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

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - República Dominicana (Ratificación : 2000)

Articles 3(a) and (b) and 7(1) of the Convention. Worst forms of child labour and penalties. Sale and trafficking of children and commercial sexual exploitation. The Committee notes that, in its report, the Government: (1) reports that the Attorney-General’s Office, through the Special Prosecutor’s Office against Migrant Smuggling and Human Trafficking (PETT), in 2023 and 2024, continued to strengthen its capacities in victim identification and investigation into these crimes, in order gather evidence to prosecute the perpetrators and achieve meaningful convictions in the courts; (2) details many different training and awareness-raising activities for prevention and prosecution of the crime of trafficking in persons and migrant smuggling, aimed at building the capacities of the Public Prosecutor’s Office and various groups of interest, such as social workers of the National Council for Children (CONANI); and (3) with regard to the judicial proceedings relating to child trafficking between January 2023 and May 2024, it reports that 16 cases were brought to trial, involving 21 accused and 44 victims.

The Committee also notes the 2023 Report of the Dominican Republic on Trafficking in Persons and Migrant Smuggling, drawn up by the Ministry of Foreign Affairs and the Inter-institutional Committee against Trafficking in Persons and Migrant Smuggling (CITIM). According to this report: (1) in May 2023, the Public Prosecutor’s Office dismantled a network dedicated to trafficking in persons for sexual exploitation and arrested two men identified as ringleaders of the organization that was exploiting at least 15 young persons between 13 and 17 years of age; (2) the leader of an online network sexually exploiting young persons between 4 and 10 years of age was arrested and charged with sexual exploitation and child pornography, and psychological abuse of children and young persons; and (3) legal proceedings were initiated against a mother who exploited her daughter as well as one of the clients who used her daughter for sexual purposes.

While noting these measures, the Committee notes that the United Nations Committee on the Rights of the Child (CRC), in its concluding observations of 18 October 2023, expressed concern about the sexual exploitation of children in the context of tourism and travel, and the lack of effective responses, including the low number of judicial investigations and convictions (CRC/C/DOM/CO/6, paragraph 27). Reiterating that trafficking of children for commercial sexual exploitation continues to be an extensive problem in the country, particularly in the tourism sector, that is characterized by a high degree of impunity, the Committee once again notes with deep concern the low number of convictions in relation to the number of cases involving the trafficking and commercial sexual exploitation of minors.

The Committee firmly urges the Government to take all necessary steps without delay to ensure that the crime of the sale and trafficking of children and young persons for sexual exploitation are investigated, the perpetrators duly prosecuted and the appropriate penalties imposed. In this respect, it requests the Government to continue to provide information on the number of offences relating to the trafficking of young persons for commercial sexual exploitation that have been reported, the number of investigations and proceedings carried out, and the nature and number of penalties imposed.

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 of children in the tourism industry. The Committee notes the information provided by the Government with respect to the measures taken to prevent the commercial sexual exploitation of children in the tourism industry, highlighting: (1) activities to raise awareness of the commercial sexual exploitation of children in the tourist region of the Colonial City of Santo Domingo; (2) the implementation of a tripartite agreement among the Public Prosecutor’s Office, the Ministry of Tourism and the Association of Hotels and Tourism of the Dominican Republic (ASONAHORES) with the purpose of joining efforts in combating the different manifestations of trafficking in the country’s tourist areas; (3) training and continuous learning for members of the Tourist Police (POLITUR) for the protection of vulnerable populations, through active patrols in various tourist areas, aimed at preventing abuse that violates the fundamental rights of young persons; and (4) coordination among POLITUR, CONANI and the Public Prosecutor’s Office in areas such as the Colonial City of Santo Domingo, Las Americas International Airport, and the beaches of Boca Chica and Sosúa in Puerto Plata.

The Committee also notes the detailed information provided by the Government regarding a series of police interventions carried out in collaboration with POLITUR and CONANI between 2022 and 2024, relating to dogwatch activities, intervention and rescuing of young persons in the country’s tourist areas. The Committee notes that there is no mention of interventions by POLITUR to specifically prevent and end sex tourism in the country’s tourist areas, except for a case reported in Puerto Plata in 2023. The Committee therefore requests the Government to continue its awareness-raising activities to prevent and combat the commercial sexual exploitation of children in the tourism industry. The Committee also once again requests the Government to provide information on: (i) the specific measures adopted in coordination with various actors in the tourism industry to combat the commercial sexual exploitation of children; and (ii) POLITUR’s watchdog activities 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. The Committee notes that the Government indicates that there are complaints handling mechanisms for child victims of commercial sexual exploitation, as well as for their parents or guardians, including: (1) several free and confidential telephone hotlines that operate 24 hours a day; and (2) 36 liaison prosecutors under the Public Prosecutor’s Office who are trained in this area and can receive any complaint and process in the particular way that is needed.

The Committee also notes that: (1) ten temporary shelters (hogares de paso) in the country guarantee the protection and rehabilitation of children and young persons through a multidisciplinary approach that covers various aspects (health, recreation, sport, meals, and psychoemotional and psychosocial support) aimed at reintegrating them into a nuclear family; (2) between January and November 2023, four girls and one boy were placed in temporary shelters due to commercial sexual exploitation; and (3) between January and December 2023, 35 child victims of commercial sexual exploitation were registered through regional and municipal offices. The Committee also notes that, according to information available on the official website of the Attorney-General’s Office of the Dominican Republic, in 2024 the Public Prosecutor’s Office intervened and assisted eight adolescent victims of commercial sexual exploitation, with the aim of restoring their rights and helping to rebuild their lives.

The Committee also notes that, according to the Government’s report submitted to the Working Group on the Universal Periodic Review of the United Nations Human Rights Council, measures taken include the creation of a national system of shelters for victims of trafficking and publication of the Practical Guide for the Shelter and Reception of Victims of Trafficking, both designed to address the needs of different victim groups in a differentiated manner through a systematic and comprehensive approach to support and the provision of specialized services (A/HRC/WG.6/46/DOM/1,16 February 2024, paragraph 51). The Committee welcomes the measures adopted by the Government and requests it to continue to implement: (i) measures to guarantee free and accessible complaints mechanisms; and (ii) rehabilitation and social reintegration programmes for child victims of commercial sexual exploitation. The Committee also requests the Government to provide information on: (i) the number of child victims of commercial sexual exploitation who have been identified through the free hotlines; and (ii) the number of child victims of sexual exploitation referred to temporary shelters and regional and municipal offices, as well as the types of services provided for their rehabilitation and social reintegration.

The Committee is raising another matter in a request addressed directly to the Government.