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

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

Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children for commercial sexual exploitation, and penalties. The Committee 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.