DOMINICAN REPUBLIC RESPONSE: FORCED LABOR AND

UNCLAS SECTION 01 OF 06 SANTO DOMINGO 000887 SIPDIS DOL/ILAB FOR RRIGBY, DRL/ILSCR FOR MMITTELHAUSER, G/TIP FOR SSTEINER, STATE FOR WHA/CAR E.O. 12958: N/A TAGS: ELAB EIND ETRD PHUM SOCI DR SUBJECT: DOMINICAN REPUBLIC RESPONSE: FORCED LABOR AND CHILD LABOR IN THE PRODUCTION OF GOODS REF: A. SECSTATE 43120 ¶B. 07 SANTO DOMINGO 1119 ¶1. This is in 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 Trafficking in Victims Protection Act. ¶2. Post reports that the following goods, listed in paragraph four, are alleged to be produced with child or forced labor in the Dominican Republic. There are no exact figures of the scope and extent of child labor in the Dominican Republic, as the last comprehensive report regarding child labor, the National Survey of Child Labor in the Dominican Republic (ENTI),was done in 2000 by the International Labor Organization ) International Program for the Elimination of Child Labor (ILO-IPEC). The ENTI highlighted that over 436,000 children were then involved in child labor, representing about eighteen percent of the population aged between 5 and 17 (approximately 2.4 million children.) In stark contrast, a Dominican Central Bank Director informed PolOff in January 2008 that there were 149,487 children engaged in some form of labor activity. These children were involved in various sectors of the economy such as construction, hotel and tourism, transportation, and agriculture. ILO-IPEC considers the involvement of children in agriculture as meeting the definition of exploitive child labor because of their exposure to farm pesticides and chemicals, sharp tools and heavy machinery, harsh working conditions, and long hours. In many cases, children's involvement in agricultural work replaces their school attendance. The Ministry of Education asserted that in areas where there is a high inidence of child labor, close to fifty-two percen of children abandon school. ¶3. In the area of ugar production, there was some suggestion that he conditions of Haitian migrant workers constitute forced labor. Up until 2005, a non-Dominican activist advocating on behalf of cane workers and an NGO, the Center for Legal Counseling and Research (CEDAIL),stated that Haitians were being smuggled into sugar cane plantations, held in locked enclosures, had their movement restricted by armed guards, and had documents confiscated (if they had any). However, after 2005, sugar companies stated that they stopped the practice of recruiting workers from Haiti, holding workers in locked enclosed areas, employing armed guards to restrict worker movement, and withholding documentation. The same non-Dominican activist also confirmed that the sugar companies no longer engaged in these practices. An official from one of the sugar companies explained that they no longer engage in the practice of importing new workers from Haiti as mechanization has reduced their demand for workers, and government crackdowns on migration have reduced Haitian traffic into the country. He added that the sugar company relies on a group of workers already in the country, most who live in community settlements on their property termed "bateyes." Various NGOs report that the majority of these workers are illegal migrants or the Dominican-born descendents of illegal migrants and that they remain without government issued documentation. As a consequence, they are wary of moving outside of their communities for fear of being deported. ¶4. Following are a list of those products alleged to be produced with child or forced labor, as suggested by the ILO-IPEC and others: -------------- Garlic, potato -------------- ¶A. Region Constanza ¶B. Type of exploitation Exploitive child labor ¶C. Sources -"Best Practices, Stopping Child Labor," ILO-IPEC publication, 2002 - 2006; -Interview with Aida Consuelo Hernandez, Executive Director, Action for Basic Education (EDUCA),May 2008; -Interview with Dr. Anina Del Castillo, Sub-secretary, SANTO DOMI 00000887 002 OF 006 Ministry of Labor, April 2008; -Interview with Elias Dinzey, Country Coordinator, ILO-IPEC, May 2008; -"Haitian Labor in 90% of Agriculture," Listin Diario newspaper, February 13, 2007. ¶D. Narrative An ILO-IPEC publication highlighting best practices in child labor eradication programs from 2002 - 2006 stated that in Constanza about 1,027 children between 5 to 14 years old and 1,376 youths between 15 to 17 years old engaged in labor activity of which eighty three percent were engaged in agricultural work. The child labor population in Constanza was described as eighty percent male; sixty two percent under fourteen years old, with twenty five percent between five and nine years old. Eleven percent of the children were noted to be immigrants, defined as not born in Constanza. Listin Diario, a local newspaper, reported in February 2007 that close to ninety percent of agricultural workers are Haitians. Though most may have come to the country illegally, a number came legally with work permits or with de facto government consent. Aida Hernandez, the Executive Director of Action for Basic Education (EDUCA),an NGO that implements programs in the region, stated that child labor currently occurs in garlic and potato production. While working, children are often exposed to pesticides, sharp or heavy farm tools, harsh and hazardous working conditions, excessive exposure to the sun, and long hours. She highlighted the example of "buscatierras" or "earth finders," children who pick up potatoes behind farm machinery that unearths the field, as an example of exploitive child labor. ¶E. Incidence Though EDUCA stated that though their program removed and prevented some children from engaging in child labor, child labor in agriculture may still be found in Constanza. Dr. Anina Del Castillo stated that child labor occurs in garlic production