VZCZCXYZ0000
PP RUEHWEB

DE RUEHDG #0778/01 0622308
ZNR UUUUU ZZH
P 032308Z MAR 06
FM AMEMBASSY SANTO DOMINGO
TO RUEHC/SECSTATE WASHDC PRIORITY 3857
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE PRIORITY
RUEHC/DEPT OF LABOR WASHDC PRIORITY

UNCLAS SANTO DOMINGO 000778 
 
SIPDIS 
 
SIPDIS 
 
DEPT 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 KJUS DR
SUBJECT: CORRECTED: PROPOSAL FOR LABOR JUSTICE ACTIVITIES 
IN THE DOMINICAN REPUBLIC 
 
REF: A. STATE 26123 
 
     ¶B. SANTO DOMINGO 761 (CANCELLED) 
 
¶1.  Summary:  This is the corrected 2006 Embassy request for 
funding of a Dominican Republic Labor Justice capacity 
building program to support implementation of the Free Trade 
Agreement between the Dominican Republic and the United 
States and enforcement of the Dominican Labor Law.  This 
program builds on the Embassy's highly successful justice 
sector strengthening program; additional funding is required 
to extend activities to the labor jurisdiction.  Inability to 
implement these activities would put in serious risk the 
ability of the Dominican government to comply fully with the 
labor provisions of DR-CAFTA. 
 
¶2.  Background and Situation:  While the Dominican Republic 
benefits from a well crafted Labor Code consistent with ILO 
core labor principles and international law, successful 
implementation of DR-CAFTA requires more effective 
enforcement of the labor law and better service delivery in 
labor dispute resolution.  The proposed approach includes 
high level policy dialogue, technical assistance for 
institutional capacity building, training of sector 
officials, and assistance with policy and procedural reform. 
These are necessary to assure compliance with DR-CAFTA and to 
maximize its benefits. End Summary. 
 
¶3.  This cable lays out a three year program of assistance 
estimated to cost USD 1.5 million per year for a total of USD 
4.5 million. 
 
Characteristics of the Labor Justice System in the Dominican 
Republic 
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- - - - - - - - - - -  - - - 
 
¶4.  A study of case load in labor jurisdictions conducted in 
2000 documented that the majority of labor 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 and 16.4 
months in appeals courts, unworkably long considering family 
economic livelihoods are at stake. Only 4.5 percent of cases 
were conciliated in the court system. Others were conciliated 
at the level of the Labor Ministry, but no statistics are 
available to document the numbers.  The study reports 
significant inequity in access to justice, a grossly 
inadequate number of labor jurisdiction public defenders, and 
generally negative impressions of the efficacy of the system. 
 Generally, workers are not aware of their rights or of 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 "buy" cases from workers who cannot afford 
to wait months for a final settlement.  The labor law 
introduces "vocales" (spokespersons) who are low paid lay 
representatives (one each for the plaintiff and the 
defendant) who receive no training or supervision.  They are 
appointed annually by labor and employer representatives in 
each jurisdiction to assume the role of conciliators but in 
reality do not play this role. 
 
Expected Results 
- - - - - - - - - - - - 
 
¶5.  The following results are expected: 
 
a. Make labor jursdiction officials familiar with DR-CAFTA 
obligations and their application of Dominican labor law. 
b. Reduce labor case processing time. 
c. Increase access and quality of service delivery in labor 
jurisdictions. 
d. Improve protection of worker rights and make possible 
timely and equitable redress of grievances. 
e. Vastly increase the percentage of labor cases resolved 
through conciliation rather than full trial procedures. 
 
Specific Activities 
- - - - - - - - - - - - 
¶6.  These cover three years. 
 
Year 1: 
 
a. Complete a diagnostic study of the labor dispute 
resolution system (justice sector and Ministry of Labor) 
including case load, resolution times and mechanisms, 
analysis of institutional capacity, 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 identify reforms 
that can be implemented through administrative decree so to 
increase efficiency and access.  This study will update 
similar work from 2000, serve as a baseline for later measure 
of results, and guide reform initiatives. 
 
b. Train 50 percent of labor justice personnel on the content 
and application of the Dominican labor law and international 
labor law standards.  (officials currently in labor 
jurisdiction:  70 judges, 68 labor specific public defenders, 
40 prosecutors, 220 vocales and 172 investigators) 
 
c. Train 200 judicial personal in conciliation authority, 
procedures, and techniques (emphasizing vocales, 
investigators, and judges). 
 
d. Train all labor jurisdiction public defenders (68 
currently) in defense procedures, techniques, case 
investigation and presentation. 
 
e. Procedural/administrative reform:  begin consensus 
building and drafting of an administrative order to clarify, 
regularize, and assure the efficacy of the 'vocal' function. 
 
