Comments adopted by the CEACR: Dominican Republic

Adopted by the CEACR in 2022

C122 - Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Autonomous Confederation of Workers’ Unions (CASC), the National Confederation of Dominican Workers (CNTD) and the National Confederation of Trade Union Unity (CNUS), received on 1 September 2021. The Committee requests the Government to send its comments in this regard.

Articles 1–3 of the Convention. Formulation and implementation of an active employment policy.Consultations. The Committee notes the Government’s indication, in reply to its previous comments, that the National Employment Plan (PNE) adopted in 2014 was not implemented because of institutional and financial restrictions. The Government adds that, even though certain projects in the PNE were implemented, no evaluations of their impact were carried out. The Committee notes the information available on the Ministry of Labour’s website concerning the process of preparing a new National Employment Plan (PLANE), with the support of “Eurosocial+”, the European Union (EU) programme for social cohesion in Latin America. The objective of the new PLANE is to promote the creation of 600,000 new decent jobs for the 2021-24 period, which is 200,000 more than in the 2014 PLANE. The PLANE project measures include: economic incentives for investment; technical and vocational training to promote the development of human talent and the employability of the population in situations of great vulnerability; the modernization of the Public Employment Service; and technical and financial support for independent workers, micro, small and medium-sized enterprises (MSMEs), and green job initiatives. The Committee also notes that the National Employment Commission, a tripartite advisory body, was reactivated in May 2021, after six years of inactivity, with a view to launching the consultation process for the development of PLANE. The resulting project is the product of a process in which numerous actors have participated, through virtual thematic forums and numerous electronic consultations, such as representatives of the social partners, various government entities, academic experts and members of civil society. On 17 February 2022, the proposal for the new PLANE was presented to representatives of the social partners and public bodies for their comments, before its final draft. With regard to labour market trends, the Government states that, according to information from the Dominican Labour Market Observatory (OMLAD), between 2018 and 2021 the employment rate fell from 59.5 per cent to 56.8 per cent (71.8 per cent for men and 42.9 per cent for women), the unemployment rate rose from 5.3 per cent to 8 per cent (4.6 per cent for men and 12.8 per cent for women). The Committee requests the Government to provide detailed, up-to-date information on the status of the preparation of the new National Employment Plan (PLANE) and to send a copy of it once it has been adopted. The Committee also requests the Government to send detailed, up-to-date information on the content and results of the consultations held with the social partners and representatives of stakeholders, in particular representatives of the workers in rural areas and in the informal economy, regarding employment policies and programmes. The Committee further requests the Government to send up-to-date statistical information,disaggregated by age, sex and region, on labour market trends, including employment, unemployment and underemployment rates.

Coordination of training policies with employment policies. In its reply to the Committee’s previous comments, the Government indicates that since 2016 there have not been any data on the impact of implemented training programmes owing to a lack of economic resources. The Government expresses the hope that after the implementation of employment recovery measures in the context of the COVID-19 pandemic, it will be possible to establish a basis to make it easier to conduct these studies. Moreover, the Government refers to the implementation of the Technical and Vocational Education and Training Support Programme (PRO ETP II), financed by the EU and the Spanish International Cooperation Agency (AECID). The general objective of the programme is to strengthen the technical and vocational education and training (EFTP) system to better respond to the demands of the education and production sectors and the training needs of the economically active population. As a specific objective, it is proposed to contribute to the strengthening of the institutional, normative and functional components of the national EFTP system. In this regard, it is planned to adopt measures aimed, inter alia, at: improving the capacities of the systems linked to the national vocational training system to ensure their participation in the preparation, implementation, monitoring and validation of the National Qualification Network; increasing the capacities of the competent institutions for improving the quality and relevance of the provision of EFTP in order to adapt it to the labour market; and linking the private sector to mechanisms for the design and implementation of EFTP policies through public-private partnerships for development. To achieve these objectives, it is planned, inter alia, to update the electronic employment exchange, and also to implement a labour information system which collates labour market indicators and statistics from various public institutions. Lastly, the Committee notes that the workers’ confederations indicate in their observations that the National Institute for Vocational and Technical Training (INFOTEP) has expanded the provision of training and has conducted a survey to identify the requirements of the main occupations in demand and establish a skills and learning strategy to improve the country’s competitiveness in the context of the digital era and the future of work. However, they point out that the training plans to promote employment are not coordinated. The Committee requests the Government to provide detailed information, including statistics disaggregated by age, sex and region, on the various training programmes implemented, including the Technical and Vocational Education and Training Support Programme (PRO ETP II), and also on their impact on securing lasting employment for men and women. With regard to the collection of data on the impact of these programmes, the Committee reminds the Government that it may avail itself of ILO technical assistance in this regard. Moreover, in the light of the observations of the workers’ confederations, the Committee requests the Government to send detailed information on how the various programmes of training for employment are coordinated and in what manner consultations with the social partners are ensured.

