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

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

While noting the difficult situation prevailing in the country, the Committee notes with deep concern that the Government’s reports on Convention No. 77 and on Convention No. 78, both due since 2016, have not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of these Conventions on the basis of the information at its disposal.

In order to provide an overview of matters relating to the application of the main Conventions on the medical examination of young persons, the Committee considers it appropriate to examine Conventions Nos 77 and 78 in a single comment.

Articles 2, 3 and 4 of Conventions Nos. 77 and 78. 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. The Committee previously noted that, according to section 336 of 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 observed that the Labour Code does not require these examinations to be repeated at intervals of not more than one year, in accordance with Article 3, paragraph 2 of both Conventions. Furthermore, the Committee noted that the Labour Code does not contain provisions concerning the medical examination for fitness of children and young persons for occupations involving high health risks, until at least the age of 21 years, as required by Article 4 of both Conventions.

The Committee notes that, in its observations of 4 September 2019, the Confederation of Public and Private Sector Workers (CTSP) refers to the presence of working children in the informal economy carrying out activities in the sectors of transportation, mining, construction and the textile industry who are not covered by the Labour Code and, therefore, excluded from the requirement of medical examinations for fitness for employment. The Committee also notes from the 2016 Government’s report to the Human Rights Council that a tripartite commission comprising representatives of employers, employees and the Government was set up to update the labour code (A/HRC/WG.6/HTI/1 paragraph 116). The Committee requests the Government to take all the necessary measures to ensure that all children and young persons carrying out industrial and non-industrial occupations, including in the informal economy, benefit from the protection conferred by Conventions Nos. 77 and 78. The Committee also requests the Government to take the necessary measures, within the framework of the ongoing revision of the Labour Code, to ensure that: 1) the continued employment of a child or young person under eighteen years of age is subject to the repetition of medical examinations for fitness for employment at intervals of no more than one year; and 2) medical examination and re-examinations for fitness for employment is required for persons until at least the age of twenty-one years when they carry out occupations involving high health risks, indicating the categories of occupations for which such an examination is required. The Committee requests the Government to provide information on any progress made in this regard.

Article 7(2)(a) and (b) of Convention No. 78. 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. The Committee previously noted that the Labour Code does not contain provisions ensuring 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 any other occupation carried out in the streets or in places to which the public have access. The Committee noted the Government’s indication that itinerant workers (young persons) 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 section 336 of the Labour Code. It also noted that the Government indicated that efforts would be made to secure effective supervision of itinerant workers (young persons). Noting the absence of information on this matter, the Committee requests the Government to take measures to ensure supervision of the application of the system of medical examination for fitness for employment to 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. The Committee requests the Government to provide information on any progress made in this regard.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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 2021, 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.

Repetition

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 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.

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. The Committee 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.

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

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 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.

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. The Committee 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.

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

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.

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.

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

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.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP) of 31 August 2016 and requests the Government to provide its comments in this respect. It also notes 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.

Repetition

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.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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.

Part V of the report form. 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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report and the ratification of the Worst Forms of Child Labour Convention, 1999 (No. 182), on 19 July 2007. It also notes that a draft children’s code is currently being prepared and requests the Government to provide a copy as soon as it has been adopted.

Article 3, paragraph 2, of the Convention. Annual repetition of medical examinations. The Committee notes that, under section 336(3) of the Decree of 24 February 1984 updating the Labour Code of 12 September (“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. The Committee notes 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, paragraph 2, of the Convention. The Committee requests the Government to indicate whether the national legislation prescribes an interval at which the medical examination for fitness for employment of young persons under the age of 18 is to be repeated.

