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This report summarises individual observations and direct requests issued by the ILO Committee of Experts related to child labour conventions. To view the full reports, go to the ILOLEX database (http://www.ilo.org/ilolex/english/) and click on 'display all documents related to a specific country'. CEACR: Individual Observation concerning Minimum Age Convention, 1973 (No. 138) Dominican Republic (ratification: 1999) Published: 2011 The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows: Article 2(1) and (4) of the Convention and Part V of the report form. Minimum age for admission to employment or work and application of the Convention in practice. Owing to high unemployment and poverty, particularly among the Haitian community, children enter the labour market at a young age and work in the informal economy or in agriculture. Moreover, the number of Haitian children working in sugar plantations alongside their parents is increasing. In reply to the ITUC’s observations, the Government indicated that the Dominican Republic is a very poor country and that it could not deny that children enter the labour market at a very young age. However, with the technical assistance of the ILO–IPEC, it is taking measures to eliminate child labour, for example to remove children who are working in the agricultural sector. The Government also indicated that all children, irrespective of their nationality and including children of Haitian nationality, have to attend school. Furthermore, the Secretariat of State for Labour, in collaboration with the Secretariat of State for Education (SEE), has formulated a plan of action under which labour inspectors who identify children not attending school have to inform the SEE, irrespective of their nationality. The Committee noted that, according to the statistics contained in the Report on the results of the national study on child labour in the Dominican Republic, published in 2004 by the ILO–IPEC, SIMPOC and the Secretariat of State for Labour, around 436,000 children aged between five and 17 years, were working in the Dominican Republic in 2000. Of these, 21 per cent were aged between five and nine years and 44 per cent were between ten and 14. The Committee noted that the sectors of economic activity most affected by child labour were services in urban areas and agriculture in rural areas. Furthermore, there were also many children working in the commercial and industrial sectors. The Committee noted that, in the context of the ILO–IPEC Time-bound Programme (TBP) on the worst forms of child labour, the Government has implemented several programmes of action in the agricultural and urban sectors to eliminate child domestic labour. According to the information available to the Office, these programmes should benefit around 25,200 boys and girls under 18 years of age and over 2,850 families. The Committee noted the adoption of the National Strategic Plan for the Elimination of the Worst Forms of Child Labour (2006–16), which is the country’s response to resolving the problem of child labour. The Committee notes the Government’s indication that, in collaboration with the ILO–IPEC, it continues to take steps to eliminate child labour, in particular to remove children from agricultural plantations. Furthermore, an ongoing awareness-raising campaign on the radio and television has been launched in the country’s towns. The Committee also notes that the Government is participating in the ILO–IPEC project entitled “Elimination of child labour in Latin America (Central American component)”. It also notes the adoption of a Decent Work Country Programme (2008–11) and that it takes into account child labour. Furthermore, it notes that the TBP is still in progress in the country. The Committee notes that, according to the statistics mentioned above, the application of the legislation on child labour seems difficult and that child labour constitutes a problem in practice in the country. It expresses its deep concern at the situation of children under the age of 14 years who are compelled to work in the Dominican Republic. =========================================================================================== CEACR: Individual Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Dominican Republic (ratification: 2000) Published: 2011 Articles 3(a) and 7(1), of the Convention. Sale and trafficking of children for commercial sexual exploitation, and penalties. The Committee noted that, according to the 2002 ILO–IPEC study entitled “Commercial sexual exploitation of young persons in the Dominican Republic”, the children involved in the commercial sexual exploitation sector were aged between 10 and 17 years. It noted that the Dominican legislation prohibits the sale and trafficking of children for the purposes of sexual and economic exploitation. The Committee also noted that, in the context of the ILO–IPEC Regional Project entitled “Participation in preventing and eliminating the commercial sexual exploitation of children in Central America, Panama and the Dominican Republic” (Regional Project against CSEC), legislative measures were to be adopted to amend Act No. 137-03 of 7 August 2003 on the smuggling of migrants and the trafficking of persons and the Penal Code with a view to reflecting accurately the content of international instruments on the trafficking of persons, including trafficking for commercial sexual exploitation. The Committee notes the Government’s information that the review of the Penal Code is being carried out in order to penalize clients and intermediaries of sale and trafficking and commercial sexual exploitation and establish new minimum penalties for commercial sexual exploitation. Moreover, Act No. 137-03 is also being revised. The Committee notes that the 2009 Report on Trafficking in Persons in the Dominican Republic (Trafficking Report), available on the Office of the High Commissioner for Refugees web site (www.unhcr.org), indicates that the Dominican Republic is a