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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 6 of the Convention. Programmes of action. The Committee notes the Government’s indication, in reply to its previous comments, that the objective of the No hay excusa (no excuses) campaign was to give visibility to the problem of the commercial sexual exploitation of children and also to provide a helpline for reporting this crime. For three months the campaign was disseminated through various platforms, media, enterprises and airports. The Committee also notes the Government’s indication that, in the context of the “National Strategic Plan for the elimination of the worst forms of child labour 2006–16”, the National Council for Children and Young Persons (CONANI), in coordination with the Ministry of Labour, proposed to guarantee the restoration of the rights of street children and young persons engaged in the worst forms of child labour. In this regard, CONANI is carrying out an evaluation to determine the family and school situation and physical and psychological health of child victims of the worst forms of child labour in order to take action to determine urgent support needs. Lastly, the Committee notes that, in the context of the Supérate programme (the Government’s main social action framework), a protocol for the care of orphaned children whose mothers were the victims of femicide was adopted in order to prevent these children from being exposed to the worst forms of child labour, particularly commercial sexual exploitation. As a result of the application of the protocol, 510 children and young persons who lost their mothers to femicide are receiving psychological support and personalized care. The Committee welcomes the measures adopted by the Government and requests it to continue sending information on the programmes of action implemented to eliminate the worst forms of child labour, and on their results. The Committee also requests the Government to clarify whether it is planned to adopt a new “National Strategic Plan for the elimination of the worst forms of child labour”.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. 1. HIV/AIDS orphans. In reply to the Committee’s previous comments, the Government indicates that measures have been adopted to strengthen the capacity of families and communities to care for orphaned children. In this regard, a total of 15,002 families of persons living with HIV are registered in the Supérate programme for monetary transfers to families with limited resources, and some 28,000 families are registered in the National Health Insurance subsidy scheme. The Committee notes that, according to UNAIDS statistics, the number of HIV/AIDS orphans increased slightly from 40,000 in 2016 to 44,000 in 2022. The Committee requests the Government to continue sending information on the time-bound measures taken to protect HIV/AIDS orphans from being engaged in the worst forms of child labour, and on the results achieved in this respect.

2. Haitian migrant children. The Committee notes that the United Nations (UN) Special Rapporteur on the sale and sexual exploitation of children refers in the 2018 report on her visit to the Dominican Republic to the situation of unaccompanied migrant children of Haitian origin who are the victims of multiple forms of exploitation and who work as shoeshiners, street vendors, porters and window cleaners or who are used by adults for criminal activities or begging. The UN Special Rapporteur emphasizes that many of these children are obliged to give financial compensation to their traffickers and that fear and lack of protection prevent them from reporting the individuals who are exploiting them (A/HRC/37/60/Add.1, paragraphs 22 and 24). The Committee requests the Government to provide detailed information on the measures taken to protect migrant children of Haitian origin, particularly those who are undocumented, against the worst forms of child labour, including information on reception centres available for this purpose.

Article 8. International cooperation. The Committee notes that the Government continues to participate in meetings organized in the context of the Latin America and the Caribbean Regional Initiative, at which progress and experience on the prevention and elimination of child labour is shared by each State party.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 3(a) and (b) and 7(1) of the Convention. Sale and trafficking of children for commercial sexual exploitation, and penalties. The Committee notes the Government’s response, in reply to its previous comments, that in 2020 the Special Prosecutor’s Office against the Illicit Trafficking of Migrants and Human Trafficking reported 41 cases of commercial sexual exploitation of young persons under 18 years of age; and that between 2016 and 2020 a total of 239 cases of illicit human trafficking involving minors were recorded. Moreover, according to information on the official website of the Attorney-General’s Office, between May 2017 and March 2019 legal proceedings were opened in 139 cases relating to commercial sexual exploitation, illicit trafficking of migrants, child pornography and human trafficking. These cases involved 88 victims under 18 years of age, and convictions were handed down in 33 cases.

The Committee also notes that the United Nations (UN) Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material, observes in the 2018 report on her visit to the Dominican Republic that a significant proportion of foreign tourists come to the country for the purpose of sexual exploitation, including of girls, and that child sexual exploitation is especially concentrated in beach areas such as Bávaro, Boca Chica, Sosúa, Cabarete and Las Terrenas. The UN Special Rapporteur also highlights the fact that intermediaries who facilitate child sexual exploitation form part of a chain that includes pimps, taxi drivers, and owners of motels, night clubs and car-wash facilities, and that these criminal structures often operate with the complicity of the local authorities (A/HRC/37/60/Add.1, paragraphs 18 and 19). Taking account of the fact that the trafficking of children for commercial sexual exploitation has been an extensive problem in the country, particularly in the tourism sector, and that there has been a high degree of impunity in this sphere, the Committee notes with deep concern this information and also the low number of convictions in relation to the number of cases involving the trafficking and commercial sexual exploitation of minors.

Lastly, with regard to the revision of the Penal Code for the purpose of reinforcing the penalties for perpetrators of the sale and trafficking of children for commercial sexual exploitation, the Committee notes that the new draft Code has already been approved by the Chamber of Deputies and is being reviewed by a special committee of the Senate of the Republic.The Committee once again firmly urges the Government to take all necessary steps without delay to ensure that circumstances which constitute the sale and trafficking of children for exploitation are investigated and that the perpetrators are duly prosecuted and penalized. The Committee requests the Government to continue sending information on the application in practice of section 3 of Act No. 137-03 on the illicit trafficking of migrants and other persons which criminalizes the trafficking of children for commercial sexual exploitation, and sections 408–410 of the Code for the protection of the rights of children and young persons, which establish penalties for the commercial sexual exploitation of minors. Lastly, the Committee requests the Government to continue sending information on progress made with regard to the adoption of a new Penal Code.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Commercial sexual exploitation in the tourism industry. The Committee notes the Government’s indication, in reply to its previous comments, that the Central Tourism Police Department (POLITUR) has a “Programme for the protection of children and young persons” aimed at protecting children and young persons against all forms of violence, abuse, exploitation and trafficking, especially those that occur as a result of tourism-related activities. In order to achieve this objective, POLITUR coordinates its actions with the Public Prosecutor’s Office, the hotel sector and tourism clusters. The Committee also notes that the Ministry of Labour has established a committee to work on aspects of commercial sexual exploitation and other worst forms of child labour in coordination with the Attorney-General’s Office, the National Council for Children (CONANI), and other institutions that are part of the National Steering Committee to Combat Child Labour and the Inter-institutional Commission against the Abuse and Commercial Sexual Exploitation of Children. Within the above-mentioned committee, awareness-raising workshops have been held for members of tourism clusters throughout the country. In addition, the Ministry of Labour has established local, provincial and municipal steering committees in all provinces of the country, including in tourist areas, and also watchdog committees or units in municipalities and districts where there are no labour offices. The Committee notes that the UN Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material, observed in her 2018 report that the province of Puerto Plata is one of the main centres of child sexual exploitation in tourism and that the local authorities are overwhelmed by the problem without the support of the central authorities to prevent and combat it. The Special Rapporteur also expressed regret at the lack of real and effective involvement on the part of the Ministry of Tourism in combating child sexual exploitation in tourism (A/HRC/37/60/Add.1, paragraphs 20 and 61). The Committee requests the Government to intensify its efforts and continue to adopt effective time-bound measures to prevent the commercial sexual exploitation of children in the tourism industry, in coordination with central and local authorities and in collaboration with the various actors in the aforementioned industry (Ministry of Tourism, hotel sector and other tourism enterprises). The Committee also requests the Government to send information on this matter and also on the watchdog activities of POLITUR to protect children and young persons against commercial sexual exploitation in tourism-related activities.

