CMNT_TITLE

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

Other comments on C029

Observation

Direct Request

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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.