Specific groups vulnerable to decent work deficits. The Committee observes that, according to ILOSTAT, in 2020, the overall unemployment rate of young persons was 14.9 per cent (11.6 per cent for women and 20.7 per cent for men), whereas 33.7 per cent of all young persons were either unemployed or not studying or receiving training (44.2 per cent for women and 31.1 per cent for men). The Committee notes the information supplied by the Government on the measures adopted to promote youth employment, such as the adoption in 2019 of the Primer empleo (initial employment) programme, which provides 6,200 young persons between 18 and 29 years of age with access to employment in the form of training for employment with formal enterprises, in particular promoting the participation of women and single mothers and persons with disabilities. The Government also refers to the implementation of the Escuela taller (workshop as school) programme, which provides young persons in vulnerable situations with job training in diverse areas such as crafts, carpentry, construction and electricity. The Government states that from 2015 to the first half of 2021 a total of 571 men and 265 women participated in the programme. Furthermore, the Government refers to the discussion on 25 May 2021 in the Chamber of Deputies of the bill on initial employment, which provides young graduates with the opportunity for internships or half-time work in various institutions so that they can develop acquired knowledge. The Committee notes that the workers’ organizations claim in their observations that young persons who have finished higher education face major difficulties regarding access to the labour market because of the lack of job placement strategies for young persons. They also assert that bureaucratic obstacles and high demands regarding levels of previous experience make it difficult for young persons to secure their first job or a change of job. Moreover, they criticize the fact that many of the jobs on offer are precarious, temporary, offer low wages and do not provide opportunities for development. The Government, on the other hand, indicates that in order to promote jobs for women, adequate services with equal opportunities are provided in the programmes implemented by the Ministry of Labour and awareness-raising measures aimed at enterprises have been implemented to promote women’s employment. In this regard, the Government states that it has requested enterprises to omit age and gender requirements in job vacancy profiles. Lastly, the Committee refers to its comments on the application of the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), in which it notes the detailed information provided by the Government on the measures taken by the National Council on Disability (CONADIS) to promote employment for persons with disabilities, as well as on the implementation of Basic Act No. 5-13 on equal rights for persons with disabilities, section III of which establishes a quota of two per cent for hiring persons with disabilities in private enterprises (compared with five per cent in the public sector). The Committee requests the Government to continue providing detailed, up-to-date information on the measures taken or contemplated to promote access to formal and lasting employment for groups vulnerable to decent work deficits, in particular young persons, women and persons with disabilities. The Committee also requests the Government to send up-to-date statistical information on the impact of such measures. It further requests the Government to provide up-to-date information on the status of the adoption of the bill on initial employment and to send a copy of it once it has been adopted.

