Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the Government’s first and second reports. It requests the Government to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Slavery, debt bondage, serfdom and forced or compulsory labour. The Committee notes that, under article 8 of the Constitution, the State is responsible for the protection of human rights and the maintenance of measures for their progressive improvement in compliance with individual freedom and social justice, compatible with public order, general welfare and the rights of all persons. For this purpose, freedom of work is guaranteed. It also notes that, under the terms of Principle II of the Labour Code, everyone is free to devote themselves to any occupation or trade, industry or commerce authorized by the law. No one may prevent any person from working, nor oblige any person to work against their will. Furthermore, section 25 of the Code for the Protection of the Rights of Boys, Girls and Young Persons of 2003 prohibits the sale of boys, girls and young persons. Under the terms of section 25(1) of the Code of 2003, the expression "sale of boys, girls and young persons" means any act or transaction through which a boy, girl or young person is transferred by an individual or group of individuals in exchange for payment or any other form of remuneration. For this purpose, the offering, transfer or receipt of a boy, girl or young person for the purposes of forced labour or any other occupation which is harmful to their personal integrity shall be penalized.

2. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that, under section 30 of Act No. 873 respecting the armed forces of the Dominican Republic, enlistment in the armed forces is voluntary in peace time and compulsory in time of war or serious troubles relating to public order. Under the terms of section 31 of Act No. 873, to be a member of the armed forces, it is necessary to be over 16 years of age and under 21 at the date of enrolment. The Committee requests the Government to provide information on the age from which a young person may be obliged or forced to enlist in the armed forces in time of war or in serious troubles relating to public order.

Clause (b). 1. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that section 25 of the Code for the Protection on the Rights of Boys, Girls and Young Persons of 2003 prohibits the use of boys, girls and young persons for pornographic purposes. Under section 25(3) of the Code of 2003, the expression "the use of boys, girls and young persons for pornographic purposes" means any representation, by any means whatsoever, of boys, girls and young persons engaged in explicit sexual activities, whether real or simulated, or any representation of the genitals of boys, girls and young persons for purposes that are principally sexual.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that under section 58(1) of Act No. 50 respecting drugs and controlled substances, of 30 May 1988, illegal trafficking is considered to be a grave offence. It also notes that sections 59 to 75 of Act No. 50 prohibit: the trafficking of drugs and controlled substances; the sale and transfer of controlled pharmaceutical products; the cultivation of hemp plantations without authorization; and the unlawful import, production or distribution of controlled substances or pharmaceutical products containing such substances. The Committee further notes that under section 85(6) of Act No. 50, the use of minors to commit the offence of the illegal trafficking of drugs or controlled substances is an aggravating circumstance in the determination of the penalty. The Committee notes that section 85(6) refers to the term "minor" without determining the age of the persons concerned by this provision. In this respect, the Committee reminds the Government that the prohibition set forth in Article 3(c) of the Convention, namely upon the use, procuring or offering of a child for illicit purposes, applies to all persons under 18 years of age. Furthermore, it notes that section 85(6) only covers illegal trafficking, while young persons under 18 years of age may be used, procured or offered for other activities, including the production and sale of drugs. The Committee therefore requests the Government to indicate the age of the minors covered by section 85(6) of Act No. 50 respecting drugs and controlled substances, of 30 May 1988. The Committee also requests the Government to indicate whether the national legislation contains other provisions prohibiting the use, procuring or offering of young persons under 18 years of age for illicit activities, in particular for the production and trafficking of drugs and controlled substances.

Articles 3(d) and 4, paragraph 1. Types of hazardous work and the determination of the types of hazardous work. The Committee notes with interest the adoption of resolution No. 52/2004 respecting hazardous and unhealthy types of work for persons under 18 years of age. Under the terms of section 1, the expression "hazardous and unhealthy types of work for persons under 18 years of age" means activities or tasks which, by their nature or the circumstances in which they are carried out, are likely to harm the physical and mental health and integral development, or which may cause the death of the boy, girl or young person. Types of work which, by virtue of the risk that they involve, require special skills and knowledge for their performance, are also covered by this definition. Furthermore, section 2 of resolution No. 52/2004 sets out an extensive list of the types of hazardous work and tasks prohibited for persons under 18 years of age.

