Observación (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Articles 3(a) and 7(1), of the Convention. Sale and trafficking of children for commercial sexual exploitation, and penalties. In its previous comments, the Committee noted the observations made by the International Trade Union Confederation (ITUC), to the effect that the trafficking of human beings, including children, for commercial sexual exploitation, was a serious problem in the Dominican Republic, particularly in the tourist industry. The ITUC added 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 remained very widespread. The Committee noted that, according to the 2002 ILO–IPEC study entitled “Commercial sexual exploitation of young persons in the Dominican Republic”, the children involved in the commercial sexual exploitation sector were aged between 10 and 17 years. It noted that the Dominican legislation prohibits the sale and trafficking of children for the purposes of sexual and economic exploitation. The Committee also noted that, in the context of the ILO–IPEC Regional Project entitled “Participation in preventing and eliminating the commercial sexual exploitation of children in Central America, Panama and the Dominican Republic” (Regional Project against CSEC), legislative measures were to be adopted to amend Act No. 137-03 of
7 August 2003 on the smuggling of migrants and the trafficking of persons and the Penal Code with a view to reflecting accurately the content of international instruments on the trafficking of persons, including trafficking for commercial sexual exploitation.

The Committee notes the Government’s information that the review of the Penal Code is being carried out in order to penalize clients and intermediaries of sale and trafficking and commercial sexual exploitation and establish new minimum penalties for commercial sexual exploitation. Moreover, Act
No. 137-03 is also being revised.

The Committee notes that the 2009 Report on Trafficking in Persons in the Dominican Republic (Trafficking Report), available on the Office of the High Commissioner for Refugees web site (www.unhcr.org), indicates that the Dominican Republic is a source, transit and destination country for men, women and children trafficked for the purposes of commercial sexual exploitation and forced labour. A significant number of women, boys and girls are trafficked within the country for forced prostitution and domestic servitude. In some cases, parents push children into prostitution to help support the family. Child sex tourism is a problem, particularly in coastal resort areas, with child sex tourists arriving year round from various countries, particularly Spain, Italy, Germany, Canada and the United States and reportedly numbering in the thousands. Haitian nationals, including children, who voluntarily migrate illegally to the Dominican Republic, may subsequently be subjected to forced labour in the service, construction and agricultural sectors. According to the same source, notwithstanding trafficking investigations continued during 2008, since 2007 there have been no convictions on trafficking charges under Act No. 137-03 and the Government did not show evidence of progress in prosecuting and punishing trafficking offenders. Moreover, according to the 2010 Interim Assessment for the Trafficking Report, also available at the website of the Office of the High Commissioner for Refugees (www.unhcr.org), the Government has made limited progress in combating trafficking in persons since the release of the 2009 Report. The Attorney General’s Office did not report any efforts to prosecute trafficking offenders and no trafficking cases were identified. The Committee finally notes that, according to the United Nations Office on Drugs and Crime (UNODC) 2009 Global Report on Trafficking in Persons, a human trafficking division within the national police was established in January 2008 to investigate cases of human trafficking. In addition, the Anti-Trafficking Unit of the Attorney-General’s office is tasked with investigating and prosecuting human trafficking and related crimes. Between 2007 and 2008, the human trafficking division investigated five cases of trafficking in persons, none of which involved children.

The Committee expresses its concern at the persistence of the problem of trafficking of children for commercial sexual exploitation and forced labour in the country as well as at the limited anti-trafficking law enforcement efforts to address the issue. The Committee therefore urges the Government to redouble its efforts to strengthen the capacity of law enforcement agencies in order to ensure that persons who traffic in children for the purposes of sexual or labour exploitation are in practice prosecuted, and that sufficiently effective and dissuasive penalties are imposed. It also requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for violations of the legal prohibitions on the sale and trafficking of children. To the extent possible, all information provided should be disaggregated by sex and age. It finally hopes that the review of the provisions of the Penal Code and of Act No. 137-03 on trafficking and commercial sexual exploitation will be completed in the very near future and requests the Government to provide information in this regard.

Article 6. Programmes of action. 1. Trafficking. National Plan against Trafficking. The Committee notes the Government’s information that the inter‑agency National Commission Against Trafficking elaborated the National Plan against Trafficking. It requests the Government to provide information on the programmes of action established in the context of the National Plan against Trafficking and the results achieved in terms of the elimination of the trafficking of children.

2. Commercial sexual exploitation. National Plan for the Elimination of the Abuse and Commercial Sexual Exploitation of Boys, Girls and Young Persons. In its previous comments, the Committee noted with interest the National Plan for the Elimination of the Abuse and Commercial Sexual Exploitation of Boys, Girls and Young Persons (National Plan against CSEC) and the activities envisaged therein to combat commercial sexual exploitation in the country. The Committee notes that, according to the ILO–IPEC project “Developing a road map to make Central America, Panama, and the Dominican Republic a child-labour free zone” (Road Map), among the achievements of the National Plan against
CSEC 2003–13, assistance is offered by the National Council on Children and Adolescents (CONANI) to child and adolescent victims of commercial sexual exploitation. The Committee requests the Government to continue to take measures in the framework of the implementation of the National Plan against CSEC and to provide information on results achieved in terms of the elimination of the commercial sexual exploitation of children.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing children from becoming engaged in the worst forms of child labour. Commercial sexual exploitation. 1.  Time-bound Programme (TBP) and ILO–IPEC Regional Project. In its previous comments, the Committee noted that the commercial sexual exploitation of children was one of the worst forms of child labour in respect of which the Government had undertaken to adopt measures as a priority in the context of the ILO–IPEC TBP on the worst forms of child labour.

