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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Dominican Republic (Ratification: 2000)

The Committee notes that the Government’s report contains no reply to its 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 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. The Committee noted that section 85(6) refers to the term “minor” without determining the age of the persons concerned by this provision. Noting the absence of information in the Government’s report, the Committee once again requests it to indicate the age of the minors covered by section 85(6) of Act No. 50 of 30 May 1988 respecting drugs and controlled substances.

Article 6. Programme of action. Strategic National Plan for the Elimination of the Worst Forms of Child Labour in the Dominican Republic (2005–15). The Committee noted with interest the document on the process of formulating a Strategic National Plan on the Worst Forms of Child Labour. It noted that the Strategic National Plan includes 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 intends to involve all actors in society to achieve the objective. The Committee once again requests the Government to provide information on the implementation of this Strategic Plan.

Article 7, paragraph 2. Effective and time-bound measures. The Committee noted previously that the ILO/IPEC Time-bound Programme (TBP) on the worst forms of child labour will directly benefit around 2,600 working children under 18 years of age, and will indirectly benefit young persons under 18 years of age who are at risk and around 1,424 families in various provinces of the country. It noted with interest the information provided by the Government that it is carrying out several programmes of action in the context of the TBP. These programmes are targeted at child labour in the agricultural sector in the regions of Constanza (vegetables), San José de Ocoa (coffee), Azua (tomatoes) and the provinces of Duarte and Maria Trinidad Sánchez (rice); domestic work by children in Santiago and urban child labour in San Domingo. According to the information available to the Office, these programmes will benefit directly or indirectly around 25,200 boys and girls under 18 years of age who are engaged in work or at risk of exploitation, and over 2,850 families.

Clause (a). Preventing the engagement of children in the worst forms of child labour. Hazardous work. In its previous comments, the Committee requested the Government to provide information on the results achieved following the implementation of the TBP in preventing children from being engaged in hazardous work in the urban informal economy and the agricultural sector. The Committee noted that the Government’s report does not contain any information on this subject. Taking into account the new information referred to above on the programmes of action undertaken by the Government, the Committee once again requests the Government to provide statistical data on the number of children who are in practice prevented from being engaged in the worst forms of child labour covered by the TBP as a result of its implementation.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee noted previously that the total number of children engaged in hazardous work in the agricultural sector was estimated at 13,554. The Committee also noted that the TBP provides for economic alternatives for the families of children who are removed from the worst forms of child labour and for the rehabilitation and social integration of these children. It requested the Government to provide information on the economic alternatives and on the measures adopted to ensure the rehabilitation and social integration of the children removed from the worst forms of child labour and the results achieved. The Committee noted that the Government has not provided any information in this respect in its report. It therefore once again requests the Government to provide statistical data on the number of children who are in practice removed from the worst forms of child labour covered by the TBP as a result of its implementation. The Committee also once again requests the Government to provide information on the economic alternatives envisaged and on the measures adopted to ensure the rehabilitation and social integration of the children removed from the worst forms of child labour.

Clause (c). Access to free basic education. 1. Reintegration in education. The Committee noted previously that, in the context of the implementation of the TBP, educational measures are envisaged for children who are removed from the worst forms of child labour. Accordingly, children between the ages of 5 and 14 years will be placed in primary schools, receive psycho-educational support and educational assistance to help them succeed in their studies. Noting the absence of information in the Government’s report on this subject, the Committee once again requests it to provide information on the number of children who, after their removal from work, have in practice been integrated into basic education or have followed pre-vocational or vocational training.

2. Strategic Plan for the Development of Education in the Dominican Republic (2003–12). With reference to its previous comments, the Committee once again requests the Government to provide information on the Strategic Plan for the Development of Education in the Dominican Republic (2003–12), particularly with regard to the enrolment in school of children removed from the worst forms of child labour.

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 are infected by the virus or suffer 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 requested the Government to provide information on the specific measures taken to improve the situation of child HIV/AIDS orphans. The Committee noted that, according to the information contained in the Report on the global AIDS epidemic published by UNAIDS in May 2006, the number of men and women infected by the virus or showing symptoms of the disease has declined and is around 66,000. It also noted that the report does not contain statistics on the number of HIV/AIDS orphans, but emphasized that, according to UNICEF, young persons are victims of the epidemic. The Committee once again observes that HIV/AIDS has consequences for orphans who are at greater risk of being engaged in the worst forms of child labour. It therefore once again requests the Government to provide information on the specific measures taken to improve the situation of these children.

2. Street children. The Committee previously noted the concluding observations of the Committee on the Rights of the Child 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 noted that the Government has not provided any information on this subject. Recalling once again that children living in the street are particularly exposed to the worst forms of child labour, the Committee once again requests the Government to provide information on the measures adopted to protect children living in the street from the worst forms of child labour and for their rehabilitation and social integration.

Clause (e). Special situation of girls. The Committee noted that the Government has not provided any information on this subject. It therefore once again requests it to indicate the manner in which it intends, in the context of the TBP, to accord special attention to the situation of girls and to remove them from the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that, in the context of the TBP, the Government had decided to take measures in 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. It requested the Government to indicate whether it intended taking measures with a view to establishing programmes to remove these children from work and to extend the TBP to other regions. The Committee noted that the Government has not provided any information on this point. It once again requests the Government to indicate whether, in the context of the implementation of the Strategic National Plan for the Elimination of the Worst Forms of Child Labour in the Dominican Republic (2005–15), it is envisaged to extend the measures adopted for the removal of children from the worst forms of child labour to other types of work and other regions. The Committee also once again requests the Government to provide statistical data and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations conducted, prosecutions and convictions and the penal sanctions applied. To the extent possible, all information supplied should be disaggregated by sex.