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. Further to its previous comments on the number of child victims of commercial sexual exploitation who have received assistance and been removed from such exploitation, the Committee notes with regret that the Government has once again not provided information on this matter. Furthermore, the Committee observes that the UN Special Rapporteur on the sale and sexual exploitation of children noted with regret in her 2018 report the absence of accessible complaint mechanisms for child victims of violence, abuse and sexual exploitation (A/HRC/37/60/Add.1, paragraph 54). The Committee therefore requests the Government to take measures to ensure that child victims of commercial sexual exploitation, or their parents or tutors, can access complaint mechanisms rapidly, easily and free of charge, and can also access programmes for their rehabilitation and social reintegration. In this regard, it requests the Government to send up-to-date statistical information on the number of child victims of commercial sexual exploitation who have been identified, rescued and rehabilitated.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 6 of the Convention. Programmes of action. National plan of action against trafficking. In its previous comments, the Committee noted the adoption of the National Strategic Plan of Action for the Eradication of the Worst Forms of Child Labour 2006–16 (PEN), which set out the measures to be taken for the eradication of the worst forms of child labour and the prohibition of such practices. It noted that the Government was planning to strengthen the Child Labour Unit (CLU) responsible for the coordination of the National Strategic Plan within the State Department of Labour, and that 17 programmes of action had been adopted for the implementation of the PEN. The Committee asked the Government to provide information on the programmes of action undertaken in the context of the PEN. Noting that the Government’s report does not contain any further information on this subject, the Committee once again requests it to provide information on the programmes of action undertaken within the context of the PEN and on their results in terms of the elimination of the trafficking of children. It also requests the Government to provide updated information on the results of the measures taken to reinforce the CLU.

Article 7(2). Effective and time-bound measures. Clauses (a) and (c). Access to free basic education. With regard to the measures taken by the Government to ensure the access to free basic education of all children who have been removed from the worst forms of child labour, the Committee requests the Government to refer to its detailed comments concerning the application of the Minimum Age Convention, 1973 (No. 138).

Clause (d). Children at special risk. HIV/AIDS. In its previous comments, the Committee noted that, while it was known that approximately 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, the number of child HIV/AIDS orphans was not known. It also noted the significant improvements following the National Response to HIV/AIDS under the new leadership of the Presidential AIDS Council (COPRESIDA), including a policy on HIV/AIDS and for children.

The Committee notes that, according to the 2016 estimates of the UNAIDS agency, there are around 40,000 child HIV/AIDS orphans in the country. In view of the particularly serious situation of child AIDS orphans, especially as they are particularly exposed to the worst forms of child labour, the Committee once again requests the Government to provide detailed information on the specific measures taken to improve the situation of children orphaned as a result of HIV/AIDS.

Article 8. International cooperation. 1. Action to combat poverty. The Committee previously noted that both the PEN and the National Plan to Combat the Sexual Exploitation of Children envisaged a number of strategic poverty reduction measures in the country. It noted with interest the conditional cash transfer programme “Solidaridad”, among the various programmes to give effect to the national poverty reduction strategy (Social Protection Network). It noted that a cooperation agreement had been concluded between this network and ILO–IPEC to link the activities of the Solidaridad programme and the various ILO–IPEC programmes in the country. It noted that it was planned to increase the coverage of Solidaridad by 2020 and that priority would be given to the poorest families with children under 18 years of age who had, or were liable to become engaged in the worst forms of child labour. It further noted that the Solidaridad programme planned to remove 1,653,510 children from work in 2016. Noting the lack of information provided on this subject, the Committee requests the Government to provide information on the results of the “Solidaridad” programme, particularly in terms of the effective reduction of poverty among children removed from situations of sexual exploitation or trafficking for commercial sexual exploitation, as well as street children.

2. Regional Initiative. The Committee notes that the Dominican Republic is participating in the Latin America and the Caribbean Free of Child Labour Regional Initiative, which has the mandate to strengthen inter governmental cooperation to combat child labour through prevention and intra and intersectoral institutional coordination. The Committee requests the Government to provide information on the measures taken for the implementation of the Regional Initiative.

Application of the Convention in practice. The Committee once again notes that the information provided by the Government does not contain specific information enabling it to assess the incidence of the worst forms of child labour in the country. The Committee therefore urges the Government to strengthen its action so as to ensure the availability of statistics on the incidence of the worst forms of child labour. In this regard, it requests the Government to provide information on the nature, extent and trends of the worst forms of child labour, including the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions and convictions, and the penal sanctions applied. In as much as possible, this information should be disaggregated by age and gender.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children for commercial sexual exploitation, and penalties. The Committee previously 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, the problem remained widespread. The Committee noted the implementation of the National System of Monitoring and Information on Forced Labour (INFOSITI), a project that has received assistance from ILO–IPEC through a project funded by Spain. The Government also indicated that it was developing a system of data collection on child labour through the labour inspectorate, as well as protocols for the management of information and inter-institutional responses. Despite these measures, the Committee noted the high numbers of Haitian children who are victims of trafficking in the Dominican Republic.

The Committee notes the Government’s indication in its report that a criminal investigation unit has been established to investigate cases of trafficking under the responsibility of the Office of the Public Prosecutor, which is composed of 41 members trained by the Federal Bureau of Investigation (FBI). The Committee also notes the Government’s indication once again that a review of the Penal Code has been initiated with a view to strengthening the penalties established for the sale and trafficking of children and their commercial sexual exploitation. The Government adds that it is currently undertaking a study to gather information on cases of trafficking of Dominican women abroad between 2009 and 2015. The Committee also notes that, according to the 2016 report of the Ministry of Foreign Affairs, the Dominican Republic has registered 17 cases of sexual exploitation, six cases of commercial sexual exploitation and two cases of child pornography. However, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of March 2015, continued to express concern at the fact that sexual exploitation is still perceived as a private matter, which contributes to the high level of impunity in this field (CRC/C/DOM/CO/3-5, paragraphs 33 and 35). The Committee is therefore once again bound to urge the Government to intensify its efforts to strengthen the capacities of the law enforcement agencies so that all those engaged in acts involving the trafficking of children for sexual or labour exploitation be subjected to robust prosecution and dissuasive penalties. It requests the Government to provide information on the results achieved, in particular with regard to the training of the Criminal Investigation Unit. It also once again requests the Government to provide information on the implementation of the INFOSITI and to provide the statistics gathered in this context, particularly on the number of violations reported, investigations, prosecutions, convictions and penal sanctions applied in cases of violations of the legal provisions prohibiting the sale and trafficking of children. Finally, it requests the Government to provide information on the progress achieved in the amendment of the Penal Code.

Article 6. Programmes of action. Commercial sexual exploitation. In its previous comments, the Committee noted the ILO–IPEC project entitled “Developing a Roadmap to make Central America, Panama and the Dominican Republic a Child Labour Free Zone”, which was to receive assistance from the National Council for Children and Young Persons (CONANI), targeting child victims of commercial sexual exploitation. The Committee also noted that the prevention and eradication of child labour was included in the United Nations Development Assistance Framework (UNDAF) 2012–16.

