All Comments

While noting the difficult situation prevailing in the country, the Committee notes with deep concern that the Government’s report, due since 2015, has 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 the Convention on the basis of the information at its disposal.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its previous comments, the Committee noted the absence of a national policy to protect children from child labour.

While reiterating its concern at the absence of a Government report, the Committee takes due note of the establishment of a National Tripartite Committee against Child Labour (CNT), which in 2019 finalized a National Plan against Child Labour (ILO, press release, 14 August 2019). The Committee requests the Government to provide a copy of the National Plan against Child Labour with its next report, and to indicate the measures taken in the framework of this Plan towards the effective abolition of child labour and the results achieved.

Articles 2(1) and 5. Limitation of the scope of application of the Convention to certain branches of economic activity. Informal economy. In its previous comments, the Committee noted that section 335 of the Labour Code sets the minimum age for admission to work in agricultural, industrial and commercial enterprises at 15 years. The Committee also noted that pursuant to section 2 of the Labour Code, the term “work” applies only to activities performed on the basis of an employment contract. The Committee recalls that the Government limited the scope of the Convention, as permitted under Article 5 of the Convention, in order to exclude the activities of children in family enterprises, particularly in the informal and agricultural sectors, in work performed outside of school hours for up to three hours a day. The Committee once again requests the Government to provide information on the general position as regards the employment or work of children in the branches of activity, which are excluded from the scope of application of the Convention. It also requests the Government to indicate any progress made towards a wider application of the provisions of the Convention, in accordance with Article 5 (4)(a) of the Convention.

Article 2(3) and (5) of the Convention. Age of completion of compulsory education. Raising the minimum age. The Committee notes that the Confederation of Public and Private Sector Workers (CTSP), in its observations of 4 September 2021 indicates that progress has been made in relation to universal and compulsory education, but that the quality of the education needs to be improved. The Committee notes that, according to sections 21 and 22 of the Decree of 30 March 1982 organizing the educational system of Haiti with a view to offer opportunities to all and reflect the Haitian culture (Decree of 1982), fundamental education replaces primary education and covers also the first years of secondary education. The Committee also notes that pursuant to section 23 of the Decree of 1982, fundamental education is compulsory for children between 6 and 15 years of age. In this regard, the Committee reminds the Government that, pursuant to Article 2(3) of the Convention, the minimum age for admission to employment or work (specified by Haiti at 14 years) should not be less than the age of completion of compulsory schooling. Furthermore, the Committee emphasizes that if the minimum age for admission to work is lower than the age of completion of compulsory schooling, children may be encouraged to leave school as children required to attend school may also be legally authorized to work (General Survey of 2012 on the fundamental Conventions, paragraph 370). The Committee therefore requests the Government to take the necessary measures to raise the minimum age for admission to employment from 14 to 15 years, in order to link this age with the age of completion of compulsory schooling (set by the Decree of 1982 at 15 years), in conformity with Article 2(3) of the Convention. The Committee also requests the Government to provide information on the measures taken to ensure that section 23 of the Decree of 1982 is effectively implemented.

Article 3(1) and (2). Minimum age for admission to and determination of hazardous work. The Committee previously noted that pursuant to section 333 of the Labour Code, minors (defined by Article 16.2 of the Constitution of Haiti, as persons under 18 years of age) should not be employed in work, which is insalubrious, arduous or physically or morally hazardous. The Committee also noted that section 2(e) of the 2003 Act for the prohibition and elimination of all forms of abuse, violence, ill-treatment or inhumane treatment of children prohibits engaging children in work, which is likely to harm their health, safety or morals. The Committee notes that a list of hazardous work prohibited for children under 18 years of age was concluded by the CNT (ILO, press release, 14 August 2019). The Committee welcomes the conclusion of a list of hazardous work, and requests the Government to provide a copy of the adopted list with its next report.

Article 7. Minimum age for admission to light work. The Committee previously noted that the Government had not made use of the flexibility clauses contained in Article 7 of the Convention. The Committee notes, however, from a 2017 ILO Report that 34 per cent of the children between 5 and 14 are involved in child labour (Bonne pratique de l’OIT en Haiti, 2017). The Committee recalls that pursuant to Article 7 of the Convention, national laws or regulations may permit children from the age of 12 years (when the general minimum age has been specified at 14 years) or 13 years (when the general minimum age has been specified at 15 years) to engage in light work, which is not likely to be harmful to their health or development and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. Therefore, the Committee encourages the Government to consider the possibility of regulating light work for persons between the ages of 12 and 14 (or between the ages of 13 and 15 if the general minimum age is raised to 15 years), in conformity with Article 7 of the Convention.

