Interim Report - Report No 284, November 1992

Case No 1549 (Dominican Republic) - Complaint date: 31-AUG-90 - Closed

1. 747. The Committee has examined this case on three occasions, most recently at its May 1992 meeting, when it submitted an interim report to the Governing Body (see 283rd Report, paras. 269 to 281, approved by the Governing Body at its 253rd Session (May-June 1992)). Subsequently, the Dominican Electricity Corporation Workers' Trade Union (SITRACODE) sent additional information and new allegations in a communication dated 22 May 1992. The Government sent its observations in a communication dated 29 May 1992.
2. 748. 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).

A. Previous examination of the case

1. 749. The allegations pending from the May 1992 meeting refer to the following matters: the reinstatement of trade union officials of SITRACODE who were dismissed as a result of the labour dispute which occurred in August 1990 in the Dominican Electricity Corporation (CDE) and which involved strikes and acts of violence against activists and leaders of the trade union; the arrest of and physical assault against the General Secretary of SITRACODE as well as the trade union activists Félix Santana, Pascual Díaz, Juan Serra, Pantaleón Silva and Ramón Paulino in November 1990 and January 1991; the dismissal of 602 workers (in addition to the dismissal of 2,200 workers which had originally led to this complaint) of the Dominican Electricity Corporation in February 1991 and the detention of trade union officials and activists in the said Corporation in February and March 1991; the arrest of and physical assault against 106 officials and activists of SITRACODE (resulting in various injuries to Hilario Portalatín) on 18 March 1991, during a protest march to the Governmental Palace calling for the dispute to be resolved; the arrest of and physical assault against trade union leaders and activists (seriously wounding the trade union leaders Germán Marte, Saturnino Guzmán, Miguel Linares, Ernesto de Luna, Donar Saillant and José Apolince) on 20 March 1991 when they were violently expelled from a church by the police and the army; the obstruction by the police and the army, which surrounded the SITRACODE premises in November 1991, of a march to the Governmental Palace to deliver a letter to the President of the Republic; and the arrest of trade union officials (Ignacio Soto, Germán Marte, Eliaser Batista, Ivan Reyes and Agustín Vargas Saillant) on 13 March 1991 as they were distributing guidelines to the CDE's workers at the Herrera Operations Centre.
2. 750. At its meeting of May 1992, the Committee made the following recommendations on the matters which remained pending (see 283rd Report of the Committee, para. 281):
   • - the Committee requests the Government to take the necessary measures so that the Corporation respects the principles contained in Convention No. 98 and that the trade union leaders involved are reinstated. It requests the Government to keep it informed in this connection;
   • - the Committee requests the Government to reply to the rest of the serious allegations (dismissals, arrests, physical assaults and violation of freedom of assembly) listed in the previous paragraph.

B. New allegations and additional information from the complainant

1. 751. In its communication dated 22 May 1992, SITRACODE states in connection with the numerous dismissals at the Dominican Electricity Corporation (CDE) that the dismissed trade union officials have still not been reinstated and that the agreements signed with the enterprise on the reinstatement of 25 per cent of workers (including some of the trade union leaders) and the granting of labour benefits to the remaining 75 per cent have not been honoured. Furthermore, the complainant points out that the management of the enterprise imposes as a condition for the reinstatement of workers their non-participation in trade union activities. In this respect, the complainant alleges in particular that the worker Gilberto Gelacio de la Cruz was reinstated and subsequently dismissed after being accused of selling vouchers on behalf of the trade union and maintaining relations with trade union officials.

C. The Government's reply

1. 752. In its communication of 29 May 1992, the Government states in relation to the dismissal of workers from the CDE that 541 workers have been reinstated, including 103 departmental delegates and substitute delegates of the trade union, that 1,521 have been paid labour benefits, that 136 were granted retirement pensions and that 87 were notified that their benefits could be collected, although they had not yet come to do so. Furthermore, the Government states that no SITRACODE officials were being detained and that the staff reductions made were due to the enterprise's economic recovery policy.

