Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Dominica (Ratificación : 2001)

The Committee notes the joint observations of the Dominica Public Service Union (DSPU), the Dominica Amalgamated Workers Union (DAWU) and the Dominica Employers’ Federation received on 1 September 2024, communicated with the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clause (A). All forms of slavery or practices similar to slavery. Sale and trafficking of children. Following its previous comments, the Committee notes the Government’s statement, in its report, that the Financial Investigation Unit (FIU) has not conducted any investigations into cases of child trafficking for sexual or labour exploitation under the Transnational Organized Crime (Prevention and Control) Act (Act No. 13 of 2013). The Act, under section 8, criminalizes trafficking in persons for sexual and labour exploitation, with section 13 providing a penalty of life imprisonment when the victim is a child. Additionally, section 2 defines a “child” as a person under 18 years of age. In this regard, the Committee notes the Government’s statement that there are no available statistics on investigations, prosecutions, convictions, or the application of the law concerning the sale and trafficking of children for sexual or labour exploitation. However, the Committee notes from the “Compilation of information prepared by the Office of the United Nations High Commissioner for Human Rights” of the Working Group on the Universal Periodic Review of the United Nations the Human Rights Council (HRC) the concerns over the lack of data on investigations, prosecutions, and convictions of individuals involved in trafficking activities, as well as on the support mechanisms available for victims (A/HRC/WG.6/47/DMA/2, 14 August 2024, paragraph 30). The Committee therefore requests the Government to provide information on the number of investigations, prosecutions, convictions, and penalties imposed.

Clause (b). Use, procuring, or offering of a child for prostitution. Following its previous comments, the Committee takes note of the Government’s indication that the FIU has not conducted any investigations of individuals procuring children under 18 for prostitution, as outlined in section 18(a) of the Sexual Offences Act, 1998. Section 18(a) of the Act stipulates that any person who procures or induces a minor to have sexual intercourse with any person is liable to imprisonment for twenty-five years. In this regard, the Committee request the Government to continue to provide information on the application in practice of section 18(a) of the Sexual Offences Act including updated statistics on the number of investigations, prosecutions, convictions and sanctions.

Article 7 (2). Effective and Time-Bound Measures. Clause (d). Children at Special Risk. Kalinago (Carib) Children. The Committee notes from the Government’s information that Kalinago children, like all children in Dominica, benefit from the provisions of the Education Act, which in accordance to section 2, mandates compulsory school attendance for children between the ages of 5 to 16. Furthermore, the Government specifies that Kalinago children have the same rights and privileges as other students and are beneficiaries of various government assistance programs, including, free transportation and the School Feeding Programme.

The Committee takes further note of the Government’s ongoing efforts in developing three preschools and five primary schools in the Kalinago Territory, with particular emphasis on the construction of a primary school in Sineku. It also notes the Government statement that all students are transported to school and are provided with free uniforms and schools supplies.

The Committee further notes that, according to the National Report submitted to the Human Rights Council, the Government has undertaken in collaboration with the Kalinago community, several initiatives to ensure that Kalinago individuals benefit from Dominica’s development and actively contribute to shaping their future. The Committee also notes from the National Report, the implementation of the Social and Behavioural Change Project, supported by UNICEF, which aims to support 20 vulnerable homes with children through a comprehensive mentorship program (A/HRC/WG.6/47/DMA/1, 14 August 2024, paragraph 112 and paragraph 116). While the Committee welcomes the efforts made by the Government to address the educational and developmental needs of the Kalinago community, it requests the Government to continue to provide information on the effective and time-bound measures taken to improve the educational attainment of Kalinago children. The Committee further requests updated information on the results achieved.

Application of the Convention in practice. The Committee notes the Government’s indication that there are no reported cases of child labour. In this regard,the Committee requests the Government to provide any available information on the nature, extent and trends on the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, and the number and nature of infringements reported.