Paper presented for. International Health Policy. Nicolette Merino. Originally Submitted 4/3/03. Revised 4/22/03

Transcription

1 Paper presented for International Health Policy Nicolette Merino Originally Submitted 4/3/03 Revised 4/22/03

2 Current strained relationships between the Dominican Republic and Haiti stem from decades of political leaders with unrelenting quests for power. Although many political leaders have attempted to remedy the economical crises, they have made minimal improvements in the Haitian work force and their deprivation. The Dominican Republic, through the use of Haitian cane cutters, ensures maximization of profits regardless of human cost. This paper focuses on situations of Haitian immigrant sugar cane cutters employed during the Zafra, sugar cane cutting season, in the Dominican Republic. It will briefly outline three areas of concern. Section One: The transitional working agreement between the Dominican Republic and Haiti; Section Two: Results of inspections of these contractual agreements, actual working conditions, and compensation discrepancies for services rendered; and Section Three: The current situation for Haitian workers in the Dominican Republic. Section I: Transitional Working Agreement The importation of sugar cane workers began formally in 1952 under President Rafael Trujillo, a man concerned only for himself and took whatever measures deemed necessary to address his own interests 1. Trujillo initiated the first bilateral contract with Haiti, in response to depression in sugar prices that led plantation owners to seek cheaper

3 labor. This contract initiated the hiring of fifteen thousand day laborers for the needs of the sugar factories of the Dominican State and agreed to pay the Haitian agricultural worker the sum of 1 peso 35 in Dominican currency for each short ton of cane cut. The contract stated that each Haitian agricultural worker would receive the benefit of the Dominican Social Security laws, the compulsory health insurance, social assistance, insurance covering work related accidents, weekly time off, maternity insurance, the annual bonus, etc. It stated in the contract in the event of a wage increase paid to the Dominican worker, in accordance with the Dominican laws, the Haitian agricultural worker will be granted the same advantages. This contract also stipulated that a worker injured in a work related accident... will be entitled to all the expenses needed for his treatment. Due to migrant labor abuse, the CEA (State Sugar Council) was formed in 1960 to regulate this contract for the sugar cane plantations and its workers. Unfortunately, it is known that the CEA has been inefficient over the years caused by conflicting mandates profit orientation, and its expectations to keep prices low for domestic consumers 2. President Juan Bosch terminated this contractual agreement in 1963, but this resulted in huge labor shortages within the sugar industry. New elections brought a change in government and renewed interest in the Haitian working contract. President Joaquin Balaguer, a man who considered the Haitians a threat to Dominican morality because of their voodoo practices, reintroduced the contract in 1966 with minimal revisions. Although the provisions in the contract were sufficient to meet the needs of 1 The Plight of Haitian Workers in the Dominican Sugar Industry, McKenzie, Ryan, McKenzie, 1999

4 both Dominicans and Haitians, the contract was never honored with all provisions. In 1982, revisions were again made to the contract but mostly in areas benefiting the busceros, supervisors of the Batey (residential areas occupied by immigrant workers). Mistreatment of Haitians remained the same. It made no difference if a contract existed, Haitians still suffered from slave-like conditions. Today many Haitians do not have contractual agreements for work. Instead, Dominican government officials resort to illegal recruitments that result in widespread and coercive labor practices. Section II-Working Conditions Under the Contract Cutting sugar cane is hard work. The workers are forced to stretch and bend for eight to twelve hours per day in the tropical sun 3. Cutters use small machetes that frequently cause injuries because workers are not given proper training and protective clothing. Many are handed a machete and sent directly to the fields on their first day of work. The cane leaves which are covered with delicate, but sharp needles cut the worker s hands and become permanently lodged in their skin 4. While at work, lunch consists of sugar cane juice for caloric intake. Since sugar cane workers are paid by the ton, little time is wasted on breaks and lunches. As stated by the United Nations Economic and Social Council, cane cutters work about two days out of three. The third day is spent loading carts, which take the cane to weighing stations. The worker must pay to have the cane picked up and often the cane sits for extended periods of time, which dries out the cane and decreases its value in 3 Sugar Cane Slaves, Anti-slavery Today, Cultural Center of Dominicans and Haitians, Response on the Ground,

5 weight. According to information from Anti-Slavery International, workers are often cheated at the weighing stations through rigged scales and unwitnessed weighing. Cheating on the weighing of cane was temporarily reduced in 1996 when union insistence required regular official inspections. However, the inspections have become infrequent and ineffective. The worker is compensated a mere 43 pesos ($3.00 US) per ton. It is estimated that a veteran cutter can cut a maximum of 1.5 tons per day, working for 12 hours. 5 Cane cutters are not paid for the first three-months of employment as stated in their employment agreements. This amount is supposedly kept for them to receive upon termination of the seasonal employment. However, many workers, who have been illegally recruited, are deported or transferred without receiving these savings. Cane cutters are commonly paid with tokens or coupons. This practice violates both labor laws and international conventions on forced labor. Coupons can only be used at shops nominated by the supervisor that have inflated prices. These coupons can also be converted to cash but only at 80% of the original value. In the end, even a skilled worker earns less than 1,000 pesos per month. This amount violates the minimum wage required by Dominican Labor Laws stating that each cutter is guaranteed 1,200 per month. It is estimated that the monthly income needed to feed a family of four is 7,500 pesos. Obviously the meager 1,000 pesos or less does not meet the dietary needs of a single individual. Personal interviews with cane cutters residing in the Carabayo Batey in the Dominican Republic found that while working 9-12 hour days for one month, the