The Government refers to the launching of the campaign “No hay excusas” (“No excuses”), with the technical and financial support of UNICEF, intended to prevent the sexual exploitation of children and young persons. Well-known personalities from artistic circles in the country have participated in the campaign, which has been broadly disseminated in the media. However, the Committee notes that the CRC, in its concluding observations, remained concerned at the lack of appropriate care and rehabilitation programmes for children victims of sexual exploitation (CRC/C/DOM/CO/3-5, paragraph 33). The CRC also expressed particular concern at the inadequate supervision of institutions by CONANI (paragraph 41). While noting the measures taken by the Government, the Committee requests it to strengthen its efforts to combat the commercial sexual exploitation of children. Noting the absence of information on this subject, it requests the Government to provide information on the impact of the Roadmap and of the “No hay excusas” campaign in this field, including in terms of the number of children that were reached. To the extent possible, the information should be disaggregated by age and gender.

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 in the tourism industry. In its previous comments, the Committee noted that the ILO–IPEC regional project against the commercial sexual exploitation of children envisaged the strengthening of national institutional capacities. It noted that greater institutional coordination had been promoted through specialized technical assistance granted to the Inter-institutional Commission against the Abuse and Commercial Sexual Exploitation of Children.

The Committee notes the Government’s indication that the Ministry of Labour, through the National Steering Committee to Combat Child Labour, and with the assistance of local authorities, has developed a pilot plan and has accordingly opened 18 vigilance units, mainly in touristic areas such as Boca Chica, Juan Dolio y Guayacanes. The Government adds that a process of awareness raising for actors in the tourism economy, including the Specialized Tourist Safety Unit (CESTUR) already exists. However, the Committee notes that the Government has not provided any information on the resources allocated in the context of the awareness-raising process for the effective prevention of the commercial sexual exploitation of children. Finally, the Committee notes that the CRC expressed concern at the high prevalence of sexual exploitation by foreign tourists, particularly affecting children of Haitian descent (CRC/C/DOM/CO/3-5, paragraph 33). The Committee therefore requests the Government to intensify its efforts and to provide information on the measures taken or envisaged to raise the awareness of the actors in the tourism industry. It also requests it to provide further information on the work and functions of the vigilance units and the activities of the CESTUR. The Committee once again requests the Government to provide information on the implementation of the Regional Project against Commercial Sexual Exploitation in relation to the prevention of the commercial sexual exploitation of children.

Clause (b). Direct and necessary assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Commercial sexual exploitation. Further to its previous comments, the Committee notes the Government’s indication that the Caso a caso project, financed by the International Organization for Migration (IOM), establishes a forum to provide guidance to children and young persons who are victims of commercial sexual exploitation. It also notes the Government’s indication that one of its greatest successes has been the establishment of the first shelter for victims of trafficking and sexual exploitation. However, the Committee notes the absence of detailed information on the number of children received in the shelter and the measures taken for their rehabilitation and social integration. The Committee therefore requests the Government to provide further information on the shelter established in the framework of the Caso a caso project and to specify the number of children received by the shelter. It also requests the Government to indicate whether specific social and medical follow-up programmes are envisaged and implemented for children victims of commercial sexual exploitation.

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

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

Article 6 of the Convention. Programmes of action. National Plan against Trafficking. In its previous comment, the Committee noted the adoption of the Strategic National Plan on the Elimination of the Worst Forms of Child Labour (Strategic National Plan), which outlines measures to be taken to prohibit and eliminate the worst forms of child labour. The Committee noted the Government’s indications that it is planning to strengthen the Child Labour Unit (CLU) of the State Labour Department, which is in charge of coordinating the Strategic National Plan, and that 17 action plans have been adopted to implement the Strategic National Plan.

The Committee notes that the Government’s report provides no updated information concerning this National Plan or any measures undertaken to combat the trafficking of children. The Committee accordingly requests the Government to provide information on the programmes of action established in the context of the National Plan against Trafficking and the results achieved in terms of the elimination of the trafficking of children. It further requests the Government to provide updated information concerning the impact of its efforts to strengthen the CLU.

Article 7(2). Effective and time-bound measures. Clauses (a) and (c). Access to free basic education. In its previous comment, the Committee noted that, under the ILO–IPEC Time-bound programme on the worst forms of child labour, educational measures were envisaged for children who were removed from the worst forms of child labour. The Committee also noted that, according to the 2008 Findings on the Worst Forms of Child Labour in the Dominican Republic, the Government participated in 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.

The Committee notes the Government’s detailed information concerning its recent measures to improve the quality and access to education and vocational training. The Government refers, in this respect, to Decree No. 546-12 initiating the National Literacy Plan that aims to eliminate illiteracy by 727,000 nationals in two years. The Committee further notes the Government’s indications that 2,243 of the anticipated 10,000 new classrooms have been developed, and that, under Decree No. 102-13 initiating the National Plan of protection and attention to early childhood, 216 new centres will be developed and basic education will be extended so that 190,000 children of five years of age will receive initial education and will be integrated into the education system. The Government further refers to the Institute of Professional Technical Training (INFOTEP), which offers courses to young persons over 16 years of age, and indicates that 4,426 directors, teachers, technicians, coordinators and students have been involved in the Professional Technical Modality. The Committee further notes the National Plan of Literacy “Quisqueya Aprende Contigo” (QAC), which aims to increase literacy among young persons over 15 years of age, and that 505,518 persons have registered in the core learning programme, among which 270,000 have concluded the basic literacy programmes.

Finally, the Committee notes the Government’s statistical information concerning the level of education coverage, disaggregated by level, region and province, for the period 2011–12, according to which the national level of initial education is 38.6 per cent and basic education is 90.2 per cent. The Committee notes the ILO–IPEC Global Action Programme on Child Labour Issues (GAP-11) 2011–15 which, under output 1.2.1 on strengthened enforcement mechanisms in target countries, has contributed to the strengthening of the national child labour monitoring system and national childhood statistics.

The Committee appreciates the measures taken by the Government to extend access to basic education and to ensure an increasing enrolment rate in the national educational system. It requests the Government to provide information on the implementation of the four-year project implemented by DevTech Systems, as well as the additional educational plans and measures referenced above, particularly with regard to the number of children who have been enrolled in basic education or have followed pre-vocational or vocational training as a way to prevent them from being involved in the worst forms of child labour, as well as 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.

Clause (d). Children at special risk. HIV/AIDS. In its previous comments, the Committee noted that, while it was known that approximately 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, the number of children orphaned as a result of HIV/AIDS was unknown. The Committee also noted 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.

The Committee notes the Government’s report, which indicates that this issue is not within its competency. The Committee draws the Government’s attention, in this respect, to Article 7(2)(d) of the Convention, which recognizes that effectively combating the worst forms of child labour means identifying and reaching out to particularly vulnerable children. In this regard, HIV and AIDS orphans are particularly vulnerable to the worst forms of labour, including becoming victims of trafficking and commercial sexual exploitation or being used in illicit activities and hazardous work. In this connection, effective and time bound measures tailored to the circumstances and needs of these children are essential in combating the worst forms of child labour. While the particular competent administration may differ, the Committee reminds the Government of the importance of including any measures taken to effectively implement the provisions of the Convention, including Article 7(2)(d), in its report. Considering the grave circumstances with which HIV/AIDS-affected children are faced, including the worst forms of child labour, the Committee requests the Government to provide detailed information concerning the specific measures taken to improve the situation of child orphans of HIV/AIDS in its next report.

