Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Minimum Age Convention, 1973 (No. 138) - Dominican Republic (Ratification: 1999)

Article 2, paragraph 2, of the Convention. Raising the minimum age for admission to employment or work. With reference to its previous comments, the Committee notes the Government’s indication that it is impossible for the time being to raise the minimum age for admission to work.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that, according to UNICEF statistics from 2006, the net school attendance rate at primary level is 88 per cent for girls and 84 per cent for boys, and at secondary level 39 per cent for girls and 27 per cent for boys. It also notes that, according to the information contained in the Education For All Global Monitoring Report entitled Education For All by 2015: Will we make it?, published by UNESCO in 2008, the goals on Education For All and gender parity, in both primary and secondary education, will not be achieved by 2015. Furthermore, the repetition rate, particularly in primary schools, has increased. However, the Committee notes that, according to the information contained in the UNESCO report, the Government has adopted an action plan on education.

While noting that the net rate of school attendance at the primary level is relatively high, the Committee expresses concern at the low net rate of school attendance at the secondary level and at the fact that the rate of repetition at the primary level has increased. The Committee also expresses concern at the fact that the country will not achieve the goals on Education For All and gender parity by 2015. It points out that poverty is one of the prime causes of child labour and when it combines with a deficient education system, it hampers children’s development. Considering that compulsory education is one of the most effective ways of combating child labour, the Committee urges the Government to step up efforts to improve the operation of the education system in the country and to take measures to enable children to attend compulsory basic education or be integrated into an informal school system. In this regard, it requests the Government to provide information on the measures taken, in particular in the context of the action plan on education, to increase the rate of school attendance, in particular at the secondary level, prevent children below 14 years of age from working, improve gender parity and reduce the repetition rate among pupils at the primary level. The Committee requests the Government to provide information on the results achieved.

Article 3, paragraph 3. Authorization to employ children in hazardous work from the age of 16 years. The Committee previously noted that, under the terms of section 3 of Resolution No. 52/2004 on work which is hazardous and unhealthy for persons under 18 years of age (Resolution No. 52/2004), minors aged from 16 to 18 years may be employed in some of the jobs contained in the list of hazardous and unhealthy types of work prohibited for persons under 18 years of age. It also noted that section 6 of Resolution No. 52/2004 establishes conditions for the employment of minors aged between 16 and 18 years which are consistent with Article 3, paragraph 3, of the Convention. However, the Committee noted that section 251 of the Labour Code forbids minors under 16 years of age from performing hazardous or unhealthy work. It observed that this provision of the Labour Code is vague and establishes neither the conditions under which minors over 16 years of age may perform hazardous work nor the requirements for their protection and training. In this regard, the Government indicated that a proposal to amend section 251 of the Labour Code was to be submitted to the social partners for discussion. The Committee requested the Government to provide information on any developments in this regard.

The Committee notes that the Government’s report does not contain any information on this matter. It reminds the Government that Article 3, paragraph 3, of the Convention permits employment or work in hazardous work from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instructions or vocational training in the relevant branch of activity. The Committee expresses the firm hope that discussions on the amendment of section 251 of the Labour Code will take place and that, in the context of those discussions, the comments mentioned above will be taken into account in order to bring this provision into conformity with the Convention on this matter. It requests the Government to provide information on any developments in this regard.

Article 5. Limitation of the scope of application of the Convention to certain branches of economic activity. In its previous comments, the Committee noted the efforts made by the Government, in collaboration with the ILO/IPEC, in relation to domestic work by children and encouraged it to envisage extending the scope of the Convention to include this type of work. The Committee notes once again the Government’s indication that it will convene the Labour Advisory Council in order to submit to the social partners the possibility of extending the scope of the Convention to other branches of economic activity. The Committee once again requests the Government to indicate whether discussions have been held on this matter and, if so, to provide information on the resulting recommendations and conclusions.

Article 9, paragraph 3. Employers’ registers. The Committee previously noted that neither the Labour Code nor its implementing regulations contain any provisions on employers’ registers. In this regard, the Government indicated that the Labour Department of the Secretariat of State for Labour has control over registers of working minors. Noting that the Government does not provide any new information in its report, the Committee once again requests it to provide a copy of the register kept by the Labour Department of the Secretariat of State for Labour.