US embassy cable - 05SANTODOMINGO4145

UNCLAS SECTION 01 OF 02 SANTO DOMINGO 004145 
 
SIPDIS 
 
DOL/ILAB FOR TINA MCCARTER; DRL/IL FOR LAUREN HOLT 
 
E.O. 12958: N/A 
TAGS: ELAB, ETRD, PHUM, SOCI, DR, Labor 
SUBJECT: DOMINICAN REPUBLIC UPDATE ON WORST FORMS OF CHILD 
LABOR 
 
REF: A. (A) STATE 143552 
     B. (B) 04 SANTO DOMINGO 04809 
 
1.  This cable is in response to ref A request for an update 
on worst forms of child labor in the Dominican Republic.  The 
2004 Child Labor Information Update from Santo Domingo (ref 
B) remains current, with the following additional information. 
 
2.  On October 17, 2004, the new Code for Protection of 
Minors, Law 136-03 (Codigo para el Sistema de Proteccion y 
los Derechos Fundamentales de los Ninos, Ninas y 
Adolescentes, Ley 136-03) was implemented.  The Code 
recognizes the National Council for Children and Adolescents 
(CONANI) as a non-cabinet, decentralized public agency to 
coordinate public policy, to protect children's human rights, 
and to administer the Code. The law stipulates that CONANI is 
to receive at least 2 percent of the national budget and that 
a minimum of 5 percent of municipal government budgets must 
be devoted to projects to benefit children. The Code contains 
strengthened provisions against the problem areas of child 
abuse, including physical and emotional mistreatment, sexual 
exploitation, and child labor. The Code provides for a 
penalty of between 3 and 10 years incarceration and a fine of 
10 to 30 times the minimum wage for persons, companies or 
institutions found guilty of child sexual exploitation, and 
for a penalty of between 20 and 30 years incarceration and a 
fine of 100 to 150 times the minimum wage for persons, 
companies or institutions found guilty of commercialization 
of children and adolescents. 
 
3.  A National Plan of Action (NPA) to combat the worst forms 
of child labor is being completed. As part of the design 
process, bilateral and group consultations have been carried 
out with seven sectors including: protection institutions 
(Attorney General Office, Office of the First Lady, National 
Childhood Council - CONANI), service providing institutions 
(Ministries of Education, and Health), institutions working 
in the rural sector (Ministry of Agriculture, Banco Agrcola, 
PROMIPYMES), and data collection and statistic offices 
(Central Bank, National Office of Plan - ONAPLAN).  The Plan 
should be launched in the forthcoming months. 
 
4.  On April 1, 2005 ILO-IPEC officially launched two 
programs to be implemented in the rice-growing area 
(Provinces Duarte and Maria Trinidad Sanchez) by Caritas and 
the Instituto de Desarrollo de la Economia Asociativa 
(IDEAC). Numerous representatives from local and central 
authorities participated in the launch.  Representatives from 
the Ministries of Labor, Education, Heath, Women, two 
District Attorneys, two Governors and two members of 
Parliament were present.  Labor Attache of the US Embassy 
also participated in the event. The program, developed with 
Caritas, focuses on the implementation of four components: 
awareness raising/social mobilization, investigation, 
capacity building and direct services to children, including 
education, health and legal support. The program aims at 
withdrawing 2,100 children engaged in hazardous activities in 
the rice sector, preventing 4,620 children from work and 
supporting 1,050 families. A total of twenty seven 
communities will be targeted. In addition, a separate program 
developed with the Instituto de Desarrollo de la Economia 
Asociativa (IDEAC), implements the income-generating 
component. This program aims at supporting 1,050 families 
through training activities on formulation of income 
generative mini-projects, guidance and counseling on saving 
practices, facilitation of access to micro-credit schemes. 
Three hundred of these families who demonstrate best skills 
and capacities will receive additional support to start up 
their own businesses. 
 
5.  From April 27-28, 2005, Secretary of Labor staff, in 
particular labor inspectors and local representatives, 
participated in a training workshop on child labor and labor 
inspection. The Child Labor Unit, the Direction of Industrial 
Health and Safety, the Employment Unit, the Labor Inspection 
Unit and the Statistics Unit of the Ministry of Labor jointly 
organized the workshop. 
 
6.  On May 6, 2005 a program against Commercial Sexual 
Exploitation of children in Las Terrenas by the Fundacion 
Azucar was officially launched.  The program provides 
education, health services and legal support to 
beneficiaries. In total, 100 children at risk or victims of 
child sexual exploitation and fifty families will benefit 
from the program interventions. 
 
7. The NGO FLASCO, the Secretary of Labor, and ILO-IPEC 
carried out a baseline survey on child labor exploitation and 
trafficking in the western border province of San Juan de la 
Maguana. A stakeholders, meeting was organized to share its 
results and identify possible lines of intervention. The 
Ministry of Labor coordinated the meeting that took place at 
the Governor,s Office on the third of June.  Almost ninety 
persons representing all key sectors were present. The event 
received strong political support with the participation of 
the Governor of the Province of San Juan, the President of 
the Appeals Court and the Under Secretary of Labor 
responsible for child labor issues. The NGO Plan 
International was identified to implement an Action Program 
to remove and prevent exploitative child labor in crop 
plantations in the border area, in which the majority of 
working children are Haitians who live illegally in the 
country. A technical workshop was organized June 22nd to 
elaborate a strategy of intervention. Activities are planned 
to start in the forthcoming weeks. 
 
8.  COMMENT: The Dominican Republic continues to make 
progress in eliminating the worst forms of child labor. 
According to the Under Secretary of Labor in charge of the 
Child Labor Unit, 25,000 children have been removed from 
working in areas of agriculture in the last year under the 
current administration.  However, widespread poverty 
continues to lead children to drop out of school and join 
exploitative work conditions in order to contribute to the 
family welfare.  The Ministry of Education and Ministry of 
Labor have both provided significant support in eliminating 
child labor but it will be a difficult task if more resources 
are not devoted toward the cause. 
KUBISKE