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

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.

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.

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.

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.

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.

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

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.

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.

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.

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

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.

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

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.

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

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 Convention No. 77.

Article 2 of the Convention. Medical examination in the domestic sector. In its previous comments, the Committee noted that work by children employed in domestic service was regulated by sections 341–356 of the Labour Code. It noted that these provisions did not give effect to Article 2 of the Convention and requested the Government to take the necessary measures to ensure that children and young persons under 18 years of age working in the domestic sector were also subject to a prior medical examination for fitness for employment. The Committee notes that, in its concluding observations on the initial report of Haiti, in March 2003, the Committee on the Rights of the Child expressed its deep concern at the situation of child domestic workers (restaveks), and in particular at the very low age (12 years) provided for in section 341 of the Labour Code at which these children can be placed with families, taking into account that, in practice, even younger children are concerned (CRC/C/15/Add.202, paragraph 56). The Committee also notes that, according to the Global Report under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work (see paragraph 97), more than 250,000 children from disadvantaged families are employed as domestic workers (restaveks). The Committee notes the information provided by the Government that sections 341–356 of the Labour Code have been repealed by an Act of 8 June 2003 and are no longer in force, with child domestic labour no longer being authorized. The Committee requests the Government to provide a copy of the Act of 8 June 2003 and the provisions prohibiting child domestic labour.

Article 7, paragraph 2(a). 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. It requested the Government to adopt measures to give effect to this provision of the Convention. In its report, the Government indicates 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 also indicates that efforts will be made to secure effective supervision of itinerant workers (young persons).

The Committee notes that, in its concluding observations of March 2003, the Committee on the Rights of the Child expressed its concern at the increasing number of street children and the lack of a systematic and comprehensive strategy to address this situation and to provide these children with adequate protection and assistance (CRC/C/15/Add.202, paragraph 58). While noting the information provided by the Government, the Committee reminds the Government once again that, under Article 7, paragraph 2(a), of the Convention, 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 on 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 the medical examination). The Committee therefore requests the Government to take the necessary measures in the very near future, to ensure supervision of 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 on in the streets or in places to which the public have access, in accordance with Article 7, paragraph 2(a), of the Convention.

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:

1. The Committee notes the comments made by the Trade Union Confederation of Haiti (CSH). The CSH states that, according to the information gathered by its members, the only children who worked in agriculture are those helping their parents in family farms. However, the legislation does not provide for medical examinations for these young workers. Furthermore, young persons working in the informal sector and in domestic work are not covered by the legislation.

2. With regard to domestic work, the Committee notes that work by children and young persons in domestic service is governed by sections 341 to 356 of the Labour Code, as amended by the Decree of 24 February 1984. The Committee notes that, by virtue of section 343 of the Labour Code, before taking a child into service, all persons must obtain a work permit issued by the directorate of the Social Welfare and Research Institute or the IBESR, after controlling the conditions set out in section 342 of the Labour Code, which determine the conditions to be fulfilled by the employer at the individual level. Section 344 of the Labour Code lays down the information which must be contained in this permit. It also provides that the permit has to be renewed each year until the young person employed reaches the age of 15 years and that such renewal must be accompanied by a physical, moral and intellectual examination of the minor employed. This examination is carried out by the competent services of the IBESR. The Committee notes that children and young persons employed in domestic service are not subject to a medical examination for fitness for employment prior to their admission to such employment, as required by section 336 of the Labour Code, as amended, for children and young persons under 18 years of age engaged in industrial, agricultural or commercial enterprises. As a result, the above provisions respecting work by children in domestic service do not give effect to the obligation set out in Article 2 of the Convention. The Committee therefore requests the Government to take the necessary measures in this respect to ensure that children and young persons under 18 years of age working in the domestic sector are also subject to a medical examination for fitness for employment before their admission to employment.

3. Article 7, paragraph 2(a). The Committee notes that the provisions of the Labour Code respecting work by minors (sections 332 and the following) do not contain any specific provision requiring the identification of the children and young persons engaged either on their own account or on account of their parents in itinerant trading or any other occupation carried on in the streets or in places to which the public have access. The Committee requests the Government, if there are no provisions in laws or regulations requiring the identification of children and young persons engaged in the above types of work, to take the necessary measures to give effect to this provision of the Convention.

4. Finally, the Committee requests the Government to provide information enabling it to assess the manner in which the Convention is applied in the country including, for instance, extracts from the reports of the inspection services and, where the statistics compiled make this possible, information on the number and nature of the contraventions reported, etc., in accordance with 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:

1. The Committee notes the comments made by the Trade Union Confederation of Haiti (CSH). The CSH states that, according to the information gathered by its members, the only children who worked in agriculture are those helping their parents in family farms. However, the legislation does not provide for medical examinations for these young workers. Furthermore, young persons working in the informal sector and in domestic work are not covered by the legislation.

