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

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

The Committee notes the observations of the National Confederation of Trade Union Unity (CNUS), the National Confederation of Dominican Workers (CNTD) and the Autonomous Confederation of Workers’ Unions (CASC), received on 1 September 2021.

Article 2(3) of the Convention. Completion of compulsory schooling. With reference to its previous comments, the Committee notes that, according to the National Multipurpose Household Survey (ENHOGAR MICS 2019), the net school attendance rate of boys and girls of primary school age was 96.9 per cent in 2019 for urban areas and 95.3 per cent for rural areas, while the school attendance rate for boys and girls of the age to go to the first cycle of secondary school (12 to 14 years of age) was 81.8 per cent in urban areas and 74.4 per cent in rural areas, which is an increase from previous years (in 2016, the rate was 66.5 per cent for girls and 57.7 per cent for boys). The Committee notes with interest that Order No. 2-2016 of the Ministry of Education, referred to in the Government’s report, establishes measures to facilitate coordination between families, education establishments and the National Council for Children and Young Persons (CONANI) to follow up school attendance. In accordance with section 18 of the Order, on the third consecutive day of unjustified absence by a student, the respective teacher must inform the CONANI of the absence in writing, and the CONANI will be responsible for investigating the situation. The Committee also notes that the Government has been implementing various programmes to promote access to secondary education, including the “Te quiero en Secundaria” (You are wanted in secondary school), intended for young persons who have dropped out of secondary school, with a view to promoting their reintegration as students based on an analysis of the causes of them dropping out. The Committee encourages the Government to continue taking measures to ensure compulsory schooling for all boys and girls up to the age of 14 years (primary school and the first cycle of secondary education), and requests it to continue providing updated statistical information on school registration, attendance and drop-out rates.

Article 3(1) and (2). Hazardous types of work. The Committee notes the Government’s indication that it is engaged in updating the list of hazard types of work for children, and in improving follow-up and monitoring information systems and awareness raising for enterprises and workers. The Committee observes that, according to the ENHOGAR MICS 2019, the percentage of persons between the ages of 5 and 17 years working under hazardous conditions was 5.1 in urban areas (16,042) and 7.5 per cent in rural areas (5,906). The Committee recalls that, in accordance with Article 3(2) of the Convention, the types of employment or work considered to be hazardous shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee considers that these consultations could be held in the round table established in 2016 on matters relating to international labour standards. The Committee requests the Government to continue taking measures to prevent persons under 18 years of age from performing work considered to be hazardous and to report on progress in the adoption of the new list of hazardous types of work that is being prepared in consultation with the social partners. The Committee also requests the Government to indicate whether violations have been detected under Resolution No. 52/2004 on hazardous and unhealthy types of work prohibited for persons under 18 years of age and, if so, the penalties imposed.

Application of the Convention in practice and labour inspection. In reply to its previous comments, the Committee notes the Government’s indication that: (i) within the framework of the Roadmap to make the Dominican Republic a country free of child labour and the worst forms of child labour, round tables have been established to follow up the action to prevent and eradicate child labour, with the participation of the various institutions that are members of the National Steering Committee to Combat Child Labour; (ii) the Ministry of Labour has carried out awareness-raising campaigns on child labour for employers, workers, officials of the Ministry of Labour, actors in education and religious and community leaders; and (iii) plans are being made for the conclusion of an inter-institutional agreement between the Ministry of Labour and the Ministry of Education for the prevention and eradication of child labour.

However, the Committee also notes that, according to the ENHOGAR MICS 2019, the proportion of boys and girls between the ages of 5 and 17 years engaged in child labour was 3.8 per cent (4.6 per cent for boys and 3 per cent for girls), with the majority between the ages of 5 and 11 years. The Committee also notes the indication by the CNUS, CNTD and CASC that, although some action has been taken to contribute to addressing the issue of child labour, it is inadequate and would benefit from greater follow-up by the labour inspectorate and other social institutions. While noting the measures taken, the Committee requests the Government to take stronger action for the progressive and full elimination of child labour, including in the informal economy, and requests it to continue providing information on the measures adopted within the context of the Roadmap and their results. In this regard, the Committee requests the Government to report on the activities of the labour inspectorate in this connection (including information on the number and nature of the violations reported, the sectors concerned and the penalties imposed). Finally, it requests the Government to continue providing updated statistical data on the extent and trends of child labour in the country.

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

Article 5 of the Convention. Limitation of the scope of application of the Convention to certain branches of economic activity. The Committee previously recalled that, when it ratified the Convention, the Dominican Republic declared that it was initially limiting the scope of application of the Convention to the branches of economic activity and types of enterprises set out in Article 5(3) of the Convention, namely: mining and quarrying; manufacturing; construction; electricity; gas and water; sanitary services; transport, storage and communication; and plantations and other agricultural enterprises mainly producing for commercial purposes, but excluding family and small-scale holdings producing for local consumption and not regularly employing hired workers.

The Government indicates that on 2 August 2013 it ratified the Domestic Workers Convention, 2011 (No. 189). The Committee recalls that Article 5(4) of Convention No. 138 allows the Member to extend the scope of application of the Convention by a declaration addressed to the Director-General of the ILO. The Committee therefore invites the Government to address a declaration to the Director- General of the ILO to extend the scope of application of the Convention to include domestic work carried out by children.

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

Article 2(3) of the Convention. Age of completion of compulsory schooling. In its previous comments, the Committee noted the National Plan of Action 2012–16, which included among its priorities the improvement of the quality and access to basic education, and the reduction of the drop-out rate from secondary school. It also noted that during the period 2006–16 the net school attendance rate at primary school increased from 88 per cent for girls and 84 per cent for boys, to 91 per cent and 93.3 per cent respectively, and that the net school attendance rate at secondary school rose from 39 per cent for girls and 27 per cent for boys, to 66.5 per cent and 57.7 per cent respectively.