Article 9. Penalties. The Committee previously noted that, according to section 337 of the Labour Code, minors between 15 and 18 years must obtain a work permit from the Directorate of Labour before beginning to work in an agricultural, industrial or commercial establishment. The Committee also noted that section 340 of the Labour Code provides that all employers who engage a minor without a work certificate or work permit shall be liable to a fine. The Committee further notes that the CTSP indicates that no judicial decision has been rendered by national tribunals for the violation of section 340 of the Labour Code. The Committee once again requests the Government to provide information on the application of section 340 of the Labour Code in practice, including the number of violations and penalties imposed. The Committee also requests the Government to provide information on any other penalty applicable for employing children under the minimum age of 14 years or employing children under 18 years in hazardous types of work.

Application of the Convention in practice. The Committee encourages the Government to pursue its efforts to ensure that updated statistical information on the nature, scope and trends of the employment of children and young persons in the country is made available.

The Committee reminds the Government that it can avail itself of the technical assistance of the Office in relation to the issues raised above.

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 absence of a national policy on the protection of children, the employment of children in mines and the poor working conditions of restavèks children (child domestic workers).

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 2(1) and 5 of the Convention. Limitation of the scope of application of the Convention to certain branches of economic activity. Informal economy. The Committee notes that, by virtue of section 2 of the Labour Code, the term “work” applies only to activity performed pursuant to an employment contract. The Committee therefore observes that the provisions of the Labour Code concerning the minimum age for admission to employment do not appear to apply to work performed outside of a labour agreement between an employer and employee, such as self-employment or work in the informal economy. However, the Committee notes that the Government, in its instrument of ratification, limited the scope of the Convention, as permitted under Article 5 of the Convention. The Government chose to exclude the activities of children in family enterprises, particularly in the informal and agricultural sectors, in work which is performed outside of school hours for up to three hours a day. With respect to this exclusion, the Government indicates that children may begin to provide help to their parents from the age of 12 years, under the supervision of the Institute for Social Welfare and Research and MAST. The Committee further notes that the Government indicated, in its 2009 report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), that child labour is virtually non-existent in the formal sector and is found above all in the informal sector. The Committee requests the Government to provide information on any measures taken or envisaged to ensure that children not excluded from the application of the Convention pursuant to Article 5, benefit from the protection provided by the Convention, such as children under 12 years. The Committee also requests the Government to continue to provide information on the general position as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of application, as well as all progress made towards a wider application of the provisions of the Convention, in conformity with Article 5(4)(a) of the Convention.

Article 2(3). Age of completion of compulsory education. The Committee notes that article 32 of the Constitution provides that the State guarantees the right to education, and article 32-1 states that the State must make schooling available to all, free of charge. Moreover, article 32-3 of the Constitution states that primary schooling is compulsory under penalties to be prescribed by law. However, the Committee notes the Government’s statement, in its report to the Human Rights Council for the Universal Periodic Review of 19 July 2011, that while primary education is compulsory and free under the Constitution, the Government is not yet in a position to guarantee full compliance with this constitutional provision due to limited resources (A/HRC/WG.6/12/HTI/1, paragraph 52). Nonetheless, the Government indicates that it is implementing a National Action Strategy for Education for All for the period 2008–15. The Committee also notes the information in this report that one of the six areas identified for priority action in the Action Plan for the National Reconstruction and Development of Haiti (PARDH), developed following the 2010 earthquake, is education (A/HRC/WG.6/12/HTI/1, paragraph 23). The Government further indicates in this report that in 2011, the President launched the National Education Fund, with a sum of approximately US$360 million over five years to fund free primary schooling (A/HRC/WG.6/12/HTI/1, paragraph 76). In addition, the Committee notes the information from the ILO–IPEC that the Government has shown strong support for making education more accessible to poor children by waiving school fees in some areas, and that conditional cash transfer programmes to provide support to vulnerable families are being developed.

