Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Haiti (Ratification: 2007)

The Committee notes the Government’ report and the communication of the International Trade Union Confederation (ITUC) of 31 August 2011.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee noted previously that section 2(2) of the Act of 2003 for the prohibition and elimination of all forms of abuse, violence, ill-treatment or inhumane treatment of children (the Act of 2003) prohibits abuse and violence against children, and also their exploitation, such as the offering, procuring, transfer, accommodation, reception or use of children for sexual exploitation, prostitution or pornography. Noting the absence of information in this respect in the Government’s report, the Committee once again requests it to indicate whether the prohibition laid down in section 2(2) of the Act of 2003 applies to all children under 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted previously that section 2(3) of the Act of 2003 prohibits abuse and violence against children, as well as their exploitation, such as the offering, procuring, transfer, accommodation, reception or use of children for illicit activities. It, however, noted that the United Nations Secretary-General, in his report to the General Assembly on children and armed conflict (A/64/742 S/2010/181, of 13 April 2010, paragraph 79), observed that, before the earthquake of January 2010, well organized and well-armed criminal syndicates were using children for, inter alia, transporting weapons and carrying out arson attacks, or destroying public or private property. In addition, the Secretary-General noted that criminals who escaped from prison in the aftermath of the earthquake constitute a serious threat to the security of children, in as much as they seek to recruit them for criminal gangs. Noting the absence of information on this subject in the Government’s report, the Committee requests it once again to provide information on the measures taken or envisaged to ensure the prevention in practice of the use, procuring or offering of children under 18 years of age for illicit activities.

Clause (d). Hazardous work. The Committee previously noted that section 2(5) of the Act of 2003 prohibits abuse and violence against children, and also their exploitation, such as in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. It also noted that, under the terms of section 333 of the Labour Code, minors may not be employed in work which is unhealthy, arduous or hazardous in physical or moral terms, or offer their services in places selling alcoholic beverages. Finally, it noted that section 334 of the Labour Code prohibits night work for minors under 18 years of age in public or private industrial enterprises or their subsidiaries. Noting the absence of information on this subject in the Government’s report, the Committee once again requests it to provide the definition of the terms “minor” and “child” used in section 333 of the Labour Code and section2(5) of the Act of 2003, respectively.

Article 4(1). Determination of hazardous types of work. The Committee previously noted the Government’s indication that the Ministry of Social Affairs and Labour (MAST) had recruited a consultant in January 2009 to conduct investigations with a view to drawing up a list of hazardous types of work. The drawing up of the list would be undertaken with the support of workers’ and employers’ organizations. The Committee also noted the Government’s indication that child labour is virtually non-existent in the formal sector and is found above all in the informal economy, and it is for this reason that MAST worked with the leaders of the Haitian Federation of Small and Medium-Sized Enterprises, which groups together some 50 associations in the informal economy. It finally noted the Government’s undertaking to provide a copy of the validated list with its second report.

However, the Committee observes that the Government has not provided any further information concerning the drawing up of the list of hazardous types of work, and that it has not provided such a list with its report. The Committee once again recalls that, under the terms of Article 4(1) of the Convention, the types of work deemed hazardous shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, and particularly Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee once again expresses the hope that the Government, when drawing up the list of hazardous types of work, will take into consideration the types of work listed in Paragraph 3 of Recommendation No. 190. It urges the Government to take immediate measures to ensure that the list of hazardous types of work is adopted in the very near future and asks it to provide a copy of the list when it has been adopted.

Article 5. Monitoring mechanisms. Labour inspection. The Committee previously noted the Government’s indication that appropriate monitoring mechanisms had not yet been clearly established. The Committee also noted that, under section 411 of the Labour Code, the labour inspectorate is the authority responsible for the monitoring and enforcement of its provisions. It noted that, for this purpose, labour inspectors have the authority to enter freely and without prior notice workplaces under their jurisdiction (section 413). However, it observed that, in accordance with section 411, workplaces under their jurisdiction are restricted to workplaces and other locations where persons are occupied and earn a wage.

The Committee notes the ITUC’s allegations in relation to the Labour Inspection Convention, 1947 (No. 81), that the activities of the labour inspection services have been undermined by serious shortcomings for many years, and that these shortcomings have worsened since the earthquake of 12 January 2010. The ITUC observes that the abrupt deterioration in working conditions, including for young children, illustrates the urgent need for a solid employment policy which includes the strengthening of the labour inspection services in the capital and the provinces. The ITUC adds that labour inspectors have not produced reports on their activities since 1992.

