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

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

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.