working and living in the Dominican Republic so that they benefit from the necessary guarantees to be able to choose their employment and working conditions freely. The Committee considered that the uncertainty related to the legal status of these workers, to whom the authorities did not grant residence or work permits and who could therefore be expelled at any time, placed them in a situation of vulnerability which facilitated abuse and practices which impair the rights protected by the Convention.

The Committee notes that, following the adoption of Act No. 141-97 reforming public enterprises, the executive authorities have authorized the concession of sugar plantations to private enterprises, following international tenders. The ten state sugar companies which were administered by the State Sugar Board (CEA) were conceded to private enterprises in 1999. However, the Committee understands that the State recently took back control of three sugar companies with a view to undertaking a rehabilitation, diversification and development project of the state sugar industry with the objective of producing fuel and electrical power from sugar cane, a project formulated with the participation of the United Nations Food and Agriculture Organization (FAO). With a view to ascertaining that no form of forced labour is practised in sugar cane plantations, whether they are the property of the State or of private entrepreneurs, the Committee requests the Government to provide information on the situation of Haitian workers employed there, and particularly on the conditions under which they are hired, the nature of their contracts, the manner in which their wages are determined and paid, etc. It would also be grateful if the Government would provide copies of reports relating to inspections carried out in plantations so that it can assess the manner in which the labour legislation is applied, the number and nature of the infringements reported and the penalties imposed as a result.

Article 2, paragraph 1. The trafficking of persons. In its comments, the ICFTU indicates that the trafficking of women and children with a view to their prostitution is a serious problem. Trafficking takes on several forms: women are victims of trafficking with a view to prostitution in other Latin American and European countries; women and children are the victims of trafficking with a view to their prostitution within the country; and women and children are removed from Haiti to the Dominican Republic to engage in begging. The ICFTU adds that there are severe penalties for the trafficking of persons and that the Government has made progress in its effort to eliminate the trafficking of persons, but that this practice remains widespread.

The Committee notes in this respect that Act No. 137-03 on the smuggling of migrants and the trafficking of persons entered into force on 7 August 2003. It notes with interest that, under the terms of section 3, the trafficking of persons is penalized by a sentence of imprisonment of between 15 and 20 years and a fine of 175 times the minimum wage. The Act also contains provisions on the assistance and protection that has to be provided to the victims of trafficking (advice, information on rights, accommodation, medical care, access to education, training and employment) and the measures which have to be taken to prevent the phenomenon of trafficking (implementation of policies, plans and programmes, development of national and international cooperation). The Committee requests the Government to provide information in its next report on the extent of the phenomenon of the trafficking of persons in the Dominican Republic and the manner in which Act No. 137-03 is applied in practice. In particular, please provide information on any difficulties encountered by the public authorities in combating the trafficking of persons and, where appropriate, the measures adopted to resolve them, as well as on the number of persons prosecuted and penalized under section 3 of the Act, and on the plans or programmes which have been adopted to prevent the trafficking of persons.

The Committee is addressing a request directly to the Government on another point.

[The Government is asked to reply in detail to the present comments in 2005.]

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With reference to section 32 of the Basic Law on the Armed Forces, No. 873, 31 July 1978, under which enlistment into the armed forces is by a contract concluded by the Dominican State and the person concerned for a period of four years, completion of which is compulsory, the Committee notes the information supplied by the Government to the effect that it is studying the possibility of amending section 32 of the Basic Law on the Armed Forces, No. 873, to reduce the period of compulsory service to two years. The Committee asks the Government to provide information on the abovementioned amendment.

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The Committee notes the information provided in reply to its direct request on Article 2, paragraph 2(c), of the Convention.

Article 1 and Article 2, paragraph 1. The Committee notes the information provided in the Government's report to the effect that, in accordance with section 32 of the Organic Act on the Armed Forces, No. 873 of 31 July 1978, recruitment to the armed forces takes place under a contract concluded between the Dominican State and the person concerned for a period of four years. In this respect, the Committee reiterates that the four-year term does not correspond to the concept of a reasonable period required for the termination of the labour relationship of non-commissioned members of the armed forces. The Committee suggests that the Government examine the possibility of amending the legislation to reduce the duration of enlistment and, for example, bring it into line with the two-year period envisaged for the appointment of officials to positions of command in accordance with sections 44, 46, 47 and 48 of the Organic Act on the Armed Forces.

With regard to the acceptance of applications for voluntary retirement by officers in the armed forces at the discretion of the Head of State, the Government is aware that leaving the acceptance of voluntary retirement to the discretion of the Head of State does not appear to guarantee the freedom of officers to leave the service at their own initiative. However, the Government points out that, if the person concerned is not in agreement with a refusal to accept retirement, the decision can be appealed in the courts. It states that in practice no difficulty has ever arisen concerning the acceptance of voluntary retirement. Furthermore, such cases of voluntary retirement are not frequent, in view of the social prestige represented by the uniform as well as the economic situation in the country. In this respect, the Committee requests the Government to keep it informed of any amendment to the legislation in the sense referred to above and recalls that the effect of statutory provisions preventing termination of employment by any worker by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention.

