VZCZCXYZ0136
OO RUEHWEB

DE RUEHDG #0061/01 0501504
ZNR UUUUU ZZH
O R 191504Z FEB 10
FM AMEMBASSY SANTO DOMINGO
TO RUEHC/DEPT OF LABOR WASHINGTON DC IMMEDIATE
RUEHC/SECSTATE WASHDC IMMEDIATE 0799
INFO RUEHDG/AMEMBASSY SANTO DOMINGO

UNCLAS SANTO DOMINGO 000061 
 
SENSITIVE 
SIPDIS 
DOL/ILAB LEYLA STROTKAMP, RACHEL RIGBY, TINA MCCARTER 
DEPT FOR DRL/ILCSR FOR SARAH MORGAN 
DEPT FOR G/TIP LUIS CDEBACA 
 
E.O. 12958: N/A 
TAGS: ELAB EIND ETRD KTIP PHUM SOCI DR
SUBJECT: Dominican Republic: Information on Child Labor and Forced 
Labor for DOL Congressional Reporting Requirements 
 
REF: A) 09 STATE 131997; B) 08 SDO 00887; C) 09 SDO 00547 
 
¶1.  Persuant to ref A, this is Post's response to a Department of 
Labor request for a list of goods that may have been produced with 
child or forced labor in the Dominican Republic as mandated by the 
2005 Trafficking Victims Protection Reauthorization Act (TVPRA). 
Although child labor remains a significant problem in several 
sectors, the Government of the Dominican Republic (GoDR) supported 
programs and efforts to eliminate and protect children from the 
worst forms of child labor.  To strengthen this commitment, the 
Ministry of Labor (MOL) designated a Vice-Minister of Labor to work 
on eliminating child labor in all areas of the Dominican economy. 
In January 2008, the MOL further launched a program to support 
public-private partnerships aimed at preventing hazardous child 
labor with the goal of withdrawing or preventing 8,500 children 
from exploitive labor.  In 2009, DevTech Systems, an international 
consulting firm, completed a 4-year project that withdrew over 
3,700 children from exploitive child labor and prevented over 1,800 
children from entering the worst forms of child labor.  These 
children were later enrolled in transitional education programs, 
vocational programs, or in the formal educational system. 
 
 
 
¶2.  As reported previously (ref B), the following goods listed in 
paragraph 6 continue to be produced with child or forced labor in 
the Dominican Republic.  Since the 2000 National Survey of Child 
Labor (ENTI) by the International Labor Organization-International 
Program for the Elimination of Child Labor (ILO-IPEC), no new 
comprehensive studies have been completed on the scope and extent 
of child labor.  In 2000, the ENTI results showed that over 436,000 
children were involved in some form of child labor, which 
represented around 18 percent of the population aged between 5 and 
17 years.  The Dominican Central Bank, however, released updated 
statistics in  October 2009, which reported around 103,268 children 
were involved in child labor.  The agricultural, hotel and tourism, 
and construction industries were found to have a high incidence of 
exploitive child labor.  Poloff was also  informed that the 
National Statistics Office (NSO) is in process of conducting a 
National Survey on Child Labor, and the results should be available 
sometime in the near future. 
 
 
 
¶3.  While work and living conditions in some Dominican bateyes 
remain deplorable, Post found no evidence of the practice of forced 
labor in the production of sugar.  An NGO that advocates on behalf 
of cane workers, the Center for Legal Counseling and Research 
(CEDAIL), confirmed with Poloff that Haitians are no longer 
smuggled into sugar cane plantations, held behind locked 
enclosures, nor have their movements restricted by armed guards. 
Moreover, in recent years, some major sugar companies started the 
practice of issuing worker identification cards, providing private 
medical insurance to undocumented workers, and also improving 
housing, equipment and work facilities for their workers. 
 
 
 
¶4.  In 2009, the MOL conducted a total of 83,363 labor inspections 
in various sectors of the economy.  (NOTE: These inspections were 
not limited or focused exclusively on child labor). 
 
