Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) - Haiti (Ratification: 1957)

The Committee notes the Government’s report and the ratification of the Worst Forms of Child Labour Convention, 1999 (No. 182), on 19 July 2007. It also notes that a draft children’s code is currently being prepared and requests the Government to provide a copy as soon as it has been adopted.

Article 3, paragraph 2, of the Convention. Annual repetition of medical examinations. The Committee notes that, under section 336(3) of the Decree of 24 February 1984 updating the Labour Code of 12 September (“the Labour Code”), the fitness of minors for the employment in which they are engaged shall be subject to regular medical supervision until they have reached the age of 18. The Committee notes that this provision of the Labour Code, although providing for periodic medical examinations, does not require these examinations to be repeated at intervals of not more than one year, in accordance with Article 3, paragraph 2, of the Convention. The Committee requests the Government to indicate whether the national legislation prescribes an interval at which the medical examination for fitness for employment of young persons under the age of 18 is to be repeated.

Article 4. Medical examination and re-examinations for fitness for employment until the age of 21. Noting the absence of information on this point in the Government’s report, the Committee requests it once again to indicate whether, in occupations which involve high health risks, medical examination and re-examinations for fitness for employment are required until the age of 21.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted the comments made by the Trade Union Confederation of Haiti (CSH) and requested the Government to provide detailed information on the application of the Convention in practice. In its report, the Government indicates that for the past ten years the country has been plagued by serious political and security-related problems, which has not facilitated normal and regular operation of the country’s institutions. The Government also indicates that the country’s industries have stopped hiring minors, and in its visits to the country’s enterprises the general labour inspectorate has not reported the presence of minors. The Committee notes, however, that, in its concluding observations on the Government’s initial report in March 2003, the Committee on the Rights of the Child noted with deep concern the high number of under-age children involved in labour who were working long hours, which has a negative effect on their development and school attendance (CRC/C/15/Add.202, paragraph 54). The Committee therefore requests the Government to provide information on the number of young persons who are working and have undergone the medical examinations provided for in the Convention, as well as on the work of labour inspectors, providing extracts from the reports of the inspection services and indicating, where appropriate, the number and nature of the contraventions reported and sanctions imposed.