source, transit and destination country for men, women and children trafficked for the purposes of commercial sexual exploitation and forced labour. A significant number of women, boys and girls are trafficked within the country for forced prostitution and domestic servitude. In some cases, parents push children into prostitution to help support the family. Child sex tourism is a problem, particularly in coastal resort areas, with child sex tourists arriving year round from various countries, particularly Spain, Italy, Germany, Canada and the United States and reportedly numbering in the thousands. Haitian nationals, including children, who voluntarily migrate illegally to the Dominican Republic, may subsequently be subjected to forced labour in the service, construction and agricultural sectors. According to the same source, notwithstanding trafficking investigations continued during 2008, since 2007 there have been no convictions on trafficking charges under Act No. 137-03 and the Government did not show evidence of progress in prosecuting and punishing trafficking offenders. Moreover, according to the 2010 Interim Assessment for the Trafficking Report, also available at the website of the Office of the High Commissioner for Refugees (www.unhcr.org), the Government has made limited progress in combating trafficking in persons since the release of the 2009 Report. The Attorney General’s Office did not report any efforts to prosecute trafficking offenders and no trafficking cases were identified. The Committee finally notes that, according to the United Nations Office on Drugs and Crime (UNODC) 2009 Global Report on Trafficking in Persons, a human trafficking division within the national police was established in January 2008 to investigate cases of human trafficking. In addition, the Anti-Trafficking Unit of the Attorney-General’s office is tasked with investigating and prosecuting human trafficking and related crimes. Between 2007 and 2008, the human trafficking division investigated five cases of trafficking in persons, none of which involved children. Article 6. Programmes of action. 2. Commercial sexual exploitation. National Plan for the Elimination of the Abuse and Commercial Sexual Exploitation of Boys, Girls and Young Persons. In its previous comments, the Committee noted with interest the National Plan for the Elimination of the Abuse and Commercial Sexual Exploitation of Boys, Girls and Young Persons (National Plan against CSEC) and the activities envisaged therein to combat commercial sexual exploitation in the country. The Committee notes that, according to the ILO–IPEC project “Developing a road map to make Central America, Panama, and the Dominican Republic a child-labour free zone” (Road Map), among the achievements of the National Plan against CSEC 2003–13, assistance is offered by the National Council on Children and Adolescents (CONANI) to child and adolescent victims of commercial sexual exploitation. Article 7(2). Effective and time-bound measures. Clause (a). Preventing children from becoming engaged in the worst forms of child labour. Commercial sexual exploitation. 1. Time-bound Programme (TBP) and ILO–IPEC Regional Project. In its previous comments, the Committee noted that the commercial sexual exploitation of children was one of the worst forms of child labour in respect of which the Government had undertaken to adopt measures as a priority in the context of the ILO–IPEC TBP on the worst forms of child labour. The Committee notes that various measures have been adopted, both in the context of the ILO–IPEC project “Supporting the Time-bound Programme for the Elimination of the Worst Forms of Child Labour in the Dominican Republic – Phase II (2006–09)” (TBP, phase II), and in the context of the ILO–IPEC Regional Project against CSEC, to raise awareness on the commercial sexual exploitation of children. It also notes that, according to the technical progress report of September 2009 on the TBP, phase II, 56 children have been prevented from commercial sexual exploitation through the provision of educational services or training opportunities. 2. Tourist industry. In its previous comments, the Committee noted that the ILO–IPEC Regional Project against CSEC provides for the strengthening of national institutional capacities. The Committee notes that, according to the final technical progress report of July 2009 of the ILO–IPEC Regional Project against CSEC, major institutional coordination has been promoted by providing specialized technical assistance to the Inter-institutional Commission against Abuse and Commercial Sexual Exploitation of Children. Moreover, human resources at key institutions (childcare institutions, police, district attorneys and judges) were trained for the improvement of programmes for child victims through training workshops and education materials. The Committee notes the Government’s information that a project against commercial sexual exploitation in Las Terrenas is being carried out. It further notes the Government’s information that an ethical code for the tourism sector is being implemented and that awareness-raising activities on commercial sexual exploitation have been carried out in the tourist industry. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Commercial sexual exploitation. Following its previous comments, the Committee notes that, according to the technical progress report of September 2009 on the TBP, phase II, 80 children have been removed from commercial sexual exploitation through the provision of educational services or training opportunities. Article 8. International cooperation. 