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

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted that, under the terms of section 85(6) of Act No. 50 of 30 May 1988 respecting drugs and controlled substances, the use of minors to commit the offence of illegal trafficking of drugs or controlled substances is an aggravating circumstance in the determination of the penalty. It further noted that section 85(6) refers to the term “minor” without determining the age of the persons concerned by this provision. Noting the absence of information in the Government’s report, the Committee once again requests it to indicate in its next report the age of minors covered by section 85(6) of Act No. 50 of 30 May 1988 respecting drugs and controlled substances.

Article 6. Programmes of action. 1. Strategic National Plan for the Elimination of the Worst Forms of Child Labour (2006–16). The Committee noted with interest the adoption of the Strategic National Plan on the Elimination of the Worst Forms of Child Labour (Strategic National Plan). It noted that the Strategic National Plan included an overview of the measures to be taken to prohibit and eliminate the worst forms of child labour and that, for this purpose, the Government intended to involve all actors in society to achieve the objective. The Committee notes the Government’s indication that it is planning to strengthen the Child Labour Unit of the State Labour Department, which is in charge of coordinating the Strategic National Plan. It also notes that, according to the ILO–IPEC project “Encouraging a work-related enforcement culture” (2008–09), the Strategic National Plan includes the following objectives: awareness-raising; establishing a legal framework; combating the worst forms of child labour; protecting children; and ensuring better living conditions for families. It finally notes the Government’s indication that 17 action plans have been adopted to implement the Strategic National Plan. The Committee once again requests the Government to provide information on the implementation of this Strategic National Plan in its next report.

2. Developing a road map to make Central America, Panama and the Dominican Republic a child-labour free zone. The Committee notes with interest that the Dominican Republic in collaboration with ILO–IPEC launched the project “Developing a road map to make Central America, Panama and the Dominican Republic a child-labour free zone” (Road Map), which is a component of the project “Encouraging a work-related enforcement culture” (2008–09). The Road Map is the strategic national framework to achieve the objectives established in the Decent Work Hemispheric Agenda of eliminating the worst forms of child labour by 2015 and eliminating child labour by 2020. The Committee requests the Government to provide information on the implementation of the Road Map and results achieved.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing children from becoming engaged in the worst forms of child labour, removing them from these worst forms and ensuring their rehabilitation and social integration. Time-bound programme (TBP). The Committee previously noted that the target of the ILO–IPEC TBP on the worst forms of child labour was to directly benefit around 2,600 working children under 18 years of age and indirectly benefit other young persons under 18 years of age at risk and around 1,424 families in various provinces of the country.

The Committee notes the Government’s information that, under the first phase of the implementation of the TBP, 16,990 children were prevented from being engaged in, and 8,449 children were removed from, the worst forms of child labour. It further notes the Government’s indication that the target 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) was to prevent 2,200 girls, boys and adolescents from entering the worst forms of child labour and to withdraw 2,900 girls, boys and adolescents from the worst forms of child labour (total target is 5,100 children) through the provision of education, vocational training, medical assistance, legal assistance and other services. Moreover, 300 families are to receive assistance, including access to microcredit. The Committee also notes the Government’s information that nine programmes of action were carried out between 2007 and 2009 in the context of the TBP including: eradication of child labour in the streets and marginal areas of San Cristóbal; contribution to the eradication of hazardous work in the garbage dumps of Rafey, Municipality of Santiago; and preventing and eliminating hazardous work in the province of San Juan.

The Committee further notes that, according to the technical progress report of September 2009 of the TBP, phase II, 2,371 children were prevented from, and 3,171 children were removed from, the worst forms of child labour through the provision of educational services or training opportunities. Moreover, according to the same report, 4,736 child beneficiaries of direct action programmes received non-formal education services through the “Salas de Tarea”; 140 received vocational training; 60 children received legal assistance; 814 counselling services; and 988 health services. Regarding direct services providing incentives, 1,327 child beneficiaries received nutrition services; 2,471 children received uniforms and 3,436 children received notebooks and school supplies; and 89 children received stipends, mostly to attend training and workshops. Finally, direct services provided to adult members of families included: 189 vocational or training services; participation in income-generating activities (19 adults); medical check-ups (562 adults); and other services (147 adults). The Committee welcomes the measures taken by the Government with the assistance of ILO–IPEC and requests it to continue to take effective and time‑bound measures to prevent children from becoming engaged in the worst forms of child labour as well as to remove them from these worst forms of child labour and ensure their rehabilitation and social integration. It also requests the Government to provide information on results achieved in this regard.

Clauses (a) and (c). Access to free basic education. The Committee previously noted that, in the context of the implementation of the TBP, educational measures were envisaged for children who were removed from the worst forms of child labour. Accordingly, children between the ages of 5 and 14 years were to be placed in primary schools, receive psycho-educational support and educational assistance to help them succeed in their studies.

