Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's report and the comments on the application of the Convention submitted by the National Trade Union of Agricultural Workers of Sugar and Similar Plantations (SINATRAPLASI), the Trade Union of Cane-Cutters of the Barahona Plantation (SIPICAIBA) and the Union of Agricultural and Similar Plantations' Workers of the Ingenio Barahona (SITRAPLASIB), which were received in a communication of October 1996 a copy of which was sent to the Government in November 1996. The Government sent its comments on the questions raised in a communication received in June 1997. The Committee also notes the report on the matters raised by the above organizations prepared by the Director of the State Sugar Board (CEA).

Issues arising from the situation of Haitian workers in the Dominican Republic, related to the application of the Conventions on forced labour

The above-mentioned organizations submit (in a single document) that the amendments to the legislation, particularly the Labour Code and the various programmes announced by the Government, have led to no significant improvement in the conditions of Haitian workers employed on sugar plantations in the Dominican Republic. They allege that workers assigned to a plantation are not allowed to leave it before the harvest and that those who refuse to obey are brought to order by the plantations' armed guards or soldiers who constantly oversee cane-cutting. In addition, workers who have been living for many years on the plantations are threatened with expulsion if they refuse to work.

The above organizations also allege that only few workers have signed individual work contracts and that, although contracts written in Creole have been introduced, they are unintelligible.

The organizations note, however, that as part of the reform introduced by Decree No. 417/90, the Ministry of Labour has set up delegations for the purpose of ensuring compliance with the terms of the work contract and that plantation overseers have been dismissed for misconduct.

As for the regularization of the situation of Haitian workers living and working in the Dominican Republic, the organizations allege that following the steps taken by the National Migration Directorate to "register" the Haitian population in 1990, the only result has been the expulsions ordered in 1991, and also the expulsion of Haitians who had obtained the temporary work permit authorized by Decree No. 417/90 on expiry of the permit.

In conclusion, the above-mentioned organizations consider that the measures taken are largely ineffective, the more so as they apply only to workers hired since 1991 and exclude the larger group of resident workers who are totally uncertain as to their legal situation.

The Committee notes the Government's comments on these allegations. According to the Government "workers hired for cane-cutting enjoy full freedom of movement, since drastic measures were taken against former practices and that today it would be difficult to assert that such practices are common". The Committee notes that in the report which the Director of the CEA prepared on the issues raised by the trade union organizations, it is stated that, "cooperation from military staff has been confined to escorting convoys of day labourers to and fro between Santo Domingo and Haiti and that in such cases the staff involved speak Creole and wear civilian dress".

The Government indicates that for the sugar harvest which began in November 1996 care was taken to inform the "cutters" about the conditions in which they would perform the tasks of cutting, lifting and transporting cane. The Government indicates that there is full freedom of movement but that a worker who abandons the job for which he was hired is repatriated and that every temporary worker is given a contract drawn up in Spanish and Creole, under supervision of a labour inspector. The Committee notes the contracts in Spanish and Creole sent by the Government.

With regard to the regularization of the status of Haitian workers who have been living and working in the country for some time, the Government states that for the 1996 harvest temporary residence cards were issued for the duration of the harvest to 13,350 Haitians hired by the CEA and that the Migration Directorate has started a procedure for issuing residence cards, permanent or temporary as needed. The Government adds that, with cooperation from the International Migration Organization (IMO) work is under way on the drafting of a new law on migration (a copy of which was sent by the Government) and that IMO technical cooperation has also been obtained for defining and developing a labour migration division in the Ministry of Labour. A joint bilateral committee made up of representatives of both States has been set up to examine the various aspects of Dominican-Haitian relations.

The Committee notes that, with regard to the regularization of the status of Haitians working and living in the Dominican Republic, the information supplied by the Government indicates that the measures are at an early stage, despite the fact that for many years the Committee has been pointing out that the application of the Convention is affected by the uncertainty of the legal status of many workers, since such uncertainty makes the workers more vulnerable and may lead to abuses and practices which impair the rights protected by the Convention.

The Committee hopes that the Government will give effect to the recommendations which it has been making for some time concerning the regularization of the status of Haitian workers living and working in the Dominican Republic and that it will report on any progress made.

The Committee asks the Government to provide information in its next report on the work of the joint bilateral committee as regards the conditions for the hiring of Haitian workers for the cane harvest.