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

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

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.