The Committee notes the Government’s indication in its report that 4 per cent of GDP is allocated to education. The Government adds that Decree No. 546-12 aims to eliminate illiteracy among 938,000 people within two years. The Committee also notes the Government’s indication that 25,000 new classrooms and 3,776 educational centres will be created over the next two years, for the benefit of over 1,008,417 students. The Government also refers to the Ten-year Education Plan 2008–18, the objective of which is to improve the supply of education and increase school attendance. Policy No. 7 of the Plan aims to promote education for all, by providing assistance to students from underprivileged environments, including through the provision of school meals, uniforms, backpacks and other school supplies. While noting the substantial increase of net school attendance at the secondary level, as well as of the Ten-year Education Plan 2008–18, the Committee observes the major disparities that persist in secondary school attendance in relation to the rate for primary school. It therefore requests the Government to reinforce the efforts made for the effective implementation of the Ten-year Education Plan 2008–18 so that all children complete compulsory education, including secondary education, that is, until at least the age of 14 years.

Article 3(3). Authorization to employ children in work considered to be hazardous from the age of 16 years. The Committee previously noted that section 251 of the Labour Code, which prohibits minors under 16 years of age from carrying out hazardous or unhealthy types of work, is too vague, as it establishes neither the conditions under which minors over 16 years of age may be engaged in work considered to be hazardous, nor the rules for their protection and training, as required by Article 3(3) of the Convention.

The Government refers to Resolution No. 52/2004 on hazardous and unhealthy types of work prohibited for persons under 18 years of age. Paragraph 1 of the Resolution establishes the principle of the general prohibition of hazardous types of work for all young persons under 18 years of age, and paragraph 2 draws up a detailed list of the prohibited types of work and tasks. The Committee notes with interest that paragraph 3 of the Resolution authorizes young persons aged 16 and 17 years to engage in certain types of work prohibited in paragraph 2, on condition that: (i) the work is indispensable for learning in the context of a vocational training course; and (ii) the safety and health of the young person are guaranteed and the work is carried out under the supervision and control of a competent person working for the training centre. The Committee requests the Government to provide information on the implementation in practice to Resolution No. 52/2004 on hazardous and unhealthy types of work prohibited for persons under 18 years of age, including statistical data on the number and nature of the violations reported and the penalties imposed.

Application of the Convention in practice. The Committee previously noted that the sectors of economic activity most affected by child labour are services in urban areas and agriculture in rural areas and that there appear to be difficulties in the implementation of the legislation on child labour, with the result that child labour continues to be a problem in practice in the country. It noted that, within the framework of the ILO–IPEC Time-bound Programme (TBP) on the worst forms of child labour, the Government had implemented several programmes of action for the elimination of child labour in the agricultural sector and in services in urban areas, and had adopted a National Strategic Plan (PEN) for the elimination of the worst forms of child labour (2006–16), with the objective of ensuring the protection of the fundamental rights of children and young persons by 2016 and eliminating child labour by 2020. The Plan included the objective of the integration of 200,000 new low-income families into the “Progress with Solidarity” programme, for which the requirement for access for families is that children do not work. The Government also reported the Roadmap to make the Dominican Republic a country free of child labour, and particularly the worst forms of child labour, as an initiative to reinforce the objectives of the National Strategic Plan to eradicate child labour by 2020.

The Committee however noted that nearly 304,000 children between the ages of 5 and 17 years were engaged in work (12 per cent of this age group) and that, of these, 212,000 (or 8 per cent of the same age group) were engaged in work considered to be hazardous.

The Committee notes the Government’s indication that it has developed alliances with churches, municipal authorities, local governments and non governmental organizations to more effectively combat child labour in all its forms. The Government adds that labour inspections take into account the prohibition of employing young persons under 18 years of age in hazardous types of work. The Committee notes that the Government refers once again to the PEN and to the Roadmap, but does not provide detailed information on their implementation or the results achieved. It also notes that the National Household Survey (ENHOGAR) 2009–10 has not updated the statistical information available on the situation with regard to work by children and young persons in the country. The Committee also notes that the Committee on the Rights of the Child, in its concluding observations in March 2015, expressed concern at the high prevalence of child labour in the country and at the insufficient measures taken to address child domestic labour (CRC/C/DOM/CO/3-5, paragraph 65). The Committee requests the Government to intensify its efforts to ensure the effective implementation of the PEN and of the Roadmap and requests it to provide detailed information on the results achieved in the elimination of child labour by 2020. The Committee once again requests the Government to provide information on the manner in which the Convention is applied in practice, including statistical data on the employment of children and young persons compiled through the ENHOGAR, relevant extracts from the reports of the inspection services and, finally, data on the number and nature of the violations detected involving children and young persons.

The Committee is raising another matter in a request addressed directly to the Government.

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

Article 2(1) and (4) of the Convention and Part V of the report form. Minimum age for admission to employment or work and application of the Convention in practice. The Committee recalls its previous comment which noted that the sectors of economic activity most affected by child labour were services in urban areas and agriculture in rural areas and that, according to recent statistics, the application of the legislation on child labour seemed difficult and that child labour constituted a problem in practice in the country. It further noted that in the context of the ILO–IPEC Time-bound Programme (TBP) on the worst forms of child labour, the Government had implemented several programmes of action in the agricultural and urban sectors to eliminate child domestic labour and had adopted the 2006–16 National Strategic Plan for the Elimination of the Worst Forms of Child Labour (PEN).

The Committee notes the information provided in the Government’s latest report that the PEN aims to ensure the protection of fundamental rights to children and young persons by 2016 and to eliminate child labour by 2020. It further aims to incorporate 200,000 new low-income families into its Progressing with Solidarity programme, which is conditioned upon, among other things, the absence of child labour. The Government further refers to the Roadmap to Make the Dominican Republic a Country Free from Child Labour and its Worst Forms (hereafter, the Roadmap), which reinforces the aim of the PEN to eradicate child labour by 2020.

While noting the Government’s measures to eradicate child labour in the country, the Committee further notes the statistical information contained in its report, based on the 2009–10 National Household Survey (ENHOGAR), according to which there were approximately 304,000 children aged 5 to 17 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 worked in hazardous activities. The Committee accordingly requests the Government to continue to strengthen its efforts to combat child labour and to provide information on the impact of the PEN and the Roadmap in this regard. The Committee also requests the Government to provide information on the manner in which the Convention is applied in practice, including statistical data on the employment of children and young persons that is gathered by the ENHOGAR, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.

Article 2(3). Age of completion of compulsory schooling. In its previous comment, the Committee noted that the net rate of school attendance at the primary level is relatively high, but expressed concern with the low net rate of school attendance at the secondary level, and at the fact that the rate of repetition at the primary level had increased.

