Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Minimum Age Convention, 1973 (No. 138) - Dominican Republic (Ratification: 1999)

Article 2, paragraphs 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. In its previous comments, the Committee noted the comments made by the International Confederation of Free Trade Unions, now the International Trade Union Confederation (ITUC), according to which child labour is a major problem in the Dominican Republic. 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. The Committee firmly requests the Government to step up efforts to abolish child labour in the country. In this regard, it requests the Government to provide information on the measures taken within the framework of the National Strategic Plan for the Elimination of the Worst Forms of Child Labour (2006–16), the ILO–IPEC project on the elimination of child labour in Latin America, the Decent Work Country Programme (2008–11) and the TBP, in particular on the programmes of action which will be implemented to gradually abolish child labour. The Committee requests the Government to provide information on the results achieved. It also invites the Government to provide information on the application of the Convention in practice, including, for example, statistical data on the employment of children and adolescents, extracts from the reports of the inspection services, particularly inspections carried out in the sectors mentioned above.

Furthermore, the Committee is also addressing a direct request to the Government concerning other points.