However, the Committee also notes the information in the compilation report prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review of 25 July 2011, that the UN country team in Haiti indicated that prior to the earthquake, the majority of children did not attend school, and that the situation worsened following the earthquake. This report indicates that despite considerable efforts in 2010, educational services remained inadequate, inefficient and suffered from low standards (A/HRC/WG.6/12/HTI/2, paragraph 65). Moreover, the Committee notes the statement in a communication from the International Trade Union Confederation (ITUC) of 14 September 2011 that access to education in Haiti remains a challenge, aggravated by the earthquake in 2010. The ITUC states that education is largely provided through private education institutions, which makes accessibility difficult for the majority of Haitian families. Considering that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to provide information on any measures taken or envisaged to ensure the effective implementation of compulsory education up the minimum age of admission to employment of 14 years.

Article 3(1). Minimum age for admission to hazardous work. The Committee notes that section 2(5) of the Act on the prohibition and elimination of all forms of abuse, violence, or inhumane treatment against children of 2003 (Act of 2003) prohibits exploitation of children such as work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The Committee also notes that under section 333 of the Labour Code, minors may not be employed in work which is insalubrious, arduous or hazardous in physical or moral terms, or offer their services in places selling alcoholic beverages and that section 334 of the Labour Code prohibits night work for minors under 18 years of age in public or private industrial enterprises or their outbuildings. In addition, the Committee notes that section 10 of the Labour Code states that minors who have reached the minimum age for admission to work in industrial, agricultural and commercial establishments are subject to special protection. Recalling that pursuant to Article 3(1) of the Convention, hazardous work should be prohibited to all persons under 18, the Committee requests the Government to indicate the meaning of the term “child” in section 2(5) of the Act of 2003 as well as the term “minor” in section 333 of the Labour Code.

Article 3(3). Determination of hazardous types of work. The Committee notes the information in the Government’s report submitted under Convention No. 182 in 2009 that a consultant had been recruited by MAST with a view to drawing up a list of hazardous types of work, and that the development of this list would be done with the support of workers’ and employers’ organizations. In this regard, the Committee notes the information from the ILO–IPEC of January 2012 that through the implementation of a project entitled “Protecting children from child labour during the early recovery phase”, launched in 2011, the ILO–IPEC intends to provide technical support for the elaboration, approval and dissemination of the list of hazardous work. The Committee requests the Government to pursue its efforts to elaborate and adopt a list of types of hazardous work which are prohibited for persons under 18 years, after consultation with the organizations of employers and workers concerned.

Article 9(1). Penalties. The Committee notes that section 340 of the Labour Code provides that all employers who engage a minor without a work certificate or work permit shall be liable to a fine of between 3,000 and 5,000 Haitian gourdes (HTG) (between US$73 and US$123) for each violation. The Committee requests the Government to provide information on the application of section 340 of the Labour Code in practice, including the number and nature of penalties imposed. The Committee also requests the Government to provide information on any penalties applicable for other violations of the Convention concerning the employment of children and young persons, such as penalties for employing children under the minimum age of 14 years or employing children under 18 years in hazardous types of work.

Application of the Convention in practice. General application. The Committee notes the information from ILO–IPEC that, with the technical assistance of the ILO–IPEC statistical information and monitoring programme on child labour (SIMPOC), and other relevant specialists based in Costa Rica, a rapid assessment study is being developed to provide baseline data on the situation of child labour in Haiti in the post-earthquake context. The ILO–IPEC indicates that the results of this study will provide critical inputs to the process of revising the list of hazardous occupations and processes as well as inputs to advocacy, awareness raising, improvements in policies and legislation, and future intervention programming. The Committee encourages the Government to pursue its efforts, in collaboration with the ILO–IPEC, to ensure that statistical information on the nature, scope and trends of the employment of children and young persons is made available. It requests the Government to provide a copy of the rapid assessment study, once completed.

Child domestic work. Referring to its comments made under Convention No. 182, the Committee observes that section 3 of the Act of 2003 states that a child may be entrusted to a host family in the context of a relationship of assistance and solidarity. In this regard, the Committee notes that the United Nations Special Rapporteur on contemporary forms of slavery, its causes and consequences, in her report of 4 September 2009, expressed deep concern at the vagueness of the concept of “assistance and solidarity” and considered that the provisions of the Act of 2003 allow the practice of restavèk (whereby children are given by their families to more affluent families, in the hope that they will be provided with food, clothing, shelter, schooling and health care in return for their domestic labour) to be perpetuated (A/HRC/12/21/Add.1, paragraph 16). The Committee notes the statement of the Special Rapporteur that the single largest sector utilizing child labour in Haiti is unpaid domestic service, and that approximately one child in ten works as a domestic servant (A/HRC/12/21/Add.1, paragraph 23). Moreover, the Committee notes that the Special Rapporteur expressed concern that the restavèk children are economically exploited as they are not being compensated for their work and are performing tasks that not only interfere with their education but are also harmful for their development and health (A/HRC/12/21/Add.1, paragraph 27). The Committee therefore urges the Government to take the necessary measures to ensure that the minimum age for admission to work is, in practice, applied to children working as domestic workers, including restavèk children. The Committee requests the Government to provide information on the measures taken in this regard, and the results achieved.

