Selected Child Labor Measures Adopted by Governments
| Ratified Convention 138 6/15/1999 |
X |
| Ratified Convention 182 11/15/2000 |
X |
| ILO-IPEC Member |
X |
| National Plan for Children |
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| National Child Labor Action Plan |
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| Sector Action Plan |
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Incidence and Nature of Child Labor
The Dominican State Department of Labor estimated that 14.5 percent of children ages 5 to 14 years were working in the Dominican Republic in 2000.[1319] Many of these children work in agriculture;[1320] Haitian and Dominican children participate in the planting and cutting of sugarcane.[1321] Children also work as street vendors and shoe shiners.[1322] Some children also work as domestic servants in homes of third parties.[1323] Children from poor families are sometimes “adopted” into the homes of other families, often serving under a kind of indentured servitude, while other poor and homeless children are sometimes forced to beg and sell goods on the streets.[1324]
The commercial sexual exploitation of children is reported to be a problem in urban areas, as well as in tourist locations throughout the country including Boca Chica, Puerto Plata and Sosua.[1325] According to a study published by UNICEF and the National Planning Office in 1999, 75 percent of minors involved in prostitution were working in brothels, discos, restaurants, and hotels.[1326] There are reports that women and children are trafficked to, from, and within the Dominican Republic, particularly for the purpose of commercial sexual exploitation.[1327] There are also reports that poor children are trafficked internally to work as domestics.[1328] Haitian children are reportedly trafficked to the Dominican Republic[1329] to work as prostitutes, shoe shiners, street vendors, in agriculture, and to beg in the streets.[1330] There are also reports that young Dominican girls are trafficked to Haiti to work as prostitutes.[1331]
Formal basic education is free and compulsory for 8 years.[1332] In 2001, the gross primary enrollment rate was 126.1 percent and the net primary enrollment rate was 97.1 percent.[1333] Gross and net enrollment ratios are based on the number of students formally registered in primary school and therefore do not necessarily reflect actual school attendance. Recent primary school attendance statistics are not available for the Dominican Republic. Also in 2001, the repetition rate was 5.9 percent.[1334] As of 1998, 75.1 percent of children who started primary school were likely to reach grade 5.[1335] In rural areas, schools often lack basic furnishings and teaching materials, and schools are far from children's homes. In many cases, school fees and the cost of uniforms, books, meals, and transportation make education prohibitively expensive for poor families.[1336] Haitian children living in the Dominican Republic experience difficulties in attending primary school due to their unofficial status and lack of proper documentation necessary for enrollment into school.[1337] Children without birth certificates, including Haitian children, can only attend school through the fifth grade.[1338]
Child Labor Laws and Enforcement
The Labor Code sets the minimum age for employment at 14 years, and places restrictions on the employment of youth between the ages of 14 and 16.[1339] Youth under 16 may not work more than 6 hours a day, and must have a medical certificate in order to work.[1340] They are restricted from performing night work and from working more than 12 hours consecutively. Youth under 16 are also prohibited from performing ambulatory work, including delivery work, or work in establishments that serve alcohol.[1341] Article 254 of the Labor Code requires employers to ensure that minors continue their schooling.[1342]
Forced and bonded labor is prohibited under the law.[1343] Articles 410 and 411 of the 2003 Code for the Protection of Children and Adolescents criminalize child prostitution and child pornography.[1344] The code includes penalties of 20 to 30 years of imprisonment, as well as fines, for sexually abusing children.[1345] Seven businesses that promoted prostitution and sex tourism with minors have been closed down, and several ranking diplomats have been fired for suspected complicity in trafficking activities since the code’s enactment. Some child trafficking arrests have also been made, but prosecutions are pending.[1346]
The Ministry of Labor is responsible for enforcing child labor laws in coordination with the National Council for Children and Adolescents.[1347] Nationwide, 220 labor inspectors[1348] are charged with the enforcement of child labor laws in the formal sector, health and safety legislation, and the minimum wage. Article 720 of the Labor Code imposes penalties on child labor violators, which include fines and jail sentences.[1349]
In August 2003, the Government of the Dominican Republic promulgated an anti-trafficking law, which outlines measures to be taken by government institutions on protection, prosecution, and prevention efforts against trafficking. The new law prohibits all severe forms of trafficking and includes penalties of 15 to 20 years imprisonment for convicted traffickers.[1350] The Office of the Attorney General and the National Police are responsible for enforcing commercial sexual exploitation and trafficking laws.[1351] However, the government has limited resources for training of police, prosecutors, and judges for combating trafficking.[1352] According to the U.S. Department of State, the government also lacks effective trafficking law enforcement and victim protection programs.[1353]
