Definitive Report - Report No 234, June 1984

Case No 1221 (Dominican Republic) - Complaint date: 08-JUL-83 - Closed

1. 108. The complaint is contained in a communication from the Unitarian Central of Workers (CUT) dated 8 July 1983. The CUT sent additional information in a communication dated 18 August 1983. The Government replied in a communication dated 31 December 1983.
2. 109. 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. The complainant's allegations

1. 110. The complainant alleges that on 8 July 1983, the National Police arrested Mario Robles (Secretary of the CUT), Osvaldo Cruz. (leader of the CUT Provisional Council in Santiago) and Bernardo Fernández (Complaints and Disputes Secretary of the CUT) in the city of Santiago de los Caballeros; these persons were arrested whilst distributing information on their trade union organisation, in particular a bulletin of the Trade Union Council of the Free Trade Zone (affiliated to the CUT), and pamphlets referring to the Second Congress of this organisation in the industrial free trade zone of Santiago.

B. The Government's reply

1. 111. The Government states that according to investigations carried out, the trade unionist Mario Robles Fortuna and his companions travelled from the capital city of the Dominican Republic to the industrial free trade zone of the Province of Santiago de los Caballeros, entered this industrial area without having received prior authorisation from the management and urged the employees to bring their work to a standstill so as to hear their discourse and receive pamphlets. The Government adds that in view of the disturbances caused by this type of action, the police, informed of the matter, briefly detained Mario Robles for questioning.
2. 112. The Government concludes by pointing out that it respects the right of freedom of association and strives continually to ensure that it is upheld and fulfilled.

C. The Committee's conclusions

1. 113. The Committee notes the Government's statements and, in particular that the CUT leader, Mr. Robles, was briefly detained for questioning by the police authorities because of the disturbances the latter and his companions had caused in the industrial free trade zone in the Province of Santiago, in urging the employees to bring their work to a standstill so as to listen to their discourse and receive pamphlets. The Committee notes that the Government's statements do not make it clear whether the other CUT leaders to which the complainant refers (Mr. Fernández and Mr. Cruz) were arrested or not. The Committee also notes that, according to the Government, the three trade union leaders entered the above-mentioned industrial zone without having received prior authorisation from the management.
2. 114. In these circumstances, bearing in mind that the three trade union leaders carried out their propaganda activities and, interrupted the normal running of the undertaking during working hours without having received authorisation from the management and taking' into account that, according to the Government, Mr. Robles was briefly detained for questioning, the Committee considers this allegation need not be pursued. Nevertheless, since the Government indicates that one of the reasons for the detention of Mr. Robles was that he had not requested permission from the management of the industrial zone to enter it, the Committee would draw the Government's attention to the principle that workers' representatives should enjoy such facilities as may be necessary for the proper exercise of their functions, including access to workplaces.

The Committee's recommendations

1. 115. In these circumstances, the Committee recommends the Governing Body to approve this report and, in particular, to draw the Government's attention to the principle that workers' representatives should enjoy such facilities as may be necessary for the proper exercise of their functions, including access to workplaces.