Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). Slavery and similar practices. Sale and trafficking of children for commercial sexual exploitation. In its previous comments, the Committee noted the observations made by the International Confederation of Free Trade Unions, now the International Trade Union Confederation (ITUC), to the effect that the trafficking of human beings, including children, for commercial sexual exploitation is 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 remains very widespread. In this respect, the Government recognized the existence in the country of cases in which children are offered for prostitution and indicated that the national legislation, namely the Code for the protection of the rights of boys, girls and young persons of 2003, and Act No. 137‑03 of 7 August 2003 respecting the smuggling of migrants and the trafficking of persons (hereinafter Act No. 137-03 of 7 August 2003), prohibits the sale and trafficking of children for prostitution. The Committee also noted 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. It requested the Government to step up its efforts to secure the effective enforcement of the legislation protecting children against sale and trafficking for sexual exploitation, and particularly prostitution, and requested it to provide information on the application of penalties in practice.

The Committee noted the information provided by the Government. It also noted that, according to the information available to the Office, 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”, legislative measures should have been adopted to amend Act No. 137-03 of 7 August 2003 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 indicated that it considered that the adoption of new legislation is bound to improve the protection in relation to the trafficking of children, particularly for commercial sexual exploitation, already established by the legal provisions currently in force in the Dominican Republic. It once again hopes that the reforms will be adopted in the near future and requests the Government to provide information on any progress achieved in this respect. The Committee once again encourages the Government to step up its efforts to secure in practice the protection of young persons under 18 years of age against sale and trafficking for commercial sexual exploitation and requests it to continue providing information on the imposition of penalties in practice including, for example, reports on the number of convictions.

Article 6. Programmes of action. National Plan for the Elimination of the Abuse and Commercial Sexual Exploitation of Boys, Girls and Young Persons. With reference to 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. It noted the activities envisaged by the Plan to combat commercial sexual exploitation in the country. The Committee once again requests the Government to provide information on the programmes of action established in the context of the National Plan referred to above and the results achieved.

Article 7, paragraph 2. Effective and time-bound measures. 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 has undertaken to adopt measures as a priority in the context of the ILO/IPEC Time-bound Programme (TBP) on the worst forms of child labour. The Committee noted with interest 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”, over 870 children should have been removed from commercial sexual exploitation or trafficking and around 850 children at special risk of this worst form of child labour should have been prevented from being engaged therein. Furthermore, over 1,000 children should benefit directly from this project.

Clause (a). Preventing the engagement of children in the worst forms of child labour. 1. TBP and ILO/IPEC regional project. Taking into account the information referred to above concerning the number of children who will be prevented from being engaged in commercial sexual exploitation or in trafficking for this purpose, the Committee once again requests the Government to provide information on the measures taken in the context of the TBP and the ILO/IPEC regional project to protect these children. It also once again requests the Government to provide statistical data on the number of children who will in practice be prevented from being engaged in this worst form of child labour as a result of the implementation of the TBP and the ILO/IPEC regional project in the Dominican Republic.

2. Other measures. The Committee noted that the ILO/IPEC regional project on the prevention and elimination of commercial sexual exploitation of children provides for the strengthening of national institutional capacities. The Committee considered that collaboration and the exchange of information between the various actors at the national and local levels concerned with the commercial sexual exploitation of children, such as government agencies, employers’ and workers’ organizations, non-governmental organizations and other civil society organizations, constitute indispensable measures to prevent and eliminate commercial sexual exploitation. The Committee once again requests the Government to provide information on the measures adopted for this purpose. As the country benefits from widespread tourist activity, the Committee also once again requests 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.

Clause (b). Assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. In its previous comments, the Committee requested the Government to provide information on the measures adopted to ensure the rehabilitation and social integration of children and the results achieved in removing children from commercial sexual exploitation or trafficking for this purpose as a result of the implementation of the TBP. It noted that the Government’s report does not contain any information on this subject. As the ILO/IPEC regional project envisages removing a greater number of children from this worst form of child labour, the Committee once again requests the Government to provide statistical data on the number of children who will in practice be removed from commercial sexual exploitation and trafficking for this purpose as a result of the implementation of the TBP and the ILO/IPEC regional project in the Dominican Republic. It also once again requests the Government to provide information on the economic alternatives envisaged and on the measures adopted to ensure the rehabilitation and social integration of children removed from the worst forms of child labour.

Article 8. International cooperation. 1. Commercial sexual exploitation. The Committee noted that the ILO/IPEC regional project on the prevention and elimination of the commercial sexual exploitation of children envisages the strengthening of horizontal collaboration between countries participating in the project. The Committee indicated that it considered that international cooperation between law enforcement agencies, particularly the judicial authorities and police forces, is indispensable to prevent and eliminate commercial sexual exploitation, and particularly the sale and trafficking of children for that purpose, through the compilation and exchange of information and through assistance to identify and prosecute the individuals involved and repatriate the victims. The Committee therefore once again hopes that, in the context of the implementation of the ILO/IPEC regional project on the prevention and elimination of the commercial sexual exploitation of children, the Government will take measures to cooperate with participating countries, thereby reinforcing security measures as a means of bringing an end to this worst form of child labour. It once again requests the Government to provide information on this subject.

2. Poverty reduction. With reference to its previous comments, the Committee noted that both the Strategic National Plan for the Elimination of the Worst Forms of Child Labour (2005–15) and the National Plan to Eliminate the Abuse and Commercial Sexual Exploitation of Boys, Girls and Young Persons envisage strategic measures for the reduction of poverty in the country. The Committee 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 once again requests the Government to provide information on the results achieved as a result of the implementation of the two Plans referred to above, 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 also addressing a direct request to the Government concerning other points.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.