Migrant workers. In its reply to the Committee’s previous comments, the Government indicates that the labour legislation prohibits any kind of discriminatory practice in the hire of persons, whether national or foreign, in the context of an employment contract or a job application (principles IV and VII of the Labour Code). The Government states that a total of 3,931 persons, including workers, employers and public employees, have received training on various aspects of equal opportunities and non-discrimination in employment and occupation. Moreover, it reports on the establishment of the Labour Migration Committee, which is composed of representatives of various national institutions such as the Social Security Treasury (TSS), the National Institute for Migration (INM) and the Ministry of External Relations (MIREX). In this regard, the Government indicates that it is receiving advice and support from the International Organization for Migration (IOM) and the ILO. The Committee notes the adoption on 22 January 2021 of Resolution No. 119-21 normalizing the irregular migration situation of Venezuelan nationals on Dominican territory. Through this resolution, Venezuelan nationals who entered Dominican territory using a tourist card or a visa issued by the Dominican authorities and who have stayed on Dominican territory beyond the authorized period of validity, are eligible for an extension of stay and can apply for a non-resident permit in the student or temporary worker subcategories. The Committee requests the Government to send detailed, up-to-date information on the nature and impact of the measures adopted to prevent abuse in the recruitment of foreign workers in the country, including Resolution No. 119-21, and of national workers who emigrate in search of job opportunities abroad, including those adopted within the Labour Migration Committee.

Informal economy. The Committee notes that, on the basis of the “Eurosocial+” programme report of 28 September 2021 on the updating of PLANE, informality has become established in the country as a structural problem stemming from an economic model that maintains sustained growth in sectors which either do not create employment or do so in precarious forms. The Government also indicates that as a result of the pandemic, there has been an increase in informality, especially in the commerce and construction sectors. According to statistical information from OMLAD, the rate of informality in 2021 was 57.7 per cent (61.7 per cent for men and 51.5 per cent for women). In this regard, it is envisaged that PLANE will include measures for the development of passive employment measures, as well as the establishment of policies for the social protection of informal workers and the reduction of informality in the labour market. Moreover, the Government reports on the implementation of various measures aimed at combating informality in the context of the pandemic through support to MSMEs, such as the implementation of the recovery programme with DOP 4,100 earmarked for MSMEs. Lastly, the Committee notes the information provided by the Government, disaggregated by sex, age and region, on the number of formal workers who entered the labour market for the first time between 2012 and July 2021. The Committee requests the Government to continue providing detailed, up-to-date information on the nature and impact of the measures adopted to combat the high rate of informality in the country.

Micro, small and medium-sized enterprises (MSMEs). The Committee notes the information supplied by the Government on the measures taken to facilitate the establishment of MSMEs and cooperatives in the country. The Government refers, inter alia, to the implementation since 2013 of the “formalization single window” (VUF) for facilitating the establishment of MSMEs in all provinces of the country. The Committee notes with interest the Government’s indication that the functioning of the VUF has enabled the time and cost of registering enterprises to be reduced. The Government states that between 2014 and 2020 the percentage of enterprises registered through the VUF increased from 1.56 per cent to 66 per cent of all established enterprises. According to the MSME Policy Department, between 2012 and 2021 a total of 229,358 enterprises were established through in-person channels and between October 2013 and June 2021 a total of 36,695 enterprises were established through the FormalízateRD web portal. However, the Government indicates that it does not have any information on the number of jobs created by new enterprises. The Government also indicates that it is planned to amend Act No. 127-64 on cooperative associations and its implementing regulations, with the aim of modernizing the text and adapting the regulations to simplify the administrative procedures for setting up an enterprise. The Government adds that, between 2012 and 2021, a total of 479 cooperatives were created, with 133 in agriculture and two relating to commerce. As regards policies for the award of public contracts to SMEs, the Government indicates that, under sections 25 and 26 of Act No. 488-18, 15 per cent of purchases of goods and services by public institutions must go to MSMEs, and 20 per cent to those headed by women (with over 50 per cent in shareholding or social capital). Lastly, the Government indicates that the 2016 analysis of the impact of the public procurement and contracts policy on MSMEs and women revealed a positive impact on beneficiary enterprises, which experienced greater economic benefits, greater professionalization and less staff rotation, as well as an increase in the average wages of their workers. The Committee notes the observations of the workers’ organizations, which indicate that in July 2021 a tripartite agreement was reached to modify wage fixing, since the previous methodology used to fix wages did not include MSMEs, thereby generating precarity and job informality among their workers. The workers’ organizations also point out that Act No. 688-16 on entrepreneurship was adopted without prior consultation of the social partners, and they state that under that Act the enterprises covered by it are exempt from paying pension contributions for the first three years from the date of formalization. They object to the fact that this obstructs the development of the workers’ pension fund, pushing back the age at which they can access their pensions. The Committee requests the Government to continue sending detailed, up-to-date information on the measures taken or contemplated to facilitate the establishment of MSMEs and cooperatives, particularly in disadvantaged regions with the highest unemployment rates. In particular, it requests the Government to send information on the status of the amendment of Act No. 127-64 on cooperative associations and its implementing regulations. The Committee also requests the Government to send statistical information on the number and type of enterprises established. As regards the collection of statistical information on the number of jobs created by those enterprises, the Committee requests the Government to provide information on any progress made in this regard and reminds it that it may avail itself of ILO technical assistance in this regard. Lastly, the Committee requests the Government to continue providing information on the impact of policies for awarding public contracts to SMEs.