 
 
¶5.  The following is a list of products alleged to be produced with 
child or forced labor, as suggested by the ILO-IPEC, the Department 
of Labor, and other credible sources: 
 
 
 
--------------------------------------------- ----- 
 
Garlic, potatoes 
 
--------------------------------------------- ----- 
 
 
 
Previous reporting cited sources to the effect that child labor was 
a serious problem in garlic and potato production in certain 
regions in the Dominican Republic (ref B).  Post does not have new 
information to support this assertion. 
 
 
--------------------------------------------- ---------- 
 
Host government, industry, or NGO efforts 
 
--------------------------------------------- ---------- 
 
 
 
The Ministries of Labor and Education continue to support the 
Combating Child Labor through Education program. In March 2009, the 
Ministry of Labor and the National Child and Youth Council (CONANI) 
launched a program to train and give productive job experiences to 
youths ages 16 to 19.  After the completion of the program, the 
participants enrolled in the Minstry's national electronic job 
bank.  Other projects include: Proyecto Desarrollo Juvenil and the 
Plan de Empleo Juvenil. To further prevent and combat child labor 
in March 2008, INFOTEP and EDUCA (Accion para La Educacion Basica) 
implemented a program to provide technical training to 2,500 young 
people who were in vulnerable circumstances.  Public campaigns also 
have heightened awareness on child labor issues, including "This 
isn't a game," on child domestic work, and "I'm not working 
anymore," on hazardous child labor in the agricultural sector. 
 
 
 
-------------- 
 
Sugarcane 
 
--------------- 
 
 
 
¶A.  Sugar (produced in San Pedro de Macoris, Barahona) 
 
 
 
¶B. Type of exploitation 
 
Exploitive child labor 
 
 
 
¶C. Sources 
 
-Interview with Dr. Washington Gonzalez, Director of Labor, 
Ministry of Labor, September 2007; 
 
-interview with Campos de Moya, Public Relations Director, Sugar 
Consortium of Industrial Companies (CAEI), July 2007; 
 
-Interview with Noemi Mendez, Staff Attorney, CEDAIL, August 2007; 
 
-Interview with Jose Sergio Abreu, Juana Diaz, Office of Child 
Welfare and Justice Promotion, World Vision, Dominican Republic, 
May 2008; 
 
-Interview with Bridget Wooding, Research Associate, Latin American 
Faculty of Social Science (FLACSO), May 2008 
 
-Interview with Adres Marranzini, Deputy Director of Labor, 
September 2009 
 
-Interview with Fernando Ferran, Vicini Group, November 2009 
 
-Interview with Dr. Pedro Ubiera, Executive Director, CEDAIL, 
February 2010 
 
 
 
¶D. Narrative 
 
 
 
In an meeting with PolOff, MOL officials maintained child labor has 
been eliminated in the Sugar Consortium of Industrial Companies. 
In reference to this claim during a meeting, Dr. Pedro Ubiera of 
CEDAIL said the increased attention and focus on child labor by the 
GoDR played a significant role in reducing, but not eliminating, 
child labor on sugar plantations.  During several tours with the 
Vicini Group, Poloff did not suspect the men working in the sugar 
 
 
 
fields or as cane cutters were under 18.  Regular inspections are 
completed often for the three main private sugar companies, and no 
incidence of child labor was found. 
 
 
 
As reported previously in ref B, due to the GoDR's increased 
attention on illegal Haitian immigration, the Specialized Border 
Security Corps (CESFRONT) efforts to combat the illegal smuggling 
and trafficking of Haitians, and the increase in mechanization has 
led to the decline in the employment of Haitian cane cutters in the 
sugar industry.  As many NGOs and activists have noted in the past, 
the numbers of Haitian workers are increasingly growing in the 
construction and the hotel/tourism industries. 
 
 
 
In a Post sponsored survey (ref C), forced labor as a current 
practice in the sugar industry was determined to be nonexistent in 
the production of sugar.  During the reporting period, NGOs 
representing Haitian workers and their rights did not raise the 
issue of forced labor as a concern to  PolOff.  Moreover, PolOff 
communicated with all three major private sugar cane companies and 
toured several of their facilities, and found no incidence of 
forced labor as previously reported.   After speaking with sugar 
cane workers from several bateyes and labor lawyers from Catholic 
Relief Services (CRS) , the issue of forced labor was also found 
not to be a major cQrn or grievance. 
 
