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

Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) - Haiti (Ratification: 1957)

With regard to Articles 3 and 4 of the Convention and Part V of the report form, the Committee requests the Government to refer to the comments it has made under Convention No. 77.

Article 2 of the Convention. Medical examination in the domestic sector. In its previous comments, the Committee noted that work by children employed in domestic service was regulated by sections 341–356 of the Labour Code. It noted that these provisions did not give effect to Article 2 of the Convention and requested the Government to take the necessary measures to ensure that children and young persons under 18 years of age working in the domestic sector were also subject to a prior medical examination for fitness for employment. The Committee notes that, in its concluding observations on the initial report of Haiti, in March 2003, the Committee on the Rights of the Child expressed its deep concern at the situation of child domestic workers (restaveks), and in particular at the very low age (12 years) provided for in section 341 of the Labour Code at which these children can be placed with families, taking into account that, in practice, even younger children are concerned (CRC/C/15/Add.202, paragraph 56). The Committee also notes that, according to the Global Report under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work (see paragraph 97), more than 250,000 children from disadvantaged families are employed as domestic workers (restaveks). The Committee notes the information provided by the Government that sections 341–356 of the Labour Code have been repealed by an Act of 8 June 2003 and are no longer in force, with child domestic labour no longer being authorized. The Committee requests the Government to provide a copy of the Act of 8 June 2003 and the provisions prohibiting child domestic labour.

Article 7, paragraph 2(a). Ensuring the application of the system of medical examination for fitness for employment to children engaged either on their own account or on account of their parents. In its previous comments, the Committee noted that the provisions of the Labour Code concerning work by minors (section 332 et seq.) did not provide for the identification of children and young persons engaged, either on their own account or on account of their parents, in itinerant trading or in any other occupation carried on in the streets or in places to which the public have access. It requested the Government to adopt measures to give effect to this provision of the Convention. In its report, the Government indicates that, under section 6 of the Labour Code, itinerant workers (young persons) enjoy the prerogatives recognized by the Constitution and by law. For example, they can request from the Women and Children’s Department a certificate for fitness for employment and undergo a medical examination by a doctor approved by the competent authority, according to the provisions of section 336 of the Labour Code. The Government also indicates that efforts will be made to secure effective supervision of itinerant workers (young persons).

The Committee notes that, in its concluding observations of March 2003, the Committee on the Rights of the Child expressed its concern at the increasing number of street children and the lack of a systematic and comprehensive strategy to address this situation and to provide these children with adequate protection and assistance (CRC/C/15/Add.202, paragraph 58). While noting the information provided by the Government, the Committee reminds the Government once again that, under Article 7, paragraph 2(a), of the Convention, measures of identification have to be adopted to ensure the application of the system of medical examination for fitness for employment to children and young persons engaged, either on their own account or on account of their parents, in itinerant trading or in any other occupation carried on in the streets or in places to which the public have access (such as a requirement for the person concerned to be in possession of a document attesting to the medical examination). The Committee therefore requests the Government to take the necessary measures in the very near future, to ensure supervision of the application of the system of medical examination for fitness for employment to children and young persons engaged, either on their own account or on account of their parents, in itinerant trading or in any other occupation carried on in the streets or in places to which the public have access, in accordance with Article 7, paragraph 2(a), of the Convention.