The Committee notes the Government’s reference to Decree 546-12 initiating the National Literacy Plan that aims to eliminate illiteracy for 727,000 nationals in two years. In this respect, the Committee notes the 2012–16 National Plan of Action, which identifies among its priorities the improvement of quality and access to basic education, the improvement of the learning process in primary and secondary education, and decreasing the rate of drop outs in secondary school. The Committee further notes the UNICEF statistics, according to which, from 2006–12, the net school attendance rate at primary level increased from 88 per cent for girls and 84 per cent for boys to 91 per cent for girls and 93.3 per cent for boys, and the net school attendance at secondary level increased from 39 per cent for girls and 27 per cent for boys to 66.5 per cent for girls and 57.7 per cent for boys. While welcoming the progress made in increasing net school attendance, the Committee notes the continued disparity between the attendance rate in primary school and secondary schools in the country, and therefore requests the Government to continue to strengthen its efforts to enable children to attend compulsory basic education through secondary school, at least until the age of 14. The Committee further requests the Government to provide information on the measures taken and any results achieved in this respect.

Article 3(3). Authorization to employ children in hazardous work from the age of 16 years. The Committee recalls its previous comment, which noted that section 251 of the Labour Code, which forbids minors under 16 years of age from performing hazardous or unhealthy work, is vague and establishes neither the conditions under which minors over 16 years of age may perform hazardous work nor the requirements for their protection and training as required under Article 3(3) of the Convention. It also recalls the Government’s indication that a proposal to amend section 251 of the Labour Code was to be submitted to the social partners for discussion.

The Committee notes the Government’s statement that a Committee of experts has been set up to discuss amendments to the Labour Code with representatives of workers and employers. The Government indicates that the proposal to modify section 251 will be included in the discussions. Moreover, the Committee notes that the PEN, pursuant to its Proposal 2, aims to align national laws, including the Labour Code, with international standards. The Committee requests the Government to keep it informed on the examination of the Labour Code, including in particular any amendments, either undertaken or envisaged, to bring section 251 into conformity with Article 3(3) of the Convention concerning hazardous work for young persons of 16 to 18 years of age.

Article 5. Limitation of the scope of application of the Convention to certain branches of economic activity. The Committee recalls the Government’s indication in its 2008 report that a labour advisory council would consult with the social partners to consider the possibility of extending the scope of the Convention to other branches of economic activity, in particular to domestic workers. The Committee notes the Government’s statement in its latest report, however, that it had not made any limitations on the application of the Convention. The Committee reminds the Government, in this respect, that when ratifying the Convention, the Dominican Republic declared that it was initially limiting the scope of application of the Convention to the branches of economic activity and types of enterprises set out in Article 5(3) of the Convention, namely: mining and quarrying; manufacturing; construction; electricity, gas and water; sanitary services; transport, storage and communication; and plantations and other agricultural enterprises mainly producing for commercial purposes, but excluding family and small-scale holdings producing for local consumption and not regularly employing hired workers. The Committee once again requests the Government to provide new information concerning any measures taken or envisaged to extend the scope of the Convention to include domestic work by children.

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

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 2(2) of the Convention. Raising the minimum age for admission to employment or work. With reference to its previous comments, the Committee notes the Government’s indication that it is impossible for the time being to raise the minimum age for admission to work. 

Article 2(3). Age of completion of compulsory schooling. The Committee notes that, according to UNICEF statistics from 2006, the net school attendance rate at primary level is 88 per cent for girls and 84 per cent for boys, and at secondary level 39 per cent for girls and 27 per cent for boys. It also notes that, according to the information contained in the Education For All Global Monitoring Report entitled Education For All by 2015: Will we make it?, published by UNESCO in 2008, the goals on Education For All and gender parity, in both primary and secondary education, will not be achieved by 2015. Furthermore, the repetition rate, particularly in primary schools, has increased. However, the Committee notes that, according to the information contained in the UNESCO report, the Government has adopted an action plan on education.

While noting that the net rate of school attendance at the primary level is relatively high, the Committee expresses concern at the low net rate of school attendance at the secondary level and at the fact that the rate of repetition at the primary level has increased. The Committee also expresses concern at the fact that the country will not achieve the goals on Education For All and gender parity by 2015. It points out that poverty is one of the prime causes of child labour and when it combines with a deficient education system, it hampers children’s development. Considering that compulsory education is one of the most effective ways of combating child labour, the Committee urges the Government to step up efforts to improve the operation of the education system in the country and to take measures to enable children to attend compulsory basic education or be integrated into an informal school system. In this regard, it requests the Government to provide information on the measures taken, in particular in the context of the action plan on education, to increase the rate of school attendance, in particular at the secondary level, prevent children below 14 years of age from working, improve gender parity and reduce the repetition rate among pupils at the primary level. The Committee requests the Government to provide information on the results achieved.

Article 3(3). Authorization to employ children in hazardous work from the age of 16 years. The Committee previously noted that, under the terms of section 3 of Resolution No. 52/2004 on work which is hazardous and unhealthy for persons under 18 years of age (Resolution No. 52/2004), minors aged from 16 to 18 years may be employed in some of the jobs contained in the list of hazardous and unhealthy types of work prohibited for persons under 18 years of age. It also noted that section 6 of Resolution No. 52/2004 establishes conditions for the employment of minors aged between 16 and 18 years which are consistent with Article 3(3) of the Convention. However, the Committee noted that section 251 of the Labour Code forbids minors under 16 years of age from performing hazardous or unhealthy work. It observed that this provision of the Labour Code is vague and establishes neither the conditions under which minors over 16 years of age may perform hazardous work nor the requirements for their protection and training. In this regard, the Government indicated that a proposal to amend section 251 of the Labour Code was to be submitted to the social partners for discussion. The Committee requested the Government to provide information on any developments in this regard.

The Committee notes that the Government’s report does not contain any information on this matter. It reminds the Government that Article 3(3) of the Convention permits employment or work in hazardous work from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instructions or vocational training in the relevant branch of activity. The Committee expresses the firm hope that discussions on the amendment of section 251 of the Labour Code will take place and that, in the context of those discussions, the comments mentioned above will be taken into account in order to bring this provision into conformity with the Convention on this matter. It requests the Government to provide information on any developments in this regard.

