Report in which the committee requests to be kept informed of development - Report No 204, November 1980

Case No 971 (Dominican Republic) - Complaint date: 02-JUN-80 - Closed

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293. The complaint is contained in two communications from the United Workers Trade Union Movement (MOSUO) dated 2 June and 10 July 1980 respectively. The Government sent in its observations in a letter dated 13 August 1980.
294. The Dominican Republic has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), as well as the Right to Organise and Collective Bargaining Convention, 1949 (No. 98 ).

295. In its communications MOSUO refers to acts of violence occurring during a drivers' strike, which began on 28 May and lasted for a week, to protest against what the complainant considered to be an excessive increase in the price of petrol. The complainant alleges that several trade union leaders including Hilario Henriquez and Mario Robles Fortuna, Secretary-General and Organising Secretary respectively of their trade union federation, were arrested; that the trade union headquarters were occupied by the military forces; that the suppression of the strike led to the death of three persons and the injury of 30 others (at least 11 of them by gunfire) and that the number of persons arrested exceeded 1,000, many of whom were brutalised by the military and police forces.

296. In its reply the Government indicates that the strike was declared without undertaking any form of dialogue with the competent authorities and that it was widely exploited by anarchists and terrorist groups, who proceeded to burn vehicles, throw stones, and exchange gunfire, etc.; this resulted in the killing of one policeman and ore civilian.
297. With regard to the arrests of Hilario Henriquez and Mario Robles Fortuna, the Government states that the arrests were made when the persons in question were engaged in non-union activities and that the police were at the time unaware of their trade union status. In any case they were released immediately after questioning. All those arrested have likewise been released. Furthermore, financial compensation has been granted to the workers to cover the cost of the increase in the price of petrel. The Government also asserts that the trade union headquarters were not occupied by the military forces and that the drivers went back to work.
298. The Government points out that the deaths of civilians and soldiers which were reported by MOSUO occurred either during isolated actions which resulted from skirmishes between armed civilians and the forces of law and order or as a result of actions brought about by the same groups of vandals referred to above.

299. The Committee notes the statement of the Government that the two trade union leaders, Hilario Henriquez and Mario Robles Fortuna, as well as all those who were arrested during the drivers' strike of May 1580, have been released. It also notes that the drivers returned to work and received financial compensation from the Government.
300. The Committee observes that the information supplied by the Government confirms the gravity of the events which took place during the above-mentioned drivers' strike, which resulted in armed skirmishes in which several persons lost their lives and others were injured. In similar cases of disturbances which have involved the loss of human lives, the Committee has emphasised that the institution by the Government concerned of an independent inquiry is a particularly appropriate method of elucidating the facts and determining responsibilities. In the present case, the Committee considers it necessary for the Government to indicate whether such an inquiry has been initiated and, if so, to inform the Committee of its results.

301. In these circumstances, the Committee recommends the Governing Body:
- (a) to note that the trade union leaders, Hilario Henriquez and Mario Robles Fortuna, as well as all other persons arrested during the drivers' strike which began on 28 May, were subsequently released;
- (b) to deplore the seriousness of the incidents which occurred during the above-mentioned drivers' strike and to request the Government to indicate whether an inquiry has been initiated to determine responsibilities in respect of these deaths and, if so, to inform the Committee of its findings.