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

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

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. The Committee requests the Government to provide its comments in that respect.

Article 2 of the Convention. Equality of opportunity for men and women. In its previous comments, the Committee asked the Government to continue taking measures to promote equality of opportunity for men and women in employment and to report on the specific impact of the measures taken under the National Plan for Gender Equality and Equity 2007–17 (now 2006–16) to increase the participation of women in the labour market, including in sectors where jobs are predominantly occupied by men. The Committee notes the data from the National Office of Statistics for 2015, according to which the occupation rates for men and women were 63.16 and 36.8 per cent, respectively, with marked gender-based occupational segregation. Specifically, in 2015 men accounted for 94.4 per cent of the workforce in agriculture, livestock farming, hunting and forestry, 96.8 per cent in mining and quarrying, and 93.6 per cent in the construction sector, whereas women represented 56.6 per cent in the hotel and restaurant sector and 41.73 per cent in financial services. The Committee notes that the Ministry of Labour has undertaken activities and workshops to promote occupational and technical training for women in sectors where they are under-represented, including general and automotive engineering, electronic maintenance and masonry work. The Committee notes the report of the National Technical and Vocational Institute (INFOTEP), according to which women represented 54.4 per cent of workers in 2014 who had access to technical and vocational training. However, the report does not indicate the type of training received by men and women participants. The Committee also notes that the Government has sent the 2012–16 report of the Equal Opportunities and Non-Discrimination Directorate at the Ministry of Labour, which refers to the adoption of a set of measures to promote equality of opportunity and treatment for women in employment, such as the preparation of the “Guide to labour rights with regard to equal opportunities and non-discrimination”, the implementation of awareness-raising and training workshops for the staff of regional employment offices and for workers and employers. Apart from this general information, the report does not contain any details on specific measures adopted in the context of the National Plan for Gender Equality and Equity 2007–17 (now 2006–16) or on the results achieved. The Committee requests the Government to continue taking steps to promote equality of opportunity and treatment for men and women in respect of employment in order to increase women’s participation in the labour market. The Committee also requests the Government to take specific measures to tackle existing occupational segregation, particularly through education and vocational training for women to enable them to gain access to a wider range of jobs with career prospects and higher wages, including in sectors where men traditionally predominate. It also requests the Government to send information, in accordance with Article 3(f) of the Convention, on the results achieved through the measures adopted under the National Plan for Gender Equality and Equity 2006–16. The Committee requests the Government to provide information on the participation of men and women in vocational training, indicating the specific training provided, and in the labour market, including statistics disaggregated by sex, sector and level of occupation.

Discrimination on the ground of HIV/AIDS. With regard to the measures taken to prevent and eliminate discrimination on the ground of HIV/AIDS, and on any complaints of discrimination on this ground, the Committee notes that the CNUS, CASC and CNTD point out that enterprises frequently require workers to undergo HIV testing to secure or retain employment. The Committee notes the Government’s reference to the signature of agreements between the Ministry of Labour and private enterprises with a view to the adoption of HIV/AIDS policies; the implementation of 252 follow-up visits to evaluate the implementation thereof; the holding of workshops to raise awareness of discrimination on grounds of HIV/AIDS; and Act No. 135-11 on HIV/AIDS, targeting inspectors, workers and private enterprises. The Committee further notes that the Government reports on the small number of complaints received during workplace visits conducted by labour inspectorates concerning discrimination on the ground of HIV/AIDS and indicates that Act No. 135-11 on HIV/AIDS does not assign any powers to the Ministry of Labour to impose penalties. The Committee requests the Government to continue taking steps to prevent and eliminate discrimination on the ground of HIV/AIDS, particularly in the form of HIV testing to secure or retain employment. The Committee requests the Government to continue providing information on any complaints submitted concerning discrimination on the ground of HIV/AIDS, and to indicate the follow-up action taken, the manner in which victims can obtain compensation, and the penalties imposed on persons committing such discrimination.

Enforcement. In its previous comments, the Committee asked the Government to provide information on the type of training given to labour inspectors in relation to all aspects of application of the Convention. The Committee observes that the Government merely refers to training in relation to HIV/AIDS. Emphasizing the key role of labour inspection in the application of the Convention in practice, the Committee requests the Government once again to take steps to provide labour inspectors with adequate training in relation to all aspects of application of the Convention and to provide information in this respect.