Article 5. Limitation of the scope of application of the Convention to certain branches of economic activity. In its previous comments, the Committee noted the efforts made by the Government, in collaboration with the ILO–IPEC, in relation to domestic work by children and encouraged it to envisage extending the scope of the Convention to include this type of work. The Committee notes once again the Government’s indication that it will convene the Labour Advisory Council in order to submit to the social partners the possibility of extending the scope of the Convention to other branches of economic activity. The Committee once again requests the Government to indicate whether discussions have been held on this matter and, if so, to provide information on the resulting recommendations and conclusions.

Article 9(3). Employers’ registers. The Committee previously noted that neither the Labour Code nor its implementing regulations contain any provisions on employers’ registers. In this regard, the Government indicated that the Labour Department of the Secretariat of State for Labour has control over registers of working minors. Noting that the Government does not provide any new information in its report, the Committee once again requests it to provide a copy of the register kept by the Labour Department of the Secretariat of State for Labour.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows:

Article 2(1) and (4) of the Convention and Part V of the report form. Minimum age for admission to employment or work and application of the Convention in practice. In its previous comments, the Committee noted the comments made by the International Confederation of Free Trade Unions, now the International Trade Union Confederation (ITUC), according to which child labour is a major problem in the Dominican Republic. Owing to high unemployment and poverty, particularly among the Haitian community, children enter the labour market at a young age and work in the informal economy or in agriculture. Moreover, the number of Haitian children working in sugar plantations alongside their parents is increasing. In reply to the ITUC’s observations, the Government indicated that the Dominican Republic is a very poor country and that it could not deny that children enter the labour market at a very young age. However, with the technical assistance of the ILO–IPEC, it is taking measures to eliminate child labour, for example to remove children who are working in the agricultural sector. The Government also indicated that all children, irrespective of their nationality and including children of Haitian nationality, have to attend school. Furthermore, the Secretariat of State for Labour, in collaboration with the Secretariat of State for Education (SEE), has formulated a plan of action under which labour inspectors who identify children not attending school have to inform the SEE, irrespective of their nationality.

The Committee noted that, according to the statistics contained in the Report on the results of the national study on child labour in the Dominican Republic, published in 2004 by the ILO–IPEC, SIMPOC and the Secretariat of State for Labour, around 436,000 children aged between five and 17 years, were working in the Dominican Republic in 2000. Of these, 21 per cent were aged between five and nine years and 44 per cent were between ten and 14. The Committee noted that the sectors of economic activity most affected by child labour were services in urban areas and agriculture in rural areas. Furthermore, there were also many children working in the commercial and industrial sectors. The Committee noted that, in the context of the ILO–IPEC Time-bound Programme (TBP) on the worst forms of child labour, the Government has implemented several programmes of action in the agricultural and urban sectors to eliminate child domestic labour. According to the information available to the Office, these programmes should benefit around 25,200 boys and girls under 18 years of age and over 2,850 families. The Committee noted the adoption of the National Strategic Plan for the Elimination of the Worst Forms of Child Labour (2006–16), which is the country’s response to resolving the problem of child labour.

The Committee notes the Government’s indication that, in collaboration with the ILO–IPEC, it continues to take steps to eliminate child labour, in particular to remove children from agricultural plantations. Furthermore, an ongoing awareness-raising campaign on the radio and television has been launched in the country’s towns. The Committee also notes that the Government is participating in the
ILO–IPEC project entitled “Elimination of child labour in Latin America (Central American component)”. It also notes the adoption of a Decent Work Country Programme (2008–11) and that it takes into account child labour. Furthermore, it notes that the TBP is still in progress in the country.

The Committee notes that, according to the statistics mentioned above, the application of the legislation on child labour seems difficult and that child labour constitutes a problem in practice in the country. It expresses its deep concern at the situation of children under the age of 14 years who are compelled to work in the Dominican Republic. The Committee firmly requests the Government to step up efforts to abolish child labour in the country. In this regard, it requests the Government to provide information on the measures taken within the framework of the National Strategic Plan for the Elimination of the Worst Forms of Child Labour (2006–16), the ILO–IPEC project on the elimination of child labour in Latin America, the Decent Work Country Programme (2008–11) and the TBP, in particular on the programmes of action which will be implemented to gradually abolish child labour. The Committee requests the Government to provide information on the results achieved. It also invites the Government to provide information on the application of the Convention in practice, including, for example, statistical data on the employment of children and adolescents, extracts from the reports of the inspection services, particularly inspections carried out in the sectors mentioned above.

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

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

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

Article 2, paragraph 2, of the Convention. Raising the minimum age for admission to employment or work. With reference to its previous comments, the Committee notes the Government’s indication that it is impossible for the time being to raise the minimum age for admission to work.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that, according to UNICEF statistics from 2006, the net school attendance rate at primary level is 88 per cent for girls and 84 per cent for boys, and at secondary level 39 per cent for girls and 27 per cent for boys. It also notes that, according to the information contained in the Education For All Global Monitoring Report entitled Education For All by 2015: Will we make it?, published by UNESCO in 2008, the goals on Education For All and gender parity, in both primary and secondary education, will not be achieved by 2015. Furthermore, the repetition rate, particularly in primary schools, has increased. However, the Committee notes that, according to the information contained in the UNESCO report, the Government has adopted an action plan on education.

While noting that the net rate of school attendance at the primary level is relatively high, the Committee expresses concern at the low net rate of school attendance at the secondary level and at the fact that the rate of repetition at the primary level has increased. The Committee also expresses concern at the fact that the country will not achieve the goals on Education For All and gender parity by 2015. It points out that poverty is one of the prime causes of child labour and when it combines with a deficient education system, it hampers children’s development. Considering that compulsory education is one of the most effective ways of combating child labour, the Committee urges the Government to step up efforts to improve the operation of the education system in the country and to take measures to enable children to attend compulsory basic education or be integrated into an informal school system. In this regard, it requests the Government to provide information on the measures taken, in particular in the context of the action plan on education, to increase the rate of school attendance, in particular at the secondary level, prevent children below 14 years of age from working, improve gender parity and reduce the repetition rate among pupils at the primary level. The Committee requests the Government to provide information on the results achieved.