Article 8. International cooperation. 1. Commercial sexual exploitation. In its previous comments, the Committee noted that the ILO–IPEC Regional Project against commercial sexual exploitation of children (CSEC) envisaged the strengthening of horizontal collaboration between countries participating in the project and that, in fact, such collaboration 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. Noting the absence of information on this point, the Committee again requests the Government to report on the measures it has taken to cooperate at the regional and international levels to eliminate the commercial sexual exploitation 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 with interest the conditional cash transfer programme “Solidaridad”, one of the programmes implementing the national strategy to reduce poverty (Social Protection Network), and 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 noted that the coverage of “Solidaridad” is projected to increase by 2020 and priority is to be given to the poorest families with children under 18 years of age at risk of being involved or involved in the worst forms of child labour.

The Committee welcomes the statistical information provided in the Government’s report, including the April 2014 “Solidaridad” programme, according to which 30,142 young persons have participated in the Progressing Values Movement, 16,117 young persons have participated in the Network for a Country Free from Child Abuse, and 52,350 young persons have benefitted from education assistance. The Committee further notes that, pursuant to the 2012–16 Strategic Plan, the “Solidaridad” programme aims to reduce child labour by 1,653,510 by 2016. The Committee requests the Government to continue to provide information on the results of the implementation of the “Solidaridad” programme, particularly in terms of the effective reduction of poverty among children removed from commercial sexual exploitation and from sale and trafficking for this purpose as well as street children.

Application of the Convention in practice. In its previous comments, the Committee noted that the Government’s statistics did not capture the extent and characteristics of the worst forms of child labour and that a second survey on child labour was to be undertaken by the National Statistical Office at the end of 2009.

The Committee notes the statistical information contained in the 2009 National Household Survey (ENHOGAR) of the National Statistical Office, which indicates that there are approximately 304,000 children aged five to 17 years engaged in child labour, representing 12 per cent of the child population. Of those children engaged in child labour, approximately 8 per cent, that is, 212,000, work in hazardous activities. The Committee also notes the Government’s statistical information concerning the number of labour infractions in 2011, including the 22 cases which concerned the protection of minors. While noting this information, the Committee is bound to repeat its earlier observation that the reported information fails to provide data specifically concerning the incidence of the worst forms of child labour in the country, including the commercial sexual exploitation of children. The Committee requests the Government to strengthen its efforts to ensure that statistics on the incidence of the worst forms of child labour, including the commercial sexual exploitation of children, are made available. In this regard, it requests the Government to provide 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.

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

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (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. Noting the absence of information in the Government’s report, the Committee once again requests it to indicate in its next report the age of minors covered by section 85(6) of Act No. 50 of 30 May 1988 respecting drugs and controlled substances.

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. The Committee once again requests the Government to provide information on the implementation of this Strategic National Plan in its next report.

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. The Committee requests the Government to provide information on the implementation of the Road Map and results achieved.

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). The Committee welcomes the measures taken by the Government with the assistance of ILO–IPEC and requests it to continue to take effective and time‑bound measures to prevent children from becoming engaged in the worst forms of child labour as well as to remove them from these worst forms of child labour and ensure their rehabilitation and social integration. It also requests the Government to provide information on results achieved in this regard.

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. The Committee requests the Government to provide information on the implementation of the educational plans and measures referred to above, particularly with regard to the number of children who have been enrolled in basic education or have followed pre‑vocational or vocational training as a way to prevent them from being involved in the worst forms of child labour, as well as 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.

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. Noting that no information is contained in the Government’s report on this point, the Committee once again requests the Government to provide information on the specific measures taken to improve the situation of child orphans of HIV/AIDS in its next report.

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. The Committee requests the Government to provide information on the number of children removed from the streets and given education pursuant to the implementation of the Policies for the protection of street children 2007–12 and the “Solidaridad” programme.

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. Noting that no information on this point is contained in the Government’s report, the Committee once again requests the Government to indicate in its next report 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 (2006–16), 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.

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. The Committee requests the Government to redouble its efforts to ensure that, in the context of the implementation of the Road Map, statistics on the incidence of the worst forms of child labour, including the commercial sexual exploitation of children, are made available. In this regard, it requests the Government to provide 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 and age. It finally requests the Government to supply a copy of the most recent survey on child labour carried out by the National Statistical Office, once it is finalized.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 3(a) and 7(1), of the Convention. Sale and trafficking of children for commercial sexual exploitation, and penalties. In its previous comments, the Committee noted the observations made by the International Trade Union Confederation (ITUC), to the effect that the trafficking of human beings, including children, for commercial sexual exploitation, was a serious problem in the Dominican Republic, particularly in the tourist industry. The ITUC added 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. 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.

The Committee expresses its concern at the persistence of the problem of trafficking of children for commercial sexual exploitation and forced labour in the country as well as at the limited anti-trafficking law enforcement efforts to address the issue. The Committee therefore urges the Government to redouble its efforts to strengthen the capacity of law enforcement agencies in order to ensure that persons who traffic in children for the purposes of sexual or labour exploitation are in practice prosecuted, and that sufficiently effective and dissuasive penalties are imposed. It also requests the Government to provide information on 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. To the extent possible, all information provided should be disaggregated by sex and age. It finally hopes that the review of the provisions of the Penal Code and of Act No. 137-03 on trafficking and commercial sexual exploitation will be completed in the very near future and requests the Government to provide information in this regard.

Article 6. Programmes of action. 1. Trafficking. National Plan against Trafficking. The Committee notes the Government’s information that the inter‑agency National Commission Against Trafficking elaborated the National Plan against Trafficking. It requests the Government to provide information on the programmes of action established in the context of the National Plan against Trafficking and the results achieved in terms of the elimination of the trafficking of children.

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. The Committee requests the Government to continue to take measures in the framework of the implementation of the National Plan against CSEC and to provide information on results achieved in terms of the elimination of the commercial sexual exploitation of children.

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. The Committee requests the Government to continue to take measures to prevent the engagement of children in commercial sexual exploitation and to provide information in this regard.

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. It requested the Government to provide information on the measures adopted for this purpose. As the country benefits from widespread tourist activity, the Committee also requested the Government to indicate whether measures have been taken to raise awareness among actors directly related to the tourist industry, such as associations of hotel owners, tourist operators, unions of taxi drivers and owners of bars, restaurants and their employees.

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. The Committee requests the Government to continue to take measures to raise awareness among actors directly related to the tourist industry and to provide information in this regard. It also asks the Government to provide information on the results of the 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. 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. The Committee requests the Government to continue to take measures 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 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.

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. The Committee requests the Government to continue to take measures to cooperate at the regional and international levels in order to eliminate the commercial sexual exploitation of children. It also requests it to provide information on further measures taken in this regard and results achieved.

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. The Committee requests the Government to provide information on the results of the implementation of the “Solidaridad” programme and the ILO–IPEC project Road Map, particularly in terms of the effective reduction of poverty among children removed from commercial sexual exploitation and from sale and trafficking for this purpose.

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

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

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.

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

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 (a). Slavery and similar practices. Sale and trafficking of children for commercial sexual exploitation. In its previous comments, the Committee noted the observations made by the International Confederation of Free Trade Unions, now the International Trade Union Confederation (ITUC), to the effect that the trafficking of human beings, including children, for commercial sexual exploitation is a serious problem in the Dominican Republic, particularly in the tourist industry. The ITUC added 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 remains very widespread. In this respect, the Government recognized the existence in the country of cases in which children are offered for prostitution and indicated that the national legislation, namely the Code for the protection of the rights of boys, girls and young persons of 2003, and Act No. 137‑03 of 7 August 2003 respecting the smuggling of migrants and the trafficking of persons (hereinafter Act No. 137-03 of 7 August 2003), prohibits the sale and trafficking of children for prostitution. The Committee also noted that, according to the study entitled “Commercial sexual exploitation of young persons in the Dominican Republic”, published in 2002 by ILO/IPEC, the children involved in the commercial sexual exploitation sector are aged between 10 and 17 years. It requested the Government to step up its efforts to secure the effective enforcement of the legislation protecting children against sale and trafficking for sexual exploitation, and particularly prostitution, and requested it to provide information on the application of penalties in practice.

