Dominican Republic - 2012

The Dominican Republic saw a gradual deterioration in the human rights situation during 2011. Reports by international organisations reveal that the country has one of the worst scores in terms of health, education and competitiveness indicators, whilst ranking high in the list of countries with the worst levels of corruption and violence, lack of transparency and lack of confidence in the State. The latest report of the United Nations Development Programme (UNDP) ranked it among the four Latin American countries with the worst inequalities.

Hundreds of community protests, general strikes and stoppages were suppressed between February and December 2011. The police used batons and tear gas to disperse the protestors. Journalists faced constant intimidation and the threat of murder, which has succeeded in creating self-censorship among journalist and editors and constitutes a serious attack on freedom of expression.

The year 2011, like 2010, was characterised by the low level of social investment. The government chose to prioritise major works such as flyovers and the metro rather than to build schools and aqueducts.

Child labour law not enforced: Forced or compulsory labour is prohibited and the Minors’ Code provides protection and establishes penalties for the commercial or sexual exploitation of children. Child labour is, however, a serious problem in the Dominican Republic. ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights reports indicate that the large numbers of Haitian children adopted by families who employ them as apprentices often become victims of abuse and mistreatment. Poor Haitian and Dominican teenagers work in the sugar cane fields, where children under 12 plant sugar cane for a dollar a day. An estimated 30,000 children are the victims of sexual exploitation, which is most prevalent in tourist areas.

Basic trade union rights restricted:

Basic trade union rights such as freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework are guaranteed by the Constitution but continue to be restricted in the public sector. The support of 40% of the total number of employees in a given institution is required in order to establish a public servants’ union. Employees of autonomous and municipal bodies governed by the state do not have the right to unionise.

The right to collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
is recognised, but a union must represent an absolute majority of the workers in a company or a branch of activity to be able to bargain collectively. Although bargaining is carried out in some companies, the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights considers the requirements established for the exercise of collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
rights to be excessive.

To call a lawful strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike , a prior attempt to resolve the conflict through mediation mediation A process halfway between conciliation and arbitration, in mediation a neutral third party assists the disputing parties in reaching a settlement to an industrial dispute by suggesting possible, non-binding solutions.

See arbitration, conciliation must be made, and a majority of the employees in the company must vote in favour of the action, regardless of whether they are trade union members or not.

A two thirds majority of the members’ votes must be obtained to be able to form a confederation or a federation. The law does not establish effective penalties to protect workers against acts of anti-union discrimination anti-union discrimination Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.

See Guide to the ITUC international trade union rights framework

.

Poor representation of Haitian workers: Employers use threats to curb trade union activity. A number of unions represent a small portion of Haitian workers, but unskilled Haitian labourers working in the sugar and construction industries generally refuse to organise for fear of being deported or losing their jobs.

Collective bargaining attacked:

The Sindicato Autónomo de Trabajadores y Empleados de la Empresa Gildan Activewear Dominican Republic Textile Company Inc. (SITRAGIL), affiliated to the trade union centre trade union centre A central organisation at the national, regional or district level consisting of affiliated trade unions. Often denotes a national federation or confederation. CSASC, won an appeal filed with the Labour Court of the Judicial District of Santo Domingo, ordering the immediate suspension of auditing work to determine union representation for the purposes of collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
with the company, through the removal of Ordinance 115/2011 of 11 October 2011.

This auditing process, backed by the Fair Labor Association (FLA), infringes rights enshrined in the national legislation and international instruments. Through its action, the FLA has undermined the interests of SITRAGIL and its over 600 members, by attacking the credibility of the trade union movement, freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework and the free choice of the majority of the workers. The CSACS filed a complaint with the government offices administering the DR-CAFTA free trade agreement. The complaint will also be sent to the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights .