VZCZCXYZ0000
PP RUEHWEB

DE RUEHDG #0761/01 0621454
ZNR UUUUU ZZH
P 031454Z MAR 06
FM AMEMBASSY SANTO DOMINGO
TO RUEHC/SECSTATE WASHDC PRIORITY 3828
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE PRIORITY
RUEHC/DEPT OF LABOR WASHDC PRIORITY

UNCLAS SANTO DOMINGO 000761 
 
SIPDIS 
 
SIPDIS 
 
DEP FOR WHA/CAR, WHA/PPC MIKE PUCCETTI, DRL/IL PAT DEL 
VECCHIO, DEPT. OF LABOR JANE RICHARDS; 
DEPT PASS USAID FOR LAC/RSD BARRY MACDONALD 
 
E.O. 12958: N/A 
TAGS: ELAB EAID ETRD SENV DR
SUBJECT: PROPOSAL FOR LABOR JUSTICE ACTIVITIES IN THE 
DOMINICAN REPUBLIC 
 
REF: STATE 26123 
 
¶1.  The following is Embassy's response to request for 
project proposals. 
 
(Begin Text) 
 
 Proposal for Labor Justice Activities in the Dominican 
Republic 
 
¶A.  Characteristics of Labor Justice in the Dominican 
Republic:  description and justification for proposed 
activities 
 
A study of case load in labor jurisdictions from 2000 
documented that the majority of cases are claims of wrongful 
separation from employment (86 percent), followed by salary 
issues (8 percent). The average case resolution time was 15.3 
months in courts of first instance, 16.4 months in appeals 
court.  Major causes of delay are in the trial phase (average 
8.6 months between final case presentation and emission of 
the sentence) and initial case preparation (average 6.3 
months). Only 4.5 percent of cases were conciliated once 
reaching the court system (others may have been conciliated 
at the level of the Labor Ministry, but no statistics are 
available to document the volume), with 83 percent resolved 
by judicial decision.  The study reports significant inequity 
in access to justice, favoring the rich over the poor, and 
grossly inadequate number of labor jurisdiction public 
defenders, and generally negative impression of the efficacy 
of the system from the perspective of the user and the 
average citizen who has never had contact with the labor 
justice system.  Generally workers are not aware of their 
rights under the law, or how to register a claim. 
Significant levels of corruption and influence peddling are 
reported, particularly involving collusion between private 
lawyers, prosecutors, and judges to lower claims and &buy8 
cases from workers who can,t afford to wait months for a 
final settlement.  The labor law introduces &vocales8 
(spokespersons) who are minimally paid lay representatives 
(one each for the plaintiff and the defendant) who currently 
receive no training. They are appointed annually by labor and 
employer representatives in each jurisdiction with the 
intended role of conciliators but in reality do not play this 
role. 
 
 
¶B.  Results Expected under the CAFTA/DR Labor Justice Project: 
 
Year One: 
 
¶1.    A communications/information campaign to increase 
worker knowledge of rights and procedures for redress of 
grievances:  distribution of popular legal education 
materials in the workplace; mass media campaigns on rights 
and procedures under the labor code; creation of an 
electronic  requests and response, system for citizens to 
get information/advice on specific questions. 
 
¶2.    Document labor case statistics, in the court system and 
at the level of the Ministry of Labor:  assure the 
publication of court level and national level statistics on 
case load, resolution times, percent of cases conciliated, 
percent of salary decrease in final resolution for litigated 
and conciliated cases, and  pre-judicial, case load (cases 
resolved before entering the court system).  An analysis of 
labor court procedures will also be completed to identify 
procedural reforms that can be modified through 
administrative decree to increase efficiency and access. 
 
¶3.    Train 100 percent of labor justice personnel on the 
content and application of the Dominican labor law and 
international labor law standards.  (70 judges, 68 labor 
specific public defenders, 40 prosecutors, 220 vocales and 
172 investigators will be reached) 
 
¶4.    Train 200 judicial personal in conciliation authority, 
procedures, and techniques (emphasizing vocales, 
investigators, and judges). 
 
¶5.    Train all labor jurisdiction public defenders (68 
total) in defense procedures, techniques, and strategies. 
 
