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24 January 2001

CRC
26th session
24 January 2001
Morning


Government Delegation Queried on Programmes to Alleviate Poverty,
Treatment of Children of Haitian Migrant Workers


The Committee on the Rights of the Child began its review this morning of an initial report of the Dominican Republic, questioning a seven-member Government delegation, among other things, on programmes for poverty alleviation, violence in the family and activities of non-governmental organizations.

Introducing the report, Luis Veras, Director of the Protection System for Children and Adolescents of the Dominican Republic, said his country was committed to the principles and goals set forth by the international conventions, particularly the Convention on the Rights of the Child. The Government had so far implemented a series of measures designed to improve the conditions of children and adolescents.

Mr. Veras said that in cooperation with international organizations, the Dominican Republic had strengthened its institutions which worked in favour of Dominican children; however, much remained to be done, and further technical and economic cooperation was needed to advance the cause of children in the country.

Mr. Veras further said that the new Government had given priority to combatting poverty, which had its repercussions on the protection and promotion of Dominican children; and the Government believed that the struggle for poverty alleviation could be an investment in the future of children and adolescents.

Discussion during the meeting focused on implementation measures; definition of the child; general principles; civil rights and freedoms; family environment and alternative care; basic health and welfare; education, leisure and cultural activities; and special protection measures.

In the course of their consideration of the Dominican report, Committee members commented, among other things, that the deprivation of the right to education and health of Haitian children whose parents were working in Dominican sugar plantations was a great concern to the Committee; and the Government was requested to take serious measures to bring to an end the discrimination against Haitian children in the country.

In addition to Mr. Veras, the Dominican delegation consisted of Clara Joa, Sub-Secretary for Education; Luisa A. S. Vicioso, Ambassador for Issues Relating to Children, Women and Adolescents; Ramon Flores, Assistant to the Director of the System for the Protection of Children and Adolescents; Adalgisa Santana, Judge-President of the Court of Appeal for Children and Adolescents of Santo Domingo; Magaly Bello de Kemper, Counsellor, and Ileana Tejada, First Secretary, both at the Permanent Mission of Dominican Republic at Geneva.

As one of the 191 States parties to the Convention on the Rights of the Child, the Dominican Republic, which acceded to the international treaty in 1991, must file periodic reports with the Committee on the status of the country's children and on efforts to implement the Convention.

The Committee will reconvene at 3 p.m. to conclude its public discussion with the Dominican delegation.

Initial Report of the Dominican Republic

The report of the Dominican Republic (document CRC/C/8/Add.40) enumerates the administrative and legislative measures undertaken by the Government to implement the provisions of the Convention. To this effect, the State formulated in 1992 the National Plan of Action for Implementing the World Declaration on the Survival, Protection and Development of Children. The State ratified the Convention on the Rights of the Child in 1991; and immediately afterwards, it began the process of reviewing specific national legislation on children and adolescents in order to create a law in keeping with the spirit and letter of the Convention.

It is also noted that through international cooperation, substantial resources are made available for programmes in the areas of health, education, women and social mobilization for the promotion and protection of the rights of children and adolescents in the country. Children and adolescents regularly participate in programmes for the promotion and protection of their rights. At present, under the auspices of UNICEF, various public and private institutions and the Catholic Church are developing the social mobilization project for the rights of the child, under the theme 'it is for children to say what kind of country we want'.

The report says that Dominican law defines children as persons up to the age of 12 and adolescents as persons aged between 13 and 18; all young persons who reached the age of 18 may marry without the consent of their parents; young women aged 15 and boys at 16 can marry if they have parents' consent; and there is so far no legislation on the age of sexual consent. Children under the age of 12 years are not held responsible for crimes they commit.

According to the report, a large number of Dominican children and adolescents suffer from some kind of disability; blindness rated the highest due to deficiencies in Vitamin A; infant mortality accounted for 40 per thousand live births; the risk of dying during the first year of life was 47 per thousand; and mortality of under-fives in rural areas was 28 per cent higher than in urban areas. The 1996 survey indicated that 11 per cent of children aged under five years were suffering from chronic malnutrition, which was regarded as 'severe' in 3 per cent of cases.

Sexual and commercial exploitation in tourist resorts is causing particular concern to the Dominican Republic, the report notes. Although tourism is the most dynamic sector of the country's economy, its impact is influenced by economic and social factors which affect the welfare and standard of living of local inhabitants in these resorts. Children and adults alike are involved in prostitution as a means of survival and because of the poverty in these regions. Among the measures taken in this connection is the establishment of the National Inter-Agency Commission for the Prevention and Eradication of Child Prostitution in Tourist Centres. UNICEF supports activities for prevention of the sexual and commercial exploitation of children and adolescents.

Introduction of Report

LUIS VERAS, Director of the System of Protection of Children and Adolescents of the Dominican Republic, said his country was committed to principles and goals set forth by the international conventions, particularly the Convention on the Rights of the Child. The Government had so far implemented a series of measures designed to improve the conditions of children and adolescents.