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1. With regard to the situation of Haitian workers on sugar-cane plantations in the Dominican Republic, the Committee refers the Government to its comments on Convention No. 105.

2. Prison labour. In earlier comments, the Committee asked the Government to provide information on the application in practice of section 65 of Act No. 224 respecting prison rules, under which prison workshops may be contracted out to employers, private individuals or enterprises if the State is unable to set them up or operate them.

The Committee notes that the Government's report contains no information on this matter and recalls that under Article 2, paragraph 2(c) of the Convention, prison labour does not constitute forced labour provided that it is carried out under the supervision and control of a public authority and that the person concerned is not hired to or placed at the disposal of private individuals, companies or associations.

The Committee has pointed out that prison labour for private individuals may be compatible with the Convention to the extent that the labour relationship can be assimilated to a free labour relationship, in other words, if the persons concerned voluntarily accept such employment and subject to appropriate guarantees such as the payment of normal wages and social security, consent of trade unions, etc.

The Committee notes that under section 57 of the Act respecting prison rules, work shall be compulsory for any prisoner convicted by a final decision and that anyone refusing to work shall be punished by disciplinary sanctions.

The Committee asks the Government to provide information on the conditions of the work carried out in prison workshops contracted out to employers, private individuals or enterprises, as regards the consent of the prisoners to such employment relationships, the level of remuneration and the other conditions of work such as working hours, social security, etc. The Committee asks the Government to state whether there is a work contract between the prisoner and the employer and, if so, to provide a copy of such contract.

3. Freedom of workers in the service of the State to terminate their employment. The Committee noted the Government's earlier information to the effect that there were no provisions establishing criteria for the acceptance of voluntary retirement of members of the armed forces but that, in practice, servicemen other than officers undertake to serve for four years, after which they may retire voluntarily. In the case of officers, acceptance of retirement depends on the Head of State.

The Committee asked the Government to provide information on cases where applications from officers of the armed forces were refused, and observed that leaving the acceptance of voluntary retirement to the discretion of the Head of State did not appear to guarantee the freedom of officers to leave on their own initiative. As for servicemen other than officers, the four-year period does not appear to be compatible with the notion of the "reasonable period required for the termination of the labour relationship".

The Committee notes that the Government's report does not contain the information requested and hopes that the Government will provide information on the measures taken or envisaged to ensure that members of the armed forces may leave the service, in peacetime, by means of notice or at certain intervals.

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1. Article 2, paragraph 2(c), of the Convention. In its previous direct request the Committee asked the Government to indicate whether the work performed by detainees is supplied by the State or by private individuals or enterprises.

In its report the Government indicates that the work of detainees is supplied by the State, in accordance with the relevant legislation (section 58 of Act No. 244 respecting prison rules). The Committee observes that under section 65 of the same Act prison workshops may be contracted out to employers, private individuals or enterprises if the State is unable to set them up or operate them.

The Committee asks the Government to provide information on the practical effect given to section 65 of Act No. 244 respecting prison rules.

2. Freedom of workers in the service of the State to terminate their employment. In its previous direct request the Committee asked the Government to provide a copy of the provisions governing the criteria for the acceptance of retirement applications from members of the armed forces, envisaged in section 205 of Organic Act No. 873.

The Committee notes the Government's indication that no such provisions exist but that, in practice, servicemen other than officers undertake to serve for four years, after which soldiers or policemen may retire voluntarily by submitting a written application to their supervisor. Officers may apply for voluntary retirement at any time and acceptance depends on the Head of State, who usually gives his consent.

The Committee observes that the four-year period applying to servicemen other than officers does not appear to be in keeping with the notion of the "reasonable period" required for the termination of the labour relationship, and that the lack of any provisions for officers, which means that acceptance of applications for voluntary retirement is left to the discretion of the Head of State, makes it impossible to ascertain whether the freedom of these servicemen to leave on their own initiative is guaranteed in practice.

The Committee asks the Government to provide information on the situation of career servicemen, other than officers, who in the last two years have applied to leave the service before completion of the four year period, and of officers whose applications for retirement have been refused during the same period.

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1. Article 2, paragraph 2(c), of the Convention. In its previous comments, the Committee requested the Government to supply detailed information on the system of prison work, and in particular on the organization of this work, on work centres, on the number of prisoners involved, on the conditions under which they work, the destiny of the products which they make and the services that they perform.