D. The Committee's conclusions

1. 753. As regards the allegations concerning the numerous dismissals in the Dominican Electricity Corporation (CDE) of workers and trade union officials of SITRACODE, the Committee notes the Government's statement that the dismissals were due to the enterprise's staff reduction and economic recovery policy. Likewise, the Committee notes with interest that, in line with its previous conclusions on this case, the CDE has reinstated 103 departmental delegates and substitute delegates of the trade union. The Committee also notes that a further 438 workers have been reinstated, that 136 have been granted retirement pensions, that 152 have received payment of their benefits and that 83 have been notified that they can collect their benefits. The Committee asks the Government to continue endeavouring to reinstate in their jobs other trade union officials, in accordance with the agreement reached and based on the principles enshrined in the Workers' Representatives Recommendation, 1971 (No. 143).
2. 754. As regards the allegations concerning the arrest of trade union officials of SITRACODE, the Committee notes the information provided by the Government from which it can be concluded that these arrests lasted a short period of time and that at present no one is being detained. In this respect, given the absence of further details from the Government, the Committee draws its attention to the fact that the arrest by the authorities of trade unionists concerning whom no grounds for conviction are subsequently found is, in particular, a serious restriction of trade union rights; governments should take steps to ensure that the authorities concerned have instructions appropriate to eliminate the danger which arrest for trade union activities implies (Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 97).
3. 755. The Committee regrets to observe that the Government has not responded to the rest of the pending allegations and to the new allegations concerning the following acts of violence and anti-union measures:
   • - the physical assault in November 1990 and January 1991 against the General Secretary of SITRACODE and the trade union activists Félix Santana, Pascual Díaz, Juan Serra, Pantaleón Silva and Ramón Paulino;
   • - the physical assault against 106 leaders and activists of SITRACODE (resulting in various injuries to Hilario Portalatín) on 18 March 1991 during a protest march to the Governmental Palace calling for the current dispute to be resolved;
   • - the physical assault against 33 trade union leaders and activists on 20 March 1991 (seriously injuring the trade union leaders Germán Marte, Saturnino Guzmán, Miguel Linares, Ernesto de Luna, Donar Saillant and José Apolince) when they were violently expelled from a church by the police and the army;
   • - the physical assault against the worker Miguel Mercedes;
   • - the obstruction by the police and the army, which surrounded the SITRACODE's premises in November 1991, of a march to the Governmental Palace to deliver a letter to the President of the Republic;
   • - the imposition on workers by the CDE administration of non-participation in trade union activities as a condition for their reinstatement, with specific reference to the case of worker Gilberto Gelacio de la Cruz, who was reinstated and subsequently dismissed after being accused of selling vouchers on behalf of the trade union and maintaining relations with trade union officials.
4. 756. In these circumstances, the Committee requests the Government to send its observations on these serious allegations and, in the cases mentioned by the complainant in which it actually appears that an offence has been committed, to undertake judicial investigations urgently so as to determine responsibilities and punish the guilty parties, and to keep it informed of the outcome of any such proceedings.

The Committee's recommendations

1. 757. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee asks the Government to pursue its efforts with a view to obtaining the reinstatement in their jobs of other trade union officials of SITRACODE, in accordance with the agreement reached, and based on the principles enshrined in the Workers' Representatives Recommendation, 1971 (No. 143).
   • (b) The Committee strongly urges the Government to reply to the serious allegations concerning the physical assault against trade unionists and anti-union measures listed in the previous paragraph; it requests the Government, in the cases mentioned by the complainant in which an offence actually appears to have been committed, to undertake judicial investigations urgently to determine responsibilities and punish the guilty parties, and to keep it informed of the outcome of any such proceedings. The Committee further requests the Government to take the measures necessary to avoid repetition of such acts in the future.