1. Commercial sexual exploitation. In its previous comments, the Committee noted that the ILO–IPEC Regional Project against CSEC envisaged the strengthening of horizontal collaboration between countries participating in the project. The Committee notes that, according to the final technical progress report of July 2009 of the ILO–IPEC Regional Project against CSEC, horizontal collaboration between countries participating in the project was strengthened, inter alia, through: developing a regional database with approximately 400 institutions working on the theme of commercial sexual exploitation of children; exchanging information between district attorneys and police officers on sexual crimes and experiences in police investigation methods; and supporting the stakeholders concerned (such as migration offices, the Commission of Central American Chiefs of Police and the INTERPOL Subregional Office) in the common fight against trafficking of children. 2. Poverty reduction. The Committee previously noted that both the Strategic National Plan for the Elimination of the Worst Forms of Child Labour (2006–16) and the National Plan against CSEC envisaged strategic measures for the reduction of poverty in the country. It also noted that, according to the statistical data provided by the Government, around 60 per cent of minors under 14 years of age lived in poverty in 2001. The Committee notes with interest the Government’s information that the conditional cash transfer programme “Solidaridad”, which is one of the programmes implementing the national strategy to reduce poverty (Social Protection Network), has been launched. It notes the Government’s information that “Solidaridad” signed a cooperation agreement with ILO–IPEC in order to link the activities of “Solidaridad” with the ongoing ILO–IPEC programmes of action in the country. The Committee further notes that fighting poverty as a way to prevent and progressively eradicate child labour and eliminate its worst forms is one of the objectives of the Road Map. As a way to achieve this objective, the coverage of “Solidaridad” is projected to increase by 2020 and priority is to be given to poorest families with children under 18 years at risk of being involved or involved in the worst forms of child labour. In particular, the number of poor families who are beneficiaries of “Solidaridad” is projected to increase from 409,696 in 2009 (37.55 per cent of the total number of families in situations of poverty) to 700,000 in 2020 (87.5 per cent ), and the total number of families who are beneficiaries with children from 6 to 16 years is projected to increase from 427,116 in 2009 to 891,656 in 2020. =========================================================================================== CEACR: Direct Request concerning Minimum Age Convention, 1973 (No. 138) Dominican Republic (ratification: 1999) Published: 2011 The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows: Article 2(2) of the Convention. Raising the minimum age for admission to employment or work. With reference to its previous comments, the Committee notes the Government’s indication that it is impossible for the time being to raise the minimum age for admission to work. Article 2(3). Age of completion of compulsory schooling. The Committee notes that, according to UNICEF statistics from 2006, the net school attendance rate at primary level is 88 per cent for girls and 84 per cent for boys, and at secondary level 39 per cent for girls and 27 per cent for boys. It also notes that, according to the information contained in the Education For All Global Monitoring Report entitled Education For All by 2015: Will we make it?, published by UNESCO in 2008, the goals on Education For All and gender parity, in both primary and secondary education, will not be achieved by 2015. Furthermore, the repetition rate, particularly in primary schools, has increased. However, the Committee notes that, according to the information contained in the UNESCO report, the Government has adopted an action plan on education. Article 3(3). Authorization to employ children in hazardous work from the age of 16 years. The Committee previously noted that, under the terms of section 3 of Resolution No. 52/2004 on work which is hazardous and unhealthy for persons under 18 years of age (Resolution No. 52/2004), minors aged from 16 to 18 years may be employed in some of the jobs contained in the list of hazardous and unhealthy types of work prohibited for persons under 18 years of age. It also noted that section 6 of Resolution No. 52/2004 establishes conditions for the employment of minors aged between 16 and 18 years which are consistent with Article 3(3) of the Convention. However, the Committee noted that section 251 of the Labour Code forbids minors under 16 years of age from performing hazardous or unhealthy work. It observed that this provision of the Labour Code is vague and establishes neither the conditions under which minors over 16 years of age may perform hazardous work nor the requirements for their protection and training. In this regard, the Government indicated that a proposal to amend section 251 of the Labour Code was to be submitted to the social partners for discussion. The Committee requested the Government to provide information on any developments in this regard. Article 5. Limitation of the scope of application of the Convention to certain branches of economic activity. In its previous comments, the Committee noted the efforts made by the Government, in collaboration with the ILO–IPEC, in relation to domestic work by children and encouraged it to envisage extending the scope of the Convention to include this type of work. Article 9(3). Employers’ registers. The Committee previously noted that neither the Labour Code nor its implementing regulations contain any provisions on employers’ registers. In this regard, the Government indicated that the Labour Department of the Secretariat of State for Labour has control over registers of working minors. ============================================================================================ CEACR: Direct Request concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Dominican Republic (ratification: 2000) Published: 2011 Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted that, under the terms of section 85(6) of Act No. 50 of 30 May 1988 respecting drugs and controlled substances, the use of minors to commit the offence of illegal trafficking of drugs or controlled substances is an aggravating circumstance in the determination of the penalty. It further noted that section 85(6) refers to the term “minor” without determining the age of the persons concerned by this provision. Article 6. Programmes of action. 