The Committee noted the information provided by the Government. It also noted that, according to the information available to the Office, 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”, legislative measures should have been adopted to amend Act No. 137-03 of 7 August 2003 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 indicated that it considered that the adoption of new legislation is bound to improve the protection in relation to the trafficking of children, particularly for commercial sexual exploitation, already established by the legal provisions currently in force in the Dominican Republic. It once again hopes that the reforms will be adopted in the near future and requests the Government to provide information on any progress achieved in this respect. The Committee once again encourages the Government to step up its efforts to secure in practice the protection of young persons under 18 years of age against sale and trafficking for commercial sexual exploitation and requests it to continue providing information on the imposition of penalties in practice including, for example, reports on the number of convictions.

Article 6. Programmes of action. National Plan for the Elimination of the Abuse and Commercial Sexual Exploitation of Boys, Girls and Young Persons. With reference to 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. It noted the activities envisaged by the Plan to combat commercial sexual exploitation in the country. The Committee once again requests the Government to provide information on the programmes of action established in the context of the National Plan referred to above and the results achieved.

Article 7, paragraph 2. Effective and time-bound measures. 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 has undertaken to adopt measures as a priority in the context of the ILO/IPEC Time-bound Programme (TBP) on the worst forms of child labour. The Committee noted with interest 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”, over 870 children should have been removed from commercial sexual exploitation or trafficking and around 850 children at special risk of this worst form of child labour should have been prevented from being engaged therein. Furthermore, over 1,000 children should benefit directly from this project.

Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. TBP and ILO/IPEC regional project. Taking into account the information referred to above concerning the number of children who will be prevented from being engaged in commercial sexual exploitation or in trafficking for this purpose, the Committee once again requests the Government to provide information on the measures taken in the context of the TBP and the ILO/IPEC regional project to protect these children. It also once again requests the Government to provide statistical data on the number of children who will in practice be prevented from being engaged in this worst form of child labour as a result of the implementation of the TBP and the ILO/IPEC regional project in the Dominican Republic.

2. Other measures. The Committee noted that the ILO/IPEC regional project on the prevention and elimination of commercial sexual exploitation of children provides for the strengthening of national institutional capacities. The Committee considered that collaboration and the exchange of information between the various actors at the national and local levels concerned with the commercial sexual exploitation of children, such as government agencies, employers’ and workers’ organizations, non-governmental organizations and other civil society organizations, constitute indispensable measures to prevent and eliminate commercial sexual exploitation. The Committee once again requests the Government to provide information on the measures adopted for this purpose. As the country benefits from widespread tourist activity, the Committee also once again requests the Government to indicate whether measures have been taken to raise awareness among actors directly related to the tourist industry, such as associations of hotel owners, tourist operators, unions of taxi drivers and owners of bars, restaurants and their employees.

Clause (b). Assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. In its previous comments, the Committee requested the Government to provide information on the measures adopted to ensure the rehabilitation and social integration of children and the results achieved in removing children from commercial sexual exploitation or trafficking for this purpose as a result of the implementation of the TBP. It noted that the Government’s report does not contain any information on this subject. As the ILO/IPEC regional project envisages removing a greater number of children from this worst form of child labour, the Committee once again requests the Government to provide statistical data on the number of children who will in practice be removed from commercial sexual exploitation and trafficking for this purpose as a result of the implementation of the TBP and the ILO/IPEC regional project in the Dominican Republic. It 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 children removed from the worst forms of child labour.

Article 8. International cooperation. 1. Commercial sexual exploitation. The Committee noted that the ILO/IPEC regional project on the prevention and elimination of the commercial sexual exploitation of children envisages the strengthening of horizontal collaboration between countries participating in the project. The Committee indicated that it considered that international cooperation between law enforcement agencies, particularly the judicial authorities and police forces, is indispensable to prevent and eliminate commercial sexual exploitation, and particularly the sale and trafficking of children for that purpose, through the compilation and exchange of information and through assistance to identify and prosecute the individuals involved and repatriate the victims. The Committee therefore once again hopes that, in the context of the implementation of the ILO/IPEC regional project on the prevention and elimination of the commercial sexual exploitation of children, the Government will take measures to cooperate with participating countries, thereby reinforcing security measures as a means of bringing an end to this worst form of child labour. It once again requests the Government to provide information on this subject.

2. Poverty reduction. With reference to its previous comments, the Committee noted that both the Strategic National Plan for the Elimination of the Worst Forms of Child Labour (2005–15) and the National Plan to Eliminate the Abuse and Commercial Sexual Exploitation of Boys, Girls and Young Persons envisage strategic measures for the reduction of poverty in the country. The Committee 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 once again requests the Government to provide information on the results achieved as a result of the implementation of the two Plans referred to above, particularly in terms of the effective reduction of poverty among children removed from commercial sexual exploitation and from sale and trafficking for this purpose.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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 notes with interest the document on the process of formulating a Strategic National Plan on the Worst Forms of Child Labour. It notes 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 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 notes 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 notes 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. However, the Committee notes 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 notes 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 notes that the report does not contain statistics on the number of HIV/AIDS orphans, but emphasizes 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 notes 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 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 notes 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 notes that the Government has not provided any information on this point. It 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.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Slavery and similar practices. Sale and trafficking of children for commercial sexual exploitation. In its previous comments, the Committee noted the observations made by the ICFTU to the effect that the trafficking of human beings, including children, for commercial sexual exploitation is a serious problem in the Dominican Republic, particularly in the tourist industry. The ICFTU added 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 remains very widespread. In this respect, the Government recognized the existence in the country of cases in which children are offered for prostitution and indicated that the national legislation, namely the Code for the Protection of the Rights of Boys, Girls and Young Persons of 2003, and Act No. 137-03 of 7 August 2003 respecting the smuggling of migrants and the trafficking of persons [hereinafter, Act No. 137-03 of 7 August 2003], prohibits the sale and trafficking of children for prostitution. The Committee also noted that, according to the study entitled “Commercial sexual exploitation of young persons in the Dominican Republic”, published in 2002 by ILO/IPEC, the children involved in the commercial sexual exploitation sector are aged between 10 and 17 years. It requested the Government to step up its efforts to secure the effective enforcement of the legislation protecting children against sale and trafficking for sexual exploitation, and particularly prostitution, and requested it to provide information on the application of penalties in practice.

The Committee notes the information provided by the Government in its report. It also notes that, according to the information available to the Office, 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”, legislative measures will be adopted to amend Act No. 137-03 of 7 August 2003 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 considers that the adoption of new legislation is bound to improve the protection in relation to the trafficking of children, particularly for commercial sexual exploitation, already established by the legal provisions currently in force in the Dominican Republic. It hopes that the reforms will be adopted in the near future and requests the Government to provide information on any progress achieved in this respect. The Committee once again encourages the Government to step up its efforts to secure in practice the protection of young persons under 18 years of age against sale and trafficking for commercial sexual exploitation and requests it to continue providing information on the imposition of penalties in practice including, for example, reports on the number of convictions.