The Committee notes that various measures have been adopted, both in the context of the ILO–IPEC project “Supporting the Time-bound Programme for the Elimination of the Worst Forms of Child Labour in the Dominican Republic – Phase II (2006–09)” (TBP, phase II), and in the context of the ILO–IPEC Regional Project against CSEC, to raise awareness on the commercial sexual exploitation of children. It also notes that, according to the technical progress report of September 2009 on the TBP, phase II, 56 children have been prevented from commercial sexual exploitation through the provision of educational services or training opportunities. The Committee requests the Government to continue to take measures to prevent the engagement of children in commercial sexual exploitation and to provide information in this regard.

2. Tourist industry. In its previous comments, the Committee noted that the ILO–IPEC Regional Project against CSEC provides for the strengthening of national institutional capacities. It requested the Government to provide information on the measures adopted for this purpose. As the country benefits from widespread tourist activity, the Committee also requested the Government to indicate whether measures have been taken to raise awareness among actors directly related to the tourist industry, such as associations of hotel owners, tourist operators, unions of taxi drivers and owners of bars, restaurants and their employees.

The Committee notes that, according to the final technical progress report of July 2009 of the ILO–IPEC Regional Project against CSEC, major institutional coordination has been promoted by providing specialized technical assistance to the Inter-institutional Commission against Abuse and Commercial Sexual Exploitation of Children. Moreover, human resources at key institutions (childcare institutions, police, district attorneys and judges) were trained for the improvement of programmes for child victims through training workshops and education materials. The Committee notes the Government’s information that a project against commercial sexual exploitation in Las Terrenas is being carried out. It further notes the Government’s information that an ethical code for the tourism sector is being implemented and that awareness-raising activities on commercial sexual exploitation have been carried out in the tourist industry. The Committee requests the Government to continue to take measures to raise awareness among actors directly related to the tourist industry and to provide information in this regard. It also asks the Government to provide information on the results of the project against commercial sexual exploitation in terms of preventing the commercial sexual exploitation of children.

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. Following its previous comments, the Committee notes that, according to the technical progress report of September 2009 on the TBP, phase II, 80 children have been removed from commercial sexual exploitation through the provision of educational services or training opportunities. The Committee requests the Government to continue to take measures to provide the necessary and appropriate direct assistance for the removal of children from commercial sexual exploitation and for their rehabilitation and social integration. The Committee also requests the Government to indicate whether reception centres for child victims of commercial sexual exploitation have been established in the country, with an indication of the number of children actually received by such centres; and whether specific medical and social follow-up programmes have been formulated and implemented for child victims of commercial sexual exploitation.

Article 8. International cooperation. 1. Commercial sexual exploitation. In its previous comments, the Committee noted that the ILO–IPEC Regional Project against CSEC envisaged the strengthening of horizontal collaboration between countries participating in the project. The Committee notes that, according to the final technical progress report of July 2009 of the ILO–IPEC Regional Project against CSEC, horizontal collaboration between countries participating in the project was strengthened, inter alia, through: developing a regional database with approximately 400 institutions working on the theme of commercial sexual exploitation of children; exchanging information between district attorneys and police officers on sexual crimes and experiences in police investigation methods; and supporting the stakeholders concerned (such as migration offices, the Commission of Central American Chiefs of Police and the INTERPOL Subregional Office) in the common fight against trafficking of children. The Committee requests the Government to continue to take measures to cooperate at the regional and international levels in order to eliminate the commercial sexual exploitation of children. It also requests it to provide information on further measures taken in this regard and results achieved.

2. Poverty reduction. The Committee previously noted that both the Strategic National Plan for the Elimination of the Worst Forms of Child Labour (2006–16) and the National Plan against CSEC envisaged strategic measures for the reduction of poverty in the country. It also noted that, according to the statistical data provided by the Government, around 60 per cent of minors under 14 years of age lived in poverty in 2001.

The Committee notes with interest the Government’s information that the conditional cash transfer programme “Solidaridad”, which is one of the programmes implementing the national strategy to reduce poverty (Social Protection Network), has been launched. It notes the Government’s information that “Solidaridad” signed a cooperation agreement with ILO–IPEC in order to link the activities of “Solidaridad” with the ongoing ILO–IPEC programmes of action in the country. The Committee further notes that fighting poverty as a way to prevent and progressively eradicate child labour and eliminate its worst forms is one of the objectives of the Road Map. As a way to achieve this objective, the coverage of “Solidaridad” is projected to increase by 2020 and priority is to be given to poorest families with children under 18 years at risk of being involved or involved in the worst forms of child labour. In particular, the number of poor families who are beneficiaries of “Solidaridad” is projected to increase from 409,696 in 2009 (37.55 per cent of the total number of families in situations of poverty) to 700,000 in 2020 (87.5 per cent ), and the total number of families who are beneficiaries with children from 6 to 16 years is projected to increase from 427,116 in 2009 to 891,656 in 2020. The Committee requests the Government to provide information on the results of the implementation of the “Solidaridad” programme and the ILO–IPEC project Road Map, particularly in terms of the effective reduction of poverty among children removed from commercial sexual exploitation and from sale and trafficking for this purpose.

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