Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP) received on 30 August 2017 and 29 August 2018, concerning the lack of labour inspections related to child labour.

The Committee notes the Government’s communication received on 30 October 2018 in which it informs the Committee that, further to the conclusions of the Conference Committee, it has requested ILO technical assistance with a view to helping in the presentation of the reports due, strengthening the inspection services, consolidating social dialogue for the continuation of social reforms, and addressing the other points raised by the Conference Committee. The Government adds that it hopes to receive the requested assistance before the next session of the International Labour Conference. The Committee hopes that this technical assistance will be provided without delay.

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2011.

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 the Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77).

Article 7(2)(a) of the Convention. 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. In its report, the Government indicated 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 further indicated that efforts would be made to secure effective supervision of itinerant workers (young persons).

The Committee notes the Government’s assertion that it takes note of the Committee’s recommendations and that it foresees working in that direction. The Committee reminds the Government once again that, under Article 7(2)(a), 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 out 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 their medical examination). The Committee expresses the firm hope that, within the framework of the review of the labour legislation, the necessary measures will be taken in order to give effect to this provision of the Convention. It requests the Government to provide information on any progress made in this regard.