C138 - 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.

C159 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 2 and 3 of the Convention. Implementation of the national policy. The Committee notes the information supplied by the Government on the measures taken to promote fulfilment of the 2 per cent quota for hiring persons with disabilities established for the private sector by Act No. 5-13 on disability. In this regard, the Government refers to the modification of the “integrated labour registration system” (SIRLA) in order to identify persons with disabilities who have been hired and to monitor compliance with the indicated quota. The Government also refers to the implementation of awareness-raising measures regarding disability and labour inclusivity for territorial employment offices (OTEs) and labour inspectors, and also to the advice given to enterprises by the National Council on Disability (CONADIS). The Committee also notes the initiatives to promote self-employment among persons with disabilities implemented by CONADIS in collaboration with various public institutions. In particular, the Government indicates that training has been given to persons with disabilities on the use of social networks as a platform for the sale of their products and on sales techniques, and “travelling bazaars” have been held in public institutions where their products are marketed. However, the Committee notes that the Government does not provide any statistical information or other specific information on the impact of Act No. 5-13 on the integration of persons with disabilities, including the quota system, and on the various programmes established to promote the employment of persons with disabilities.

With regard to accessibility, the Government indicates that, through the “national system for the evaluation of accessibility” (SINAC), enterprises can carry out evaluations of accessibility of their spaces and services, and the general public can rate the accessibility of spaces and services already registered in SINAC. As regards access to education and vocational training, CONADIS, in conjunction with the Institute for Vocational and Technical Training (INFOTEP) and various universities in the country, coordinates activities to ensure the inclusivity of offers in vocational and technical training and in higher education, and grants bursaries to students with disabilities to promote their participation in degree- and intermediate-level education. The Government also refers to the obligation to provide reasonable adjustments in educational centres and institutions established in Act No. 5-13 on disability. The Government further reports the adoption of measures to facilitate the access of persons with disabilities to public services, such as access to various social security benefits. Lastly, the Government describes the implementation of measures to raise awareness of discrimination against persons with disabilities, such as the Sello RD Incluye (Dominican Republic inclusivity seal) programme in collaboration with the United Nations Development Programme (UNDP). The objective of the programme is to promote and raise the profile of actions by public and private institutions, non-profit organizations and international organizations aimed at fostering full inclusion, development and the quality of life of persons with disabilities. The Government states that between 2017 and 2019 a total of 113 institutions in various spheres, including labour and education, were the recipients of this award. In this context, the Committee refers to its comments on the application of the Employment Policy Convention, 1964 (No. 122), in which it notes the implementation of the Escuela Taller (workshop as school) programme. This programme provides occupational training for young persons in situations of vulnerability, including young persons with disabilities. The Government indicates that between January and June 2021, a total of 92 young persons participated, of whom 22 had some kind of disability. With regard to the proposals made with respect to policies aimed at the comprehensive development of boys and girls with disabilities in the context of the Advisory Committee on Children and Young Persons, the Government indicates that it will provide information on this subject once the corresponding reports are concluded with the executive information. The Committee notes the observations of the workers’ confederations, which assert that although specific measures to promote the employment of persons with disabilities are being implemented, there is no comprehensive policy in this regard. In addition, they point out that there are still many public and private institutions which do not comply with the legislation concerning the rights of persons with disabilities or the recommendations of CONADIS owing to the lack of awareness-raising and education of society on the subject of disability. In light of the observations of the workers’ organizations, the Committee requests the Government to adopt and implement the necessary measures to formulate and implement a national policy on vocational rehabilitation and employment of persons with disabilities, as required by Article 2 of the Convention. The Committee once requests the Government to provide statistical information, disaggregated by age and sex, on the impact of Act No. 5-13 on the integration of persons with disabilities in employment, including the implementation of the quota system in the public and private sectors. The Committee also requests the Government to send detailed, up-to-date information on the nature and impact of the measures taken or contemplated to promote employment opportunities for persons with disabilities, including persons with mental or intellectual disabilities, in the open labour market, in both the public and private sectors. The Committee further requests the Government to provide statistical information on the participation of persons with disabilities in the labour market, disaggregated by sex, level of education and type of disability.