 
 
¶E. Prevalence 
 
 
 
The information contained in ref B with respect to alleged child 
labor in Barahona and San Pedro de Macoris remains accurate.  There 
were no reports of forced labor in sugar plantations during the 
reporting  period. 
 
 
 
¶F.  Host government, industry, or NGO efforts 
 
 
 
The Labor Ministry's program "Action on Child Labor" was 
established for eight bateyes in the provinces of Barahona, 
Bahoruco and Independencia.  A sugar consortium, in coordination 
with other NGOs, added eight "Espacios para Crecer" facilities in 
the sugar communities, benefiting an additional 370 students, as 
well as distributing 5,000 flyers to underage persons on their 
rights. 
 
 
 
----------- 
 
Larimar 
 
----------- 
 
 
 
Several NGOs continue to report on the presence of child labor in 
the mining of larimar, a semi-precious indigenous gemstone in the 
Barahona region. Information contained in ref B remains valid. 
 
 
 
¶6.  The following information below is requested in paragraphs 17 
to 21 in ref A. 
 
 
 
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---------------- 
 
2A) Prevalence and Sectoral Distribution of Exploitive Child Labor 
 
--------------------------------------------- ---------------------- 
---------------- 
 
 
¶7.  In the Dominican Republic, children typically are found working 
in doQstic service, street vending, small family owned businesses, 
and child prostitution.  Post was unable to obtain direct 
information or statistics on the prevalence and sectoral 
distribution of exploitative child labor from the GoDR. 
 
 
 
-------------------------------- 
 
2B) Laws and Regulations 
 
-------------------------------- 
 
 
 
The new Dominican constitution, promulgated in January 2010, added 
a provision, expressed in article 56, that protects the fundamental 
rights of children against any form of exploitation, including 
child labor.  The law prohibits child labor under the age of 14, 
places restrictions on employment of children under 16, and 
protects children under the age of 18 from the worst forms of child 
labor.  Children under 18 years of age are prohibited from work 
involving dangerous substances, heavy machinery, heavy loads, 
dangerous machines and tools, alcohol, electricity, loud noises, 
mines, being underground or at high sea, care giving, construction, 
confined spaces, explosives, work on the street, gambling, 
production of sugar cane, certain work in hotels, and extreme 
temperatures. Violations of the Labor Code for minors are 
punishable by fines of 7 to 12 times the minimum salaries, with 
increased fines in cases of recurrence.  The law prohibits forced 
or compulsory labor.  The sale and trafficking of children are also 
prohibited under the Dominican Criminal Code.  The Protection of 
Children and Adolescents Law provides penalties for purposes of 
trafficking, for forced labor, commercial sexual exploitation, or 
other degrading activities ranging from 20 to 30 years imprisonment 
and fines from 100 to 150 times the minimum wage. 
 
 
 
Because most work performed by children is in the informal sector, 
illegal in nature, or hidden, it is difficult for the government to 
track,  provide protection under the Dominican Labor Code, or take 
the necessary steps to assist children in engaged exploitative 
work. 
 
 
 
Although prostitution is legal, the use, procurement, or offering 
of a child for the purposes of prostitution for the production of 
pornography or illicit activities in pornography is prohibited by 
law.  The law contains specific provisions that prohibit and 
penalize child pornography , the use of childQor illicit 
activities, and the trafficking of children. 
 
 
 
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2C) Institutions and Mechanisms for Enforcement 
 
--------------------------------------------- ------------------ 
 
 
 
Child labor is common in the informal sector, small businesses, 
private households, and agricultural sectors.  The GoDR, however, 
has increased its efforts in combating the worst forms of child 
labor.  The MOL did not provide Post with the number of child labor 
complaints received during the year or the number of children that 
were removed from child labor activities.  Because children often 
work in  the agriculture sector with their parents or in family-run 
businesses, MOL stated the issue of child labor often goes 
unreported.  The MOL has 203 trained labor inspectors located in 38 
offices throughout the country to enforce the labor code.  In 2009, 
the MOL conducted a total of 83, 363 labor inspections, with over 
2,000 infractions.  These include violations of Labor Code 245 
(minors)-about 1% of the  total (Jan-June 2009) and 1-1/4% in 2008. 
 
