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

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

The Committee welcomes the signature on 1 July 2016 of the Tripartite Agreement concerning the Establishment of the Roundtable on Issues relating to International Labour Standards between representatives of the Ministry of Labour and of the employers’ and workers’ organizations.

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.

Article 1(1)(a) of the Convention. Discrimination on the grounds of colour, race or national extraction. For a number of years, the Committee has been referring to discrimination against Haitians, Dominicans of Haitian origin and dark-skinned Dominicans, and to the particular situation faced by these workers in relation to the application of the principles of the Convention since the Constitutional Court ruling No. TC/0168/13 of 23 September 2013 was issued. The ruling retroactively denied Dominican nationality to foreign nationals and children of foreign nationals, which particularly affected Haitians who have been living in the country for decades and their children, despite the latter having been born in the country. The Committee noted the adoption of the National Plan for the Regularization of Foreigners (Regularization Plan) and Act No. 169-14 of 23 March 2014, both of which had the aim of resolving the situation of Haitians and Dominicans of Haitian descent, and asked the Government to provide further information on the Regularization Plan and to ensure that migration status or lack of documentation did not exacerbate the vulnerability of these workers to discrimination in employment and occupation. The Committee notes the Government’s statement that, under the Regularization Plan, a total of 249,722 files were approved between the end of 2015 and September 2016. However, the Government does not provide details of the numbers of Haitians whose migration status has been regularized or of the numbers of Dominicans of Haitian descent who have received their Dominican documentation. Moreover, the Government reiterates that migrant workers enjoy the same rights as national workers. However, the Committee notes that the Government does not provide any specific information on complaints of discrimination submitted by Dominican workers of Haitian origin or dark-skinned Dominicans. The Committee notes that the CNUS, CNTD and CASC point out that Haitian workers are paid lower wages. The Committee requests the Government to continue sending information on the application in practice of the National Plan for the Regularization of Foreigners and Act No. 169-14 of 23 March 2014, including statistical information on the number of Dominicans of Haitian origin who have obtained naturalization and the number of Haitian migrant workers whose situation has been regularized. The Committee also requests the Government to take measures, including in the context of the Tripartite Agreement concerning the Establishment of the Roundtable on Issues relating to International Labour Standards, to promote equality and non-discrimination for Haitian workers and Dominicans of Haitian origin in all aspects of employment and occupation, particularly as regards equal remuneration, and to ensure that migration status or lack of documentation does not exacerbate the vulnerability of these workers to discrimination in employment and occupation on the grounds covered by the Convention. The Committee requests the Government to provide information in this respect, particularly on any complaints of discrimination, including pay discrimination in employment, submitted by Dominican workers of Haitian origin or dark-skinned Dominicans, the follow-up action taken, penalties imposed and compensation awarded.

Discrimination on the basis of sex. Sexual harassment and mandatory pregnancy testing to secure or retain employment. For a number of years, the Committee has been referring to the persistence of discrimination on the basis of sex, particularly mandatory pregnancy testing, sexual harassment and the lack of effective application of the legislation in force, including in the maquila (export-processing) sector. In its previous comments, the Committee urged the Government to take the necessary steps to provide adequate protection for victims of sexual harassment that is not limited to the possibility of terminating the employment contract and to adopt legal provisions that define and expressly prohibit sexual harassment, and also provisions that establish the explicit prohibition in law of mandatory pregnancy testing to secure or retain employment. The Committee notes that the Government indicates that awareness-raising and training workshops on sexual harassment have been held for employers and workers in the workplace by the Gender Equity Department and the Inspection Systems Directorate, and indicates that no complaints of sexual harassment have been submitted. As regards the measures applied with respect to the prohibition of pregnancy testing in relation to employment, the Government makes a general reference to the implementation of measures by the Ministry of Labour to guarantee the right to maternity protection. The Committee notes that the CNUS, CNTD and CASC point out that mandatory pregnancy testing for securing or retaining employment is frequent in all enterprises, particularly textile enterprises and call centres in the maquila sector, where sexual harassment persists. The Committee reiterates that both mandatory pregnancy testing for securing or retaining employment and sexual harassment are serious forms of discrimination. The Committee urges the Government once again to take the necessary steps to establish a mechanism for the prevention of sexual harassment and the protection of victims throughout the country, including in the maquila sector, that is not limited to the possibility of terminating the employment contract. The Committee requests the Government to take the necessary measures to ensure that legal provisions are adopted that define and expressly prohibit both quid pro quo and hostile working environment sexual harassment. The Committee also urges the Government once again to take the necessary measures without delay to establish an explicit prohibition in law of mandatory pregnancy testing to secure or retain employment. The Committee requests the Government to send information on any progress made in this respect, and also on complaints made in relation to sexual harassment and mandatory pregnancy testing, the follow-up action taken, penalties imposed and compensation awarded.

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