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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Haiti (Ratification: 1976)

1. Equality between men and women. The Committee notes that, according to the Government, the Ministry of Social Affairs and Labour regularly grants subsidies to women in economic difficulties so that they may set up or consolidate their businesses. The Committee notes that the Government is not currently able to provide information on the impact of this programme and that it promises to provide precise information on this matter in its next report. The Committee also notes that the Government has not provided any information on measures taken to increase the number of women in positions of authority. The Committee hopes that the Government will do its utmost to provide in its next report information on the impact of the programme conducted by the Ministry of Social Affairs and Labour to promote women’s businesses in rural and urban areas. The Committee asks the Government to continue providing information on the measures taken, including by the Ministry of Women’s Affairs and the Women’s Service of the General Directorate of Labour and Manpower, to improve the economic status of women. The Committee once again asks the Government to provide information on the measures taken to encourage and increase the presence of women in positions of authority in the public and private sectors.

2. Sexual harassment. The Committee recalls its previous comments on the information provided by the International Confederation of Free Trade Unions (ICFTU), according to which sexual harassment frequently occurs in export processing zones. The Committee notes that the Government states that it is aware of isolated cases of sexual harassment in the export sector. It also notes that the Ministry of Social Affairs and Labour firmly undertakes to make proposals to the Tripartite Conciliation and Arbitration Board responsible for the redrafting of the Labour Code, with a view to this Board including provisions on sexual harassment in its work. The Committee hopes that the new provisions will define and prohibit both quid pro quo sexual harassment and harassment in the form of a hostile working environment. The Committee refers the Government to its 2002 general observation, so that it may take the necessary measures to ensure effective protection, in law and practice, against this form of discrimination. The Committee asks the Government to provide information on the work of the Tripartite Conciliation and Arbitration Board in respect of sexual harassment. The Committee hopes that the Government will be able to indicate in its next report, the measures taken in law and practice to prevent and prohibit sexual harassment in the workplace, in particular in export processing zones.

3. Equal access to training. The Committee notes that, according to the Government’s report on the application of the Equal Remuneration Convention, 1951 (No. 100), the Ministry of National Education and Occupational Training, through the National Occupational Training Institute, has set up an office called the Coordination Unit for the Vocational Training Programme Aimed at the Training of Young Persons. The Committee hopes that in its next report the Government will be able to provide precise information on the young people who receive training and on the impact of this programme on the improvement of access to vocational training for young women.

4. Political opinion. The Committee notes that, according to the Government’s report, the information provided by the Trade Union Confederation of Haiti on cases of discrimination on the grounds of political opinion is no longer up to date. The Committee notes the Government’s statement to the effect that it avoids any discrimination on the grounds of political opinion. The Committee asks the Government to provide information on the measures taken, in law and practice, to prevent and prohibit discrimination on the ground of political opinion. The Committee reiterates its request to the Government to indicate how effect is given to Article 4 of the Convention concerning the right to appeal of persons suspected of activities prejudicial to the security of the State. The Committee also asks the Government to provide information on any court decisions relating to this matter.

5. National extraction. The Committee notes that the Government is examining the legitimacy of constitutional provisions under which access to public service posts is reserved for Haitians whose mother and father are also Haitian. The Committee notes that according to the Government, the President of the Republic has consulted the social partners and that a discussion group on problems relating to the Constitution has been set up at the trade union sectoral level. The Committee hopes that the Government will take the necessary measures to bring its legislation into line with the principles set forth in the Convention, so as to eliminate any discriminatory provisions relating to access to public employment. The Committee asks the Government to continue to keep it informed of the measures taken, in law and practice, to eliminate discrimination on the ground of national extraction in access to the public service.