Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Dominican Republic (Ratification: 1964)

The Committee notes the observations made by the National Confederation of Trade Union Unity (CNUS), the Autonomous Confederation of Workers’ Unions (CASC) and the National Confederation of Dominican Workers (CNTD), received on 2 September 2014, which state that domestic workers are not covered by the Labour Code and do not enjoy equal rights with other workers, and that persons over 35 years of age have greater difficulty accessing employment. The trade unions also refer to issues under examination by the Committee, such as the continuing requirement for pregnancy testing and for testing to establish HIV status to obtain and keep a job, and wage discrimination to which workers of Haitian origin and from other Latin American countries in the construction sector are subjected. The Committee also notes the observations made by the Employers’ Confederation of the Dominican Republic (COPARDOM) and the International Organisation of Employers (IOE), received on 28 August 2014, in which they condemn discrimination and report on activities performed within the framework of the policy on HIV/AIDS in the workplace. The Committee requests the Government to provide its comments on these matters, in particular on the situation of domestic workers and persons over 35 years of age and on the activities carried out in the framework of the Policy on HIV/AIDS in the workplace.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 103rd Session, May–June 2014)

Article 1 of the Convention. The Committee notes the discussion in the Conference Committee in May–June 2014. In its conclusions, the Conference Committee recalled that the case was examined in 2008 and 2013 and that it had raised issues relating to discrimination in employment and occupation against Haitians and dark-skinned Dominicans, discrimination based on sex, including sexual harassment, mandatory pregnancy testing, and mandatory testing to establish HIV status. The Conference Committee also referred to Ruling No. TC/0168/13 of the Constitutional Court of 23 September 2013 which, applying the law retroactively, denies Dominican nationality to foreign nationals and children of foreign nationals, disproportionately affecting Haitian nationals and Dominicans of Haitian descent. In this regard, the Conference Committee noted the information provided by the Government relating to the adoption of practical and legislative measures, in particular Decree No. 327-13 of 20 November 2013 establishing the national plan on the regularization of foreign nationals and of Act No. 169-14 of 23 May 2014, intended to provide a solution to the situation of Dominicans of Haitian descent. The Conference Committee urged the Government to intensify its efforts to effectively apply the legislation on discrimination, strengthen sanctions, and ensure that complaints procedures are effective and accessible to all workers, including workers of Haitian origin, migrant workers and workers in the export processing zones. It also urged the Government to take specific steps against the existing social and cultural stereotypes that contribute to discrimination in the country, and to adopt the necessary measures to ensure the effective application of the legislation prohibiting mandatory pregnancy and HIV and AIDS testing to obtain and keep a job and of provisions explicitly prohibiting sexual harassment in the work place. The Conference Committee encouraged the Government to establish a tripartite standing committee to address all issues relating to equality and non-discrimination, including those concerning workers of Haitian origin.

The Committee notes the Government’s indication that the General Employment Directorate oversees that all policies, programmes and projects guarantee equality of opportunity and elimination of discrimination, including in training activities and in access to employment. The Government indicates that training has been provided to labour inspectors, employers and workers relating to equality of opportunities with a gender-based approach. The Committee also notes that the function of the Tripartite Institutional Technical Committee on Equality of Opportunities, established by the Ministry of Labour, is to follow up on policies, programmes and projects which promote workers’ rights. The Government refers to training and awareness-raising measures concerning HIV and AIDS in the workplace and the inclusion of persons with disabilities in the labour market, and indicates that transport facilities and support are provided to persons with disabilities so that they are able to attend training sessions.

The Committee notes with regret that the Government’s report does not contain specific information demonstrating that measures have been adopted to address the issues pending for many years before the Committee and examined on several occasions by the Conference Committee relating to discrimination against Haitian workers, Dominicans of Haitian descent and migrants, and to the requirement for pregnancy testing to obtain or keep a job. The Committee requests the Government to take urgent and specific measures to ensure that Haitian workers, Dominicans of Haitian descent and migrants enjoy adequate protection against discrimination on the ground of national extraction, including access to effective complaints mechanisms that provide for effective sanctions in case of violations and remedies to the victims. The Committee requests the Government to provide information in this regard and on the number and outcome of complaints of discrimination based on national extraction. The Committee also requests the Government to provide information on the implementation of the Plan on the Regularization of Foreign Nationals and on the application in practice of Act No. 169-14 of 23 May 2014, and on their impact on the opportunities of the persons concerned in obtaining and keeping a job, and on how it is ensured that the Plan and Act do not exacerbate the situation of vulnerability of this category of persons. Please include information, disaggregated by sex on the number and the nationality of persons covered under the Plan on Regularization and Act No. 169-14.

The Committee also urges the Government to take specific measures to raise awareness, and prevent sexual harassment and address the requirement for pregnancy testing to obtain and keep a job. In particular, the Committee requests the Government to take measures to incorporate into the legislation, including within the framework of the current revision of the Labour Code, provisions which explicitly prohibit and sanction sexual harassment (both for acts amounting to sexual blackmail (quid pro quo) and hostile environment sexual harassment) and the requirement for pregnancy testing. The Committee requests the Government to supply information on any developments in this regard, and on the number and nature of complaints submitted, their outcome, the penalties imposed, and remedies provided. Please provide information on the activities carried out by the Institutional Technical Committee on Equality of Opportunities and their impact on the application of the Convention.

The Committee recalls that the Conference Committee invited the Government to avail itself of the technical assistance of the Office in order to ensure the effective application and monitoring of the law and policy concerning non-discrimination.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2015.]