Observation (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’s 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 (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that the Committee on the Rights of the Child had expressed deep concern at the number of cases of trafficking of children from Haiti to the Dominican Republic (CRC/C/15/Add.202, 18 March 2003, concluding observations, paragraph 60). The Committee also noted the September 2006 report on the fact-finding mission of the General Secretariat of the Organization of American States (OAS) relating to the situation with regard to the trafficking of persons and human smuggling in Haiti, which emphasized a trend for trafficking and human smuggling to become systematic in the country.

The Committee also noted that, according to the report of the United Nations Special Rapporteur on contemporary forms of slavery, its causes and consequences (A/HRC/12/21/Add.1, of 4 September 2009, paragraph 19) (report of the Special Rapporteur), a new trend has been observed with regard to the employment of children as domestic workers (designated by the Creole term restavèks). This consists of the emergence of persons who recruit children from rural areas to work as domestic servants in urban families and outside the home in markets. The Special Rapporteur noted that this new trend has caused many observers to describe the phenomenon as trafficking, since parents are now handing their children over to strangers, whereas previously they entrusted the children to relatives. The Committee also observed that, according to a UNICEF press release of 15 October 2010, the number of child victims of trafficking had increased since the earthquake of January 2010, with traffickers taking advantage of the resulting chaos to prey on children who were lost or separated from their parents.

The Committee previously noted with interest the Government’s information concerning the preparation and adoption of preliminary draft legislation on trafficking in persons, under the terms of which the procuring, enlistment, transfer, transportation, accommodation or reception of a child for the purposes of exploitation are considered as trafficking and constitute a violation of the law. The draft legislation provides that trafficking in children, defined as any persons under 18 years of age, constitutes an aggravating circumstance giving rise to liability to the maximum penalty established by law. However, the Committee observed that, in its concluding observations, the Committee on the Elimination of Discrimination Against Women (CEDAW) expressed concern at the fact that, despite the alarmingly high number of women victims of trafficking in Haiti, specific legislation criminalizing trafficking was still in draft form and had not yet been submitted to Parliament (CEDAW/C/HTI/CO/7, of 10 February 2009, paragraph 26). CEDAW observed that cases of trafficking might result in insufficient investigations, consequently leading to impunity for perpetrators.

The Committee notes the ITUC’s allegations that smuggling and trafficking in children is continuing, particularly towards the Dominican Republic. The ITUC has gathered serious eyewitness reports of sexual abuse and violence, even including murder, against young women and young girls who have been trafficked, particularly by Dominican military personnel. The ITUC expresses concern at the fact that there does not appear to be a law under which those responsible for trafficking in persons can be brought to justice. The ITUC is launching an appeal to the Government of Haiti for every effort to be made to ensure that the draft legislation on trafficking and the protection of victims of trafficking is adopted as a matter of great urgency, in consultation with the social partners, and that resources are made available for its implementation.

The Committee notes the Government’s indication that the absence of specific legislation on the smuggling and trafficking in persons constitutes a significant legal void. The Government adds that efforts are being made to prevent, punish and suppress trafficking in persons, but that these efforts have not up to now had any impact, as the draft legislation on smuggling and trafficking in persons has still not been adopted by Parliament. According to ILO/IPEC information, very little progress has been achieved in the adoption of the draft legislation. The Committee, therefore, expresses its deep concern at the situation and exploitation of children, and particularly young girls, who are victims of trafficking in Haiti, and at the fact that the draft legislation on smuggling and trafficking in persons does not appear to be in the process of being adopted. The Committee, therefore, requests the Government to take the necessary measures to ensure that the Bill on trafficking in children is adopted as a matter of great urgency and requests the Government to provide information on any further developments in this respect. It also urges the Government to take immediate and effective measures to ensure that in-depth investigations and effective prosecutions are completed with regard to persons who have engaged in delivering children under 18 years of age for sale or trafficking.