Article 3, paragraph 3. Authorization to employ children in hazardous work from the age of 16 years. The Committee previously noted that, under the terms of section 3 of Resolution No. 52/2004 on work which is hazardous and unhealthy for persons under 18 years of age (Resolution No. 52/2004), minors aged from 16 to 18 years may be employed in some of the jobs contained in the list of hazardous and unhealthy types of work prohibited for persons under 18 years of age. It also noted that section 6 of Resolution No. 52/2004 establishes conditions for the employment of minors aged between 16 and 18 years which are consistent with Article 3, paragraph 3, of the Convention. However, the Committee noted that section 251 of the Labour Code forbids minors under 16 years of age from performing hazardous or unhealthy work. It observed that this provision of the Labour Code is vague and establishes neither the conditions under which minors over 16 years of age may perform hazardous work nor the requirements for their protection and training. In this regard, the Government indicated that a proposal to amend section 251 of the Labour Code was to be submitted to the social partners for discussion. The Committee requested the Government to provide information on any developments in this regard.

The Committee notes that the Government’s report does not contain any information on this matter. It reminds the Government that Article 3, paragraph 3, of the Convention permits employment or work in hazardous work from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instructions or vocational training in the relevant branch of activity. The Committee expresses the firm hope that discussions on the amendment of section 251 of the Labour Code will take place and that, in the context of those discussions, the comments mentioned above will be taken into account in order to bring this provision into conformity with the Convention on this matter. It requests the Government to provide information on any developments in this regard.

Article 5. Limitation of the scope of application of the Convention to certain branches of economic activity. In its previous comments, the Committee noted the efforts made by the Government, in collaboration with the ILO/IPEC, in relation to domestic work by children and encouraged it to envisage extending the scope of the Convention to include this type of work. The Committee notes once again the Government’s indication that it will convene the Labour Advisory Council in order to submit to the social partners the possibility of extending the scope of the Convention to other branches of economic activity. The Committee once again requests the Government to indicate whether discussions have been held on this matter and, if so, to provide information on the resulting recommendations and conclusions.

Article 9, paragraph 3. Employers’ registers. The Committee previously noted that neither the Labour Code nor its implementing regulations contain any provisions on employers’ registers. In this regard, the Government indicated that the Labour Department of the Secretariat of State for Labour has control over registers of working minors. Noting that the Government does not provide any new information in its report, the Committee once again requests it to provide a copy of the register kept by the Labour Department of the Secretariat of State for Labour.

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

Article 2, paragraphs 1 and 4, of the Convention and Part V of the report form. Minimum age for admission to employment or work and application of the Convention in practice. In its previous comments, the Committee noted the comments made by the International Confederation of Free Trade Unions, now the International Trade Union Confederation (ITUC), according to which child labour is a major problem in the Dominican Republic. Owing to high unemployment and poverty, particularly among the Haitian community, children enter the labour market at a young age and work in the informal economy or in agriculture. Moreover, the number of Haitian children working in sugar plantations alongside their parents is increasing. In reply to the ITUC’s observations, the Government indicated that the Dominican Republic is a very poor country and that it could not deny that children enter the labour market at a very young age. However, with the technical assistance of the ILO–IPEC, it is taking measures to eliminate child labour, for example to remove children who are working in the agricultural sector. The Government also indicated that all children, irrespective of their nationality and including children of Haitian nationality, have to attend school. Furthermore, the Secretariat of State for Labour, in collaboration with the Secretariat of State for Education (SEE), has formulated a plan of action under which labour inspectors who identify children not attending school have to inform the SEE, irrespective of their nationality.

The Committee noted that, according to the statistics contained in the Report on the results of the national study on child labour in the Dominican Republic, published in 2004 by the ILO–IPEC, SIMPOC and the Secretariat of State for Labour, around 436,000 children aged between five and 17 years, were working in the Dominican Republic in 2000. Of these, 21 per cent were aged between five and nine years and 44 per cent were between ten and 14. The Committee noted that the sectors of economic activity most affected by child labour were services in urban areas and agriculture in rural areas. Furthermore, there were also many children working in the commercial and industrial sectors. The Committee noted that, in the context of the ILO–IPEC Time-bound Programme (TBP) on the worst forms of child labour, the Government has implemented several programmes of action in the agricultural and urban sectors to eliminate child domestic labour. According to the information available to the Office, these programmes should benefit around 25,200 boys and girls under 18 years of age and over 2,850 families. The Committee noted the adoption of the National Strategic Plan for the Elimination of the Worst Forms of Child Labour (2006–16), which is the country’s response to resolving the problem of child labour.

The Committee notes the Government’s indication that, in collaboration with the ILO–IPEC, it continues to take steps to eliminate child labour, in particular to remove children from agricultural plantations. Furthermore, an ongoing awareness-raising campaign on the radio and television has been launched in the country’s towns. The Committee also notes that the Government is participating in the ILO–IPEC project entitled “Elimination of Child Labour in Latin America (Central American Component)”. It also notes the adoption of a Decent Work Country Programme (2008–11) and that it takes into account child labour. Furthermore, it notes that the TBP is still in progress in the country.

The Committee notes that, according to the statistics mentioned above, the application of the legislation on child labour seems difficult and that child labour constitutes a problem in practice in the country. It expresses its deep concern at the situation of children under the age of 14 years who are compelled to work in the Dominican Republic. The Committee firmly requests the Government to step up efforts to abolish child labour in the country. In this regard, it requests the Government to provide information on the measures taken within the framework of the National Strategic Plan for the Elimination of the Worst Forms of Child Labour (2006–16), the ILO–IPEC project on the elimination of child labour in Latin America, the Decent Work Country Programme (2008–11) and the TBP, in particular on the programmes of action which will be implemented to gradually abolish child labour. The Committee requests the Government to provide information on the results achieved. It also invites the Government to provide information on the application of the Convention in practice, including, for example, statistical data on the employment of children and adolescents, extracts from the reports of the inspection services, particularly inspections carried out in the sectors mentioned above.

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

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

Article 2, paragraph 2, of the Convention. Raising the minimum age for admission to employment or work. With reference to its previous comments, the Committee notes the Government’s indication that the Secretariat of State for Labour (SET) has approved a recommendation by a consultant to raise the minimum age for admission to employment or work and that this recommendation will be submitted to the Advisory Labour Council. The Committee requests the Government to provide information on any new development in this respect.