Article 4, paragraph 2. Identification of where the types of hazardous work exist. Noting that the Government has not provided any information on this paragraph, the Committee requests it to indicate the measures adopted or envisaged to identify where the types of hazardous work so determined exist and to describe the results of these measures.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes that, under section 433 of the Labour Code, the labour inspection services are responsible for ensuring the application of national labour legislation, particularly in relation to the matters set out in section 423(6) of the Labour Code, namely the protection of minors in relation to labour. Under the terms of section 434(1) of the Labour Code, labour inspectors are authorized to enter freely and without notice workplaces in which violations of the national labour legislation may be identified. The Committee notes that, under section 42 of the Code on the Protection of Boys, Girls and Young Persons, the Secretariat of State for Labour is responsible for labour inspection in relation to young persons. Labour inspectors have to visit workplaces periodically to ascertain whether young persons work there and, if so, whether the standards relating to their protection are complied with. In this respect, labour inspectors have to ascertain work whether: (a) the labour legislation does not prohibit the performance of the work by young persons; (b) the work does not prevent regular school attendance; and (c) the working conditions do not jeopardize the physical and mental health of the young persons and that their rights are respected. The Committee requests the Government to provide information on the outcome of the inspections undertaken in relation to the worst forms of child labour, particularly through the provision of extracts of reports and documents. Furthermore, it requests the Government to indicate whether consultations have been held with the organizations of employers and workers.

Article 7, paragraph 1. Penalties. The Committee notes that, in accordance with a joint reading of section 44 of the Code on the Protection of the Rights of Boys, Girls and Young Persons and sections 720 and 721 of the Labour Code, any person found guilty of the commercial use, prostitution or forced or compulsory labour of boys, girls and young persons shall be liable to a serious penalty which  may be a fine of between seven and 12 minimum wages. With regard to types of hazardous work, the Committee notes that section 6 of resolution No. 52/2004 on types of hazardous and unhealthy work for persons under 18 years of age, refers to section 721 of the Labour Code, which establishes a fine of from seven to 12 minimum wages.

Paragraph 2. Effective and time-bound measures. The Committee notes with interest that the Government will participate in the ILO/IPEC Time-bound Programme (TBP) on the worst forms of child labour. According to the information available to the Office, the TBP will directly benefit around 2,600 working children under 18 years of age, and will benefit indirectly other young persons at risk under 18 years of age and around 1,424 families. The TBP will be focused on the following provinces: the capital, Duarte, La Vega, María Trinidad Sánchez, Mons. Nouel, Puerto Plata, Sanchez-Ramirez and Samaná. Furthermore, it covers three of the worst forms of child labour, for which the Government has to take priority measures, namely the commercial sexual exploitation of young persons, hazardous work in the urban informal economy and hazardous work in the agricultural sector.

Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. Hazardous work. The Committee notes that the number of children considered to be at risk in the context of the TBP is as follows: 600 for types of hazardous work in the urban informal economy and 4,700 for types of hazardous work in the agricultural sector. The Committee requests the Government to provide information on the measures adopted in the context of the TBP for the protection of these young persons. It also requests the Government to provide statistical data on the number of young persons who are in practice prevented from being engaged in the worst forms of child labour as a result of the implementation of the TBP.

