Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Dominican Republic (Ratification: 1999)

The Committee notes the observations of 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 1 September 2016, as well as the Government’s reply, received on 25 October 2016.

Article 5 of the Convention. Effective tripartite consultations. The Committee notes with interest the signing on 1 July 2016 by the CNTD, the CNUS, the CASC and the Employers’ Confederation of the Dominican Republic (COPARDOM) of the tripartite agreement on the establishment of a round table on issues relating to international labour standards. The Government indicates in its report that the round table will, inter alia: analyse and discuss compliance with the ILO Conventions ratified by the Dominican Republic, with special emphasis on the fundamental and governance Conventions; discuss and prepare the reports that the Government must send to the Committee of Experts, so that the parties can discuss and prepare pertinent replies to the observations and direct requests made by the Committee; and analyse and discuss the content of the ILO Conventions that the Government proposes to ratify and their potential impact, and of Recommendations. The Committee notes that the second clause of the tripartite agreement establishes that the parties to the agreement shall draft and adopt rules of procedure for the round table to define its methods of work and functioning. In their observations, the CNUS, the CASC and the CNTD indicate once again that trade unions are not taken into account or consulted, and that the reports and the replies to the questionnaires that have to be prepared by the Government are not referred to them. They add that, although the Government has initiated a process to discuss and send comments that have been agreed on a tripartite basis, the appointment in August 2016 of a new Minister of Labour has prevented the round table from being fully operational. The Government indicates in its response that, prior to their transmittal, between 15 January and 12 August 2016, consultations were held on the reports with workers’ and employers’ organizations. It adds that the Board’s regulations are being drafted jointly with the organizations of workers and employers, and with technical assistance from the Office. The Government also refers to the 2015 observations on the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19), in which the Committee took note of the joint tripartite declaration signed by the Government, COPARDOM, the CNUS, the CASC and the CNTD. The Government further indicates that these trade union federations were also invited to participate in the discussions held on the Institutional Strategic Plan 2016–20.

The Committee refers to its observation of 2014 and recalls the importance under Article 5(1)(a) and (d) of the Government providing a copy of proposed replies or reports to the respective organizations, in order to gather their opinions before preparing a definitive reply or report. The Committee requests the Government to provide its comments on the observations of the CNUS, the CASC and the CNTD. The Committee hopes that the activities of the round table on issues relating to international labour standards will begin in the near future and that the Government will be able to provide information on the drafting and adoption of the rules of procedure envisaged in the tripartite agreement, the consultations held on replies to questionnaires concerning items on the agenda of the Conference (Article 5(1)(a)), the proposals made to the National Assembly in connection with the submission of instruments adopted by the Conference (Article 5(1)(b)) and the preparation of reports on the application of the ratified Conventions (Article 5(1)(d)). Please also indicate whether tripartite consultations have been considered for the re-examination of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c)).