1. Strategic National Plan for the Elimination of the Worst Forms of Child Labour (2006–16). The Committee noted with interest the adoption of the Strategic National Plan on the Elimination of the Worst Forms of Child Labour (Strategic National Plan). It noted that the Strategic National Plan included an overview of the measures to be taken to prohibit and eliminate the worst forms of child labour and that, for this purpose, the Government intended to involve all actors in society to achieve the objective. The Committee notes the Government’s indication that it is planning to strengthen the Child Labour Unit of the State Labour Department, which is in charge of coordinating the Strategic National Plan. It also notes that, according to the ILO–IPEC project “Encouraging a work-related enforcement culture” (2008–09), the Strategic National Plan includes the following objectives: awareness-raising; establishing a legal framework; combating the worst forms of child labour; protecting children; and ensuring better living conditions for families. It finally notes the Government’s indication that 17 action plans have been adopted to implement the Strategic National Plan. 2. Developing a road map to make Central America, Panama and the Dominican Republic a child-labour free zone. The Committee notes with interest that the Dominican Republic in collaboration with ILO–IPEC launched the project “Developing a road map to make Central America, Panama and the Dominican Republic a child-labour free zone” (Road Map), which is a component of the project “Encouraging a work-related enforcement culture” (2008–09). The Road Map is the strategic national framework to achieve the objectives established in the Decent Work Hemispheric Agenda of eliminating the worst forms of child labour by 2015 and eliminating child labour by 2020. Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing children from becoming engaged in the worst forms of child labour, removing them from these worst forms and ensuring their rehabilitation and social integration. Time-bound programme (TBP). The Committee previously noted that the target of the ILO–IPEC TBP on the worst forms of child labour was to directly benefit around 2,600 working children under 18 years of age and indirectly benefit other young persons under 18 years of age at risk and around 1,424 families in various provinces of the country. The Committee notes the Government’s information that, under the first phase of the implementation of the TBP, 16,990 children were prevented from being engaged in, and 8,449 children were removed from, the worst forms of child labour. It further notes the Government’s indication that the target of the ILO–IPEC project “Supporting the Time-Bound Programme for the Elimination of the Worst Forms of Child Labour in the Dominican Republic – Phase II (2006–09)” (TBP, phase II) was to prevent 2,200 girls, boys and adolescents from entering the worst forms of child labour and to withdraw 2,900 girls, boys and adolescents from the worst forms of child labour (total target is 5,100 children) through the provision of education, vocational training, medical assistance, legal assistance and other services. Moreover, 300 families are to receive assistance, including access to microcredit. The Committee also notes the Government’s information that nine programmes of action were carried out between 2007 and 2009 in the context of the TBP including: eradication of child labour in the streets and marginal areas of San Cristóbal; contribution to the eradication of hazardous work in the garbage dumps of Rafey, Municipality of Santiago; and preventing and eliminating hazardous work in the province of San Juan. The Committee further notes that, according to the technical progress report of September 2009 of the TBP, phase II, 2,371 children were prevented from, and 3,171 children were removed from the worst forms of child labour through the provision of educational services or training opportunities. Moreover, according to the same report, 4,736 child beneficiaries of direct action programmes received non-formal education services through the “Salas de Tarea”; 140 received vocational training; 60 children received legal assistance; 814 counselling services; and 988 health services. Regarding direct services providing incentives, 1,327 child beneficiaries received nutrition services; 2,471 children received uniforms and 3,436 children received notebooks and school supplies; and 89 children received stipends, mostly to attend training and workshops. Finally, direct services provided to adult members of families included: 189 vocational or training services; participation in income-generating activities (19 adults); medical check-ups (562 adults); and other services (147 adults). Clauses (a) and (c). Access to free basic education. The Committee previously noted that, in the context of the implementation of the TBP, educational measures were envisaged for children who were removed from the worst forms of child labour. Accordingly, children between the ages of 5 and 14 years were to be placed in primary schools, receive psycho-educational support and educational assistance to help them succeed in their studies. The Committee notes that, according to the technical progress report of September 2009 on the TBP, phase II, 99 per cent of all children reached through direct action executed by the implementing agencies at the local level were enrolled in formal schooling. It also notes that one of the objectives of the Road Map is ensuring education to all children, and particularly to those who work or who are at risk of being involved in work which hampers their right to education. Moreover, according to the Road Map, one of the objectives of the Decennial Educational Plan 