Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Forced Labour Convention, 1930 (No. 29) - Haiti (Ratification: 1958)

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP) received on 4 September 2019. The Committee requests the Government to provide its comments in this respect.

The Committee notes with deep 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. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

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, the absence of penal sanctions and the lack of resources to combat offences related to forced labour and human trafficking.

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 2012.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the status of the bill on trafficking in persons and on other measures taken to combat trafficking. The Committee notes that the Government’s report has not been received. However, it notes that in April 2014 the Act on Combating Trafficking in Persons was adopted. The Committee notes that the Act criminalizes trafficking in persons for the purpose of exploitation and provides for prison sentences ranging from seven to 15 years (sections 1 and 11 et seq.) – penalties that may be increased in case of aggravating circumstances. The law also contains provisions on prevention; rules regulating the investigation, prosecution, repression and punishment of perpetrators; protection and assistance to victims; promoting national and international cooperation. The Act also provides for the establishment of the National Committee against Trafficking in Persons, which is a sectorial and inter-ministerial body that has among its functions to coordinate all anti-trafficking activities, to prevent and combat trafficking in all its forms, and to guarantee the protection of victims (articles 2–7). A Special Fund against Trafficking in Persons will also be created which will be used to finance activities against trafficking in persons, with particular emphasis on assistance to victims (article 7).

The Committee hopes that the adoption of the Act on Combating Trafficking in Persons will allow for this scourge to be more effectively combated and that the Government will take all the necessary measures to implement all aspects of the Act. The Committee requests the Government to provide detailed information in this regard and in particular on the activities conducted by the National Committee against Trafficking in Persons. Please also indicate whether the Special Fund against Trafficking in Persons has been created and the manner in which it guarantees the protection of victims and gives them the assistance provided for in the Act. Finally, recalling that, in accordance with Article 25 of the Convention, the exaction of forced labour shall be punished with criminal penalties that are adequately enforced, the Committee requests the Government to provide information on the investigations and the judicial proceedings under way and on convictions that have been pronounced on the basis of the Act of 2014.