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

The Committee notes the Government’s first and second reports. With reference to its previous observation, the Committee also notes the comments forwarded by the Government in reply to the matters raised in the communication of the International Confederation of Free Trade Unions (ICFTU), dated 30 September 2002.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes with interest that the Dominican Republic will participate in the ILO/IPEC Time-Bound Programme (TBP)on the worst forms of child labour. It also notes with interest that the Government has formulated a National Plan of Action for the elimination of the worst forms of child labour in the Dominican Republic. The Committee requests the Government to continue its efforts to secure the prohibition and elimination of the worst forms of child labour. The Committee also requests the Government to provide information on the implementation of the National Plan of Action referred to above and to provide a copy of it.

Article 3. Worst forms of child labour. Clause (a). Slavery and similar practices. Sale and trafficking of children for the purposes of prostitution. In its comments, the ICFTU indicates that the trafficking of human beings, including children, for prostitution is a serious problem in the Dominican Republic. The sex tourism industry involves a large number of children. The ICFTU adds that, despite the severe penalties set out in the national legislation for the trafficking of persons and the efforts made by the Government to eliminate this practice, the problem remains widespread.

The Committee notes the information provided by the Government that there are cases of children being offered for prostitution in the Dominican Republic. The Committee also notes the Government’s indication that the national legislation prohibits the sale and trafficking of children for prostitution. Section 25 of the Code for the Protection of the Rights of Boys, Girls and Young Persons, of 2003, prohibits the sale and prostitution of boys, girls and young persons. Under the terms of section 25(1) of the Code of 2003, the expression "the sale of boys, girls and young persons" means any act or transaction through which a boy, girl or young person is ceded by an individual or group of individuals in exchange for payment or any other form of remuneration. For this purpose, the offering, removal or receipt of a boy, girl or young person for the purposes of sexual exploitation, forced labour or any other occupation which is prejudicial to their personal integrity shall be penalized. Under the terms of section 25(2) of the Code of 2003, the expression "prostitution of boys, girls and young persons" means the use of these persons for sexual activities in exchange for a payment or any other form of remuneration. Furthermore, the Committee notes that, under the terms of section 3 of the Act No. 137-03 respecting the smuggling of migrants and the trafficking of persons, among other reasons for sexual exploitation, is prohibited, even with the consent of the victim. This provision also establishes sentences of imprisonment of from 15 to 20 years and a fine of 175 minimum wages. Moreover, sections 5 and 6 of Act No. 137-03 cover the attempted trafficking of persons and complicity in the trafficking of persons. The penalties established are the same as those to which those guilty of the trafficking of persons are liable. Under section 7(e) of Act No. 137-03, it is an aggravating circumstance if the victim of the trafficking of persons, attempted trafficking or complicity in the crime is under 18 years of age. In such cases, the sentence of imprisonment is increased by five years.

The Committee also notes that, according to the study entitled "Commercial sexual exploitation of young persons in the Dominican Republic", published in 2002 by ILO/IPEC, the children involved in the commercial sexual exploitation sector are aged between 10 and 17 years. The Committee further notes that, in its concluding observations on the initial report of the Dominican Republic in October 2001 (CRC/C/15/Add.150, paragraphs 47 and 48), the Committee on the Rights of the Child expressed concern at the absence of data and a comprehensive study on the issue of sexual commercial exploitation and the lack of implementation of the National Plan of Action to address this issue. It also expressed deep concern at the increase in the number of children in the Dominican Republic suffering from commercial sexual exploitation, apparently often related to sex tourism. The Committee on the Rights of the Child recommended the Government to undertake studies with a view to strengthening current policies, and measures, including care and rehabilitation policies, to prevent and combat the phenomenon. It also recommended the Government to take into account the recommendations formulated in the Agenda for Action adopted at the 1996 Stockholm World Congress against Commercial Sexual Exploitation of Children.

The Committee reminds the Government that, under the terms of Article 3(a) of the Convention, the sale and trafficking of children for sexual exploitation, including prostitution, are considered to be one of the worst forms of child labour, and that, in accordance with Article 1 of the Convention, each Member which ratifies it has to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. While the legislation is in conformity with the Convention on this point, the Committee notes that the sale and trafficking of young persons for the purposes of sexual exploitation is a problem in practice. The Committee requests the Government to renew its efforts to secure the effective application of the legislation on the protection of children against sale and trafficking for the purposes of sexual exploitation, including prostitution. The Committee further requests the Government to provide information on the application of sanctions in practice, including, for example, reports on the number of convictions.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that the Government has established the Inter-Institutional Commission against the Abuse and Commercial Sexual Exploitation of Boys, Girls and Young Persons. The Inter-Institutional Commission is composed of various institutions, including the National Council for Childhood and Adolescence, the Ministry of the Interior, the National Police, the Tourist Police, the General Directorate of Migration, UNICEF and the ILO. One of the functions of the Inter-Institutional Commission is to take action to combat and prevent the commercial sexual exploitation of boys, girls and young persons in the country. In 2002, the Inter-Institutional Commission formulated a Plan of Action on the abuse and commercial sexual exploitation of boys, girls and young persons in the Dominican Republic. The objectives of the Plan of Actionare to support the family as the fundamental core for the development of children; the strengthening of social responsibility and general awareness of the problem of the abuse and sexual exploitation of children; the improvement of national legislation, policies, programmes and basic and protection services; and the strengthening of the judicial system so as to improve the prosecution of persons engaged in the abuse of children or their sexual exploitation. The Committee requests the Government to provide information on the programmes of action established in the context of the above Plan of Actionand the results achieved.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes with interest that the ILO/IPEC Time-Bound Programme (TBP) on the worst forms of child labour will directly benefit around 2,600 young workers under 18 years of age, and will indirectly benefit other children at risk under 18 years of age and around 1,424 families. The TBP will focus on the following provinces: the capital, Duarte, La Vega, María Trinidad Sanchez, Mons. Nouel, Puerto Plata, Sanchez-Ramirez and Samaná. Furthermore, it concerns three of the worst forms of child labour in respect of which the Government has to take measures as a priority, namely the commercial sexual exploitation of children, hazardous work in the urban informal economy and hazardous work in agriculture.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes that, in the context of the TBP, 200 children are considered to be at risk of commercial sexual exploitation. The Committee requests the Government to provide information on the measures taken in the context of the TBP to protect these children. It also requests the Government to provide statistical data on the number of children who will in practice be prevented from being engaged in commercial sexual exploitation as a result of the implementation of the TBP.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes that the total number of children working in the commercial sexual exploitation sector is unknown. It also notes that, of the 2,600 children targeted by the TBP, 200 work in the commercial sexual exploitation sector. The Committee further notes that the TBP envisages economic alternatives for the families of children who are removed from the worst forms of child labour. Provision is made for rehabilitation and social integration of children removed from the activities concerned. The Committee requests the Government to provide information on economic alternatives and on the measures adopted to ensure the rehabilitation and social integration of children. It also requests the Government to provide statistical data on the number of children who are in practice removed from sexual exploitation in the context of the TBP.

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