Article 5. Consultations with representative employers’ and workers’ organizations. The Committee notes that the Government reports on the holding of tripartite consultations as part of the process of preparation of the new National Employment Plan, which provides for the inclusion of a strategic policy approach for the labour integration of persons with disabilities. The Government also indicates that it is working in coordination with various sectoral committees in which representatives of civil society and of workers’ organizations participate with a view to improving the inclusion of persons with disabilities, particularly women with disabilities. However, the Committee notes that the Government does not provide any information on the functioning or the impact of the Tripartite Commission for Equal Opportunities and Non-Discrimination with respect to employment promotion for persons with disabilities and equal opportunities and treatment for men and women with disabilities. The Government also does not provide any information on the holding of consultations with organizations that represent persons with disabilities. The Committee requests the Government to provide detailed, up-to-date information on the content and result of the consultations held with the social partners and organizations representing persons with disabilities regarding the implementation of vocational guidance and employment promotion measures for persons with disabilities. The Committee also requests the Government to provide detailed, up-to-date information on the activities of the Tripartite Commission for Equal Opportunities and Non-Discrimination and their impact.

Article 8. Services in rural areas. The Committee notes the information provided by the Government on the measures taken by the Social Policy Coordination Office (GCPS) in collaboration with CONADIS to provide services in rural areas. These include labour and employment training programmes through community technological centres (CTCs) and training and production centres (CCPs) at the national level, and also measures to promote entrepreneurship at business centres located in universities throughout the country. The Committee also notes the initiatives by the GCPS to eliminate physical and attitudinal obstacles toward persons with disabilities at the level of the centres in the communities where they live with a view to facilitating access to formal employment. The Government also refers to the linkage of measures for awareness-raising, training for employment and labour integration by non-profit organizations in various communities, such as the Dominican Rehabilitation Association, the Circle of Women with Disabilities (CIMUDIS) and the Ibero-American Network of Organizations for Persons with Physical Disabilities. However, the Committee notes that the Government does not provide any information on the impact of such measures in practice. The Committee requests the Government to send detailed, up-to-date information on the nature and impact of the measures taken or envisaged to promote non-discrimination, accessibility, and the establishment and development of vocational rehabilitation and employment services for persons with disabilities, both in rural areas and in remote communities in the country.

C182 - Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 3(a) and (b) and 7(1) of the Convention. Sale and trafficking of children for commercial sexual exploitation, and penalties. The Committee notes the Government’s response, in reply to its previous comments, that in 2020 the Special Prosecutor’s Office against the Illicit Trafficking of Migrants and Human Trafficking reported 41 cases of commercial sexual exploitation of young persons under 18 years of age; and that between 2016 and 2020 a total of 239 cases of illicit human trafficking involving minors were recorded. Moreover, according to information on the official website of the Attorney-General’s Office, between May 2017 and March 2019 legal proceedings were opened in 139 cases relating to commercial sexual exploitation, illicit trafficking of migrants, child pornography and human trafficking. These cases involved 88 victims under 18 years of age, and convictions were handed down in 33 cases.

