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

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

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.