Texts of pending comments

While recognizing the difficult situation experienced by the country, the Committee notes with deep concern that the Government’s report, which has been due since 2013, has not been received. In light of the urgent appeal made to the Government in 2019, the Committee is proceeding with the examination of the application of the Convention on the basis of the information at its disposal.

Article 4 of the Convention. Mutual assistance among States which have ratified the Convention. In its previous comments, the Committee noted that many Haitian workers present in the Dominican Republic do not have social security coverage, including with regard to employment accidents. The Committee therefore invited the Government of Haiti, together with the Government of the Dominican Republic, to including labour migration and the access of migrant workers to social security as priority themes of dialogue between the two countries.

The Committee notes, from the information contained in the National Social Protection and Promotion Policy (PNPPS), that men and women migrant workers who commute over the border between Haiti and the Dominican Republic are in a situation of social vulnerability. The PNPPS also refers to the discriminatory treatment suffered by these workers, partly as a result of the absence of identification as transborder residents and migrant workers commuting across the border, and places emphasis on the reinforcement of the labour inspection services as a priority action to resolve the situation. The Committee recalls that, by ratifying the Convention, Haiti and the Dominican Republic undertook, under the terms of Article 4, to afford each other mutual assistance with a view to facilitating the application of the Convention and the execution of their respective laws and regulations on workers’ compensation. It therefore invites the Government to implement this provision in practice with a view to ensuring the access of transborder commuting workers to the protection envisaged by the Convention. The Committee requests the Government to inform it of any progress achieved in this regard.

While noting the difficult situation experienced by the country, the Committee notes with deep concern that the Government’s reports, which have been due since 2013, have not been received. In light of the urgent appeal made to the Government in 2019, the Committee is proceeding with the examination of the application of the Conventions on the basis of the information at its disposal.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 12 (workers’ compensation, agriculture), 17 (workers’ compensation, accidents), 24 (sickness insurance, industry), 25 (sickness insurance, agriculture) and 42 (revised, workers’ compensation, occupational diseases) together.

Article 1 of Conventions Nos 12, 17 and 42, application in practice. Guaranteeing effective coverage and the right of workers and their dependants to compensation in the event of employment accidents and occupational diseases. In its previous comments, the Committee noted that most agricultural workers are excluded from the scope of application of social security legislation, including the Act of 28 August 1967 establishing the Employment Injury, Sickness and Maternity Insurance Office (OFATMA), due to the absence of formal agricultural enterprises. The Committee also noted difficulties in the application of the legislation, even in relation to workers in the formal economy. Moreover, the Confederation of Public and Private Sector Workers (CTSP), in its observations received in 2019, alleges that the legislation in force does not cover apprentices and that, in practice, municipal and State workers and domestic workers are not covered by employment accident insurance.

In this regard, the Committee observes that, according to the information contained in the National Social Protection and Promotion Policy (PNPPS) adopted by the Government in April 2020, employment accident and occupational disease insurance only covers the formal economy, and mainly workers in the textile and apparel industries. The Committee also notes from the PNPPS, that these industries are still characterized by a high rate of non-conformity with occupational safety and health standards (an average of 76.5 per cent), even though there is a high risk of accidents. Indeed, the last report of the OFATMA, published in 2014–15, and quoted in the PNPPS, indicates that 2,522 employment accidents were processed (2,030 men), 42 per cent of which were in the textile and apparel industries and in construction. According to the same report, employment accident benefits, paid to 1,365 persons, amounted to HTG 17.6 million. In the agricultural sector, the PNPPS reports that 94.7 per cent of the workers are paid below the minimum wage and that the work is still principally informal.

Finally, the Committee notes with concern the indications contained in the PNPPS that the OFATMA does not cover occupational diseases, as required by the law.

On the basis of the information at its disposal, the Committee is bound to conclude that the significant gaps in coverage reported previously by the Government continue to exist and that the great majority of workers in Haiti, and their dependants, are not covered by compensation in the event of employment accidents and occupational diseases, and that effect is not therefore given to Article 1 of Conventions Nos 12, 17 and 42. However, the Committee notes that, with a view to remedying the gaps in protection, the PNPPS sets as a specific objective the protection of all men and women workers against the risks of employment injury and economic dependence related to invalidity as a result of an employment accident, as well as cases of occupational diseases, through the extension of insurance within the framework of the reform of social security institutions. With reference to the coverage of agricultural workers, the PNPPS provides for insurance subsidies for livelihoods as a financial support mechanism for the resilience of self-employed workers and small enterprises and undertakings in the agricultural and fishing sectors.

Observing that the objectives of the PNPPS are in line with the objectives of Conventions Nos 12, 17 and 42, and that the measures envisaged will reinforce the application of Article 1 of these Conventions, the Committee requests the Government to provide information on the progress achieved in their implementation, and particularly with reference to the extension of coverage of compensation for employment accidents and occupational diseases to the workers covered by these Conventions. The Committee also requests the Government to provide information on any other measures adopted or envisaged to ensure the effective entitlement of these workers to compensation in the event of employment accidents and occupational diseases.