The Committee also notes that the United Nations (UN) Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material, observes in the 2018 report on her visit to the Dominican Republic that a significant proportion of foreign tourists come to the country for the purpose of sexual exploitation, including of girls, and that child sexual exploitation is especially concentrated in beach areas such as Bávaro, Boca Chica, Sosúa, Cabarete and Las Terrenas. The UN Special Rapporteur also highlights the fact that intermediaries who facilitate child sexual exploitation form part of a chain that includes pimps, taxi drivers, and owners of motels, night clubs and car-wash facilities, and that these criminal structures often operate with the complicity of the local authorities (A/HRC/37/60/Add.1, paragraphs 18 and 19). Taking account of the fact that the trafficking of children for commercial sexual exploitation has been an extensive problem in the country, particularly in the tourism sector, and that there has been a high degree of impunity in this sphere, the Committee notes with deep concern this information and also the low number of convictions in relation to the number of cases involving the trafficking and commercial sexual exploitation of minors.

Lastly, with regard to the revision of the Penal Code for the purpose of reinforcing the penalties for perpetrators of the sale and trafficking of children for commercial sexual exploitation, the Committee notes that the new draft Code has already been approved by the Chamber of Deputies and is being reviewed by a special committee of the Senate of the Republic.The Committee once again firmly urges the Government to take all necessary steps without delay to ensure that circumstances which constitute the sale and trafficking of children for exploitation are investigated and that the perpetrators are duly prosecuted and penalized. The Committee requests the Government to continue sending information on the application in practice of section 3 of Act No. 137-03 on the illicit trafficking of migrants and other persons which criminalizes the trafficking of children for commercial sexual exploitation, and sections 408–410 of the Code for the protection of the rights of children and young persons, which establish penalties for the commercial sexual exploitation of minors. Lastly, the Committee requests the Government to continue sending information on progress made with regard to the adoption of a new Penal Code.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Commercial sexual exploitation in the tourism industry. The Committee notes the Government’s indication, in reply to its previous comments, that the Central Tourism Police Department (POLITUR) has a “Programme for the protection of children and young persons” aimed at protecting children and young persons against all forms of violence, abuse, exploitation and trafficking, especially those that occur as a result of tourism-related activities. In order to achieve this objective, POLITUR coordinates its actions with the Public Prosecutor’s Office, the hotel sector and tourism clusters. The Committee also notes that the Ministry of Labour has established a committee to work on aspects of commercial sexual exploitation and other worst forms of child labour in coordination with the Attorney-General’s Office, the National Council for Children (CONANI), and other institutions that are part of the National Steering Committee to Combat Child Labour and the Inter-institutional Commission against the Abuse and Commercial Sexual Exploitation of Children. Within the above-mentioned committee, awareness-raising workshops have been held for members of tourism clusters throughout the country. In addition, the Ministry of Labour has established local, provincial and municipal steering committees in all provinces of the country, including in tourist areas, and also watchdog committees or units in municipalities and districts where there are no labour offices. The Committee notes that the UN Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material, observed in her 2018 report that the province of Puerto Plata is one of the main centres of child sexual exploitation in tourism and that the local authorities are overwhelmed by the problem without the support of the central authorities to prevent and combat it. The Special Rapporteur also expressed regret at the lack of real and effective involvement on the part of the Ministry of Tourism in combating child sexual exploitation in tourism (A/HRC/37/60/Add.1, paragraphs 20 and 61). The Committee requests the Government to intensify its efforts and continue to adopt effective time-bound measures to prevent the commercial sexual exploitation of children in the tourism industry, in coordination with central and local authorities and in collaboration with the various actors in the aforementioned industry (Ministry of Tourism, hotel sector and other tourism enterprises). The Committee also requests the Government to send information on this matter and also on the watchdog activities of POLITUR to protect children and young persons against commercial sexual exploitation in tourism-related activities.

