Definitive Report - Report No 217, June 1982

Case No 1106 (Dominican Republic) - Complaint date: 04-JAN-82 - Closed

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318. The complaint is contained in a communication from the Permanent Congress of Trade Union Unity of Latin American Workers dated 4 January 1982. The Government replied in a communication dated 10 March 1982.
319. The Dominican Republic has ratified both the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

320. In its communication dated 4 January 1982 the Permanent Congress of Trade Union Unity of Latin American Workers (CPUSTAL) alleges that several representatives of central trade union organisations of Latin American countries, including Roberto Prieto, a member of the Executive Secretariat of CPUSTAL, were unable to attend the II Congress of the Central Organisation of workers which took place from 26 to 29 November 1981 in Santo Domingo, because they had not been granted the necessary visas.
321. The CPUSTAL further alleges that the Government prevented the trade union leader Maximiliano Moreno, who had been appointed by the Trade Unions international of Food, Tobacco, Hotel and Allied Industries (TUI) as reporter of the first Seminar on Trade Union Training for workers in the Hotel Industry of the Dominican Republic held from 11 to 14 December 1981, from entering the country.

322. In its communication dated 10 March 1982, the Government states that there is no record of any application for a visa for the trade unionists Maximiliano Moreno and Roberto Prieto to attend the trade union meetings to which the complainant has referred. The Government adds that the standard it observes in this matter is to allow any citizen who meets the prescribed requirements to enter the country. Finally, the Government describes the complaint as unjust, defamatory and frivolous.

323. The Committee notes that, according to the complainant, Maximiliano Moreno, Roberto Prieto and other representatives of central trade union organisations who were to participate in trade union meetings held in the Dominican Republic in November and December 1981, were refused entry or denied an entry visa to that country.
324. The Committee further notes that, according to the Government, there is no record of any application for a visa by the two trade unionists mentioned by the complainant, and that the standard observed by the Government is to allow any citizen who meets the prescribed requirements to enter the country.
325. In these circumstances, in view of the discrepancy between the complainant's and the Government's versions regarding the alleged facts, and in view also of the fact that refusal to grant a visa or in general to deny entry to aliens wishing to enter its territory is the sovereign right of a State, the Committee cannot but recall the principle whereby the right of trade union organisations to become affiliated to international workers' organisations necessarily involves the right for both freely to maintain normal contact, the corollary of which is that the formalities to which trade union leaders and trade unionists are subject in seeking entry into the territory of a State should be based on objective criteria and in any case be free of any antitrade union discriminations

326. In these circumstances, the Committee recommends the Governing Body to approve this report and, in particular, the following conclusions regarding the allegations relating to the denial of entry or the refusal to grant a visa to representatives of central trade union organisations who were to participate in trade union meetings.
- The Committee, while recognising that the refusal to grant a visa or in general to deny entry to aliens wishing to enter its territory is the sovereign right of a State, recalls that the formalities to which trade union leaders and trade unionists are subject in seeking entry into the territory of a State should be based on objective criteria and in any case be free of any antitrade union discrimination.