In cooperation with international organizations, the Dominican Republic had strengthened its institutions which worked in favour of Dominican children, Mr. Veras said. However, much remained to be done, and further technical and economic cooperation was needed to advance the cause of children in the country.

Mr. Veras said the priority task of the new Government was combatting poverty which had its impact on the protection and promotion of children. The Government believed that the struggle for poverty alleviation could be an investment in the future of the child.

He said that his country had ratified the International Labour Organization (ILO) Conventions Nos. 138 and 182 concerning Minimum Age for Admission to Employment and the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, respectively.


Discussion

The discussion during the meeting focused on implementation measures, definition of the child, general principles, and civil rights and freedoms.

An Expert said that in line with the Convention, the Dominican Republic had promulgated in March 1994 the Code for the Protection of Children and Adolescents, and it came into action by 1 January 1995; it was known as the code of minors; and besides, it had established harmonization with several other laws related to the protection of children's rights, such as the general law on education, the law against family violence and the general law for youth. There was a confusion caused by translation in the general law as the whole document translates adolescents and youth into children and adolescents. What age were adolescents and youth according to legislation in the Dominican Republic?

The Expert further said that the Committee should express concern about problems on non-discrimination, and freedom of expression, religion, and civil rights, in particular for Haitian migrants. Besides the lack of health facilities and the regional disparities in education, special child protection measures should be implemented to prevent exploitation of children at work, sexual exploitation, child prostitution, street children, and trafficking in the sex trade, among other things.

Another Expert said that the Dominican Republic used to be a dictatorial State with a poor population; now, a democratic Government had been elected and new horizons were opening; however, poverty remained in place with only a few rich people holding the resources of the country. Was there already any initiative to alleviate poverty in the country? Did the Government think of keeping data as an indicator for programmes in the field of poverty eradication? The Expert also asked if the delegation could provide information on the agreement reached concerning Haitian migrant workers in the Dominican Republic and asked if the agreement addressed children.

Other Committee members also asked questions on such issues as decentralization and budgetary allocation for children; child abuse and channels for lodging complaints; discrimination against women; violence in the family and rehabilitation of victims; and establishment of an ombudsman, among other things.

The Dominican delegation, responding to questions raised by Committee members, said, among other things, that Government policies on the promotion and protection of children were implemented by the governing body of the Protection System for Children and Adolescents. In addition, the governing body proposed administrative and legislative measures to be initiated by the Government with regard to children and adolescents. The national plan for children and adolescents was supported by the United Nations Children's Fund (UNICEF) in cooperation with the governing body and other concerned government organs.

The Dominican Republic had not ratified the Convention against Torture, the delegation said; however, national laws prohibited any form of torture and provided penalties against perpetrators of such acts.

A system of an ombudsman did not exist in the country, the delegation said; a hotline was made available through which children expressed their complaints and problems; and children had the right to be heard and to present their complaints.

The national budget for 2000 was estimated to be 75 billion pesetas, the delegation said; 19 per cent of the budget was allocated for education while health took 13 per cent of the total.

Progress had been made concerning prevention of family violence in the Dominican society, the delegation said; an association set up for that purpose had been working in the field in order to increase awareness among the population; and females were encouraged to participate in the affairs of women, with more female deputies joining the legislators' ranks. Legislators were also enacting laws against family violence. In addition, the new Government had taken steps in which a female vice minister was appointed to each ministry. The country's vice president was also a women for the first time.

The Dominican Republic had tried to guarantee the rights of migrant workers arriving in the country, the delegation said; however, there had been a socio-economic problem concerning Haitian migrants whose country shared the same island with the Dominican Republic.

There was a process of integrating non-governmental organizations into the affairs of the State, the delegation said; they had been involved in the activities of the State by joining, as members, in some of the councils established by the Government to promote and protect child rights.

Committee members continued to raise questions on the second cluster of the main subjects which were family environment and alternative care, basic health and welfare, education, leisure and cultural activities, and special protection measures.

An Expert asked if the Government had taken measures to prevent police brutality involving street children and abused and neglected children. What was the fate of Haitian children who had no birth certificates and were deprived of the right to education?

Another Expert underlined that the deprivation of the right to education and health of Haitian children whose parents worked in the sugar plantations was a great concern to the Committee. The Government had to take serious measures to bring to an end the discrimination against Haitian children in the country. What kind of programmes were carried out by the Government to support needy families with children?

The attention of the delegation was also drawn by another Expert to information received from the region concerning not only the deprivation of the right to education and health of Haitian children, but also a continuous threat of deportation and exclusion.

Responding to questions raised by Committee members, the delegation said that the Government had made efforts to register all births in the country, however, not all children were registered; that sector was one of others which needed international cooperation and technical advisory assistance.

The relation between Haiti and the Dominican Republic had a long historical background, the delegation said; and it was the cultural attitudes of anti-Haitian sentiments in the Dominican Republic that was a problem. In many cases, Haiti was considered to be a threat to Dominican security. In addition, the Government of the Dominican Republic had no figures as to how many Haitians were living in the country, which had created problems in the implementation of programmes concerning them. The total number of migrants in the country was not recorded because of an absence of a clear policy on migration on the part of the Government.




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