 
Year 2: 
 
f. Support recruitment, training, and supervision of career 
prosecutors, recruited using merit-based, competitive 
criteria for the labor jurisdiction (to end the practice of 
appointing prosecutors as political patronage, as is now the 
case). 
 
g. Train remaining 50 percent of labor justice personnel on 
the content and application of the Dominican labor law and 
international labor law standards. 
 
h. Support recruitment, training, and supervision of career 
labor jurisdiction public defenders, recruited using 
merit-based, competitive criteria for the labor jurisdiction 
(to end the practice of appointing public defenders as 
political patronage, as is now the case). 
 
i. Train an additional 200 judicial personal in conciliation 
authority, procedures, and techniques (emphasizing vocals, 
investigators, and judges). 
 
j. Support drafting, consensus building, and passage of an 
administrative order  to be issued by presiding justice of 
the Supreme Court to clarify, regularize, and assure the 
efficacy of the 'vocal' function, which currently does not 
function or creates obstacles for efficient labor case 
resolution. 
 
Year 3 : 
 
k. Support consensus building, drafting and congressional 
debate on reform of the Labor Code to include greater 
emphasis on conciliation, revision of the 'vocal' function, 
on procedural reforms to improve flexibility, and on rapid 
and effective case resolution, and to decrease discretionary 
decision-making. 
 
l. Train new-hire career public (labor) defenders in defense 
procedures, techniques, and strategies and train new-hire 
career prosecutors in labor law, criminal law as related to 
labor issues, international labor rights and practical skills 
development. 
 
m. Support the implementation of the administrative order 
(approved in year 2) to clarify, regularize, and assure the 
efficacy of the 'vocal' function. 
 
 
Link with US policy objectives and current assistance program 
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 
- - - - - - - - 
 
¶7.  The 'White Paper' on trade and labor from April 2005 
developed by CAFTA regional labor ministries established as 
top priorities the modernization of the labor justice system 
and strengthened capacity to enforce laws, conduct 
inspections, and resolve disputes .  The DR-CAFTA agreement 
identifies as priorities the increased respect and 
 
recognition of local labor laws and international standards 
and expanded capacity, enforcement and compliance in order to 
protect the region's workers. 
 
¶8.  Activity implementation and achievement of results 
specified would be possible with a USD 4.5 million budget and 
a three-year time-frame, as these activities directly 
complement to the on-going USG justice program focused on the 
criminal jurisdiction.  Adding similar activities in the 
labor jurisdiction would equire a minimal additional 
investment, as relationships are already established with 
sector institutions and NGOs. Similarly, the USG public 
diplomacy program is already focused on these issues, 
although in the criminal context.   This proposal allows for 
leveraging results in the labor jurisdiction by piggy-backing 
on the current USG justice strategy. 
 
¶9.  The Department of Labor's "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 greatly 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 will include new 
education/awareness activities on worker rights and means for 
redress.  For this reason, this project does not focus 
primarily on the Ministry of Labor.  It is recommended that 
DOL include the creation of an internal inspection unit in 
the Ministry of Labor to manage whistle blowing and 
assertions of official corruption. 
 
Cost 
- - - 
 
¶10. Estimated cost to achieve results above is $1.5m 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 other activities. 
 
¶11.  Summary Project Annual Budget: 
 
a.  Training of justice sector officials 
USD 500,000 
b.  Legal education campaign and outreach 
USD 300,000 
c.  Technical assistance for institutional/procedural reform 
USD 200,000 
d.  Legal and policy advocacy 
USD 200,000 
e.  Program administration 
USD 300,000 
 
¶12.  This proposal lays out activities and results over a 
three year time frame.  Approximately $1.5 million per year 
is required to achieve these high level, sustainable 
institutional changes, assure protection of worker and 
employer rights under the CAFTA-DR agreement, and improve 
efficiency in adjudication and conciliation. 
 
Degree of Local Buy-In 
- - - - - - - - - - - - - - - - - 
 
¶13.  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 would target 
priority weaknesses in the labor justice system and that once 
in place, they would significantly improve the access, 
quality, and protections provided by the system. 
KUBISKE