Article 6. Programmes of action. National Plan for the Elimination of the Abuse and Commercial Sexual Exploitation of Boys, Girls and Young Persons. With reference to its previous comments, the Committee notes with interest the National Plan for the Elimination of the Abuse and Commercial Sexual Exploitation of Boys, Girls and Young Persons. It notes the activities envisaged by the Plan to combat commercial sexual exploitation in the country. The Committee requests the Government to provide information on the programmes of action established in the context of the National Plan referred to above and the results achieved.

Article 7, paragraph 2. Effective and time-bound measures. 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 Time-bound Programme (TBP) on the worst forms of child labour. The Committee notes with interest 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”, over 870 children will be removed from commercial sexual exploitation or trafficking and around 850 children at special risk of this worst form of child labour will be prevented from being engaged therein. Furthermore, over 1,000 children will benefit directly from this project.

Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. TBP and ILO/IPEC regional project. Taking into account the information referred to above concerning the number of children who will be prevented from being engaged in commercial sexual exploitation or in trafficking for this purpose, the Committee once again requests the Government to provide information on the measures taken in the context of the TBP and the ILO/IPEC regional project to protect these children. It also once again requests the Government to provide statistical data on the number of children who will in practice be prevented from being engaged in this worst form of child labour as a result of the implementation of the TBP and the ILO/IPEC regional project in the Dominican Republic.

2. Other measures. The Committee notes that the ILO/IPEC regional project provides for the strengthening of national institutional capacities. The Committee considers that collaboration and the exchange of information between the various actors at the national and local levels concerned with the commercial sexual exploitation of children, such as government agencies, employers’ and workers’ organizations, non-governmental organizations and other civil society organizations, constitute indispensable measures to prevent and eliminate commercial sexual exploitation. It requests the Government to provide information on the measures adopted for this purpose. As the country benefits from widespread tourist activity, the Committee also requests the Government to indicate whether measures have been taken to raise awareness among actors directly related to the tourist industry, such as associations of hotel owners, tourist operators, unions of taxi drivers and owners of bars, restaurants and their employees.

Clause (b). Assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. In its previous comments, the Committee requested the Government to provide information on the measures adopted to ensure the rehabilitation and social integration of children and the results achieved in removing children from commercial sexual exploitation or trafficking for this purpose as a result of the implementation of the TBP. It notes that the Government’s report does not contain any information on this subject. As the ILO/IPEC regional project envisages removing a greater number of children from this worst form of child labour, the Committee once again requests the Government to provide statistical data on the number of children who will in practice be removed from commercial sexual exploitation and trafficking for this purpose as a result of the implementation of the TBP and the ILO/IPEC regional project in the Dominican Republic. It 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 children removed from the worst forms of child labour.

Article 8. International cooperation. 1. Commercial sexual exploitation. The Committee notes that the ILO/IPEC regional project on the prevention and elimination of the commercial sexual exploitation of children envisages the strengthening of horizontal collaboration between countries participating in the project. The Committee considers that international cooperation between law enforcement agencies, particularly the judicial authorities and police forces, is indispensable to prevent and eliminate commercial sexual exploitation, and particularly the sale and trafficking of children for that purpose, through the compilation and exchange of information and through assistance to identify and prosecute the individuals involved and repatriate the victims. The Committee therefore hopes that, in the context of the implementation of the ILO/IPEC regional project on the prevention and elimination of the commercial sexual exploitation of children, the Government will take measures to cooperate with participating countries, thereby reinforcing security measures as a means of bringing an end to this worst form of child labour. It requests the Government to provide information on this subject.

2. Poverty reduction. With reference to its previous comments, the Committee notes that both the Strategic National Plan for the Elimination of the Worst Forms of Child Labour (2005-15) and the National Plan to Eliminate the Abuse and Commercial Sexual Exploitation of Boys, Girls and Young Persons envisage strategic measures for the reduction of poverty in the country. The Committee also notes 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 requests the Government to provide information on the results achieved as a result of the implementation of the two Plans referred to above, particularly in terms of the effective reduction of poverty among children removed from commercial sexual exploitation and from sale and trafficking for this purpose.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first and second reports. It requests the Government to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Slavery, debt bondage, serfdom and forced or compulsory labour. The Committee notes that, under article 8 of the Constitution, the State is responsible for the protection of human rights and the maintenance of measures for their progressive improvement in compliance with individual freedom and social justice, compatible with public order, general welfare and the rights of all persons. For this purpose, freedom of work is guaranteed. It also notes that, under the terms of Principle II of the Labour Code, everyone is free to devote themselves to any occupation or trade, industry or commerce authorized by the law. No one may prevent any person from working, nor oblige any person to work against their will. Furthermore, section 25 of the Code for the Protection of the Rights of Boys, Girls and Young Persons of 2003 prohibits the sale of boys, girls and young persons. Under the terms of section 25(1) of the Code of 2003, the expression "sale of boys, girls and young persons" means any act or transaction through which a boy, girl or young person is transferred by an individual or group of individuals in exchange for payment or any other form of remuneration. For this purpose, the offering, transfer or receipt of a boy, girl or young person for the purposes of forced labour or any other occupation which is harmful to their personal integrity shall be penalized.

2. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that, under section 30 of Act No. 873 respecting the armed forces of the Dominican Republic, enlistment in the armed forces is voluntary in peace time and compulsory in time of war or serious troubles relating to public order. Under the terms of section 31 of Act No. 873, to be a member of the armed forces, it is necessary to be over 16 years of age and under 21 at the date of enrolment. The Committee requests the Government to provide information on the age from which a young person may be obliged or forced to enlist in the armed forces in time of war or in serious troubles relating to public order.

Clause (b). 1. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that section 25 of the Code for the Protection on the Rights of Boys, Girls and Young Persons of 2003 prohibits the use of boys, girls and young persons for pornographic purposes. Under section 25(3) of the Code of 2003, the expression "the use of boys, girls and young persons for pornographic purposes" means any representation, by any means whatsoever, of boys, girls and young persons engaged in explicit sexual activities, whether real or simulated, or any representation of the genitals of boys, girls and young persons for purposes that are principally sexual.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that under section 58(1) of Act No. 50 respecting drugs and controlled substances, of 30 May 1988, illegal trafficking is considered to be a grave offence. It also notes that sections 59 to 75 of Act No. 50 prohibit: the trafficking of drugs and controlled substances; the sale and transfer of controlled pharmaceutical products; the cultivation of hemp plantations without authorization; and the unlawful import, production or distribution of controlled substances or pharmaceutical products containing such substances. The Committee further notes that under section 85(6) of Act No. 50, the use of minors to commit the offence of the illegal trafficking of drugs or controlled substances is an aggravating circumstance in the determination of the penalty. The Committee notes that section 85(6) refers to the term "minor" without determining the age of the persons concerned by this provision. In this respect, the Committee reminds the Government that the prohibition set forth in Article 3(c) of the Convention, namely upon the use, procuring or offering of a child for illicit purposes, applies to all persons under 18 years of age. Furthermore, it notes that section 85(6) only covers illegal trafficking, while young persons under 18 years of age may be used, procured or offered for other activities, including the production and sale of drugs. The Committee therefore requests the Government to indicate the age of the minors covered by section 85(6) of Act No. 50 respecting drugs and controlled substances, of 30 May 1988. The Committee also requests the Government to indicate whether the national legislation contains other provisions prohibiting the use, procuring or offering of young persons under 18 years of age for illicit activities, in particular for the production and trafficking of drugs and controlled substances.