The Committee notes that, according to the technical progress report of September 2009 on the TBP, phase II, 99 per cent of all children reached through direct action executed by the implementing agencies at the local level were enrolled in formal schooling. It also notes that one of the objectives of the Road Map is ensuring education to all children, and particularly to those who work or who are at risk of being involved in work which hampers their right to education. Moreover, according to the Road Map, one of the objectives of the Decennial Educational Plan 2008–18 is to remove children from the worst forms of child labour and ensure their right to education. According to the same source, the
ILO–IPEC project “Eliminating the worst forms of child labour through education”, which terminated in 2007, succeeded in preventing 5,053 children and adolescents from engaging in child labour, or removed them therefrom and rehabilitated them or kept them in formal education. A new phase of the project is being implemented, which targets 10,000 children and adolescents. The Committee finally notes that, according to the 2008 Findings on the Worst Forms of Child Labour in Dominican Republic, available at the website of the Office of the High Commissioner for Refugees (www.unhcr.org), the Government is part of a four-year project implemented by DevTech Systems, that seeks to withdraw and prevent 8,500 children from exploitative labour by improving the quality of, and ensuring access to, basic and vocational education. The Committee requests the Government to provide information on the implementation of the educational plans and measures referred to above, particularly with regard to the number of children who have been enrolled in basic education or have followed pre‑vocational or vocational training as a way to prevent them from being involved in the worst forms of child labour, as well as on the number of children who, after their removal from work, have in practice been integrated into basic education or have followed pre-vocational or vocational training.

Clause (d). Children at special risk. 1. HIV/AIDS. In its previous comments, the Committee noted 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 were infected by the virus or suffered from AIDS symptoms in the Dominican Republic. It also noted that the number of children orphaned as a result of HIV/AIDS was, however, unknown and that in 2003 there were around 7,900 deaths from the virus. The Committee notes that, according to the information contained in the report on the global AIDS epidemic published by UNAIDS in May 2008, the number of men and women infected by the virus or showing symptoms of the disease has declined and is around 62,000. The Committee notes that, in its concluding observations of 11 February 2008, the Committee on the Rights of the Child (CRC) (CRC/C/DOM/CO/2, paragraph 65) took note of the significant improvements of the National Response to HIV/AIDS under the new leadership of the Presidential AIDS Council (COPRESIDA), including a policy on HIV/AIDS and children launched in May 2007. Noting that no information is contained in the Government’s report on this point, the Committee once again requests the Government to provide information on the specific measures taken to improve the situation of child orphans of HIV/AIDS in its next report.

2. Street children. The Committee previously noted the concluding observations of the CRC on the initial report of the Dominican Republic in October 2001 (CRC/C/15/Add.150, paragraphs 45 and 46), in which it expressed concern at the large number of children living and/or working in the street.

The Committee notes the Government’s information that “Outlines of policies for the protection of street children 2007–12” have been elaborated by the National Council on Children and Adolescents (CONANI). It notes that, according to the Road Map, these policies establish six goals, two of which concern the worst forms of child labour: mobilizing the community for preventing new cases of children involved in the worst forms of child labour; and increasing resources for assisting children and adolescents and reducing the risks related to the worst forms of child labour in the street. According to the Road Map, plans of action to implement these policies are being elaborated. The Committee further 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. “Solidaridad” helps families in situations of extreme poverty by providing them with allowances, subject to certain conditions, one of which is that children between 6 and 16 years stop working in the streets and attend school. The Committee further notes that, in the context of the Road Map, the coverage of “Solidaridad” is planned to increase by 2020 as a way to fight poverty and prevent and progressively eradicate child labour and eliminate its worst forms. The Committee requests the Government to provide information on the number of children removed from the streets and given education pursuant to the implementation of the Policies for the protection of street children 2007–12 and the “Solidaridad” programme.

Parts IV and V of the report form. Application of the Convention in practice. 1. Extension of measures adopted for the removal of children from the worst forms of child labour. In its previous comments, the Committee noted that, in the context of the TBP, the Government had decided to take measures as a matter of priority for the following three worst forms of child labour: the commercial sexual exploitation of children; hazardous types of work in the informal urban sector; and hazardous work in the agricultural sector. The Committee noted that, according to the information available to the Office, a fairly high number of children engaged in the worst forms of child labour and in certain tourist regions were not covered by the TBP. Noting that no information on this point is contained in the Government’s report, the Committee once again requests the Government to indicate in its next report whether, in the context of the implementation of the Strategic National Plan for the Elimination of the Worst Forms of Child Labour in the Dominican Republic (2006–16), it is envisaged to extend the measures adopted for the removal of children from the worst forms of child labour to other types of work and other regions.

2. Statistical data. Following its previous comments, the Committee notes that, according to the Road Map, statistics do not capture the extent and characteristics of the worst forms of child labour. In this regard, it notes that one of the objectives of the Road Map is to establish a national system of information on child labour and its worst forms, which will provide for updated data and follow-up to the policies and actions established by the Government. The Committee also notes the Government’s information that a modular indicator on child labour has been included in the National Household Survey (ENHOGAR) of the National Statistical Office. In this regard, it notes that, according to the technical progress report of September 2009 on the TBP, phase II, a second survey on child labour – the first since 2000 – was to be undertaken by the National Statistical Office at the end of 2009. The Committee further notes the Government’s information that a child labour indicator for children between 5 and 17 years has been included in the study of the Central Bank. The Committee however, also notes that the CRC, in its concluding observations of 11 February 2008 (CRC/C/DOM/CO/2, paragraph 21), while noting the significant progress made by the National Statistical Office in establishing an improved system of data collection on children and the establishment by CONANI of a system for gathering data related to its areas of expertise, was concerned, inter alia, at the lack of data about the commercial sexual exploitation of children. The Committee requests the Government to redouble its efforts to ensure that, in the context of the implementation of the Road Map, statistics on the incidence of the worst forms of child labour, including the commercial sexual exploitation of children, are made available. In this regard, it requests the Government to provide 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 reported, investigations conducted, prosecutions and convictions and the penal sanctions applied. To the extent possible, all information supplied should be disaggregated by sex and age. It finally requests the Government to supply a copy of the most recent survey on child labour carried out by the National Statistical Office, once it is finalized.