2. With regard to domestic work, the Committee notes that work by children and young persons in domestic service is governed by sections 341 to 356 of the Labour Code, as amended by the Decree of 24 February 1984. The Committee notes that, by virtue of section 343 of the Labour Code, before taking a child into service, all persons must obtain a work permit issued by the directorate of the Social Welfare and Research Institute or the IBESR, after controlling the conditions set out in section 342 of the Labour Code, which determine the conditions to be fulfilled by the employer at the individual level. Section 344 of the Labour Code lays down the information which must be contained in this permit. It also provides that the permit has to be renewed each year until the young person employed reaches the age of 15 years and that such renewal must be accompanied by a physical, moral and intellectual examination of the minor employed. This examination is carried out by the competent services of the IBESR. The Committee notes that children and young persons employed in domestic service are not subject to a medical examination for fitness for employment prior to their admission to such employment, as required by section 336 of the Labour Code, as amended, for children and young persons under 18 years of age engaged in industrial, agricultural or commercial enterprises. As a result, the above provisions respecting work by children in domestic service do not give effect to the obligation set out in Article 2 of the Convention. The Committee therefore requests the Government to take the necessary measures in this respect to ensure that children and young persons under 18 years of age working in the domestic sector are also subject to a medical examination for fitness for employment before their admission to employment.

3. Article 7, paragraph 2(a). The Committee notes that the provisions of the Labour Code respecting work by minors (sections 332 and the following) do not contain any specific provision requiring the identification of the children and young persons engaged either on their own account or on account of their parents in itinerant trading or any other occupation carried on in the streets or in places to which the public have access. The Committee requests the Government, if there are no provisions in laws or regulations requiring the identification of children and young persons engaged in the above types of work, to take the necessary measures to give effect to this provision of the Convention.

4. Finally, the Committee requests the Government to provide information enabling it to assess the manner in which the Convention is applied in the country including, for instance, extracts from the reports of the inspection services and, where the statistics compiled make this possible, information on the number and nature of the contraventions reported, etc., in accordance with 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:

1. The Committee notes the comments made by the Trade Union Confederation of Haiti (CSH). The CSH states that, according to the information gathered by its members, the only children who worked in agriculture are those helping their parents in family farms. However, the legislation does not provide for medical examinations for these young workers. Furthermore, young persons working in the informal sector and in domestic work are not covered by the legislation.

2. With regard to domestic work, the Committee notes that work by children and young persons in domestic service is governed by sections 341 to 356 of the Labour Code, as amended by the Decree of 24 February 1984. The Committee notes that, by virtue of section 343 of the Labour Code, before taking a child into service, all persons must obtain a work permit issued by the directorate of the Social Welfare and Research Institute or the IBESR, after controlling the conditions set out in section 342 of the Labour Code, which determine the conditions to be fulfilled by the employer at the individual level. Section 344 of the Labour Code lays down the information which must be contained in this permit. It also provides that the permit has to be renewed each year until the young person employed reaches the age of 15 years and that such renewal must be accompanied by a physical, moral and intellectual examination of the minor employed. This examination is carried out by the competent services of the IBESR. The Committee notes that children and young persons employed in domestic service are not subject to a medical examination for fitness for employment prior to their admission to such employment, as required by section 336 of the Labour Code, as amended, for children and young persons under 18 years of age engaged in industrial, agricultural or commercial enterprises. As a result, the above provisions respecting work by children in domestic service do not give effect to the obligation set out in Article 2 of the Convention. The Committee therefore requests the Government to take the necessary measures in this respect to ensure that children and young persons under 18 years of age working in the domestic sector are also subject to a medical examination for fitness for employment before their admission to employment.

3. Article 7, paragraph 2(a). The Committee notes that the provisions of the Labour Code respecting work by minors (sections 332 and the following) do not contain any specific provision requiring the identification of the children and young persons engaged either on their own account or on account of their parents in itinerant trading or any other occupation carried on in the streets or in places to which the public have access. The Committee requests the Government, if there are no provisions in laws or regulations requiring the identification of children and young persons engaged in the above types of work, to take the necessary measures to give effect to this provision of the Convention.

4. Finally, the Committee requests the Government to provide information enabling it to assess the manner in which the Convention is applied in the country including, for instance, extracts from the reports of the inspection services and, where the statistics compiled make this possible, information on the number and nature of the contraventions reported, etc., in accordance with 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:

1. The Committee notes the comments made by the Trade Union Confederation of Haiti (CSH). The CSH states that, according to the information gathered by its members, the only children who worked in agriculture are those helping their parents in family farms. However, the legislation does not provide for medical examinations for these young workers. Furthermore, young persons working in the informal sector and in domestic work are not covered by the legislation.