Articles 3(d) and 4, paragraph 1. Types of hazardous work and the determination of the types of hazardous work. The Committee notes with interest the adoption of resolution No. 52/2004 respecting hazardous and unhealthy types of work for persons under 18 years of age. Under the terms of section 1, the expression "hazardous and unhealthy types of work for persons under 18 years of age" means activities or tasks which, by their nature or the circumstances in which they are carried out, are likely to harm the physical and mental health and integral development, or which may cause the death of the boy, girl or young person. Types of work which, by virtue of the risk that they involve, require special skills and knowledge for their performance, are also covered by this definition. Furthermore, section 2 of resolution No. 52/2004 sets out an extensive list of the types of hazardous work and tasks prohibited for persons under 18 years of age.

Article 4, paragraph 2. Identification of where the types of hazardous work exist. Noting that the Government has not provided any information on this paragraph, the Committee requests it to indicate the measures adopted or envisaged to identify where the types of hazardous work so determined exist and to describe the results of these measures.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes that, under section 433 of the Labour Code, the labour inspection services are responsible for ensuring the application of national labour legislation, particularly in relation to the matters set out in section 423(6) of the Labour Code, namely the protection of minors in relation to labour. Under the terms of section 434(1) of the Labour Code, labour inspectors are authorized to enter freely and without notice workplaces in which violations of the national labour legislation may be identified. The Committee notes that, under section 42 of the Code on the Protection of Boys, Girls and Young Persons, the Secretariat of State for Labour is responsible for labour inspection in relation to young persons. Labour inspectors have to visit workplaces periodically to ascertain whether young persons work there and, if so, whether the standards relating to their protection are complied with. In this respect, labour inspectors have to ascertain work whether: (a) the labour legislation does not prohibit the performance of the work by young persons; (b) the work does not prevent regular school attendance; and (c) the working conditions do not jeopardize the physical and mental health of the young persons and that their rights are respected. The Committee requests the Government to provide information on the outcome of the inspections undertaken in relation to the worst forms of child labour, particularly through the provision of extracts of reports and documents. Furthermore, it requests the Government to indicate whether consultations have been held with the organizations of employers and workers.

Article 7, paragraph 1. Penalties. The Committee notes that, in accordance with a joint reading of section 44 of the Code on the Protection of the Rights of Boys, Girls and Young Persons and sections 720 and 721 of the Labour Code, any person found guilty of the commercial use, prostitution or forced or compulsory labour of boys, girls and young persons shall be liable to a serious penalty which  may be a fine of between seven and 12 minimum wages. With regard to types of hazardous work, the Committee notes that section 6 of resolution No. 52/2004 on types of hazardous and unhealthy work for persons under 18 years of age, refers to section 721 of the Labour Code, which establishes a fine of from seven to 12 minimum wages.

Paragraph 2. Effective and time-bound measures. The Committee notes with interest that the Government will participate in the ILO/IPEC Time-bound Programme (TBP) on the worst forms of child labour. According to the information available to the Office, the TBP will directly benefit around 2,600 working children under 18 years of age, and will benefit indirectly other young persons at risk under 18 years of age and around 1,424 families. The TBP will be focused on the following provinces: the capital, Duarte, La Vega, María Trinidad Sánchez, Mons. Nouel, Puerto Plata, Sanchez-Ramirez and Samaná. Furthermore, it covers three of the worst forms of child labour, for which the Government has to take priority measures, namely the commercial sexual exploitation of young persons, hazardous work in the urban informal economy and hazardous work in the agricultural sector.

Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Hazardous work. The Committee notes that the number of children considered to be at risk in the context of the TBP is as follows: 600 for types of hazardous work in the urban informal economy and 4,700 for types of hazardous work in the agricultural sector. The Committee requests the Government to provide information on the measures adopted in the context of the TBP for the protection of these young persons. It also requests the Government to provide statistical data on the number of young persons who are in practice prevented from being engaged in the worst forms of child labour as a result of the implementation of the TBP.

2. Strategic Plan for the development of education in the Dominican Republic (2003-12). The Committee notes that education is one of the Government’s priorities and that it has formulated a Strategic Plan for the development of education in the Dominican Republic (2003-12). It requests the Government to provide information on the impact of the Strategic Plan, particularly with regard to the enrolment of young persons withdrawn from the worst forms of child labour.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes that the total number of children engaged in types of hazardous work in the agricultural sector is estimated at 13,554, while the total number of young persons engaged in the types of hazardous work in the urban informal economy is unknown. The Committee notes that, of the 2,600 children targeted by the TBP, 300 are engaged in hazardous work in the urban informal economy and 2,100 are engaged in hazardous work in the agricultural sector. The Committee also notes that the TBP provides for economic alternatives for the families of children who are removed from the worst forms of child labour. Provision is also made for the rehabilitation and social integration of children removed from the activities concerned. The Committee requests the Government to provide information on the economic alternatives and on the measures adopted to ensure the rehabilitation and social integration of the young persons. It further requests the Government to provide statistics on the number of children who are in practice removed from their work in the context of the TBP.

Clause (c). Access to free basic education. Educational measures. With regard to the TBP, the Committee notes that educational measures are envisaged for the young persons who are removed from the worst forms of child labour concerned. Young persons from 5 to 14 years of age will be placed in primary schools, receive psycho-educational support and tutorial and educational assistance to help them succeed in their studies. The Committee requests the Government to provide information on the number of young persons who, after their removal from work, are in practice integrated into basic education or follow pre-vocational or vocational training.

Clause (d). Children at special risk. 1. HIV/AIDS. The Committee notes 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 the symptoms of AIDS in the Dominican Republic. The number of children orphaned as a result of HIV/AIDS is, however, unknown. In 2003, there were around 7,900 deaths. The Committee notes that the consequences of HIV/AIDS on orphans include the increased risk of them being engaged in the worst forms of child labour. The Committee therefore requests the Government to provide information on the specific measures taken to improve the situation of these children.

2. Street children. In its concluding observations on the initial report of the Dominican Republic in October 2001 (CRC/C/15/Add.150, paras. 45 and 46), the Committee on the Rights of the Child expressed concern at the large number of children living and/or working in the street. The Committee on the Rights of the Child recommended the Government to develop a comprehensive policy to address this issue, particularly in the following areas: rehabilitation services for victims of physical and sexual and substance abuse; services for reconciliation with families; and finally education, vocational training and life-skills training. The Committee on the Rights of the Child also recommended the Government to cooperate and coordinate its efforts with civil society in this regard and to provide existing non-governmental programmes with more support. The Committee of Experts considers that children living in the street are particularly exposed to the worst forms of child labour. It therefore requests the Government to provide information on the measures adopted or envisaged, particularly with regard to the protection of 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 requests the Government to indicate the manner in which it intends, in the context of the TBP, to accord special attention to the situation of girls and remove them from the worst forms of child labour.