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 absence of a national policy on the protection of children, the employment of children in mines and the poor working conditions of restavèks children (child domestic workers).

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 2(1) and 5 of the Convention. Limitation of the scope of application of the Convention to certain branches of economic activity. Informal economy. The Committee notes that, by virtue of section 2 of the Labour Code, the term “work” applies only to activity performed pursuant to an employment contract. The Committee therefore observes that the provisions of the Labour Code concerning the minimum age for admission to employment do not appear to apply to work performed outside of a labour agreement between an employer and employee, such as self-employment or work in the informal economy. However, the Committee notes that the Government, in its instrument of ratification, limited the scope of the Convention, as permitted under Article 5 of the Convention. The Government chose to exclude the activities of children in family enterprises, particularly in the informal and agricultural sectors, in work which is performed outside of school hours for up to three hours a day. With respect to this exclusion, the Government indicates that children may begin to provide help to their parents from the age of 12 years, under the supervision of the Institute for Social Welfare and Research and MAST. The Committee further notes that the Government indicated, in its 2009 report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), that child labour is virtually non-existent in the formal sector and is found above all in the informal sector. The Committee requests the Government to provide information on any measures taken or envisaged to ensure that children not excluded from the application of the Convention pursuant to Article 5, benefit from the protection provided by the Convention, such as children under 12 years. The Committee also requests the Government to continue to provide information on the general position as regards the employment or work of young persons and children in the branches of activity which are excluded from the scope of application, as well as all progress made towards a wider application of the provisions of the Convention, in conformity with Article 5(4)(a) of the Convention.

Article 2(3). Age of completion of compulsory education. The Committee notes that article 32 of the Constitution provides that the State guarantees the right to education, and article 32-1 states that the State must make schooling available to all, free of charge. Moreover, article 32-3 of the Constitution states that primary schooling is compulsory under penalties to be prescribed by law. However, the Committee notes the Government’s statement, in its report to the Human Rights Council for the Universal Periodic Review of 19 July 2011, that while primary education is compulsory and free under the Constitution, the Government is not yet in a position to guarantee full compliance with this constitutional provision due to limited resources (A/HRC/WG.6/12/HTI/1, paragraph 52). Nonetheless, the Government indicates that it is implementing a National Action Strategy for Education for All for the period 2008–15. The Committee also notes the information in this report that one of the six areas identified for priority action in the Action Plan for the National Reconstruction and Development of Haiti (PARDH), developed following the 2010 earthquake, is education (A/HRC/WG.6/12/HTI/1, paragraph 23). The Government further indicates in this report that in 2011, the President launched the National Education Fund, with a sum of approximately US$360 million over five years to fund free primary schooling (A/HRC/WG.6/12/HTI/1, paragraph 76). In addition, the Committee notes the information from the ILO–IPEC that the Government has shown strong support for making education more accessible to poor children by waiving school fees in some areas, and that conditional cash transfer programmes to provide support to vulnerable families are being developed.

However, the Committee also notes the information in the compilation report prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review of 25 July 2011, that the UN country team in Haiti indicated that prior to the earthquake, the majority of children did not attend school, and that the situation worsened following the earthquake. This report indicates that despite considerable efforts in 2010, educational services remained inadequate, inefficient and suffered from low standards (A/HRC/WG.6/12/HTI/2, paragraph 65). Moreover, the Committee notes the statement in a communication from the International Trade Union Confederation (ITUC) of 14 September 2011 that access to education in Haiti remains a challenge, aggravated by the earthquake in 2010. The ITUC states that education is largely provided through private education institutions, which makes accessibility difficult for the majority of Haitian families. Considering that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to provide information on any measures taken or envisaged to ensure the effective implementation of compulsory education up the minimum age of admission to employment of 14 years.