Current Government Policies and Programs to Eliminate the Worst Forms of Child Labor
The Government of the Dominican Republic, especially the Ministry of Labor, has been supportive of efforts to combat child labor through political and financial commitments. The Dominican Republic is currently participating in several projects funded by USDOL to eliminate the worst forms of child labor in the country.[1354] The Government of the Dominican Republic is participating in a national Timebound Program to eliminate the worst forms of child labor within a specific timeframe. This project began in September 2002, and targets children working under hazardous conditions in agriculture, in the urban informal sector, and engaged in commercial sexual exploitation.[1355] The government is also participating in a Child Labor Education Initiative Program aimed at improving quality and access to basic education, in support of the Timebound Program’s efforts.[1356] It is also involved in two ILO-IPEC regional projects to combat child labor in the coffee and tomato sectors,[1357] and a regional Child Labor Education Initiative Program aimed at strengthening government and civil society’s capacity to address the educational needs of working children.[1358] With funding from the Government of Canada and other donors, ILO-IPEC is conducting a survey on child labor in the tobacco sector,[1359] and a project in Santo Domingo and Santiago aimed at collecting information, raising awareness, and providing direct services to children involved in domestic work in the homes of third parties.[1360]
In August, the Ministry of Labor issued a resolution outlining a list of activities considered as the worst forms of child labor in the Dominican Republic.[1361] In addition, the Ministry of Labor, the National Workers’ Confederation, and the Association of Dominican Free Trade Zones signed a protocol of understanding to encourage the adherence of labor laws in free trade zones. This protocol includes a provision prohibiting child labor.[1362]
In support of the anti-trafficking legislation adopted in August 2003, the USAID Mission in the Dominican Republic is providing training to victim protection agencies, as well as justice sector and other government officials.[1363] In cooperation with the Association of Hotels, the Inter-institutional Commission to Prevent and Eliminate Commercial Sexual Exploitation launched a media campaign warning potential abusers of the penalties for the commercial sexual exploitation of minors.[1364] In addition, the Inter-institutional Commission to Prevent and Eliminate Commercial Sexual Exploitation, including the Department of the Tourist Police and the Armed Forces, began an orientation program for adolescent victims of commercial sexual exploitation.[1365] The Ministry of Education has recently trained 3,000 teachers in high-risk areas on the prevention of commercial sexual exploitation.[1366] In the last year, Dominican tourist offices located in Europe, as well as the Hotel and Restaurant Associations, disseminated information on sex tourism.[1367] With funding from the U.S. Department of State, the IOM is providing a recently created Network of Journalists Covering Stories on Trafficking, Smuggling, and Irregular Migration (made up of 17 print, radio, and television journalists) with technical and financial assistance.[1368] In February 2004, the IOM launched a countrywide radio soap opera series that depicts the real-life stories of 10 trafficking victims,[1369] and sponsored seminars for more than 120 prosecutors and police officers on the new law against trafficking.[1370]
The new 10-year Strategic Development Plan for Dominican Education (2003-2012) supports ongoing efforts to improve access, retention, and the quality of education, including preschool education.[1371] With support from UNICEF, the IDB, and Plan International, the Ministry of Education is expanding the Innovative Multi-Grade School Project to provide instruction to children in two or more grades in one classroom.[1372]
The Government of the Dominican Republic also has several sources of external funding to improve access to and quality of basic education. These projects include a World Bank USD 42 million loan to increase the number of preschools and provide teacher training.[1373] The IDB is also supporting projects, such as a USD 54 million loan program, to improve coverage of the second cycle of basic education, introduce better pedagogic methodologies in multi-grade schools, increase the internal efficiency of basic education, expand the hours of schooling, and modernize the training of basic education teachers.[1374] Another IDB project aims to improve the educational achievement of children in rural and marginal urban areas; enhance the management of schools; and promote initiatives developed under the Educational Development Plan.[1375] Currently, the government is providing a USD 17 monthly stipend to poor mothers who keep their children in school and out of work. The government also provides free school breakfasts, nationwide, in order to promote attendance.[1376] In August 2004, the U.S. Department of Agriculture announced that it will provide funds for agricultural commodities for school meals in the Dominican Republic.[1377]
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