Article 3, paragraph 3. Authorization to employ children in hazardous work from the age of 16 years. In its previous comments, the Committee noted that, under the terms of section 3 of resolution No. 52/2004 on work which is hazardous and unhealthy for persons under 18 years of age, minors aged from 16 to 18 years may be employed in some of the jobs contained in the list of hazardous and unhealthy types of work prohibited for persons under 18 years of age. It also noted that section 6 of resolution No. 52/2004 establishes conditions for the employment of minors aged between 16 and 18 years which are consistent with Article 3, paragraph 3, of the Convention. However, the Committee noted that section 251 of the Labour Code forbids minors under 16 years of age from performing hazardous or unhealthy work. It observed that section 251 of the Labour Code is vague and establishes neither the conditions under which minors over 16 years of age may perform hazardous work nor the requirements for their protection and previous training. It requested the Government to take the necessary steps to ensure that the performance of hazardous work by young persons aged between 16 and 18 years, as provided for in section 251 of the Labour Code, is only authorized as prescribed by the provisions of Article 3, paragraph 3, of the Convention.

The Committee notes the information provided by the Government according to which a proposal to amend section 251 will be submitted to the social partners for discussion. It reminds the Government that Article 3, paragraph 3, of the Convention authorizes, under strict conditions of protection and prior training, the employment or work of young persons between the ages of 16 and 18 years. The Committee hopes that the above comments will be taken into account in the discussions held concerning the amendment of section 251 of the Labour Code and requests the Government to provide information on any new development in this respect.

Article 5. Limitation of the scope of application of the Convention to certain branches of economic activity. In its previous comments, the Committee noted the efforts made by the Government, in collaboration with ILO/IPEC, in relation to domestic work by children and encouraged it to envisage extending the scope of the Convention to include domestic work by children. In this respect, the Government indicated that, in collaboration with the social partners, the Labour Advisory Council was due to examine the possibility of extending the scope of application of the Convention to other branches of economic activity. Noting the absence of information in the Government’s report on this matter, the Committee once again requests it to indicate whether discussions have been held on this matter and, if so, to provide information on the resulting recommendations and conclusions.

Article 9. Employer’s register. In its previous comments, the Committee noted that neither the Labour Code nor its implementing regulations contain any provisions on employers’ registers. It noted the Government’s indication that the Labour Department of the Secretariat of State for Labour has control over registers of working minors. The Committee notes that the Government has not provided any information on this matter. It therefore once again requests it to provide a copy of the register kept by the Labour Department of the Secretariat of State for Labour.

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

Article 2, paragraphs 1 and 4, of the Convention and Part V of the report form. Minimum age for admission to employment or work and application in practice. In its previous comments, the Committee noted the ICFTU’s indications that child labour is a major problem in the Dominican Republic. Owing to high unemployment and poverty, particularly among the Haitian community, children enter the labour market at a young age and work in the informal economy or in agriculture. Moreover, the number of Haitian children working on sugar plantations alongside their parents is increasing.

In reply to the ICFTU’s observations, the Government indicated that the Dominican Republic is a very poor country and that it could not deny that children enter the labour market at a very young age. However, with the technical assistance of ILO/IPEC, it was continuing to take measures to eliminate child labour. For example, children working in the agricultural sector had been removed from their work and awareness-raising campaigns for the population concerning the problem of child labour had been organized. The Committee noted that, according to the statistics contained in the “Report on the results of the national study on child labour in the Dominican Republic”, published in 2004 by ILO/IPEC, SIMPOC and the Secretariat of State for Labour, around 436,000 children aged between 5 and 17 years were working in the Dominican Republic in 2000. Of these, 21 per cent were aged between 5 and 9 years and 44 per cent were between the ages of 10 and 14. The sectors of economic activity most affected by child labour were services in urban areas and agriculture in rural areas. Furthermore, there were also many children working in the commercial and industrial sectors. The Committee noted that, according to the above statistics, the legislation on child labour appeared difficult to apply and child labour constitutes a problem in practice in the Dominican Republic. It expressed its deep concern at the situation of children under the age of 14 years who are compelled to work in the Dominican Republic, and strongly encouraged the Government to step up its efforts to gradually improve the situation.

In its report, the Government indicates that all children, irrespective of their nationality and including children of Haitian nationality, have to attend school. It adds that the Secretariat of State for Labour, in collaboration with the Secretariat of State for Education (SEE), has formulated a plan of action under which labour inspectors who identify children not attending school have to inform the SEE, irrespective of their nationality. Furthermore, according to the Government, inspections carried out by the General Directorate of Labour and the National Labour Inspection Department have not revealed the presence of Haitian children or children under 14 years of age who work.

The Committee notes the information provided by the Government in its report under Convention No. 182. It notes the adoption of the National Strategic Plan for the Elimination of the Worst Forms of Child Labour (2005-15), which is the country’s response to resolving the problem of child labour and its worst forms. The Committee notes with interest that the Government, in the context of the ILO/IPEC Time-bound Programme (TBP) on the worst forms of child labour, is carrying out several programmes of action, particularly in the agricultural sector 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. The Committee takes due note of the Government’s efforts to eliminate child labour and its worst forms, and requests it to provide information on the implementation of these projects and on the results achieved in terms of the progressive abolition of child labour.

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)

Article 2, paragraph 2, of the Convention. Raising the minimum age for admission to employment or work. In its previous comments the Committee noted that the Secretary of State for Labour periodically holds consultations with employers’ and workers’ organizations to determine whether social and economic conditions in the country allow the minimum age for admission to employment or work to be raised to 15 years. The Government indicates in this connection that it is impossible to increase the minimum age for the time being. The Committee notes that statement and would be grateful if the Government would provide full information if there are any new developments in this respect.

Article 3, paragraphs 1 and 2. Age for admission to, and determination of, types of hazardous work. The Committee notes with interest the adoption of resolution No. 52/2004 on work which is hazardous and unhealthy for persons under 18 years of age. According to article 1 of the resolution, the expression "work which is hazardous and unhealthy for persons under 18 years of age" refers to activities or tasks which, by their nature or the circumstances in which they are carried out, are liable to harm the physical and mental health and overall development of boys, girls or young persons or which can cause their death. The definition also covers work the performance of which requires special skill and knowledge because of the risk involved. The Committee also notes with interest that article 2 of resolution No. 52/2004 sets out an exhaustive list of hazardous jobs and tasks that are prohibited for persons under 18 years of age.

