[Federal Register Volume 77, Number 51 (Thursday, March 15, 2012)]
[Notices]
[Pages 15397-15398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6225]


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DEPARTMENT OF LABOR

Office of the Secretary


Dominican Republic-Central America-United States Free Trade 
Agreement; Notice of Determination Regarding Review of Submission 
<greek-i>2011-03

AGENCY: Bureau of International Labor Affairs, U.S. Department of 
Labor.

ACTION: Notice.

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SUMMARY: The Office of Trade and Labor Affairs (OTLA) gives notice that 
on February 22, 2012, Submission <greek-i>2011-03 was accepted for 
review pursuant to Article 16.4.3 of the Dominican Republic-Central 
America-United States Free Trade Agreement (CAFTA-DR).
    Father Christopher Hartley filed the submission with OTLA on 
December 22, 2011. The submitter alleges that the Government of the 
Dominican Republic (GODR) failed to fulfill its obligations under 
Chapter 16 of the CAFTA-DR (the Labor Chapter). U.S. Submission 
<greek-i>2011-3 alleges that the GODR's actions or lack thereof denied 
workers their rights under the laws of the Dominican Republic relating 
to freedom of association, the right to organize, child labor, forced 
labor, the right to bargain collectively, and acceptable conditions of 
work. These allegations are supported by statements which, if 
substantiated, could constitute a failure on the part of the Dominican 
Republic to comply with its obligations under the CAFTA-DR.
    The objective of the review of the submission will be to gather 
information so that OTLA can better understand the allegations therein 
and publicly report on the U.S. Government's views regarding whether 
the GODR's actions were consistent with its obligations under the Labor 
Chapter of the CAFTA-DR.

DATES: Effective Date: February 22, 2012.

FOR FURTHER INFORMATION CONTACT: Gregory Schoepfle, Director, OTLA, 
U.S. Department of Labor, 200 Constitution Avenue NW., Room S-5303, 
Washington, DC 20210. Telephone: (202) 693-4900. (This is not a toll-
free number.)

SUPPLEMENTARY INFORMATION: Article 16.4.3 of the Labor Chapter of the 
CAFTA-DR provides for the receipt and review of public communications 
(``submissions'') regarding labor law matters in Central America and 
the Dominican Republic. A Federal Register notice issued on December 
21, 2006 informed the public that the OTLA had been designated as the 
office to serve as the contact point for implementing the CAFTA-DR's 
labor provisions. The same Federal Register notice informed the public 
of the Procedural Guidelines that OTLA would follow for the receipt and 
review of public submissions (71 FR 76691 (2006)). These Procedural 
Guidelines are available at http://www.dol.gov/ilab/programs/otla/proceduralguidelines.htm. According to the definitions contained in the 
Procedural Guidelines (Section B) a ``submission'' is ``a communication 
from the public containing specific allegations, accompanied by 
relevant supporting information, that another Party has failed to meet 
its commitments or obligations arising under a labor chapter or Part 
Two of the NAALC.''
    The Procedural Guidelines specify that OTLA shall consider six 
factors, to the extent that they are relevant, in determining whether 
to accept a submission for review:
    1. Whether the submission raises issues relevant to any matter 
arising under a labor chapter or the NAALC;
    2. Whether a review would further the objectives of a labor chapter 
or the NAALC;
    3. Whether the submission clearly identifies the person filing the 
submission, is signed and dated, and is sufficiently specific to 
determine the nature of the request and permit an appropriate review;
    4. Whether the statements contained in the submission, if 
substantiated, would constitute a failure of the other Party to comply 
with its obligations or commitments under a labor chapter or the NAALC;
    5. Whether the statements contained in the submission or available 
information demonstrate that appropriate relief has been sought under 
the domestic laws of the other Party, or that the matter or a related 
matter is pending before an international body; and
    6. Whether the submission is substantially similar to a recent 
submission and significant, new information has been furnished that 
would substantially differentiate the submission from the one 
previously filed.

    U.S. Submission <greek-i>2011-3 alleges that the GODR's actions or 
lack thereof denied workers their rights under the laws of the 
Dominican Republic relating to freedom of association, the right to 
organize, child labor, forced labor, the right to bargain collectively, 
and acceptable conditions of work.
    In determining whether to accept the submission, OTLA considered 
the relevant factors in light of the statements in the submission and 
its supporting documentation. The submission clearly identifies the 
submitter, is signed and dated, and upon clarification, was 
sufficiently specific to determine the nature of the request and permit 
an appropriate review. It also raises issues relevant to the Labor 
Chapter of the CAFTA-DR, citing numerous problems in the sugar sector 
that it believes are in violation of the Dominican Republic's labor 
laws. The submission raises pertinent issues that would further the 
objectives of the Labor Chapter and that could, if substantiated, 
constitute a failure of the GODR to comply with its obligations under 
the Labor Chapter. The submitter provided additional information, 
including a list of articles of the Labor Code, the Constitution of the 
Dominican Republic, and ILO Conventions that he believes were violated 
by the allegations in the submission. The submitter provided 
information on his efforts to seek appropriate relief for these alleged 
violations under domestic laws and to raise the issues with GODR 
officials. The submission also notes that the issues in the submission 
have been raised in international fora, but to date, they have not been 
remedied. OTLA has not received similar submissions. Accordingly, OTLA 
has accepted the submission for review.
    OTLA's decision to accept the submission for review is not intended 
to indicate any determination as to the validity or accuracy of the 
allegations contained in the submission. The objective of the review of 
the submission will be to gather information so that OTLA can better 
understand the allegations therein and publicly report on the issues 
raised by the submission. OTLA will complete the review and issue a 
public report within 180 days, unless circumstances, as determined by 
OTLA, require an extension of time, as set out in the Procedural 
Guidelines. The public report will include a summary of the review 
process, as well as any findings and recommendations.


[[Page 15398]]


    Signed at Washington, DC, on February 22, 2012.
Sandra Polaski,
Deputy Undersecretary for International Affairs.
[FR Doc. 2012-6225 Filed 3-14-12; 8:45 am]
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