in Constanza. -------------- Coffee -------------- ¶A. Region San Jose de Ocoa ¶B. Type of exploitation Exploitive child labor ¶C. Sources -"Best Practices, Stopping Child Labor," ILO-IPEC publication, 2002 ) 2006; -Interview with Aida Consuelo Hernandez, Executive Director, Action for Basic Education (EDUCA),May 2008; -Interview with Dr. Anina Del Castillo, Sub-secretary, Ministry of Labor, April 2008; -Interview with Elias Dinzey, Country Coordinator, ILO-IPEC, May 2008; -Interview with Isabel Tejada, Coordinator Child Labor Programs, Solidarity Center, Dominican Republic, May 2008; -"Haitian Labor in 90% of Agriculture," Listin Diario newspaper, February 13, 2007. ¶D. Narrative An ILO-IPEC publication highlighted that some families and small producers worked for large plantations for subsistence income generation or to pay family debts. About eighty percent of these small parcels were only about an acre. In many cases, every member of the family needed to be involved for the plantation to be viable. In the coffee producing regions of San Jose de Ocoa, over eighty percent of children were found to be working, with eighty three percent of them between the ages of five to nine years old. About sixty three percent of child workers alleged that they worked to help pay the family debt. Although eighty two percent of children in the region are enrolled in school, the absenteeism rate is historically very high, especially during harvest season. The ILO-IPEC publication reported that the absenteeism rate for one season SANTO DOMI 00000887 003 OF 006 was sixty three percent in October, seventy percent in November and culminated in eighty one percent in December, the peak month of the coffee harvest. Isabel Tejada from the Solidarity Center stated the Ministry of Education at one point modified the school year to accommodate the coffee harvest. ¶E. Incidence Tejada stated that child labor is a current practice in both large coffee plantations, as well as in small to medium sized farms. Hernandez of EDUCA and Del Castillo of the Ministry of Labor also mentioned that child labor may be found in coffee producing regions. -------------- Tomato -------------- ¶A. Region Azua ¶B. Type of exploitation Exploitive child labor ¶C. Sources -"Best Practices, Stopping Child Labor," ILO-IPEC publication, 2002 ) 2006; -Interview with Aida Consuelo Hernandez, Executive Director, Action for Basic Education (EDUCA),May 2008; -Interview with Elias Dinzey, Country Coordinator, ILO-IPEC, May 2008; -Interview with Dr. Anina Del Castillo, Sub-secretary, Ministry of Labor, April 2008; -Interview with Jose Sergio Abreu and Juana Diaz, Office of Child Welfare and Justice Promotion, World Vision, Dominican Republic, May 2008. ¶D. Narrative The province of Azua has over 208,857 people. Thirty two percent are between five to seventeen years old with half of these children living in rural areas. Azua is also considered one of the poorest regions in the country, with fifty-three percent of families considered "poor" and twenty one percent considered "extremely poor." Azua produces sixty seven-percent of the tomato crop in the country. Though large plantations produce most of the tomatoes, some plantations sub-contract production to medium and small producers who, according to the ILO-IPEC publication, typically integrate whole families in production, including children. Some producers reportedly consider children to be valuable to tomato production as children's small hands make them more adept at planting and harvesting (Ref B). The tomato production season, between October and March, coincides with the school year (September to June). ILO-IPEC has noted that during the planting season (October to November) the school absenteeism rate is close to forty five percent. From January to February, during harvest season, the school absenteeism rate is over fifty percent. Repeat rates of up to twenty percent in some schools in this region are thought to be linked to high absenteeism, as frequently absent children often lack the skills necessary to continue to the next grade. ¶E. Incidence Juana Diaz of World Vision admits that, despite her organization's intervention in Azua, some children simply return to working in tomato production after the intervention period due to economic need. Hernandez, Dinzey, and Del Castillo also mentioned that child labor in tomato production still occurs. -------------- Rice -------------- ¶A. Region Duarte and Maria Trinidad Sanchez Exploitive child labor SANTO DOMI 00000887 004 OF 006 ¶C. Sources -"Program for the Prevention and Eradication of the Worst Forms of Child Labor in the Dominican Republic, Achievements and Accomplishments 2001 - 2006," ILO-IPEC publication, 2002 ) 2006; -Interview with Aida Consuelo Hernandez, Executive Director, Action for Basic Education (EDUCA),May 2008; -Interview with Dr. Anina Del Castillo, Sub-secretary, Ministry of Labor, April 2008; -Interview with Elias Dinzey, Country Coordinator, ILO-IPEC, May 2008; -Interview with Isabel Tejada, Coordinator Child Labor Programs, Solidarity Center, Dominican Republic, May 2008; -"Haitian Labor in 90% of Agriculture," Listin Diario newspaper, February 13, 2007. ¶D. Narrative According to the ILO-IPEC, child labor occurred through at least 2006 in the rice producing regions in the provinces of Duarte, Maria Trinidad Sanchez, and San Francisco de Macoris, located in the Cibao valley in the north of the country. Tejada stated children continue to work in rice production; some as young as eight years old. Though Listin Diario reported that over 88,200 workers in rice production are Haitians, according to Tejada most of the child laborers are children of Dominicans who farm small to medium sized farms. Though children participate in secondary education in the rice producing regions, school-hours are reportedly