 
 
 
From 2006 to 2009, MOL reports it has removed over 27,300 children 
 
 
from dangerous situations and work exploitation. 
 
 
 
The MOL did not provide a breakdown of what sectors the infractions 
occurred and whetQr child labor was involved.  The GoDR also uses 
six Safety and Hygiene officials, a group of labor officials, and 
department of judicial assistance officials to assist with the 
enforcement of child labor laws. 
 
 
 
--------------------------------------------- - 
 
2C) Section 1: Hazardous Child Labor 
 
--------------------------------------------- - 
 
 
 
The MOL, the National Council for Children  and Adolescents 
(CONANI), and the Attorney General's Office are responsible for the 
enforcement of laws relating to hazardous child labor.  As noted 
above, MOL stated that the infractions that included violations of 
the Labor Code with respect to minors were about 1 percent of the 
total infractions.  There are no specific regulations that pertain 
to hazardous child labor other than the provisions in the 
Resolution to the ILO, the Constitution, the Labor Code,  and the 
Criminal Code.  The GoDR did not provide Post any other information 
in relation to complaints received for hazardous child labor. 
 
 
 
------------------------------------------ 
 
2C) Section 2: Forced Child Labor 
 
------------------------------------------ 
 
 
 
Enforcement of forced child labor laws is under the authority of 
the MOL, CONANI, and the Attorney General's Office. The information 
reported on hazardous child labor also applies to forced labor as 
well.  The MOL did not report to Post any complaints or infractions 
received for both hazardous child or forced labor.  Under the 
National Strategy for Eradication of Worst Forms of Child Labor 
(2006-2016), the MOL sets the objectives and identifies the key 
priorities to efficiently address exploitive child labor and to 
significantly reduce the number of child laborers by 2016. 
 
 
 
Through site inspections, MOL confirmed child labor was not used on 
the inspected sugar consortium's fields in 2007.  During the 
reporting period, Post did not receive any new information on 
recent inspections. 
 
 
 
--------------------------------------------- -------------------- 
 
2D) Institutions and Mechanisms for Enforcement 
 
--------------------------------------------- -------------------- 
 
 
 
The GoDR reported that the Public Prosecutor's Office, the Office 
of the Attorney-General,  Inter-Agency Commission to Combat Abuse 
and Sexual Exploitation for Commercial Purposes, and the Special 
Prosecutor for Children and Youth are tasked with investigating 
sexual exploitation of children and trafficking.  The GoDR does not 
draw distinctions as to whether a child is more vulnerable to 
commercial sexual exploitation or other labor risks.  The GoDR 
reported that it budgeted $351, 707 USD in previous years to combat 
illegal child labor. The GoDR did not provide data on the number of 
children rescued from trafficking, commercial sexual exploitation, 
or from illicit activities. 
 
 
 
The GoDR supported  Llama y Vive (Call and Live), a public campaign 
against sexual and labor exploitation that promotes national 
 
 
hotlines for prevention and victim assistance, launched by the 
Attorney General's office in July 2007.  Post was not provided 
information on its effectiveness or how often the hotline was used. 
 
 
 
 
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2D) Section 1: Child Trafficking 
 
--------------------------------------------- ------------------ 
 
 
 
Units of the National Police (Human Trafficking Division, 
established in 2008), the Migration Directorate, the Navy, and the 
Attorney General's Office are the government agencies responsible 
for the enforcement of trafficking laws.  The Attorney General's 
Anti-Trafficking Unit established in 2004 coordinates the 
investigation and prosecution of criminal trafficking cases.  The 
State Ministry for Women reported that, during the reporting 
period, it had handled 8 trafficking victims' cases (involving 7 
women and 1 minor), of which 4 were being pursued by prosecutors. 
(Note: During 2008, there were four known investigations underway 
for trafficking in persons).  The Attorney General's office 
reported that criminal laws other than Law 137-03 may be used to 
provide a legal basis for prosecutions, and that such laws may be 
preferable "when a risk of re-victimization exists." 
 
