Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children for commercial sexual exploitation, and penalties. The Committee recalls its previous comment which noted that the Dominican Republic is a source, transit and destination country for men, women and children who are trafficked for the purposes of commercial sexual exploitation and forced labour. It further noted that, despite the severe penalties set out in the national legislation for the trafficking of persons and the efforts made by the Government to eliminate this practice, the problem remained very widespread. Finally, the Committee noted the Government’s information that a review of the Penal Code and Act No. 137 03 of 7 August 2003 was being carried out to strengthen penalties concerning the sale and trafficking and commercial sexual exploitation of children.

The Committee notes the information provided in the Government’s latest report concerning the development of the National System of Monitoring and Information on forced labour (INFOSITI), a project that has received assistance from ILO–IPEC through a Spanish-funded project. The Government indicates that a database on child labour has been developed under the first phase of INFOSITI and that, in the second phase, it is developing a system of data collection on child labour gathered by the labour inspectorate as well as protocols for the management of information and inter-institutional responses. The Government further indicates that it has established 45 provincial local management committees for the prevention and eradication of child labour and two surveillance and prevention networks.

While taking note of these measures, the Committee notes the information provided by the International Organization for Migration (IOM) concerning the incidence of Haitian minors who are victims of trafficking in the Dominican Republic. In view of the persistence of trafficking of children in the country, the Committee notes with concern that the Government’s report provides none of the specific information which the Committee had requested in its previous observation concerning measures to tackle the problem of trafficking of children for commercial sexual exploitation and forced labour in the country as well as to strengthen the anti-trafficking law enforcement efforts to address the issue. The Committee notes that, although the Government has included as an objective of its Strategic National Plan for the Elimination of the Worst Forms of Child Labour (PEN) (2006–16) the revision of the Penal Code, it indicates in its report that its current national legislation already provides the highest penalties for crimes involving trafficking. The Committee is, therefore, bound to urge the Government, again, to strengthen its efforts to enhance the capacity of law enforcement agencies concerning the prosecution and imposition of dissuasive penalties on all persons who traffic in children for the purposes of sexual or labour exploitation. It also requests the Government to provide information on the development of the INFOSITI and to transmit the statistical data collected in this process, particularly as it concerns the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for violations of the legal prohibitions on the sale and trafficking of children. Finally, it requests the Government to clarify whether it envisions amendments to the Penal Code and Act No. 137-03 of 7 August 2003 as previously indicated.

Article 6. Programmes of action. Commercial sexual exploitation. National Plan for the Elimination of the Abuse and Commercial Sexual Exploitation of Boys, Girls and Young Persons. In its previous comment, the Committee noted with interest the 2009–14 National Plan for the Elimination of the Abuse and Commercial Sexual Exploitation of Boys, Girls and Young Persons (National Plan against Commercial Sexual Exploitation of Children (CSEC)) and the activities envisaged therein to combat commercial sexual exploitation in the country, as well as the ILO–IPEC project “Developing a roadmap to make Central America, Panama, and the Dominican Republic a child-labour free zone”, in which assistance is offered by the National Council on Children and Adolescents (CONANI) to child and adolescent victims of commercial sexual exploitation.

The Committee notes the 2006–16 PEN, which aims to ensure the protection of fundamental rights to children and young persons by 2016 and to eliminate child labour by 2020. In addition, the Committee notes the Government’s information concerning the measures that have been carried out under the PEN, as well as the Roadmap to Make the Dominican Republic a Country Free from Child Labour and its Worst Forms (hereafter, the Roadmap), including the incorporation of the prevention and eradication of child labour in the United Nations Development Assistance Framework (UNDAF) 2012–16 and its programme to link the prevention and elimination of child labour in those households which obtain benefits for progressing with the solidarity programme.

While noting the Government’s measures to eradicate child labour in the country, the Committee notes that the Government’s report provides no new information concerning concrete measures taken or envisaged under the National Plan against CSEC – or a similar national programme – to combat the specific problem of the commercial sexual exploitation of children in the country. The Committee accordingly requests the Government to strengthen its efforts to combat the commercial sexual exploitation of children and to provide information on the impact of the PEN and the Roadmap in this regard.

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. 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. It further noted that major institutional coordination has been promoted by providing specialized technical assistance to the Inter-institutional Commission against Abuse and Commercial Sexual Exploitation of Children, and that an ethical code for the tourism sector was being implemented and that awareness-raising activities on commercial sexual exploitation have been carried out in the tourist industry. Noting the absence of any new information on this point, the Committee is bound to request, again, the Government to indicate the measures taken or envisaged to raise awareness among actors directly related to the tourist industry. It also asks the Government to provide information on the implementation of the regional project against commercial sexual exploitation in terms of preventing the commercial sexual exploitation of children.

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. The Committee previously noted that 80 children were removed from commercial sexual exploitation through the provision of educational services or training opportunities.

The Committee notes that, although the Government has provided detailed information concerning its education initiatives, including increasing access to initial and basic education and adding new classrooms throughout the country, it has failed to provide any new information concerning the manner in which its educational and training programmes aim to remove children from commercial sexual exploitation. The Committee accordingly requests the Government to indicate the measures it has taken to provide the necessary and appropriate direct assistance for the removal of children from commercial sexual exploitation and for their rehabilitation and social integration. The Committee also once again requests the Government to indicate whether reception centres for child victims of commercial sexual exploitation have been established in the country, with an indication of the number of children actually received by such centres; and whether specific medical and social follow-up programmes have been formulated and implemented for child victims of commercial sexual exploitation.

The Committee is raising other matters in a request addressed directly to the Government.