2. Strategic Plan for the development of education in the Dominican Republic (2003-12). The Committee notes that education is one of the Government’s priorities and that it has formulated a Strategic Plan for the development of education in the Dominican Republic (2003-12). It requests the Government to provide information on the impact of the Strategic Plan, particularly with regard to the enrolment of young persons withdrawn from the worst forms of child labour.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes that the total number of children engaged in types of hazardous work in the agricultural sector is estimated at 13,554, while the total number of young persons engaged in the types of hazardous work in the urban informal economy is unknown. The Committee notes that, of the 2,600 children targeted by the TBP, 300 are engaged in hazardous work in the urban informal economy and 2,100 are engaged in hazardous work in the agricultural sector. The Committee also notes that the TBP provides for economic alternatives for the families of children who are removed from the worst forms of child labour. Provision is also made for the rehabilitation and social integration of children removed from the activities concerned. The Committee requests the Government to provide information on the economic alternatives and on the measures adopted to ensure the rehabilitation and social integration of the young persons. It further requests the Government to provide statistics on the number of children who are in practice removed from their work in the context of the TBP.

Clause (c). Access to free basic education. Educational measures. With regard to the TBP, the Committee notes that educational measures are envisaged for the young persons who are removed from the worst forms of child labour concerned. Young persons from 5 to 14 years of age will be placed in primary schools, receive psycho-educational support and tutorial and educational assistance to help them succeed in their studies. The Committee requests the Government to provide information on the number of young persons who, after their removal from work, are in practice integrated into basic education or follow pre-vocational or vocational training.

Clause (d). Children at special risk. 1. HIV/AIDS. The Committee notes that, according to the Joint United Nations Programme on HIV/AIDS (UNAIDS), around 85,000 men and women between the ages of 15 and 49 years are infected by the virus or suffer from the symptoms of AIDS in the Dominican Republic. The number of children orphaned as a result of HIV/AIDS is, however, unknown. In 2003, there were around 7,900 deaths. The Committee notes that the consequences of HIV/AIDS on orphans include the increased risk of them being engaged in the worst forms of child labour. The Committee therefore requests the Government to provide information on the specific measures taken to improve the situation of these children.

2. Street children. In its concluding observations on the initial report of the Dominican Republic in October 2001 (CRC/C/15/Add.150, paras. 45 and 46), the Committee on the Rights of the Child expressed concern at the large number of children living and/or working in the street. The Committee on the Rights of the Child recommended the Government to develop a comprehensive policy to address this issue, particularly in the following areas: rehabilitation services for victims of physical and sexual and substance abuse; services for reconciliation with families; and finally education, vocational training and life-skills training. The Committee on the Rights of the Child also recommended the Government to cooperate and coordinate its efforts with civil society in this regard and to provide existing non-governmental programmes with more support. The Committee of Experts considers that children living in the street are particularly exposed to the worst forms of child labour. It therefore requests the Government to provide information on the measures adopted or envisaged, particularly with regard to the protection of children living in the street from the worst forms of child labour and for their rehabilitation and social integration.

Clause (e). Special situation of girls. The Committee requests the Government to indicate the manner in which it intends, in the context of the TBP, to accord special attention to the situation of girls and remove them from the worst forms of child labour.

Paragraph 3. Competent authority responsible for the implementation of the measures giving effect to the Convention. The Committee notes that Decree No. 144-97 of 24 March 1997 established the National Steering Committee against Child Labour. Under section 2 of Decree No. 144-97, the National Steering Committee is composed of the Secretary of State for Labour and representatives of the various Secretariats of State and of employers’ and workers’ organizations. Under section 3 of the Decree, the functions of the National Steering Committee against Child Labour include determining the nature of the activities and the areas in which the elimination of child labour has to be addressed and formulating projects to combat child labour. The Committee requests the Government to provide information on the activities of the National Steering Committee against Child Labour and to describe the methods by which it ensures the implementation of the provisions of the Convention.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that the Dominican Republic is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. According to the information available to the Office, the Government has formulated, in collaboration with the World Bank, a National Poverty Elimination Plan. Noting that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the impact of the National Poverty Elimination Plan on the elimination of the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that, according to the information available to the Office, a fairly high number of young persons engaged in the worst forms of child labour, as well as certain tourist regions, are not covered by the TBP. It requests the Government to indicate whether it intends to take measures to establish programmes to remove these children from their work and to extend the TBP to other regions. Furthermore, the Committee requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions, convictions and penal sanctions. To the extent possible, all information should be disaggregated by sex.