 
 
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2D) Section 2: Commercial Sexual Exploitation of Children 
 
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------ 
 
 
 
The GoDR created the National Directorate for Assistance to Victims 
that coordinates official and NGO efforts to assist child victims 
of both violence and sexual abuse.  The Inter-Agency Commission to 
Combat Abuse and Sexual Exploitation for Commercial Purposes is 
headed jointly by the Ministry of Labor and the National Child and 
Youth Council (CONANI), with support from the Public Prosecutor's 
Office and the Special Prosecutor for Children and Youth to combat 
sexual exploitation of children, especially in tourist areas. 
CONANI also operates a "700" hotline to report child abuse.  During 
the year, the Attorney General's Office reported that it had  three 
active judicial cases against foreigners who were allegedly 
involved in the commercial sexual exploitation of children.  There 
is no other information available on how much funding is designated 
to assist with these efforts.  Under the Minors Code, CONANI is 
supposed to receive 2% of the national budget.  This mandate, 
however, was not met during the reporting period. 
 
 
 
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2D) Section 3: Use of Children in Illicit Activities 
 
--------------------------------------------- ---------------------- 
--- 
 
 
 
The information reported in the commercial sexual exploitation of 
children applies to the use of children in illicit activities. 
 
 
 
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2E) Government Polices on Child Labor 
 
--------------------------------------------- ---------------------- 
--- 
 
 
The GoDR is in the in the process of implementing the following 
plans and activities to prevent exploitive child labor: 
 
 
 
*         National Strategic Plan for the Eradication of the Worst 
Forms of Child Labor in the Dominican Republic 2006-2016 
(coordinated by the MOL) 
 
*         Policy Guidelines for the Integral Protection of Children 
and Adolescents on the street in the Dominican Republic 2007-2012 
(coordinated by the National Council for Childhood and Adolescence) 
 
*         GoDR is conducting various trainings on child labor for 
judges and prosecutors in partnership with the Judiciary School.  A 
child labor intervention guide will be distributed to all judges 
and prosecutors in the country. 
 
*         In July 2008, 33 local committees were formed on the 
elimination of the worst forms of child labor. In January 2009, 
another committee was formed with a final total of 34. 
 
 
 
In May 2008,  the GoDR  and the International Labor Organization 
signed an agreement to implement a strategy to combat poverty and 
improve income and investment through cash transfers to low income 
families.  This agreement aimed not only to provide training 
activities for families and help reduce poverty, but also to raise 
awareness of the harmful consequences of child labor. 
 
 
 
In Phase I of the National Plan for the Elimination of the Worst 
Forms of Child Labor, the GoDR promised to give US$300,000, but 
only contributed US$100,000.  However, during the subsequent phases 
of the plan, the GoDR provided additional funding to support 
technical, institutional, and infrastructure components.  The GoDR 
further also offered  technical assistance, facilities, training 
materials, and other non-monetary support in fighting against child 
labor and the commercial sexual exploitation of children.  The MOL 
made significant improvements in combating child labor and 
implementing the various plans to address the issue of child labor. 
 
 
 
 
The National Steering Committee to Combat Child Labor (NSC) met six 
times in 2008. In 2009, the NSC only met twice. The GoDR signed a 
new memorandum of understanding with the ILO.  The government 
ratified ILO Convention 182. 
 
 
 
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2F) Social Programs to Eliminate or Prevent Child Labor 
 
--------------------------------------------- ---------------------- 
--- 
 
 
 
From 2007 to 2009, there were nine programs implemented to prevent 
and remove children and adolescents from the worst forms of child 
labor, including commercial sexual exploitation. During the period 
from 2008 to 2009, these programs withdrew 1,880 children from 
child labor.  In terms of prevention, 1, 971 children have 
benefited as a result. 
 
 
 
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2G) Continual Progress 
 
--------------------------------------------- ---------------------- 
--- 
 
 
In 2009, the GoDR invested $75, 084 US to support  programs 
combating exploitive child labor, which is a decline from $351,707 
in 2008.   Although the number of inspections increased in 2009, 
the number of investigations for child labor decreased during the 
same time period.  There was no information available on the number 
of convictions and prosecutions related to exploitive child labor. 
According to a 2008 publication by OIT-IPEC, child labor decreased 
from about 436,000 in 2000, to 247,000 in 2004, and to 155,000 in 
2008, falling from over 18% in 2000 to 5.8% in 2008. 
Lambert