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

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

Other comments on C138

Observation

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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.