The Committee notes the information contained in the report on the system of prison work of the General Directorate of Prisons, which was supplied by the Government. According to this information, work in prisons is fairly low; 180 detainees are covered by the system of prison work out of a prison population of 9,033.

The Committee requests the Government to state whether the work performed by detainees is supplied by the State (section 58 of Act No. 244 respecting prison rules) or by private individuals or enterprises, as permitted by section 65 of the same Act.

2. Freedom of workers in the service of the State to terminate their employment. With reference to the voluntary retirement of career military personnel, the Committee requests the Government to supply copies of the provisions governing the criteria for the acceptance of retirement applications from members of the armed forces, which are envisaged under section 205 of Organic Act No. 873.

3. The Committee notes Act No. 14-91 respecting civil service and administrative careers.

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The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters:

1. Article 2, paragraph 2(c), of the Convention. In its previous direct request, the Committee requested the Government to supply detailed information on the system of prison work, and in particular, on the organisation of this work, on work centres, on the number of prisoners involved, on the conditions under which they work and on the services that they perform.

The Committee notes, from the Government's indications in its report, that there are no legal provisions explicitly prohibiting placing prisoners at the disposal of private individuals, companies or associations, and that, in the event of a provision of this nature being adopted, it will be forwarded to the ILO. The Committee requests the Government to continue supplying information on this matter.

2. Freedom of workers in the service of the State to terminate their employment. With reference to the voluntary retirement of career military personnel, the Committee notes that the Government refers once again in its report to voluntary or compulsory retirement, but that copies of the provisions governing the criteria for the acceptance of retirement applications have not been supplied.

The Committee requests the Government to supply copies of the provisions governing the criteria for granting voluntary retirement to members of the armed forces, as set out in section 205 of Organic Act No. 873.

3. The Committee notes that a Bill respecting civil service and administrative careers, governing the relationship between the State and its employees, is before the Senate of the Republic for discussion and adoption. The Committee requests the Government to supply a copy of the Act respecting civil service and administrative careers once it has been adopted.

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Haitian workers in the sugar-cane harvest. See the observation under Convention No. 105, as follows:

A. Employment in sugar-cane plantations

In comments made since 1984, the Committee has drawn attention to the need to take measures to ensure the observance of the Convention in sugar-cane plantations and to end the abuses committed against workers of Haitian origin, in accordance with the recommendations made in 1983 by the Commission of Inquiry set up to examine the observance of the Convention.

In October 1988, during a direct contacts mission to the Dominican Republic and Haiti undertaken at the request of the governments of the two countries, the Government of the Dominican Republic reaffirmed its will to take every measure to ensure that the situation of agricultural workers in general, and of those of foreign nationality in particular, responds increasingly to the Conventions it has ratified.

In the observation that it made in 1989, the Committee hoped that this undertaking by the Government would make possible real progress in the implementation of the necessary measures to resolve the problems noted. The problems linked to the fact that workers of Haitian origin are not granted a legal status were particularly brought to light by the round-ups of persons living in the Dominican Republic, made with the assistance of police officers and military personnel in order to remedy the shortage of labour for the cane harvest. The problems were aggravated by renewed immigration that was both illegal and managed by the State Sugar Board (CEA). The persistence of the problems noted emphasised the urgent need for the Government to adopt the measures recommended by the Commission of Inquiry in 1983 and recalled since then by this Committee. Three groups of measures appear of priority importance:

1. The regularisation of the status of Haitians who have lived and worked in the country for a given period of time and the issue of identity papers to persons born in the Dominican Republic (paragraph 527 of the report of the Commission of Inquiry). At the same time, economic promotion measures should make it possible to stabilise the labour force employed on plantations (paragraph 516).

2. The regularisation of the hiring procedure and residence in the country of workers entering the country to work on the sugar-cane harvest (paragraphs 521 and 522). In so far as the entry of new workers into the country is recognised as being necessary to the operation of the economy, measures should be taken by the Dominican Government, either within the framework of an inter-governmental agreement or outside it, so that the process operates in an orderly manner and the workers concerned enjoy the necessary safeguards concerning their free choice of employment and their terms and conditions of employment and so that the role played by the armed forces in this context may be ended. These measures should include the following:

(a) the determination of the number of workers whose engagement by the various employers would be authorised;

(b) the establishment of placement offices at appropriate locations where such workers seeking employment in the Dominican Republic could be hired for the sugar-cane harvest, and be given a medical examination and issued with the necessary documents (residence and employment permits);

(c) the provision of clear information to the workers concerned on their terms and conditions of employment, by means of individual contracts of employment or a written statement (which should also be available in Creole);

(d) the transportation of the workers engaged to their places of employment.