6 individual was able to earn only 1,600 pesos. He stated that all of his money was spent on food for his family of seven and this still did not cover basic dietary needs. He said that the store that he purchased food from allowed credit purchases; however, the credit limit was approx pesos and that it was deducted directly from his next pay with a large interest fee. He expressed frustration regarding the inability to feed his family and to save money. Upon interviewing other residents in this batey, it was found that no one was able to make enough money to feed their families, let alone save any money for medical care, clothing, or other items. Malnutrition is very common in the batey s and a report submitted to the United Nations stated, a large proportion of the Haitian immigrant workers in the Dominican Republic died from malnutrition. 6 Many agencies have come to the aid of Haitian sugar cane workers and have petitioned for better working conditions. In 1991, the Inter-American Commission on Human Rights issued a report stating advantages are enjoyed by the Dominican sugar industry from the availability of Haitians as a large source of cheap labor, which is driving down the wage levels. 7 It also referred to conditions of extreme poverty. It was noted that women cut cane for one half the cost paid to men regardless of the amount of cane cut. The United Nations Economic and Social Council requested reform for Haitian workers in 1998 by suggesting that all wages should be paid in cash and on a weekly basis a system for inspecting the weighing process on the plantations should be reestablished workers should have individually signed contracts in their native 5 McKenzie, National Coalition for Haitian Rights, Beyond the Bateyes, April Situation of Haitian Migrant Workers and their Families in the Dominican Republic, Inter-American Commission on Human Rights, 1999

7 language and legal identities should be granted after five years of employment. 8 Although many suggested reforms have been made to reduce the exploitation of Haitians, existing codes and contracts are still not being fully implemented. Section III-Current Situation of Haitian Workers in the Dominican Republic Today, the Haitian cane workers continue to struggle for mere existence. In 2000, it was estimated that 500,000 undocumented Haitian workers were residing in the Dominican Republic. In several cases, the individuals have been working in the Dominican for over 15 years and some over 40 years. One issue confronting Haitian workers today is the inability to obtain legal status and documentation as residents of the Dominican Republic. Even children born in the Dominican Republic from Haitian decent cannot obtain nationality because they are children of foreigners in transit. Because of this, children are denied fundamental rights of nationality to the country of birth such as access to health care and education. Throughout the last four years, massive repatriation efforts have forcibly removed over 75,000 Haitians from their homes and jobs in the Dominican Republic. These individuals were not given a chance to collect their belongings or paychecks before being bussed back to Haiti. 9 Haitian government official have claimed on numerous occasions that the deportees have been treated like animals taken in the middle of the night beaten and terrorized and are sometimes held in jails for days, even with their children. 10 The result of these mass deportations have once again benefited the Dominican business man who enjoys a new migrant 8 United Nations Economic and Social Council, Commission on Human Rights, Geneva May 1998, 23 rd session. 9 At Last in Hispaniola, Hands across the borders, Navarro, Mireya, 1999

8 workforce that is terrorized by the thought of deportation and ready to work for very little pay under horrific living conditions. Today, the expulsions are carried out with a lower profile and individuals are transported in covered trucks under the cover of night. It has been noted that these trucks are packed like a sardine can with about individuals for extended periods of time. 11 Another problem plaguing the Haitian cane workers today is the increased privatization of the sugar cane companies. Once primarily owned by government, and thus expected to comply with certain regulations and responsibilities, private companies have begun to take control. These companies have little incentive to provide oversight of the working conditions. One example of this is the French company Sucden, which slashed payrolls and invested nothing in the factory or workers facilities. Privatization has also caused conflicts with weighing and wages because some are no longer paying according to weight. These cane bosses are arbitrarily estimating the amount of cane cut and (workers) are paid according to whim 12. Mechanization is also starting to play an important role in the sugar cane industry. Machines and technology are making some jobs obsolete. Some companies no longer weigh the cane, which results in jobs involving weighing and separating cane nonexistent. Some machines are also being used to assist with cutting cane and processing it. This practice has eliminated jobs once employed by Haitians and Dominicans. 10 Report of the Haiti Support Network s Delegation to the Dominican Republic for the Second Assembly of Caribbean People 11 Conflict on the Haitian Dominican Border, 2000, 12 Conflict on the Haitian Dominican Border, 2000,

9 Because of Haitian working conditions, deportations, and the growing disparity in economic viability, some Haitians are moving into other industries. Coffee farmers and construction companies have started to employ Haitian workers. The government is seeking to lessen their dependence on sugar 13 and have focused on nontraditional, agricultural exports such as melons, vegetables, fruit, and tobacco. Haitian workers are beginning to filter into these agricultural pursuits for employment. Although the government has pushed for diversification and economic independence, it has not resulted in improved conditions for Haitian workers and has actually produced large increases in unemployment and poverty. Although the country is still rife with Anti-Haitianismo--a racist ideology that Dominicans are better than Haitians--Haitians and Dominicans have slowly begun to assist each other in their fight for better working environments. The Haitian Support network visited the Dominican Republic in April of 2001 and noted that in border areas, strong bonds have developed between the two nationalities. As conditions worsen, the movement for rights appears to be gaining in strength and the exploitation of workers seems to be fueling the solidarity. Although there is a long way to go, many non-profit groups, advocacy assemblies, and other delegations are continuously fighting for the rights and improved working conditions of Haitian cane workers. 13 Political and Economic Crisis in Dominican Republic, Langston, Esther, May 2000