Article 3(1). Minimum age for admission to hazardous work. The Committee notes that section 2(5) of the Act on the prohibition and elimination of all forms of abuse, violence, or inhumane treatment against children of 2003 (Act of 2003) prohibits exploitation of children such as work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The Committee also notes that under section 333 of the Labour Code, minors may not be employed in work which is insalubrious, arduous or hazardous in physical or moral terms, or offer their services in places selling alcoholic beverages and that section 334 of the Labour Code prohibits night work for minors under 18 years of age in public or private industrial enterprises or their outbuildings. In addition, the Committee notes that section 10 of the Labour Code states that minors who have reached the minimum age for admission to work in industrial, agricultural and commercial establishments are subject to special protection. Recalling that pursuant to Article 3(1) of the Convention, hazardous work should be prohibited to all persons under 18, the Committee requests the Government to indicate the meaning of the term “child” in section 2(5) of the Act of 2003 as well as the term “minor” in section 333 of the Labour Code.

Article 3(3). Determination of hazardous types of work. The Committee notes the information in the Government’s report submitted under Convention No. 182 in 2009 that a consultant had been recruited by MAST with a view to drawing up a list of hazardous types of work, and that the development of this list would be done with the support of workers’ and employers’ organizations. In this regard, the Committee notes the information from the ILO–IPEC of January 2012 that through the implementation of a project entitled “Protecting children from child labour during the early recovery phase”, launched in 2011, the ILO–IPEC intends to provide technical support for the elaboration, approval and dissemination of the list of hazardous work. The Committee requests the Government to pursue its efforts to elaborate and adopt a list of types of hazardous work which are prohibited for persons under 18 years, after consultation with the organizations of employers and workers concerned.

Article 9(1). Penalties. The Committee notes that section 340 of the Labour Code provides that all employers who engage a minor without a work certificate or work permit shall be liable to a fine of between 3,000 and 5,000 Haitian gourdes (HTG) (between US$73 and US$123) for each violation. The Committee requests the Government to provide information on the application of section 340 of the Labour Code in practice, including the number and nature of penalties imposed. The Committee also requests the Government to provide information on any penalties applicable for other violations of the Convention concerning the employment of children and young persons, such as penalties for employing children under the minimum age of 14 years or employing children under 18 years in hazardous types of work.

Application of the Convention in practice. General application. The Committee notes the information from ILO–IPEC that, with the technical assistance of the ILO–IPEC statistical information and monitoring programme on child labour (SIMPOC), and other relevant specialists based in Costa Rica, a rapid assessment study is being developed to provide baseline data on the situation of child labour in Haiti in the post-earthquake context. The ILO–IPEC indicates that the results of this study will provide critical inputs to the process of revising the list of hazardous occupations and processes as well as inputs to advocacy, awareness raising, improvements in policies and legislation, and future intervention programming. The Committee encourages the Government to pursue its efforts, in collaboration with the ILO–IPEC, to ensure that statistical information on the nature, scope and trends of the employment of children and young persons is made available. It requests the Government to provide a copy of the rapid assessment study, once completed.

Child domestic work. Referring to its comments made under Convention No. 182, the Committee observes that section 3 of the Act of 2003 states that a child may be entrusted to a host family in the context of a relationship of assistance and solidarity. In this regard, the Committee notes that the United Nations Special Rapporteur on contemporary forms of slavery, its causes and consequences, in her report of 4 September 2009, expressed deep concern at the vagueness of the concept of “assistance and solidarity” and considered that the provisions of the Act of 2003 allow the practice of restavèk (whereby children are given by their families to more affluent families, in the hope that they will be provided with food, clothing, shelter, schooling and health care in return for their domestic labour) to be perpetuated (A/HRC/12/21/Add.1, paragraph 16). The Committee notes the statement of the Special Rapporteur that the single largest sector utilizing child labour in Haiti is unpaid domestic service, and that approximately one child in ten works as a domestic servant (A/HRC/12/21/Add.1, paragraph 23). Moreover, the Committee notes that the Special Rapporteur expressed concern that the restavèk children are economically exploited as they are not being compensated for their work and are performing tasks that not only interfere with their education but are also harmful for their development and health (A/HRC/12/21/Add.1, paragraph 27). The Committee therefore urges the Government to take the necessary measures to ensure that the minimum age for admission to work is, in practice, applied to children working as domestic workers, including restavèk children. The Committee requests the Government to provide information on the measures taken in this regard, and the results achieved.