Paragraph 3. Competent authority responsible for the implementation of the measures giving effect to the Convention. The Committee notes that Decree No. 144-97 of 24 March 1997 established the National Steering Committee against Child Labour. Under section 2 of Decree No. 144-97, the National Steering Committee is composed of the Secretary of State for Labour and representatives of the various Secretariats of State and of employers’ and workers’ organizations. Under section 3 of the Decree, the functions of the National Steering Committee against Child Labour include determining the nature of the activities and the areas in which the elimination of child labour has to be addressed and formulating projects to combat child labour. The Committee requests the Government to provide information on the activities of the National Steering Committee against Child Labour and to describe the methods by which it ensures the implementation of the provisions of the Convention.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that the Dominican Republic is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. According to the information available to the Office, the Government has formulated, in collaboration with the World Bank, a National Poverty Elimination Plan. Noting that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the impact of the National Poverty Elimination Plan on the elimination of the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that, according to the information available to the Office, a fairly high number of young persons engaged in the worst forms of child labour, as well as certain tourist regions, are not covered by the TBP. It requests the Government to indicate whether it intends to take measures to establish programmes to remove these children from their work and to extend the TBP to other regions. Furthermore, the Committee requests the Government to provide statistics 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, investigations, prosecutions, convictions and penal sanctions. To the extent possible, all information should be disaggregated by sex.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first and second reports. With reference to its previous observation, the Committee also notes the comments forwarded by the Government in reply to the matters raised in the communication of the International Confederation of Free Trade Unions (ICFTU), dated 30 September 2002.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes with interest that the Dominican Republic will participate in the ILO/IPEC Time-Bound Programme (TBP)on the worst forms of child labour. It also notes with interest that the Government has formulated a National Plan of Action for the elimination of the worst forms of child labour in the Dominican Republic. The Committee requests the Government to continue its efforts to secure the prohibition and elimination of the worst forms of child labour. The Committee also requests the Government to provide information on the implementation of the National Plan of Action referred to above and to provide a copy of it.

Article 3. Worst forms of child labour. Clause (a). Slavery and similar practices. Sale and trafficking of children for the purposes of prostitution. In its comments, the ICFTU indicates that the trafficking of human beings, including children, for prostitution is a serious problem in the Dominican Republic. The sex tourism industry involves a large number of children. The ICFTU adds 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 remains widespread.

The Committee notes the information provided by the Government that there are cases of children being offered for prostitution in the Dominican Republic. The Committee also notes the Government’s indication that the national legislation prohibits the sale and trafficking of children for prostitution. Section 25 of the Code for the Protection of the Rights of Boys, Girls and Young Persons, of 2003, prohibits the sale and prostitution of boys, girls and young persons. Under the terms of section 25(1) of the Code of 2003, the expression "the sale of boys, girls and young persons" means any act or transaction through which a boy, girl or young person is ceded by an individual or group of individuals in exchange for payment or any other form of remuneration. For this purpose, the offering, removal or receipt of a boy, girl or young person for the purposes of sexual exploitation, forced labour or any other occupation which is prejudicial to their personal integrity shall be penalized. Under the terms of section 25(2) of the Code of 2003, the expression "prostitution of boys, girls and young persons" means the use of these persons for sexual activities in exchange for a payment or any other form of remuneration. Furthermore, the Committee notes that, under the terms of section 3 of the Act No. 137-03 respecting the smuggling of migrants and the trafficking of persons, among other reasons for sexual exploitation, is prohibited, even with the consent of the victim. This provision also establishes sentences of imprisonment of from 15 to 20 years and a fine of 175 minimum wages. Moreover, sections 5 and 6 of Act No. 137-03 cover the attempted trafficking of persons and complicity in the trafficking of persons. The penalties established are the same as those to which those guilty of the trafficking of persons are liable. Under section 7(e) of Act No. 137-03, it is an aggravating circumstance if the victim of the trafficking of persons, attempted trafficking or complicity in the crime is under 18 years of age. In such cases, the sentence of imprisonment is increased by five years.

The Committee also notes that, according to the study entitled "Commercial sexual exploitation of young persons in the Dominican Republic", published in 2002 by ILO/IPEC, the children involved in the commercial sexual exploitation sector are aged between 10 and 17 years. The Committee further notes that, in its concluding observations on the initial report of the Dominican Republic in October 2001 (CRC/C/15/Add.150, paragraphs 47 and 48), the Committee on the Rights of the Child expressed concern at the absence of data and a comprehensive study on the issue of sexual commercial exploitation and the lack of implementation of the National Plan of Action to address this issue. It also expressed deep concern at the increase in the number of children in the Dominican Republic suffering from commercial sexual exploitation, apparently often related to sex tourism. The Committee on the Rights of the Child recommended the Government to undertake studies with a view to strengthening current policies, and measures, including care and rehabilitation policies, to prevent and combat the phenomenon. It also recommended the Government to take into account the recommendations formulated in the Agenda for Action adopted at the 1996 Stockholm World Congress against Commercial Sexual Exploitation of Children.

The Committee reminds the Government that, under the terms of Article 3(a) of the Convention, the sale and trafficking of children for sexual exploitation, including prostitution, are considered to be one of the worst forms of child labour, and that, in accordance with Article 1 of the Convention, each Member which ratifies it has to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. While the legislation is in conformity with the Convention on this point, the Committee notes that the sale and trafficking of young persons for the purposes of sexual exploitation is a problem in practice. The Committee requests the Government to renew its efforts to secure the effective application of the legislation on the protection of children against sale and trafficking for the purposes of sexual exploitation, including prostitution. The Committee further requests the Government to provide information on the application of sanctions in practice, including, for example, reports on the number of convictions.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that the Government has established the Inter-Institutional Commission against the Abuse and Commercial Sexual Exploitation of Boys, Girls and Young Persons. The Inter-Institutional Commission is composed of various institutions, including the National Council for Childhood and Adolescence, the Ministry of the Interior, the National Police, the Tourist Police, the General Directorate of Migration, UNICEF and the ILO. One of the functions of the Inter-Institutional Commission is to take action to combat and prevent the commercial sexual exploitation of boys, girls and young persons in the country. In 2002, the Inter-Institutional Commission formulated a Plan of Action on the abuse and commercial sexual exploitation of boys, girls and young persons in the Dominican Republic. The objectives of the Plan of Actionare to support the family as the fundamental core for the development of children; the strengthening of social responsibility and general awareness of the problem of the abuse and sexual exploitation of children; the improvement of national legislation, policies, programmes and basic and protection services; and the strengthening of the judicial system so as to improve the prosecution of persons engaged in the abuse of children or their sexual exploitation. The Committee requests the Government to provide information on the programmes of action established in the context of the above Plan of Actionand the results achieved.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes with interest that the ILO/IPEC Time-Bound Programme (TBP) on the worst forms of child labour will directly benefit around 2,600 young workers under 18 years of age, and will indirectly benefit other children at risk under 18 years of age and around 1,424 families. The TBP will focus on the following provinces: the capital, Duarte, La Vega, María Trinidad Sanchez, Mons. Nouel, Puerto Plata, Sanchez-Ramirez and Samaná. Furthermore, it concerns three of the worst forms of child labour in respect of which the Government has to take measures as a priority, namely the commercial sexual exploitation of children, hazardous work in the urban informal economy and hazardous work in agriculture.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes that, in the context of the TBP, 200 children are considered to be at risk of commercial sexual exploitation. The Committee requests the Government to provide information on the measures taken in the context of the TBP to protect these children. It also requests the Government to provide statistical data on the number of children who will in practice be prevented from being engaged in commercial sexual exploitation as a result of the implementation of the TBP.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes that the total number of children working in the commercial sexual exploitation sector is unknown. It also notes that, of the 2,600 children targeted by the TBP, 200 work in the commercial sexual exploitation sector. The Committee further notes that the TBP envisages economic alternatives for the families of children who are removed from the worst forms of child labour. Provision is made for rehabilitation and social integration of children removed from the activities concerned. The Committee requests the Government to provide information on economic alternatives and on the measures adopted to ensure the rehabilitation and social integration of children. It also requests the Government to provide statistical data on the number of children who are in practice removed from sexual exploitation in the context of the TBP.

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

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee takes note of the communication dated 30 September 2002 from the International Confederation of Free Trade Unions (ICFTU) containing comments on the observance of the Convention; a copy of these comments was transmitted to the Government on 25 November 2002 for any comments which it might wish to make on the questions raised.