Article 4. Medical examination and re-examinations for fitness for employment until the age of 21. Noting the absence of information on this point in the Government’s report, the Committee requests it once again to indicate whether, in occupations which involve high health risks, medical examination and re-examinations for fitness for employment are required until the age of 21.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted the comments made by the Trade Union Confederation of Haiti (CSH) and requested the Government to provide detailed information on the application of the Convention in practice. In its report, the Government indicates that for the past ten years the country has been plagued by serious political and security-related problems, which has not facilitated normal and regular operation of the country’s institutions. The Government also indicates that the country’s industries have stopped hiring minors, and in its visits to the country’s enterprises the general labour inspectorate has not reported the presence of minors. The Committee notes, however, that, in its concluding observations on the Government’s initial report in March 2003, the Committee on the Rights of the Child noted with deep concern the high number of under-age children involved in labour who were working long hours, which has a negative effect on their development and school attendance (CRC/C/15/Add.202, paragraph 54). The Committee therefore requests the Government to provide information on the number of young persons who are working and have undergone the medical examinations provided for in the Convention, as well as on the work of labour inspectors, providing extracts from the reports of the inspection services and indicating, where appropriate, the number and nature of the contraventions reported and sanctions imposed.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the comments made by the Trade Union Confederation of Haiti (CSH) under the Convention. It notes that the report due in accordance with article 22 of the Constitution of the ILO has not been received by the International Labour Office. The Committee therefore requests the Government to provide the required report. It hopes that this report will contain full particulars on the application of the Convention in practice. In particular, it requests the Government to indicate the measures adopted to ensure that young persons under 18 years of age are subject to medical examinations for fitness for employment, to be repeated at intervals, up to the age of 21 years at least, where such young persons are engaged in work which involves high health risks, as envisaged in Article 4 of the Convention. It also hopes that the information that the Government will send will give a general appreciation on the manner in which the Convention is applied including, for instance, extracts from the reports of the inspection services and, if such statistics are available, information concerning the number and nature of the contraventions reported, etc., as indicated in Part V of the report form for the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the comments made by the Trade Union Confederation of Haiti (CSH) under the Convention. It notes that the report due in accordance with article 22 of the Constitution of the ILO has not been received by the International Labour Office. The Committee therefore requests the Government to provide the required report. It hopes that this report will contain full particulars on the application of the Convention in practice. In particular, it requests the Government to indicate the measures adopted to ensure that young persons under 18 years of age are subject to medical examinations for fitness for employment, to be repeated at intervals, up to the age of 21 years at least, where such young persons are engaged in work which involves high health risks, as envisaged in Article 4 of the Convention. It also hopes that the information that the Government will send will give a general appreciation on the manner in which the Convention is applied including, for instance, extracts from the reports of the inspection services and, if such statistics are available, information concerning the number and nature of the contraventions reported, etc., as indicated in Part V of the report form for the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the comments made by the Trade Union Confederation of Haiti (CSH) under the Convention. It notes that the report due in accordance with article 22 of the Constitution of the ILO has not been received by the International Labour Office. The Committee therefore requests the Government to provide the required report. It hopes that this report will contain full particulars on the application of the Convention in practice. In particular, it requests the Government to indicate the measures adopted to ensure that young persons under 18 years of age are subject to medical examinations for fitness for employment, to be repeated at intervals, up to the age of 21 years at least, where such young persons are engaged in work which involves high health risks, as envisaged in Article 4 of the Convention. It also hopes that the information that the Government will send will give a general appreciation on the manner in which the Convention is applied including, for instance, extracts from the reports of the inspection services and, if such statistics are available, information concerning the number and nature of the contraventions reported, etc., as indicated in Part V of the report form for the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the comments made by the Trade Union Confederation of Haiti (CSH) under the Convention. It notes that the report due in accordance with article 22 of the Constitution of the ILO has not been received by the International Labour Office. The Committee therefore requests the Government to provide the required report. It hopes that this report will contain full particulars on the application of the Convention in practice. In particular, it requests the Government to indicate the measures adopted to ensure that young persons under 18 years of age are subject to medical examinations for fitness for employment, to be repeated at intervals, up to the age of 21 years at least, where such young persons are engaged in work which involves high health risks, as envisaged in Article 4 of the Convention. It also hopes that the information that the Government will send will give a general appreciation on the manner in which the Convention is applied including, for instance, extracts from the reports of the inspection services and, if such statistics are available, information concerning the number and nature of the contraventions reported, etc., as indicated in Part V of the report form for the Convention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the comments made by the Trade Union Confederation of Haiti (CSH) under the Convention. It notes that the report due in accordance with article 22 of the Constitution of the ILO has not been received by the International Labour Office. The Committee therefore requests the Government to provide the required report. It hopes that this report will contain full particulars on the application of the Convention in practice. In particular, it requests the Government to indicate the measures adopted to ensure that young persons under 18 years of age are subject to medical examinations for fitness for employment, to be repeated at intervals, up to the age of 21 years at least, where such young persons are engaged in work which involves high health risks, as envisaged in Article 4 of the Convention. It also hopes that the information that the Government will send will give a general appreciation on the manner in which the Convention is applied including, for instance, extracts from the reports of the inspection services and, if such statistics are available, information concerning the number and nature of the contraventions reported, etc., as indicated in Part V of the report form for the Convention.