3. Protection by the competent authorities of the rights and freedoms of workers. In this connection, the Government should take the necessary measures to:

(a) prevent by all the means at its disposal the recurrence of round-ups of persons for work in plantations and enforce the application of appropriate sanctions to those responsible for such cases;

(b) ensure that labour legislation is applied to sugar-cane workers, in accordance with Basic Principle III of the Labour Code, under which labour legislation is of a territorial nature and applies to citizens of the Dominican Republic and aliens without distinction; the Committee refers to its comments regarding the labour inspection services under Convention No. 95;

(c) in addition, to set up in "bateyes" of the CEA and in private plantations, civil administration structures such as exist in other population centres. This presence of the public authorities should ensure in a more permanent manner than is possible in real terms through the labour inspectorate the protection of the rights of workers and their families in plantations, since they will no longer be dependent in all the areas of their lives exclusively on the employer's administrators, assisted by the rural police force.

The Committee hoped that the Government would supply detailed information on the measures that it had taken to this effect.

In a report received before the Conference in 1989, the Government indicated that the national authorities were examining possible measures to be adopted in the near future to regularise the recruitment, employment and labour of aliens residing in the country, and particularly to restrict as much as possible the illegal trafficking of Haitian workers and their subsequent exploitation in inadequate living and working conditions. The Government also indicated that it had not been possible to achieve full "Dominicanisation" of the harvesting operations in sugar plantations, despite the great efforts made to attract Dominican and resident Haitian agricultural workers and the measures taken to grant to the latter a legal and social status similar to that enjoyed by Dominicans. No further details have been provided regarding the measures stated to have been taken to grant to resident Haitian workers a legal status and even a status similar to that of Dominicans.

The Committee also notes the discussion held in the Conference Committee in 1989 concerning the application of Conventions Nos. 95 and 105 by the Dominican Republic. The Conference Committee, taking note of the direct contacts which took place in October 1988, expressed its extreme concern over the situation of Haitian workers in the Dominican Republic. It stressed that there had been no progress, either in terms of legislation or practice, on essential points raised over a number of years by the Commission of Inquiry, the Committee of Experts and the Conference Committee. The Dominican Republic had requested ILO assistance in order to ensure the application of the Conventions in both its legislation and in practice. In this regard, the Conference Committee considered that special efforts were called for so that the ILO could, as from the 1989-90 harvest, verify the situation and ascertain on the spot the improvements that had been promised but were still awaited. The Conference Committee insisted upon the need for the Government to take the necessary measures, whose implementation should be verified in practice. The Conference Committee also noted that the Government had requested ILO assistance in drawing up an agreement with Haiti concerning the migration of workers. The Conference Committee trusted that any agreement drawn up with ILO assistance would particularly heed the comments of the supervisory bodies. The Conference Committee also trusted that, whether or not such an agreement were concluded, the Government of the Dominican Republic would without delay take the measures necessary to give full effect to the comments made by the ILO supervisory bodies.

A mission of representatives of the Director-General of the ILO was due to visit the Dominican Republic and Haiti in August 1989 to give effect to the request for assistance, as noted by the Conference Committee. This mission, whose mandate was to include the implementation of the measures requested by the supervisory bodies, was cancelled after the Government of the Dominican Republic expressed its disagreement with the orientation of the mission. The Committee notes that since then, and during the whole of the 1989-90 harvest, the Government has failed to take the measures requested by the Conference Committee for the ILO to be able to verify the situation and ascertain on the spot the improvements that have been promised but are still awaited. As regards the measures that, according to the Government's report that was received before the Conference in 1989, were to have been taken in the near future to regularise the recruitment, employment and labour of foreigners resident in the country, the Government has supplied no report since the 1989 Conference on the provisions adopted.

The Committee expresses its extreme concern at the contradiction between the stated intentions of the Government and the absence of any information indicating that real progress has been achieved as regards the implementation of measures to ensure the observance of the Convention.

B. Matters not related to plantations

Article 1(c) of the Convention. The Committee referred in its previous comments to Act No. 3143 of 11 December 1951, as amended by Act No. 5225 of 1959, under which workers who have not completed their work on the agreed day or within the estabished time-limits, when they have been paid in advance for such work, are punishable by prison sentences involving compulsory labour.

The Committee notes the information supplied by the Government in its report received before the Conference in 1989 to the effect that Act No. 3143 has fallen into abeyance and that the authorities have envisaged repealing it. The Committee hopes that the Government will soon be able to report that this Act has been repealed.

Article 1(d). With reference to sections 370, 373, 374, 378, paragraph 16, and 679, paragraph 3, of the Labour Code, under which sentences of imprisonment involving compulsory labour may be imposed for participation in strikes, to which the Committee has referred in previous comments, the Government indicated in its report received before the Conference in 1989 that the necessary steps had been taken to amend or repeal these sections. The Committee hopes that the provisions referred to will soon be amended or repealed so as to ensure the observance of the Convention on this point. [The Government is asked to report in detail for the period ending 30 June 1990.]