2008–18 is to remove children from the worst forms of child labour and ensure their right to education. According to the same source, the ILO–IPEC project “Eliminating the worst forms of child labour through education”, which terminated in 2007, succeeded in preventing 5,053 children and adolescents from engaging in child labour, or removed them therefrom and rehabilitated them or kept them in formal education. A new phase of the project is being implemented, which targets 10,000 children and adolescents. The Committee finally notes that, according to the 2008 Findings on the Worst Forms of Child Labour in Dominican Republic, available at the website of the Office of the High Commissioner for Refugees (www.unhcr.org), the Government is part of a four-year project implemented by DevTech Systems, that seeks to withdraw and prevent 8,500 children from exploitative labour by improving the quality of, and ensuring access to, basic and vocational education. Clause (d). Children at special risk. 1. HIV/AIDS. In its previous comments, the Committee noted that, according to the Joint United Nations Programme on HIV/AIDS (UNAIDS), around 85,000 men and women between the ages of 15 and 49 years were infected by the virus or suffered from AIDS symptoms in the Dominican Republic. It also noted that the number of children orphaned as a result of HIV/AIDS was, however, unknown and that in 2003 there were around 7,900 deaths from the virus. The Committee notes that, according to the information contained in the report on the global AIDS epidemic published by UNAIDS in May 2008, the number of men and women infected by the virus or showing symptoms of the disease has declined and is around 62,000. The Committee notes that, in its concluding observations of 11 February 2008, the Committee on the Rights of the Child (CRC) (CRC/C/DOM/CO/2, paragraph 65) took note of the significant improvements of the National Response to HIV/AIDS under the new leadership of the Presidential AIDS Council (COPRESIDA), including a policy on HIV/AIDS and children launched in May 2007. 2. Street children. The Committee previously noted the concluding observations of the CRC on the initial report of the Dominican Republic in October 2001 (CRC/C/15/Add.150, paragraphs 45 and 46), in which it expressed concern at the large number of children living and/or working in the street. The Committee notes the Government’s information that “Outlines of policies for the protection of street children 2007–12” have been elaborated by the National Council on Children and Adolescents (CONANI). It notes that, according to the Road Map, these policies establish six goals, two of which concern the worst forms of child labour: mobilizing the community for preventing new cases of children involved in the worst forms of child labour; and increasing resources for assisting children and adolescents and reducing the risks related to the worst forms of child labour in the street. According to the Road Map, plans of action to implement these policies are being elaborated. The Committee further notes with interest the Government’s information that the conditional cash transfer programme “Solidaridad”, which is one of the programmes implementing the national strategy to reduce poverty (Social Protection Network), has been launched. “Solidaridad” helps families in situations of extreme poverty by providing them with allowances, subject to certain conditions, one of which is that children between 6 and 16 years stop working in the streets and attend school. The Committee further notes that, in the context of the Road Map, the coverage of “Solidaridad” is planned to increase by 2020 as a way to fight poverty and prevent and progressively eradicate child labour and eliminate its worst forms. Parts IV and V of the report form. Application of the Convention in practice. 1. Extension of measures adopted for the removal of children from the worst forms of child labour. In its previous comments, the Committee noted that, in the context of the TBP, the Government had decided to take measures as a matter of priority for the following three worst forms of child labour: the commercial sexual exploitation of children; hazardous types of work in the informal urban sector; and hazardous work in the agricultural sector. The Committee noted that, according to the information available to the Office, a fairly high number of children engaged in the worst forms of child labour and in certain tourist regions were not covered by the TBP. 2. Statistical data. Following its previous comments, the Committee notes that, according to the Road Map, statistics do not capture the extent and characteristics of the worst forms of child labour. In this regard, it notes that one of the objectives of the Road Map is to establish a national system of information on child labour and its worst forms, which will provide for updated data and follow-up to the policies and actions established by the Government. The Committee also notes the Government’s information that a modular indicator on child labour has been included in the National Household Survey (ENHOGAR) of the National Statistical Office. In this regard, it notes that, according to the technical progress report of September 2009 on the TBP, phase II, a second survey on child labour – the first since 2000 – was to be undertaken by the National Statistical Office at the end of 2009. The Committee further notes the Government’s information that a child labour indicator for children between 5 and 17 years has been included in the study of the Central Bank. The Committee however, also notes that the CRC, in its concluding observations of 11 February 2008 (CRC/C/DOM/CO/2, paragraph 21), while noting the significant progress made by the National Statistical Office in establishing an improved system of data collection on children and the establishment by CONANI of a system for gathering data related to its areas of expertise, was concerned, inter alia, at the lack of data about the commercial sexual exploitation of children.