Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 295, Novembre 1994

Cas no 1732 (République dominicaine) - Date de la plainte: 22-SEPT.-93 - Clos

1. 347. This complaint was lodged in a communication of the International Confederation of Free Trade Unions (ICFTU) dated 22 September 1993. The Government sent its observations in a communication dated 4 May 1994.
2. 348. The Dominican Republic has ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 349. In its communication of 22 September 1993 the ICFTU states that, with the upsurge in trade union activity in the industrial free-zone areas, a National Federation of Free-Zone Workers was established in September 1992, to which 98 trade unions throughout the country are currently affiliated. The complainant organization alleges that this trade union movement has encountered stiff opposition from employers, who have drawn up blacklists of dismissed trade union leaders so that they will not be recruited by other enterprises. The complainant organization states further that none of the 98 trade unions has been able to conclude a collective agreement since the members of their executive boards have been dismissed, along with any worker who expresses his or her desire to join a union.
2. 350. Specifically, the complainant organization alleges instances of anti-trade-union action in the following enterprises:
   • - Woo-Chang and Bonaham Apparel (Bonao city): dismissed all the members of the executive boards were dismissed;
   • - Big Bond Apparel (Bonao city): all the members of the executive board were dismissed in June 1992; the enterprise has been ordered by court to pay a fine and to compensate the union leaders;
   • - Westinghouse (Itabo industrial estate): all the members of the executive board were dismissed;
   • - Hotel Hamaca Beach Resort: 31 workers who joined a union were dismissed on 22 August 1993;
   • - Empresa Attwoods Dominicana S.A.: 26 members of the union were dismissed, including the entire executive board; on a false accusation, the secretary-general was arrested by the police secret service for seven days and beaten during his detention.

B. The Government's reply

1. 351. Regarding the alleged violations of freedom of association the free trade zone enterprises, the Government states that the administrative authorities have investigated all enterprises where such acts have occurred and brought criminal charges against the managers. In the specific enterprises cited by the complainant organization, the Government states: (1) that Big Bond Apparel has been ordered by court to pay the dismissed trade union leaders compensation, but that the enterprise has appealed against the sentence; meanwhile the Secretary of State for Labour has ordered that the enterprise's export licence be suspended until it agrees to respect trade union rights; (2) that in the case of Westinghouse only some of the members of the executive board were dismissed with the authorization of the labour court of San Cristobal, on the grounds that they organized an illegal strike at which acts of violence were perpetrated against the enterprise's assets (documents attached by the Government indicate that 12 workers were dismissed for "dereliction of duty"); (3) that in the case of Woo-Chang Dominicana and Bonaham Apparel the sentences have been appealed and the cases are awaiting a ruling; (4) that Hamaca Beach Report and Attwoods Dominicana S.A. are not in the free trade zones, but that the Secretary of State for Labour has initiated legal proceedings against the former that have not yet come to court and has investigated the latter and brought penal charges against it (the dismissed workers have submitted their case to the labour court).
2. 352. Finally, the Government states that, in order to promote harmonious working relations between employers and workers in the free trade zones, a tripartite agreement has been reached between the Government, the Dominican Association of Free Trade Zones and five of the six trade union federations in the country, whereby the parties agree to submit collective labour disputes to the mediation of the Secretariat of State for Labour and, in the event that its mediation is unsuccessful, to take the matter before the National Council of Free Trade Zones, which is empowered to suspend or cancel the export licences of enterprises in those zones that do not comply with labour legislation.