Article 3, paragraph 3. Authorization of employment or work from the age of 16 years. The Committee notes that, according to article 3 of resolution No. 52/2004, minors aged from 16 to 18 years may be employed in some of the jobs in the list of hazardous and unhealthy jobs and tasks prohibited for persons under 18 years of age. It also notes that article 6 of the resolution sets conditions for the employment of minors aged from 16 to 18 years which are consistent with Article 3, paragraph 3, of the Convention. The Committee notes, however, that section 251 of the Labour Code forbids minors under 16 years of age from performing hazardous or unhealthy work. It observes that section 251 of the Labour Code is vague and sets neither the conditions in which minors over 16 years of age may perform hazardous work nor the requirements for their protection and previous training. The Committee reminds the Government that Article 3, paragraph 3, of the Convention allows the employment or work of young persons aged from 16 to 18 years subject to strict requirements for their protection and prior training. It furthermore reminds the Government that what this provision of the Convention allows is a limited exception to the general ban on hazardous work by young persons under 18 years of age, and not unqualified authorization to engage in hazardous work as from the age of 16 years. The Committee accordingly requests the Government to take the necessary steps to ensure that the performance of hazardous work by young persons aged from 16 to 18 years provided for in section 251 of the Labour Code, will be authorized only as prescribed by the provisions of Article 3, paragraph 3, of the Convention.

Article 5. Limitation of the scope of application of the Convention to certain branches of economic activity. In its previous comments the Committee noted the efforts made by the Government with support from ILO/IPEC in the area of domestic work by children and encouraged it to envisage extending the scope of the Convention to include this work. In reply, the Government indicates that the Labour Advisory Committee, together with the social partners, will consider extending the scope of application to the Convention to other branches of economic activity. The Committee would be grateful if the Government would provide information on the results and conclusions of this meeting.

Article 9. Employer’s register. In its previous comments, the Committee noted that neither the Labour Code nor its implementing regulations contained any provision on employers’ registers. The Committee notes that, according to the Government, the labour department of the Secretariat of State for Labour, has control over registers of working minors. It requests the Government to provide a copy of the register kept by the labour department of the Secretariat of State for Labour.

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

Article 2, paragraphs 1 and 4, of the Convention and Part V of the report form. Minimum age for admission to employment or work and practical application. In its previous comments the Committee noted the ICFTU’s assertion that, although 14 years is the minimum age for admission to employment or work and that education is compulsory up to this age, child labour is nonetheless a major problem in practice. Owing to high unemployment and poverty, particularly among the Haitian community, children join the labour market at a young age and work in the informal sector or in agriculture. Moreover, the number of Haitian children working on sugar plantations alongside their parents is increasing.

In reply to the ICFTU’s observations, the Government indicated that the Dominican Republic is very poor. However, the national inspection service had not reported any such cases and given that labour in sugar plantations had been mechanized, there had been no reported cases of child labour in this sector of economic activity. The Government also said that it could not deny that children enter the labour market at a very young age. However, with the support of the ILO/IPEC programme, it is making efforts to improve the situation. Thus, the Secretary of State for Labour, in collaboration with the National Committee to combat child labour and with the employers and the workers, removed more than 2,000 children from work in the agricultural sector. These children were later reintegrated into school. The Government also pointed out that, in collaboration with the Secretary of State for Education, awareness-raising activities for children and the general population had been organized. The Committee notes the information sent by the Government that with technical assistance from ILO/IPEC, it is pursuing the measures to eliminate child labour. Thus, children working in agriculture are being withdrawn from their activities and campaigns are being organized to alert the population about the problem of child labour.

The Committee notes that according to the statistics in the "Report on the results of the national study on child labour in the Dominican Republic", published in 2004 by ILO/IPEC, SIMPOC and the Secretariat of State for Labour, some 436,000 children aged from 5 to 17 years were working in the Dominican Republic in 2000. Of these, 21 per cent were aged from 5 to 9 years and 44 per cent from 10 to 14 years. The sectors of economic activity most affected by child labour are services in urban areas and agriculture in rural areas. Furthermore, the commercial and industrial sectors likewise have many child workers. The Committee notes that according to the abovementioned statistics, the legislation on child labour appears difficult to apply and child labour constitutes a problem in practice in the Dominican Republic. The Committee expresses its deep concern at the situation of children under the age of 14 years who are compelled to work in the Dominican Republic. It therefore strongly encourages the Government to step up its efforts gradually to improve this situation. Furthermore, referring to its general observation of 2003, the Committee invites the Government to continue to provide detailed information on the manner in which the Convention is applied in practice including, for example, the fullest possible statistics on the nature, extent and trends of labour among children and adolescents of an age lower than the minimum specified by the Government upon ratification, extracts of reports by the inspection services, data as to the number and nature of the infringements reported and the penalties applied, particularly in services, agriculture, commerce and industry.

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

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its first and second reports. It also notes with interest the ratification by the Dominican Republic on 15 November 2003 of the Worst Forms of Child Labour Convention, 1999 (No. 182), and its undertaking to develop and implement the time-bound programme (TBP) on the worst forms of child labour in collaboration with IPEC.

Articles 1 and 2, paragraph 2, of the Convention. The Committee notes with interest the information provided by the Government in its reports to the effect that the executive authorities, through the Secretariat of State for Labour, periodically hold consultations with employers’ and workers’ organizations with a view to determining whether the socio-economic conditions of the country permit the raising of the minimum age for admission to employment or work to 15 years. At the last meeting of the Council, discussions were held on the subject of amending the national legislation to increase the minimum age to 15 years. The Committee draws the Government’s attention to the fact that Article 2, paragraph 2, of the Convention provides for the possibility of a State which decides to raise the minimum age specified previously to inform the Director-General of the International Labour Office by a further declaration. The Committee would be grateful if the Government would provide information on the progress made in relation to the discussions on increasing the minimum age to 15 years.