The Committee notes the absence of information on this matter in the Government’s report. It urges the Government to take the necessary measures to strengthen and adapt the capacities of the labour inspectorate to ensure the monitoring of children under 18 years of age engaged in the worst forms of child labour, particularly in the informal economy. It also requests the Government to provide information on the nature and extent of the violations reported, convictions and penalties imposed, in relation to the worst forms of child labour.

Article 6. Programme of action for the elimination of the worst forms of child labour. Further to its previous comments, the Committee notes that, according to the information available from ILO–IPEC, the National Tripartite Commission for the Prevention and Elimination of Child Labour (CNT) was established and officially created by the MAST in June 2012 with the mandate to develop a national plan of action to combat child labour with a view to improving State action in this respect. In the context of the ILO–IPEC project to protect children against child labour during the reconstruction period, implemented in 2011, one of the key objectives is the formulation and implementation of a national plan of action to combat child labour with a view to ensuring coordination between the ministries concerned and the civil society organizations involved. The Committee requests the Government to provide information on the progress achieved in the formulation and implementation of the national plan of action to combat child labour, and on the activities undertaken by the MAST and the CNT for this purpose.

Article 7(1). Penalties. The Committee noted previously that, even though section 2 of the Act of 2003 prohibits abuse and violence against children, and also their exploitation, for example through servitude and forced or compulsory labour, as well as forced services; the use, procuring, transport, transfer, accommodation, reception or use of children for sexual exploitation, prostitution and pornography; the offering, procuring, transfer, accommodation, reception or use of children for illicit activities; work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children; and the recruitment of children for use in armed conflict, no penalties have been established for violations of this provision. The Committee noted the Government’s indication that it was planning to refer the issue of the penalties to be imposed for violations of the Convention to the authorities responsible for judicial reform. Noting the absence of information on this matter in the Government’s report, and once again recalling that, under the terms of Article 7(1) of the Convention, measures have to be taken to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the establishment and application of penal sanctions, the Committee once again requests the Government to take the necessary measures to ensure that the prohibition laid down in section 2 of the Act of 2003 is accompanied by sufficiently effective and dissuasive penalties. It requests the Government to provide information in its next report on any progress achieved in this respect.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee noted previously that, in accordance with Article 32(3) of the Haitian Constitution, primary education is compulsory and educational materials are made available free of charge to pupils in primary school. The Committee, however, noted that, according to UNICEF statistics for 2003–08, the net attendance rate in primary education was only 48 per cent for boys and 52 per cent for girls. In secondary education, the net attendance rate was barely 18 per cent for boys and 21 per cent for girls.

The Committee notes that, in its report submitted to the Human Rights Council on 19 July 2001 in the context of the Universal Periodic Review, the Government states that, although primary education is compulsory and free under the Constitution, the Government is not yet in a position to guarantee full compliance with this constitutional provision on account of its limited resources (A/HRC/WG.6/12/HTI/1, paragraph 52). However, the Government indicates that it is implementing a National Action Strategy for Education for All for the period 2008–15 and that, in August 2010, an operational plan was formulated for the period 2010–15 to adapt the Strategy to the post-earthquake situation.

However, the Committee notes that, according to the compilation prepared by the Office of the High Commissioner for Human Rights on 25 July 2011, in the context of the Universal Periodic Review, despite the considerable efforts made in 2010 by the Government, education services remain inadequate, inefficient and of low standard (A/HRC/WG.6/12/HTI/2, paragraph 65). Furthermore, the Committee notes the ITUC’s allegations that access to education, and particularly free and high quality primary education, constitutes a challenge that has only grown worse since 12 January 2010, and that a very low number of children attend school in Haiti. The ITUC, in collaboration with Education International, launched an urgent appeal for high quality primary education for all, and referred in particular to the wage arrears for over four years for teachers, the inadequacy or non-existence of school infrastructure, the absence of public schools in 130 communal areas and the mismanagement of the funds of the Education for All programme. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee firmly encourages the Government to continue its efforts to improve the functioning of the education system through measures intended in particular to increase the attendance rate at primary and secondary school. It also requests the Government to provide information on the results achieved in the context of the National Action Strategy for Education for All during the period 2008–15.