Articles 1, 2 and 6 of Conventions Nos 24 and 25. Establishment of a system of compulsory sickness insurance for the effective protection of workers and their families in the event of sickness. In its previous comments, the Committee noted the Government’s intention to continue its efforts to progressively establish a sickness insurance branch covering the whole of the population. In this regard, the Committee emphasized the need to the Government to envisage as a priority the establishment of mechanisms to provide the population as a whole, including workers in the informal economy and their families, with access to basic health care and to a minimum income in cases where their earnings capacity is affected as a result of sickness, an employment accident or an occupational disease, and it drew attention to the relevance of the guidance provided in this regard in the Social Protection Floors Recommendation, 2012 (No. 202).

The Committee notes the information contained in the PNPPS reporting the limited coverage of social protection, with the exception of sickness insurance, with 500,000 persons being covered directly by the OFATMA. The Committee notes that, despite the existence of sickness insurance, the PNPPS indicates that the sick, and particularly the poorest, make very little use of health services because of the high cost of direct payments for health care, which are paid by users, and the prevalence of private profit-making institutions in the provision of health care and services. The Committee recalls in this respect that Conventions Nos 24 and 25 require the establishment of a system of compulsory sickness insurance (Article 1) for the provision of medical care and sickness benefits to all manual and non-manual workers, including apprentices, employed in industrial, commercial and agricultural undertakings, as well as homeworkers and domestic workers (Article 2), and medical benefit for members of their families, as appropriate (Article 5). Article 6 of the Conventions adds that sickness insurance shall be administered by self-governing institutions under the administrative and financial supervision of the public authorities and shall not be carried out with a view to profit, and that private institutions must be specially approved by the public authorities.

As it emphasized in previous comments, and taking into account the situation experienced in Haiti, the Committee considers that it is still necessary for the Government to envisage as a priority the establishment of mechanisms to provide the population as a whole, including workers in the informal economy and their families, with access to basic health care and a minimum income when their earnings capacity is affected as a result of sickness, an employment accident or occupational disease, in line with the guidance contained in Recommendation No. 202. In this regard, while reiterating its concern at the absence of a Government report, the Committee takes due note that, according to the information contained in the PNPPS, health insurance is currently being set up progressively, with a view to the extension of coverage to self-employed workers in the informal economy on the basis of a subsidy which would make it possible to collect contributions from workers, in accordance with their contributory capacity.

In light of the above, the Committee requests the Government to report on the progress achieved in extending statutory and effective coverage of compulsory sickness insurance and the sickness insurance scheme to workers in Haiti and the members of their families, as appropriate, and any specific measures taken for this purpose.

Article 8, in conjunction with Articles 6, 7, 10 and 11 of Convention No. 17, and Article 6 of Conventions Nos 24 and 25. Responsibility of the State for the establishment, control and administration of the compensation scheme for employment accidents and sickness insurance. The Committee notes the allegations made by the CSTP, in its 2019 observations, according to which there are failings in the application of several Articles of Convention No. 17, due to problems related to the management and organization of the OFATMA. The CSTP indicates, more specifically, that: (i) Article 6 of Convention No. 17 is not applied in practice due to the delays in the provision by the OFATMA of the benefits payable as from the fifth day: (ii) the additional compensation required by Article 7 of the Convention is not paid; (iii) the supply and renewal of artificial limbs and surgical appliances, envisaged in Article 10 of the Convention, is not implemented; and (iv) the payment of compensation to workers who are victims of accidents and their dependants is not ensured in the event of the insolvency of the employer or insurer, as required by Article 11 of the Convention, due to the very weak system for the enforcement of the legislation. The CSTP also alleges a lack of transparency in the administration of the OFATMA. Finally, the CSTP alleges that the Board of Directors of Social Security Organizations (CAOSS), a tripartite body administering State social protection and social security institutions, is dysfunctional, which is affecting the methods of controlling employment accidents. In view of the above, the CSTP therefore emphasizes the need to deal at a higher level in a framework of social dialogue, with ILO support, with the situation of tripartite social protection and social security bodies, while carrying out actuarial studies and audits of the OFATMA and discussing once again a deep-rooted reform of the Ministry of Social Affairs and Labour (MAST). The Committee also notes the information provided by the Confederation of Haitian Workers (CTH) and the Confederation of Public and Private Sector Workers (CSTP) to the International Trade Union Confederation (ITUC), and received in 2020, indicating that, in practice, contributions are not paid to the social security system by employers or the authorities and that workers who dare to present claims are dismissed.

