Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2011. The Committee also notes that the Government has been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP) of 30 August 2017 and requests the Government to provide its comments in this respect.

Articles 3(2) and 4 of the Convention. Annual repetition of medical examinations, medical examination for fitness for employment in types of work with high risks to health, re-examinations until the age of 21, and determination of these types of work. In its previous comments, the Committee noted that, under section 336(3) of the Decree of 24 February 1984 updating 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. However, the Committee noted 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(2) of the Convention. The Committee also noted that the national legislation does not contain provisions giving effect to Article 4 of the Convention.

The Committee notes the Government’s indication that it will take these comments into account within the framework of the review of the labour legislation. The Committee expresses the hope that, within the framework of the review of the legislation, the Government will adopt provisions implementing Articles 3(2) and 4 of the Convention. It requests the Government to provide information on any progress made in this regard.

Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s indication that the number of young persons who work in the industrial sector is very limited, and that these young persons have been subjected to medical examinations, as provided for in the Convention. In this regard, the Government indicates that, between 2007 and 2011, only two certificates attesting fitness for employment were delivered by the Directorate of the Ministry of Social Affairs and Labour. The Committee requests the Government to supply information on the activities of the Labour Inspectorate, by providing extracts of labour inspection reports and indicating the number and nature of violations reported, as well as penalties applied.