Article 3. 1. Age of admission to hazardous work. The Committee notes that by virtue of certain provisions of the Labour Code, young persons under 16 years of age may not exercise certain activities likely to jeopardize their health, safety or morals. Under the terms of sections 246, 251 and 253 of the Labour Code, young persons under the age of 16 years of age cannot work at night, perform hazardous or unhealthy work or be employed in taverns selling intoxicating drinks. The Committee notes that it may be deduced from these provisions that the age of admission to hazardous work is 16 years. It reminds the Government that, in accordance with Article 3, paragraph 1, of the Convention, the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. It therefore requests the Government to take the necessary measures so that the national legislation provides that no person under 18 years of age may perform hazardous types of work.

The Committee also reminds the Government that Article 3, paragraph 3, of the Convention authorizes, under strict conditions respecting protection and prior training, the employment or work of young persons between the ages of 16 and 18. It also recalls that this provision of the Convention constitutes a limited exception to the general rule of the prohibition on young persons under 18 years of age from performing hazardous types of work, and does not constitutute an overall authorization to undertake hazardous work from the age of 16 years. The Committee therefore requests the Government to take the necessary measures to ensure that the performance of hazardous types of work by young persons between 16 and 18 years of age is only authorized in conformity with the provisions of Article 3, paragraph 3, of the Convention.

2. Consultations with employers’ and workers’ organizations. The Committee notes that Decision No. 03/93 respecting hazardous and unhealthy work for young persons determines the types of work that are prohibited. It requests the Government to provide information concerning the consultations held with the organizations of employers and workers concerned when determining these types of work.

Article 5. The Committee notes that when ratifying the Convention, the Dominican Republic declared that it was initially limiting the scope of application of the Convention to the branches of economic activity and types of enterprises set out in Article 5, paragraph 3, of the Convention, namely: mining and quarrying; manufacturing; construction; electricity, gas and water; sanitary services; transport, storage and communication; and plantations and other agricultural enterprises mainly producing for commercial purposes, but excluding family and small-scale holdings producing for local consumption and not regularly employing hired workers. In this respect, the Committee would be grateful if the Government would provide information on the general position as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of application of the present Convention and on any progress which may have been made towards the wider application of the provisions of the Convention, in accordance with Article 5, paragraph 4(a), of the Convention. Furthermore, noting the efforts made by the Government with the support of ILO/IPEC in relation to domestic work by children, the Committee encourages the Government to consider the possibility of extending the scope of application of the Convention to this branch of economic activity, in accordance with Article 5, paragraph 4(b), of the Convention.

Article 8. The Committee notes that the national legislation contains provisions authorizing the participation of children in activities such as artistic performances (sections 245 and 250 of the Labour Code and Decision No. 30/93 of 9 November 1993). It requests the Government to provide information on the consultations which were held on this subject with the organizations of employers and workers concerned.

Article 9. Under the terms of this provision of the Convention, national laws or regulations shall prescribe the registers or other documents which shall be kept and made available by the employer. Such registers or documents have to contain the names and ages or dates of birth, duly certified wherever possible, of persons employed by or who work for the employer and who are less than 18 years of age. The Committee notes that neither the Labour Code nor its implementing regulations contain a provision requiring the keeping of registers by employers. It requests the Government to indicate whether the national legislation contains provisions concerning the keeping of registers.

Part V of the report form. The Committee notes the information provided by the Government in its reports that its cooperation with ILO/IPEC and the Organización Projoven, Funpade y Cepae has led to the establishment of a programme to prevent and eliminate child labour in agricultural areas, resulting in the removal of 250 young persons from work in Constanza, 382 in the province of Duarte and 285 in San José de Ocoa. The Committee also notes that a study has been undertaken by the Secretariat of State to assess the number of children and young persons working in the formal and informal sectors. The Committee requests the Government to provide the results of this study. According to the statistics available to the ILO (national child labour survey of 2000), around 428,720 children work in the Dominican Republic, or 17.7 per cent of the 2.42 million children and young persons aged between 5 and 17 years. However, taking into account the number of children from 5 to 17 years of age who are working, the Committee invites the Government to increase its efforts in order to progressively bring its practice into conformity with the legislation and the Convention. The Committee also asks the Government to communicate the results obtained or the measures envisaged with a view to eliminating child labour in practice. Moreover, the Committee requests the Government to continue providing information on the application of the Convention in practice, including, for example, statistical data on the employment of children and young persons, extracts from the reports of the inspection services and information on the number and nature of contraventions reported.

The Committee requests the Government to provide a copy of the following legislative texts:

n  Act No. 14/94 of 1994 issuing the Code for the Protection of Children and Young Persons;

n  Decree No. 59-95 issuing regulations under the Code for the Protection of Children and Young Persons;

n  the Education Act No. 66/97 of 15 April 1997;

n  Act No. 116 of 16 January 1980; and

n  Regulation No. 1894 of 11 August 1980.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in reply to the communication of the International Confederation of Free Trade Unions (ICFTU) transmitted to the Office on 30 September 2002, which contains a number of comments on the application of the Convention.

In its communication, the ICFTU indicates that the minimum age for admission to employment or work is fixed at 14 years of age and education is free and compulsory up to this age. Nevertheless, it indicates that child labour is a serious problem in practice. The rate of unemployment and poverty is high, particularly in the Haitian community. Therefore children enter the labour market at a young age to work in informal activities or in agriculture. Furthermore, the number of Haitian children working in sugar plantations alongside their parents is increasing.

In reply to the communication of the ICFTU, the Government indicates that, as an underdeveloped country, the Dominican Republic is extremely poor. It is not however certain that Haitian children work. In this respect, the Government points out that the national inspection service has not reported any such cases and, given that labour in the sugar plantations has been mechanized, there have not been any reported cases of child labour in this sector of economic activity. The Government also indicates that it cannot deny the fact that children enter the labour market at a very young age. However, with the support of the ILO/IPEC programme, it is making efforts to improve the situation. In this respect, the Secretary of State for Labour, in collaboration with the National Committee to Combat Child Labour and employers and workers, removed over 2,000 children working in the agricultural sector. These children were later reintegrated into school. Furthermore, the Government points out that, in collaboration with the Secretary of State for Education, awareness-raising activities for children and the general population were organized, in particular 50 workshops, seven television programmes, round-table meetings and programmes with educators.

The Committee notes with interest the Government’s efforts to eliminate child labour, in particular those carried out in collaboration with the ILO/IPEC programme. The Committee requests the Government to continue to provide information on the measures taken to eliminate child labour in practice.

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

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

The Committee takes note of the Government’s first report and 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.