Clause (b). Direct 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 on the number of child victims of commercial sexual exploitation who have received assistance and been removed from such exploitation, the Committee notes with regret that the Government has once again not provided information on this matter. Furthermore, the Committee observes that the UN Special Rapporteur on the sale and sexual exploitation of children noted with regret in her 2018 report the absence of accessible complaint mechanisms for child victims of violence, abuse and sexual exploitation (A/HRC/37/60/Add.1, paragraph 54). The Committee therefore requests the Government to take measures to ensure that child victims of commercial sexual exploitation, or their parents or tutors, can access complaint mechanisms rapidly, easily and free of charge, and can also access programmes for their rehabilitation and social reintegration. In this regard, it requests the Government to send up-to-date statistical information on the number of child victims of commercial sexual exploitation who have been identified, rescued and rehabilitated.

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

C182 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 6 of the Convention. Programmes of action. The Committee notes the Government’s indication, in reply to its previous comments, that the objective of the No hay excusa (no excuses) campaign was to give visibility to the problem of the commercial sexual exploitation of children and also to provide a helpline for reporting this crime. For three months the campaign was disseminated through various platforms, media, enterprises and airports. The Committee also notes the Government’s indication that, in the context of the “National Strategic Plan for the elimination of the worst forms of child labour 2006–16”, the National Council for Children and Young Persons (CONANI), in coordination with the Ministry of Labour, proposed to guarantee the restoration of the rights of street children and young persons engaged in the worst forms of child labour. In this regard, CONANI is carrying out an evaluation to determine the family and school situation and physical and psychological health of child victims of the worst forms of child labour in order to take action to determine urgent support needs. Lastly, the Committee notes that, in the context of the Supérate programme (the Government’s main social action framework), a protocol for the care of orphaned children whose mothers were the victims of femicide was adopted in order to prevent these children from being exposed to the worst forms of child labour, particularly commercial sexual exploitation. As a result of the application of the protocol, 510 children and young persons who lost their mothers to femicide are receiving psychological support and personalized care. The Committee welcomes the measures adopted by the Government and requests it to continue sending information on the programmes of action implemented to eliminate the worst forms of child labour, and on their results. The Committee also requests the Government to clarify whether it is planned to adopt a new “National Strategic Plan for the elimination of the worst forms of child labour”.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. 1. HIV/AIDS orphans. In reply to the Committee’s previous comments, the Government indicates that measures have been adopted to strengthen the capacity of families and communities to care for orphaned children. In this regard, a total of 15,002 families of persons living with HIV are registered in the Supérate programme for monetary transfers to families with limited resources, and some 28,000 families are registered in the National Health Insurance subsidy scheme. The Committee notes that, according to UNAIDS statistics, the number of HIV/AIDS orphans increased slightly from 40,000 in 2016 to 44,000 in 2022. The Committee requests the Government to continue sending information on the time-bound measures taken to protect HIV/AIDS orphans from being engaged in the worst forms of child labour, and on the results achieved in this respect.

2. Haitian migrant children. The Committee notes that the United Nations (UN) Special Rapporteur on the sale and sexual exploitation of children refers in the 2018 report on her visit to the Dominican Republic to the situation of unaccompanied migrant children of Haitian origin who are the victims of multiple forms of exploitation and who work as shoeshiners, street vendors, porters and window cleaners or who are used by adults for criminal activities or begging. The UN Special Rapporteur emphasizes that many of these children are obliged to give financial compensation to their traffickers and that fear and lack of protection prevent them from reporting the individuals who are exploiting them (A/HRC/37/60/Add.1, paragraphs 22 and 24). The Committee requests the Government to provide detailed information on the measures taken to protect migrant children of Haitian origin, particularly those who are undocumented, against the worst forms of child labour, including information on reception centres available for this purpose.

Article 8. International cooperation. The Committee notes that the Government continues to participate in meetings organized in the context of the Latin America and the Caribbean Regional Initiative, at which progress and experience on the prevention and elimination of child labour is shared by each State party.