Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Abolition of Forced Labour Convention, 1957 (No. 105) - Dominican Republic (Ratification: 1958)

Article 1(a) of the Convention. Prison sentences involving the obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. Previously, the Committee requested the Government to provide information on the application of sections 86 and 368 of the Penal Code regarding offensive or abusive statements against the head of State, and sections 369, 370 and 372, regarding defamation of the authorities. These provisions establish penalties of imprisonment involving compulsory labour, pursuant to sections 5(5), 94 and 98 of Act No. 113-21 regulating the prison system, which refer to work as a duty and an obligation. In response, the Government indicates that when the defamation or slander is made via communication media, Act No. 6132 on the expression and dissemination of thought applies. In that regard, the Constitutional Court declared the penalties of imprisonment provided for by the Act to be unconstitutional for those offences directed at the president, officials and legislators when they concern the exercise of their functions (decision No. TC/075/16). The Government indicates that when the defamation or slander is made through other media, the penalties provided under section 368 of the Penal Code apply. Furthermore, the Committee notes that, according to the information available on the website of the Senate of the Republic that the Senate approved in second reading the draft Penal Code, which will be referred to the Chamber of Deputies for its analysis and consideration.

The Committee again hopes that, under the revision of the Penal Code, the provisions of the Code referred to above will be amended so that, in conformity with Article 1(a) of the Convention, sentences that include compulsory labour cannot by imposed on persons who express political views or who oppose the established order. While the above-mentioned revision is in progress, the Committee requests the Government to continue to provide information on the application in practice of the said legal provisions, indicating the types of offences and the penalties imposed.

Article 1(b). Mobilization and use of labour for purposes of economic development. The application of section 75(4) of the Constitution places an obligation on citizens of between 16 and 21 years of age to provide “services for development” as a fundamental duty, while for persons of more than 21 years of age such services are voluntary. The Government indicates that Act No 61-13. establishing the legal regime for volunteers, regulates voluntary work and establishes that non-profit associations and public institutions may develop programmes with volunteers, which programmes shall be in line with their institutional objectives. Act No. 61 defines “voluntary service” as the range of activities of general interest coordinated by public or private persons. Under Decree No. 79-21 a Management Committee for the Voluntary Work of Public Institutions was set up with the aim of registering and facilitating the creation, organization and operation of volunteers. The Government states that it does not impose any type of activity on volunteers. As the name suggests, the work is voluntary and concentrates on humanitarian action.

Finally, the Committee notes the Government’s clarification that for citizens of between 16 and 21 years of age, social work may be required for the completion of their secondary level school curriculum; the sanction is thus purely academic. The work may include cleaning beaches, reforestation, recycling projects and other social activities. The Committee requests the Government to provide information on the proportion of hours required during the secondary level school curriculum, as well as information on any new standard-setting provision adopted under 75(4) of the National Constitution.