C. The Committee's conclusions

1. 353. The Committee observes that the allegations refer to a series of dismissals of trade union leaders and members, to the introduction of blacklists in free trade zone enterprises, to the arrest of a union leader and to other instances of anti-union discrimination. The Committee notes the Government's observations and the various legal and administrative steps taken in connection with the alleged facts, as well as the tripartite agreement that has been reached in the free trade zones. Nevertheless, considering the many instances of anti-union discrimination, the Committee wishes in the first place to emphasize the importance it attaches to the principle that no-one should be dismissed or subjected to anti-union discrimination by reason of his or her legitimate trade union activities (see Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 547).
2. 354. With respect to the alleged dismissal of union members in a number of enterprises (Woo-Chang and Bonaham Apparel: dismissal of members of the executive boards; Hotel Hamaca Beach Resort: dismissal of 31 members of the union; Attwoods Dominicana S.A.: dismissal of 26 members of the union, including the entire executive board; and Big Bond Apparel: dismissal of members of the union's executive board), the Committee notes the Government's statement that these cases have been brought before the labour authorities and that, in the case of Big Bond Apparel, the Secretary of State for Labour has had the enterprise's export licence suspended until it undertakes to respect trade union rights. In these circumstances, the Committee invites the Government to keep it informed of the outcome of the legal action taken. In addition, in view of the fact that the labour authorities have recognized the anti-union character of the dismissals by taking the cases to court, the Committee urges the Government immediately to take the necessary steps to ensure the reinstatement in their jobs of all the union leaders and members who have been dismissed by reason of their membership of a trade union or their union activities. The Committee would like to draw the Government's attention to the principle according to which it would not appear that sufficient protection against acts of anti-union discrimination, as set out in Convention No. 98, is accorded by legislation which enables employers in practice - on condition that they pay the compensation prescribed by law for cases of unjustified dismissal - to get rid of any worker, even if the true reason is his trade union membership or activities (see Digest, op. cit., para. 547).
3. 355. Regarding the alleged dismissal of members of the executive board of the Westinghouse Union, the Committee observes the Government's statement that only some members were dismissed and that this was with the authorization of the San Cristobal labour court, on the grounds that they engaged in an illegal strike and committed acts of violence against the enterprise's assets. However, noting that according to documents submitted by the judicial authority (enclosed by the Government), 12 workers were dismissed for "dereliction of duty" and that in the report of the labour inspectorate (also enclosed by the Government) the parties concerned denied having engaged in sabotage, the Committee urges the Government to re-examine the situation of the dismissed union leaders and to keep it informed of developments.
4. 356. As regards the allegation that the secretary-general of the Attwoods Dominica S.A. union was falsely accused, arrested by the police secret service for seven days and beaten during his detention, the Committee regrets that the Government has not sent any observations on the subject. The Committee deplores the union leader's arrest and the ill-treatment he is said to have suffered. The Committee draws the Government's attention to the fact that the arrest and detention of trade unionists without any charges being laid or court warrants being issued constitutes a serious violation of trade union rights (see 284th Report, Case No. 1642 (Peru), para. 986). As in similar cases, the Committee recalls that "governments should give precise instructions and apply effective sanctions where cases of ill-treatment are found, so as to ensure that no detainee is subjected do such treatment," and emphasizes "the importance that should be attached to the principle laid down in the International Covenant on Civil and Political Rights according to which all persons deprived of their liberty must be treated with humanity and with respect for the inherent dignity of the human person" (see 278th Report, Case No. 1527 (Peru), para. 238).
5. 357. Concerning the drawing up of blacklists to ensure that dismissed trade union leaders are not subsequently recruited by any enterprise in the sector, the Committee regrets that the Government has not sent any specific observations on the subject and that it cannot therefore determine whether blacklisting is included among the points that the judicial authority will be called upon to examine in the context of the cases brought against various enterprises. The Committee draws the Government's attention to the fact that "all practices involving the `blacklisting' of trade union officials constitute a serious threat to the free exercise of trade union rights" and "that governments should take stringent measures to combat such practices" (see 177th Report, Case No. 844 (El Salvador), para. 276). In these circumstances the Committee invites the Government to investigate the matter and, should the existence of such lists be confirmed, to take the necessary steps to punish those responsible and prevent the repetition of such practices.
6. 358. The Committee notes with interest the tripartite agreement that has been reached on labour relations in the free trade zones. It trusts that the agreement, together with the laws and regulations in force, will provide the necessary framework to put a stop to acts of anti-union discrimination in the free trade zones and to develop healthy labour relations through collective bargaining. The Committee urges the Government to take the necessary steps to ensure that this agreement is fully applied.

The Committee's recommendations

1. 359. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to keep it informed of the outcome of the legal action taken in connection with the dismissed union leaders and members of Woo-Chang and Bonaham Apparel, Hotel Hamaca Beach Resort, Attwoods Dominicana S.A. and Big Bond Apparel. In addition, in view of the fact that the labour authorities have recognized the anti-union character of the dismissals, the Committee urges the Government immediately to take the necessary steps to ensure the reinstatement in their jobs of all the union leaders and members who have been dismissed by reason of their membership of a trade union or their union activities.
   • (b) Noting that blacklists are a serious threat to the free exercise of trade union rights, the Committee requests the Government to conduct an investigation into the enterprises cited in the allegations and, should the existence of such lists be confirmed, to take the necessary steps to punish those responsible and prevent the repetition of such practices.
   • (c) The Committee urges the Government to re-examine the situation of the trade union leaders dismissed by Westinghouse and to keep it informed of developments.
   • (d) The Committee notes with interest the tripartite agreement that has been reached on labour relations in the free trade zones. It trusts that the agreement, together with the laws and regulations in force, will provide the necessary framework to put a stop to acts of anti-union discrimination in the free trade zones and to develop healthy labour relations through collective bargaining. The Committee urges the Government to take the necessary steps to ensure that this agreement is fully applied.