2. With regard to domestic work, the Committee notes that work by children and young persons in domestic service is governed by sections 341 to 356 of the Labour Code, as amended by the Decree of 24 February 1984. The Committee notes that, by virtue of section 343 of the Labour Code, before taking a child into service, all persons must obtain a work permit issued by the directorate of the Social Welfare and Research Institute or the IBESR, after controlling the conditions set out in section 342 of the Labour Code, which determine the conditions to be fulfilled by the employer at the individual level. Section 344 of the Labour Code lays down the information which must be contained in this permit. It also provides that the permit has to be renewed each year until the young person employed reaches the age of 15 years and that such renewal must be accompanied by a physical, moral and intellectual examination of the minor employed. This examination is carried out by the competent services of the IBESR. The Committee notes that children and young persons employed in domestic service are not subject to a medical examination for fitness for employment prior to their admission to such employment, as required by section 336 of the Labour Code, as amended, for children and young persons under 18 years of age engaged in industrial, agricultural or commercial enterprises. As a result, the above provisions respecting work by children in domestic service do not give effect to the obligation set out in Article 2 of the Convention. The Committee therefore requests the Government to take the necessary measures in this respect to ensure that children and young persons under 18 years of age working in the domestic sector are also subject to a medical examination for fitness for employment before their admission to employment.

3. Article 7, paragraph 2(a). The Committee notes that the provisions of the Labour Code respecting work by minors (sections 332 and the following) do not contain any specific provision requiring the identification of the children and young persons engaged either on their own account or on account of their parents in itinerant trading or any other occupation carried on in the streets or in places to which the public have access. The Committee requests the Government, if there are no provisions in laws or regulations requiring the identification of children and young persons engaged in the above types of work, to take the necessary measures to give effect to this provision of the Convention.

4. Finally, the Committee requests the Government to provide information enabling it to assess the manner in which the Convention is applied in the country including, for instance, extracts from the reports of the inspection services and, where the statistics compiled make this possible, information on the number and nature of the contraventions reported, etc., in accordance with Part V of the report form for the Convention.

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

1. The Committee notes the comments made by the Trade Union Confederation of Haiti (CSH). The CSH states that, according to the information gathered by its members, the only children who worked in agriculture are those helping their parents in family farms. However, the legislation does not provide for medical examinations for these young workers. Furthermore, young persons working in the informal sector and in domestic work are not covered by the legislation.

2. With regard to domestic work, the Committee notes that work by children and young persons in domestic service is governed by sections 341 to 356 of the Labour Code, as amended by the Decree of 24 February 1984. The Committee notes that, by virtue of section 343 of the Labour Code, before taking a child into service, all persons must obtain a work permit issued by the directorate of the Social Welfare and Research Institute or the IBESR, after controlling the conditions set out in section 342 of the Labour Code, which determine the conditions to be fulfilled by the employer at the individual level. Section 344 of the Labour Code lays down the information which must be contained in this permit. It also provides that the permit has to be renewed each year until the young person employed reaches the age of 15 years and that such renewal must be accompanied by a physical, moral and intellectual examination of the minor employed. This examination is carried out by the competent services of the IBESR. The Committee notes that children and young persons employed in domestic service are not subject to a medical examination for fitness for employment prior to their admission to such employment, as required by section 336 of the Labour Code, as amended, for children and young persons under 18 years of age engaged in industrial, agricultural or commercial enterprises. As a result, the above provisions respecting work by children in domestic service do not give effect to the obligation set out in Article 2 of the Convention. The Committee therefore requests the Government to take the necessary measures in this respect to ensure that children and young persons under 18 years of age working in the domestic sector are also subject to a medical examination for fitness for employment before their admission to employment.

3. Article 7, paragraph 2(a). The Committee notes that the provisions of the Labour Code respecting work by minors (sections 332 and the following) do not contain any specific provision requiring the identification of the children and young persons engaged either on their own account or on account of their parents in itinerant trading or any other occupation carried on in the streets or in places to which the public have access. The Committee requests the Government, if there are no provisions in laws or regulations requiring the identification of children and young persons engaged in the above types of work, to take the necessary measures to give effect to this provision of the Convention.

4. Finally, the Committee requests the Government to provide information enabling it to assess the manner in which the Convention is applied in the country including, for instance, extracts from the reports of the inspection services and, where the statistics compiled make this possible, information on the number and nature of the contraventions reported, etc., in accordance with Part V of the report form for the Convention.