Observation (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

In its previous observation, the Committee referred to the comments that it has been making for a number of years in connection the Abolition of Forced Labour Convention, 1957 (No. 105) concerning the situation of Dominican workers of Haitian origin employed in the sugar plantations and the enterprises of the State Council for Sugar (CEA) who are the subject of discriminatory practices, particularly with regard to their working conditions and the regular payment of their wages. It requested the Government to provide information on any measures taken or under consideration to abolish such practices and to guarantee effective equality of opportunity and treatment, in accordance with Convention No. 111, in employment and occupation for all Dominican nationals of Haitian origin.

In reply to that observation, the Government referred the Committee to its report on Convention No. 105 containing general information on all Haitian workers engaged in the sugar industry. The Committee has examined this information and the discussions that took place in the Conference Committee in June 1989 on Convention No. 105 and notes, in particular, the measures taken to increase the number of labour inspectors and to step up the work of the labour inspection services in the plantations and the various agricultural undertakings. It also notes that a committee has been set up to examine the possibility of finding humane and legal solutions to the problem of Haitian agricultural workers or agricultural workers of Haitian origin, in general. The Committee asks the Government: (a) to provide details of the results of the work of the inspection services, particularly with regard to Dominican workers of Haitian origin who are engaged not only in the agricultural sector but also in construction or other private sector enterprises; and (b) to provide information on the work of the above-mentioned committee, its recommendations and their implementation. In addition, it again expresses the hope that the revision of the Labour Code, to which the Government has been referring for a number of years, will be completed very shortly, and that the new Code will contain provisions formally prohibiting all discrimination in employment and occupation (particularly in respect of working conditions and wages) on grounds of race, colour, sex, religion, political opinion, national extraction or social origin, in accordance with Article 1, paragraph 1(a), of the Convention.

The Committee also asks the Government to refer to its comments on Convention No. 105, as well as to a request concerning certain points which is being addressed directly to the Government on Convention No. 111.