Clause (c). Access to free basic education for children removed from the worst forms of child labour. The Committee noted previously the Government’s indication that a non-formal education project was established as part of the National Action Strategy for Education for All. Programmes aimed at extending access to basic education to categories of children for whom entry into the formal education system has become impossible, such as child domestic workers and street children, have been drawn up. Noting the absence of information on this subject in the Government’s report, the Committee once again requests the Government to provide information on the measures taken to ensure access to free basic education for all children removed from the worst forms of child labour, and on the results achieved as part of the non-formal education project.

Clause (d). Identifying and reaching out to children at special risk. 1. Street children. The Committee noted previously that Committee on the Rights of the Child (CRC), in its concluding observations (CRC/C/15/ADD.202, of 18 March 2003, paragraph 58), expressed concern at the growing number of street children and the lack of a comprehensive systematic strategy to rectify the situation and to provide these children with the protection and assistance that they require. The CRC also noted with concern that these children are used for the perpetration of offences, and that some of them disappear. Noting the absence of information on this subject in the Government’s report, and considering that street children are at particular risk of becoming engaged in the worst forms of child labour, the Committee once again requests the Government to take effective and time-bound measures to protect street children against the worst forms of child labour and to ensure their rehabilitation and social integration. It requests the Government to provide information in its next report on the progress achieved in this respect.

2. Child victims and orphans of HIV/AIDS. The Committee noted previously that, according to the information provided in the Government’s report of March 2010, as part of the follow-up to the Declaration of Commitment on HIV/AIDS, the number of orphans and other vulnerable children (OVCs) was estimated at 109,000 in 2009. The report also indicated that the results of the survey of living conditions in Haiti conducted between 2005 and 2006 (EMMUS IV) revealed that only 5.2 per cent of OVCs living in shelters had received free external assistance for their care.

The Committee notes that the Government has not provided any information on this matter in its report. However, it notes that, according to the national situation report for Haiti of March 2012 on the Declaration of Commitment on HIV/AIDS, the National Programme to combat AIDS and STDs, immediately following the earthquake in 2010, developed an interim emergency plan setting new priorities for the post-earthquake period with a view to ensuring the continued implementation of the various interventions for prevention, diagnostic care and treatment, palliative care and rehabilitation. In this context, although the national monitoring and assessment system is not in a position to provide reliable data on community interventions, 2,834 OVCs were sent to school during 2011 as a result of the support of the monetary fund. The Committee once again requests the Government to provide additional information on the measures taken to ensure that child HIV/AIDS orphans are not engaged in the worst forms of child labour, and on the results achieved.

3. Child victims of the 2010 earthquake. The Committee notes that on 12 January 2010 Haiti was hit by a 7.0 magnitude earthquake on the Richter scale. The Committee notes that, according to the Government, in its report to the Human Rights Council of 19 July 2011 in the context of the Universal Periodic Review, hundreds of thousands of people lost their lives and some 300,000 were injured as a direct consequence of the earthquake (paragraph 63). The destruction of infrastructure was colossal. Almost 105,000 houses were entirely destroyed and over 208,000 were damaged, including 1,300 schools and over 50 hospitals and centres, which collapsed or were rendered unusable. The Committee observes that the very many families and children who were affected by the earthquake are in a situation of particular vulnerability and are exposed to the serious risks inherent in the absence of safe housing and of any protection against the various forms of abuse and exploitation, including the worst forms of child labour. The Committee notes that the ILO–IPEC project to protect children against child labour during the reconstruction process was implemented in 2011 for a period of three years and that its principal objective is to contribute to the protection of children and young persons against child labour during the initial post-earthquake reconstruction phase. The Committee requests the Government to provide information on the progress achieved in the implementation of the ILO–IPEC project and, more specifically, on the number of children affected by the earthquake who have in practice benefited from prevention measures or have been removed from the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes, that in the context of the ILO–IPEC project to protect children against child labour during the reconstruction process, a rapid assessment of child labour has to be undertaken by the MAST to establish a baseline and improve the capacity to compile statistics. The Committee observes that one of the objectives of the project is to strengthen the knowledge base on child labour. The Committee requests the Government to provide the findings of the rapid assessment on child labour in Haiti as soon as they are available. It once again requests the Government to provide any available information on the worst forms of child labour, including copies or extracts from official documents, such as inspection reports, studies and surveys, and also other information on the nature, extent and trends of these forms of child labour, the number of children protected by the measures giving effect to the Convention, and the number and nature of the violations reported, investigations, prosecutions, convictions and penalties imposed. In so far as possible, such data should be disaggregated by age and sex.