Clauses (a) and (d). Forced or compulsory labour and hazardous work. Child domestic labour. In its previous comments, the Committee noted the situation of hundreds of thousands of restavèk children who are often exploited under conditions that qualify as forced labour. It noted that in practice many of these children, some of whom are only 4 or 5 years old, are the victims of exploitation, are obliged to work long hours without pay, face all kinds of discrimination and bullying, receive poor lodging and food and are often victims of physical, psychological and sexual abuse. In addition, very few of them attend school. The Committee also noted the repeal of Chapter IX of Title V of the Labour Code, relating to children in service, by 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). It noted that the prohibition set out in section 2(1) of the Act of 2003 covers the exploitation of children, including servitude, forced or compulsory labour, forced services and 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, without however establishing penalties for violations of its provisions. The Committee noted that the repealed provisions included section 341 of the Labour Code, under which a child from the age of 12 years could be entrusted to a family to be engaged in domestic work. The Committee nevertheless observed that section 3 of the Act of 2003 provides that a child may be entrusted to a host family in the context of a relationship of assistance and solidarity.

The Committee noted previously that the Special Rapporteur, in her report, expressed deep concern at the vagueness of the concept of assistance and solidarity and considered that the provisions of the Act of 2003 allow the practice of restavèk to be perpetuated. According to the report of the Special Rapporteur, the number of children working as restavèk is between 150,000 and 500,000 (paragraph 17), which represents about one in ten children in Haiti (paragraph 23). Following interviews with restavèk children, the Special Rapporteur ascertained that all of them were given heavy workloads by their host families, which were often incompatible with their full physical and mental development (paragraph 25). Moreover, the Special Rapporteur was told that these children are often ill-treated and subjected to physical, psychological and sexual abuse (paragraph 35). Representatives of the Government and of civil society pointed out that cases of children being beaten and burnt were routinely reported (paragraph 37). The Committee noted that, in view of these findings, the Special Rapporteur described the restavèk system as a contemporary form of slavery.

The Committee notes the ITUC’s allegations that the earthquake of 12 January 2010 resulted in an abrupt deterioration in the living conditions of the population of Haiti and increasingly precarious working conditions. According to the ITUC, an increasing number of children are engaged as restavèk and it is highly probable that their conditions have deteriorated further. Many of the eyewitness accounts gathered by the ITUC refer to extremely arduous working conditions, and exploitation is often combined with degrading working conditions, very long hours of work, the absence of leave and sexual exploitation and situations of extreme violence.

The Committee notes the Government’s recognition that the engagement of restavèk children in domestic work is similar to forced labour. It once again expresses deep concern at the exploitation of children under 18 years of age in domestic work performed under conditions similar to slavery and in hazardous conditions. It once again reminds the Government that, under the terms of Article 3(a) and (d) of the Convention, work or employment by children under 18 years of age under conditions that are similar to slavery or that are hazardous comprise the worst forms of child labour and, under the terms of Article 1, are to be eliminated as a matter of urgency. The Committee requests the Government to take immediate and effective measures to ensure in law and practice that children under 18 years of age are not engaged as domestic workers under conditions similar to slavery or in hazardous conditions, taking into account the special situation of girls. In this respect, it urges the Government to take the necessary measures to amend the provisions of the national legislation, and particularly section 3 of the Act of 2003, which allow the continuation of the practice of restavèk. The Committee also requests the Government to take the necessary measures to ensure that in-depth investigations are conducted and effective prosecutions of persons subjecting children under 18 years of age to forced domestic work or to hazardous domestic labour, and that sufficiently effective and dissuasive penalties are imposed in practice.

Article 5. Monitoring mechanisms. Child protection brigade. The Committee notes the ITUC’s allegations that a child protection brigade (BPM) exists in Haiti protecting the borders. However, the ITUC indicates that the corruption of officials on both sides of the border has not been eradicated and that the routes for trafficking in persons avoid the four official border posts and pass through remote locations where more serious situations of abuse against the life and integrity of migrants probably occur.

