Report in which the committee requests to be kept informed of development - Report No 241, November 1985

Case No 1288 (Dominican Republic) - Complaint date: 28-MAY-84 - Closed

396. The Committee examined these cases at its November 1984 Session and submitted an interim report to the Governing Body (see 236th Report of the Committee, paras. 651-685, approved by the Governing Body at its 228th Session (November 1984)). Later, the Government transmitted certain observations by a communication dated 28 May 1985.

1. 396. The Committee examined these cases at its November 1984 Session and submitted an interim report to the Governing Body (see 236th Report of the Committee, paras. 651-685, approved by the Governing Body at its 228th Session (November 1984)). Later, the Government transmitted certain observations by a communication dated 28 May 1985.
2. 397. The Dominican Republic has ratified 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).

A. Previous examination of the cases

1. 398. These cases concern essentially the serious incidents which occurred during days of protest in April and May 1984 which had been organised by the five Dominican trade union central organisations grouped together under the Trade Union Council against the very large increase in the cost of living following the agreement signed between the Dominican Government and the International Monetary Fund at the end of April 1984.
2. 399. The numbers of dead and injured reported by the complainant organisations differed. According to ORIT and ICFTU, 65 workers had died and 600 had been injured. According to WCL, there had been 37 dead and 157 injured. According to WFTU, more than 100 deaths had been recorded.
3. 400. The Government had stated in particular that on 23, 24 and 25 April 1984 violent public demonstrations had occurred both in the capital and the interior of the country; these had included, in particular, the sacking and burning of public and private property and flagrant acts of aggression against the authorities responsible for keeping the peace. Acting within the limits of the law, the authorities had resisted these attacks which unfortunately resulted in the death and injury of several persons. The Government stated that the action of the armed forces and the police had not been directed against any particular sector, whether trade unions, students or other citizens.
4. 401. When the Committee examined the cases at its November 1984 Session the allegations relating to the deaths and injuries suffered during the aforementioned days of protest were left pending. The Committee formulated in particular the following recommendations:
5. The Committee expresses its deep concern at the scope and seriousness of the allegations made in these cases and which concern the death and injury of several persons during trade union protest demonstrations against major increases in the cost of living.
6. As regards the violent deaths and injury of a number of persons, the Committee recalls the importance of carrying out a thorough inquiry to determine responsibilities so as to prevent a repetition of such actions; it requests the Government to inform it of the outcome of such an inquiry.
7. B. The Government's reply
8. 402. In its communication dated 28 May 1985 the Government states that the complainant trade union central organisations claim to have sponsored the protest movements staged on 23, 24 and 25 April 1984; this is not in accordance with the truth, for the whole country is aware that those movements were not organised by those trade union organisations and that, on the contrary, they showed that they had been taken by surprise in not knowing the origin or leadership of the movements or the forces behind them; consequently, this aspect of the matter is outside the trade union framework.
9. 403. The Government adds that the protest movements in question were in reality a rebellion against the legally established order which the forces of law and order, exercising their statutory powers, proceeded to repel. As a result of those circumstances, it is impossible to establish guilt, chiefly that of the unknown instigators and ringleaders who took advantage of the discontent prevailing among the masses of the people at that moment, in an endeavour to capitalise on it in favour of their own political interests.

C. The Committee's conclusions

1. 404. The Committee takes note of the information provided by the Government concerning the dead and injured during the protest movements of 23, 24 and 25 April 1984. The Committee notes, in particular, that according to the Government, it is impossible to establish guilt, in particular that of the unknown instigators and ringleaders who took advantage of the discontent prevailing among the masses of the people at that moment, in an endeavour to capitalise on it in favour of their own political interests.
2. 405. In this connection, the Committee, notwithstanding that there may be difficulty in fixing responsibility for the deaths and physical attacks which occurred during the protest movements, wishes to point out that the Government has stated that several deaths and injuries occurred when the authorities responsible for keeping the peace, acting within the limits of the law, resisted flagrant acts of aggression and other criminal acts such as the sacking and burning of property. In these circumstances, the Committee considers that it would be possible to carry out a thorough and impartial inquiry into the nature of the demonstrations and the deaths and physical attacks which occurred, in order to determine responsibilities. The Committee requests the Government to keep it informed of the results of any such inquiry.

The Committee's recommendations

1. 406. In these circumstances, the Committee recommends the Governing Body to approve the present report and, in particular, the following conclusions:
   • (a) The Committee observes the contradiction between the complainants' and the Government's statements as to the trade union status of the organisers of the protests which took place in April 1984. It points out, however, that the national complainant organisations have stated that they themselves had organised these protests.
   • (b) The Committee emphasises the importance it attaches to the Government carrying out a thorough and impartial inquiry into the nature of the demonstrations and the deaths and physical attacks which occurred during the protest movements in order to determine responsibilites.
   • (c) The Committee requests the Government to keep it informed of the results of any such inquiry.