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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Dominican Republic (Ratification: 1956)

In its previous comments, the Committee noted the 2013 observations of the International Trade Union Confederation (ITUC) alleging acts of violence and threats against trade union leaders. In this respect, the Committee notes the Government’s statement that the Ministry of Labour is undertaking labour inspections and promoting dialogue and mediation, thereby effectively protecting freedom of association and the right to organize. The Committee requests the Government to indicate whether investigations have been carried out into the alleged acts of violence and threats and to inform it of the outcome thereof and of any measures taken in this respect. The Committee also notes the observations of the ITUC received on 1 September 2016 referring to legislative matters raised in the present observation and allegations of intimidation, arrest and dismissal of trade union members and leaders. In this respect, the Committee notes the Government’s indication that the occurrences referred to by the ITUC will be discussed in the Roundtable on Matters relating to International Labour Standards established by tripartite agreement, as referred to by the Committee in the present observation. The Committee further 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 19 September 2016, concerning legislative matters raised in the present observation and practical difficulties for trade unions in obtaining legal personality. The Committee requests the Government to send its comments on this last point.

The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2016, which are of a general nature.

The Committee recalls that for a number of years it has been asking the Government to take the necessary steps to amend the following legislative provisions which are not in conformity with Articles 2, 3 and 5 of the Convention:

• -section 84(I) of the Regulations adopted under the Civil Service and Administrative Careers Act (Decree No. 523-09), which maintains the requirement to affiliate at least 40 per cent of the total number of employees enjoying the right to organize in the institution concerned, in order to be able to establish an organization of civil servants;
• -section 407(3) of the Labour Code, which requires at least 51 per cent of workers’ votes in the enterprise in order to call a strike; and
• -section 383 of the Labour Code, which requires federations to obtain the votes of two-thirds of their members to be able to establish confederations.

The Committee notes the Government’s statement that the Commission for Reviewing and Updating the Labour Code, which was established in 2013, is still engaged in discussions and consultations on the amendments proposed by the Committee. The Government also states that the amendments proposed by the Committee were discussed in the Labour Advisory Committee and, as a result of the discussions, a tripartite agreement was signed on 1 July 2016 concerning the establishment of a Roundtable on Matters relating to International Labour Standards, the main objective of which is to ensure observance of the aforementioned standards. The Committee welcomes the adoption of the tripartite agreement and observes that the regulations governing the Roundtable are currently being drawn up with ILO technical assistance, and that the Roundtable will meet at least on a quarterly basis to discuss the observations made by the Committee, to analyse and discuss the application of ratified Conventions, and to draw up the reports to be sent to the ILO supervisory bodies. While welcoming the tripartite agreement concluded in July 2016, the Committee hopes that the Committee’s comments, including those relating to the Civil Service and Administrative Careers Act, as well as the Labour Code, will be taken into account in the discussions to be held in the Roundtable on Matters relating to International Labour Standards, and that measures will be taken to bring law and practice into full conformity with the Convention. The Committee requests the Government to keep it informed of any developments in this respect.