The Committee notes the Government’s indication that the BPM is a specialized police unit which arrests traffickers, who are then brought to justice. However, the Government adds that, during judicial inquiries, procedural issues are often used by those charged to escape justice. The Committee is bound to express concern at the weakness of the monitoring mechanisms in preventing the phenomenon of trafficking in children for exploitation. The Committee requests the Government to take the necessary measures to strengthen the capacity of the BPM to monitor and combat trafficking in children under 18 years of age and to bring those guilty to justice. It requests the Government to provide information on the measures adopted in this respect and the results achieved.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Sale and trafficking. In its previous comments, the Committee noted that, according to the United Nations Office on Drugs and Crime report of February 2009: Global Report on Trafficking in Persons, no system exists to provide the victims of trafficking with care or assistance, nor are there any reception centres for victims of trafficking. It also noted that CEDAW, in its concluding observations (CEDAW/C/HTI/CO/7, 10 February 2009, paragraph 26), expressed concern at the lack of reception centres for women and girls who are victims of trafficking.

The Committee notes the ITUC’s allegations that there is a public system of care and assistance for persons who are victims of trafficking. The reports gathered by the ITUC indicate that victims are referred to the police forces, which relay them to the Social Welfare and Research Institute (IBESR), which then places them in reception centres.

The Committee notes the Government’s indication that a pilot social protection programme was envisaged, but that the earthquake of 12 January 2010 undermined the implementation of the programme. The Committee urges the Government to take effective measures for the provision of the necessary and appropriate direct assistance for the removal of child victims of sale and trafficking and for their rehabilitation and social integration. In this respect, it requests the Government to provide information on the number of children under 18 years of age who are victims of trafficking and who have been placed in reception centres through the police forces and the IBESR.

Clause (d). Identifying and reaching out to children at special risk. Restavèk children. In its previous comments, the Committee noted the existence of programmes for the reintegration of restavèk children established by the IBESR in cooperation with various international and non-governmental organizations. It noted that these programmes focus on reintegration in the family setting with a view to promoting the social and psychological development of the children concerned. However, it noted that the Committee on the Rights of the Child, in its concluding observations, had expressed deep concern at the situation of restavèk children placed in domestic service and recommended that the Government take urgent steps to ensure that restavèk children are provided with physical and psychological rehabilitation and social reintegration services (CRC/C/15/Add.202, 18 March 2003, paragraphs 56 and 57).

The Committee notes the ITUC’s indications that it has been informed of initiatives for the reintegration of restavèk children implemented, among others, with the support of UNICEF and the International Organization for Migration (IOM). While welcoming these initiatives, the ITUC calls on the Government to ensure that these programmes continue to be combined with measures intended to improve the living conditions of the families of origin of the children.

The Committee notes the Government’s indication that cases of the ill-treatment of children in domestic service are taken up by the IBESR, which is responsible for placing them in families for the purposes of their physical and psychological rehabilitation. However, the Government recognizes that there are still only a few such cases. The Committee urges the Government to intensify its efforts to ensure that restavèk children benefit from physical and psychological rehabilitation and social integration services in the framework of programmes for the reintegration of restavèk children or through the IBESR. It requests the Government to provide information on the tangible results achieved in terms of the number of children who have benefitted from such measures. The Committee encourages the Government to ratify the Domestic Workers Convention, 2011 (No. 189), which has key provisions for child protection.

Article 8. International cooperation. Sale and trafficking of children. The Committee previously noted that the Ministry of Social Affairs and Labour, in cooperation with the Ministry of Foreign Affairs, was studying the problem of the exploitation of persons in sugar cane plantations in the Dominican Republic and of children reduced to begging in that country, and intends to engage in bilateral negotiations with a view to resolving the situation. It also noted that CEDAW, in its concluding observations (CEDAW/C/HTI/CO/7, 10 February 2009, paragraph 27), encourage the Government “to conduct research on the root causes of trafficking and to enhance bilateral and multilateral cooperation with neighbouring countries, in particular the Dominican Republic, to prevent trafficking and bring perpetrators to justice”.

The Committee notes once again that the Government’s report does not contain information on this subject. It once again requests the Government to provide information in its next report on the progress made in the negotiations for the adoption of a bilateral agreement with the Dominican Republic.

The Committee is raising other points in a request addressed directly to the Government.