E/C.12/DOM/CO/4
(b)
Set up a labour inspection mechanism with sufficient material, technical
and human resources to effectively monitor working conditions in all sectors;
(c)
Establish effective mechanisms for reporting any sort of abuse or
exploitation of workers, while devoting particular attention to the situation of women
employed in free trade zones, the agricultural sector and domestic service sector;
(d)
Guarantee, in both law and in practice, equal pay for work of equal
value for men and women in accordance with article 7 (a) (i) of the Covenant.
36.
The Committee takes note of the State party’s efforts to prevent sexual harassment
in the workplace; however, it is concerned by the fact that many women continue to be
victims of such harassment and do not have adequate protection (art. 7).
37.
The Committee urges the State party to take all appropriate steps to combat
sexual harassment by, inter alia, incorporating provisions on sexual harassment in the
workplace into its Criminal Code, ensuring that victims have access to justice and
adopting measures to provide adequate protection to victims.
38.
The Committee wishes to draw the State party’s attention to its general
comments No. 18 (2005) on the right to work and No. 23 (2016) on the right to just and
favourable conditions of work.
Trade union rights
39.
The Committee is concerned that the right to collective bargaining and the right to
strike are limited by excessive legal requirements, such as the requirement regarding a trade
union’s representation of a majority of workers in a given firm or branch of activity (art. 8).
40.
The Committee urges the State party to bring its legislation on trade union
rights into line with article 8 of the Covenant and with the International Labour
Organization (ILO) Freedom of Association and Protection of the Right to Organize
Convention, 1948 (No. 87) and the ILO Right to Organize and Collective Bargaining
Convention, 1949 (No. 98). It also urges the State party to protect trade union rights,
effectively investigate all reports of violations of trade union rights that are brought to
its attention and establish appropriate compensation for the workers concerned.
Social security
41.
While it acknowledges the efforts made by the State party to strengthen its social
protection system, including through the establishment of the Progress with Solidarity
conditional cash transfer programme, the Committee remains concerned at the fact that the
social protection system still provides quite limited coverage and does not ensure an
appropriate level of protection for the entire population (art. 9).
42.
The Committee urges the State party to pursue its efforts to develop a social
security system that guarantees universal social protection coverage and provides
appropriate benefits for all workers and for all persons and families, especially those
belonging to the most disadvantaged and marginalized groups, including migrants of
Haitian origin, with a view to ensuring that they have a decent standard of living. The
Committee also urges the State party to redouble its efforts to set a social protection
floor that includes basic social security guarantees.
43.
The Committee draws the State party’s attention to its general comment No. 19
(2008) on the right to social security and its statement of 2015 on social protection
floors: an essential element of the right to social security and of the Sustainable
Development Goals (E/C.12/2015/1).
GE.16-18306
7