limited, attendance is poor, and grade repeat-rates are high. ¶E. Incidence Tejada stated that though there have been interventions in the rice producing regions, children return to child labor after the interventions due to economic necessity. -------------- Sugar -------------- ¶A. Region San Pedro de Macoris, Barahona ¶B. Type of exploitation Exploitive child labor, forced labor --Source -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. ¶D. Narrative A non-Dominican activist, who has since left the country, stated in 2005 that child labor that had occurred in the Sugar Consortium of Industrial Companies (CAEI) sugar plantations had ended; as noted below; he now relays allegations of others claiming the opposite. In discussing this issue, Juana Diaz of World Vision stated that large sugar cane plantations usually do not employ children, though inevitably some children would support their parents in the field by collecting cut cane or clearing brush. Diaz added that in small family owned plots, children may clear land and sow plants for future harvests. Campos de Moya, a spokesperson for CAEI, unequivocally stated that child labor no longer occurs on any of their property. Washington Gonzalez, a Director of Labor from the Ministry of Labor, stated that through regular labor inspections, the Ministry of Labor has certified that child labor has been eliminated in CAEI properties. However, CEDAIL and the non-Dominican activist allege that child labor in the CAEI property has not been completely eliminated. The same non-Dominican activist asserted that forced labor also occurs in sugar plantations in San Pedro de Macoris and San Cristobal. He stated that prior to 2005, sugar SANTO DOMI 00000887 005 OF 006 plantations would recruit workers from Haiti, who upon their arrival in the plantations were held in locked enclosures, restricted in movement by armed guards, and had documents taken or removed. However, after 2005, these practices were stopped, though workers from Haiti continue to be smuggled into the country, the activist alleged. A Dominican government crackdown on Haitian immigration, increased military attention to the Dominican-Haitian border, (most recently the deployment of a Specialized Border Security Corps (CESFRONT)),and efforts at increasing mechanization are all factors contributing to the declining use of Haitian workers in sugar. Many sugar cane workers remain in worker camps known as bateyes as most are fearful of deportation for lack of documentation. ¶E. Incidence Diaz stated that in Barahona, most child labor occurs in small, family owned parcels. Both boys and girls would be involved in the practice, and some are children of Haitian or Dominico-Haitian workers. Diaz added that though most children are enrolled in school, school hours are limited, attendance rates low, and repeat rates are high. The Ministry of Labor has confirmed through regular inspections that child labor no longer occurs in CAEI plantations in San Pedro de Macoris; however, NGOs and an activist allege that child labor in sugar plantations in this part of the country continues. Though labor conditions in sugar cane plantations remain harsh, there was no reported evidence in any of the plantations of locked enclosures in work camps or armed guards to restrict worker movement. Listin Diario noted that sugar companies employ fifty-five thousand Haitians, ninety percent of their workforce; some ostensibly are without proper documentation leading them to remain in their work camps for fear of being caught in arbitrary repatriation sweeps throughout the country. ¶5. Following is an additional product that credible sources reported to be produced with child or forced labor: Though the ILO-IPEC country coordinator mentioned that there "may be instances of child labor in mining," the ILO-IPEC in the ENTI did not indicate what, if any, products may be made with child labor. Still, various NGOs have commented that child labor occurs in the production of the following product in mining. -------------- Larimar -------------- ¶A. Region Barahona --Source -Interview with Elias Dinzey, Country Coordinator, ILO-IPEC, May 2008; -Interview with Aida Consuelo Hernandez, Executive Director, Action for Basic Education (EDUCA),May 2008; -Interview with Jose Sergio Abreu, Juana Diaz, Office of Child Welfare and Justice Promotion, World Vision, Dominican Republic, May 2008; -Interview with Isabel Tejada, Coordinator Child Labor Programs, Solidarity Center, Dominican Republic, May 2008. ¶D. Narrative Though there is very limited data about incidence of child labor in mining, three NGOs informed PolOff in separate interviews that exploitive child labor occurs in mining larimar, a stone used for jewelry, in the Barahona region of the country. Diaz of World Vision stated that though they do not have intervention programs in larimar mining, they have received reports of children working in larimar mines. Hernandez of EDUCA mentioned that child labor in larimar mining was discovered by accident when the media reported children injured while mining for the stone. Tejada of the Solidarity Center alleged that mostly male children worked in the mines. She stated that children have an advantage in working in the mines as they can enter and fit small spaces and mine the larimar much quicker than adults. She added that SANTO DOMI 00000887 006 OF 006 most children accompany their parents during mining, and similar to other areas where child labor occurs, some children are enrolled in school. However, most schools have limited hours, low attendance rates, and high repeat rates. ¶E. Incidence Though there is no exact information regarding the incidence of child labor in larimar mining, Hernandez believes the number of children in involved in larimar mining is low, three credible NGOs have received reports of it occurring. FANNIN