Year Two: 
 
¶6.    Support the recruitment, training, and supervision of 
career prosecutors, recruited using merit-based, competitive 
 
criteria for the labor jurisdiction (rather than politically 
appointed prosecutors as is now the case.) 
 
¶7.    Assure an increase in the percentage of labor cases 
resolved through conciliation rather than full trial 
procedures 
 
¶8.    Train an additional 200 judicial personal in 
conciliation authority, procedures, and techniques 
(emphasizing vocales, investigators, and judges). 
 
¶9.    Assure an increase in the number of labor jurisdiction 
public defenders, expanding access by the indigent and 
micro-entrepreneurs. 
 
¶10.  Procedural/administrative reform:  in a two-year time 
frame, USAID will support the drafting, consensus building, 
passage and implementation of an administrative order 
(approved by the Supreme Court president) to clarify, 
regularize, and assure the efficacy of the  vocal, 
function, which currently does not operate or creates 
obstacles for efficient labor case resolution.  Labor law 
reform is necessary, but would require a longer-term 
commitment to develop consensus on reform elements, passage, 
and support for implementation.  Elements of an eventual 
reform should include greater emphasis on conciliation, 
revision of the  vocal, function, procedural reforms to 
improve flexibility, rapidity, effective case resolution, and 
to decrease discretion. 
 
 
¶C.    Link with US policy objectives and current development 
assistance program 
 
The  White Paper, from April 2005 developed by regional 
labor ministries established modernization of the labor 
justice system and strengthened capacity to enforce laws, 
conduct inspections, and resolve disputes as the top 
priorities for DR-CAFTA countries.  The DR-CAFTA agreement 
identifies increased respect and recognition of local labor 
laws and international standards and expand capacity, 
enforcement and compliance in order to protect the region,s 
workers. 
 
Activity implementation and achievement of results specified 
is possible with a limited budget and a short time-frame as 
these activities are highly complementary to the on-going 
USAID justice program focused on criminal jurisdiction. 
Adding similar activities in labor jurisdiction requires a 
minimal additional investment as relationships are already 
established with relevant justice sector institutions and 
NGOs.  Similarly, the USG public diplomacy program is already 
focused on  these issues, although on the criminal 
jurisdiction.   This proposal allows for leveraging results 
in the labor jurisdiction by piqqy-backing on the current USG 
justice strategy. 
 
The Department of Labor Cumple y Gana project has a good 
track record for its work with the Dominican Labor Ministry. 
Stakeholders agree that the training provided to labor 
inspectors has vastly increased their skills and performance, 
and institution building activities have been successful.  We 
understand that this activity will continue with FY05 ESF 
funds allocated to USDOL and for this reason, focus in this 
project on the Ministry of Labor is minimal.  It is 
recommended, however, that DOL consider including the 
creation of an internal inspection unit in the Ministry of 
Labor to create whistle blowing and corruption case 
processing against ministry officials who may be involved in 
influence peddling and unethical behavior. 
 
 
¶D.    Estimated Cost to achieve results in (b) above is USD 
1.5 million per year.  Activities will be implemented through 
direct grants to the National Judicial School to conduct 
training activities and through grants to Dominican NGOs and 
small firms to implement all other activities. 
 
Summary Project Budget: 
¶1.  Training of justice sector officials 
USD 500,000 
¶2.  Legal education campaign and outreach             USD 
300,000 
¶3.  Technical assistance for institutional/procedural reform 
USD 200,000 
¶4.  Legal and policy advocacy                         USD 
200,000 
 
¶5.  Program administration 
USD 300,000 
 
 
¶E.    Degree of Local Buy-In:  this proposal has been 
developed in conjunction with representatives of the Ministry 
of Labor, including a former minister, a subject-matter 
specialist, labor judges, the national judicial training 
school, the Attorney General,s Office, the professional 
association of attorneys, and legal advocacy NGOs.  There is 
consensus among all actors that the actions proposed here are 
feasible, that they target priority weakness in the labor 
justice system and that they will significantly improve the 
access, quality, and protections provided by the system once 
in place. 
 
(End Text) 
KUBISKE