The Committee notes that the Decent Work Country Programme (DWCP) 2015–20, approved by the ILO tripartite constituents, should have resulted in the reform of the social security legislation, as well as an improvement in the effectiveness of the contributions system and the sound operation of the tripartite administration of social protection institutions. The Government also made a commitment in this framework to strengthen the role and technical capacities of the CAOSS, the National Office of Old-Age Insurance (ONA), the OFATMA and other key institutions with a view to the progressive extension of social protection coverage. The Committee notes that these objectives are taken up, at least in part, in the 2020 PNPPS, which indicates that the provisions of social security laws and regulations will be extended with a view to rationalizing the administration of schemes that is currently undertaken by several institutions and facilitating the transfer of the rights of contributors. The strengthening of the CAOSS is also planned alongside the reforms of the ONA and the OFATMA envisaged in the PNPPS in relation to social protection. The Committee observes that these objectives are in line with the improved application of Article 6 of Conventions Nos 24 and 25 and Article 8 of Convention No. 17 which establish, respectively, the responsibility of the State for the administration of sickness insurance schemes and for the adoption of the measures of supervision necessary for the effective implementation of employment accident compensation schemes.

In light of the above, the Committee expresses the firm hope that the objectives set out in the DWCP and the PNPPS in relation to the strengthening of social security and social protection institutions and their sound governance will be achieved and emphasizes the importance of social dialogue in this respect. It requests the Government to provide information on any progress achieved in this respect. In particular, the Committee requests the Government to report any measures adopted or envisaged to improve the administration of social security bodies and institutions, the collection of contributions and in general to ensure the establishment in practice of social insurance schemes, particularly for employment accidents and occupational diseases, in conformity with Article 8 of Convention No. 17 and Article 6 of Conventions Nos 24 and 25.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that Member States for which Conventions Nos 17 and 42 are in force should be encouraged to ratify the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and/or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept the obligations in its Part VI (GB.328/LILS/2/1). Member States for which Conventions Nos 24 and 25 are in force should be encouraged to ratify the Medical Care and Sickness Benefits Convention, 1969 (No. 130), and/or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept the obligations in its Parts II and III. Conventions Nos 121, 102 and 130 reflect the more modern approach to employment injury benefit and medical care and sickness benefit. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No. 121 and/or Convention No. 102 (accepting the obligations in Part VI), and Convention No. 130 and/or Convention No. 102 (accepting the obligations in Parts II and III), as the most up-to-date instruments in these subject areas.

The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in relation to the matters raised above.

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.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously welcomed the adoption of the 2014 Act on Combating Trafficking in Persons, which provides for penalties of imprisonment for trafficking in persons for labour and sexual exploitation as well as for the establishment of a National Committee Against Trafficking in Persons (CNLTP) in charge of coordinating activities aimed at preventing and combating trafficking, and protecting the victims. The Committee also noted that the Act provides for the creation of a Special Fund against Trafficking in Persons to finance activities against trafficking in persons, with particular emphasis on assistance to victims. The Committee took note of the observations of the Confederation of Public and Private Sector Workers (CTSP), received in 2017 and 2018, referring to the lack of resources allocated to combat human trafficking.

The Committee notes from the 2016 national report of the Government to the Human Rights Council of the United Nations that, the CNLTP was established in 2015 (A/HRC/WG.6/26/HTI/1 paragraph 82). It also notes from the observations of the Confederation of Public and Private Sector Workers (CTSP) received on 4 September 2019 that the CNLTP does not have the necessary resources to discharge its mandate. The CTSP also indicates that in several cases suspected traffickers of persons have been released. The Committee notes that, according to a press release of the International Organization for Migration, the Haitian Border Police (POLIFRONT) has received support for the rehabilitation of its bases, 175 individuals have been arrested by the POLIFRONT between January 2018 and August 2019 and at least more than a thousand victims of trafficking have received assistance. The Committee further notes that, its 2016 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women referred to the continued practice of trafficking of women at the borders with the Dominican Republic, which only rarely is subject to investigation by the Police (CEDAW/C/HTI/CO/8-9, paragraph 23).

The Committee requests the Government to intensify its efforts to provide the CNLTP and other entities in charge of the application of the anti-trafficking legislation with the necessary resources to fulfil their functions; and to take measures to ensure that cases of trafficking in persons for both labour and sexual exploitation are identified, investigations carried out, and prosecutions initiated. In this regard, the Committee requests the Government to provide information on investigations carried out, judicial proceedings initiated and convictions handed down under the 2014 Act on Combating Trafficking in Persons, as well as on the difficulties encountered by the competent authorities in that respect. Lastly, the Committee also requests the Government to provide information on the activities undertaken by the CNLTP, as well as on the measures taken to identify and provide adequate protection to the victims of trafficking, particularly women.

Articles 1(1) and 25. Legal and institutional framework to suppress the use of forced or compulsory labour in all its forms. The Committee notes the adoption, in 2020, of a new Penal Code, which contains provisions which criminalize different practices that amount or could amount to forced labour: section 396 provides for sanctions of imprisonment for obtaining from a vulnerable or dependent person the provision of services without payment or with a compensation that is not adequate to the type of service performed; section 397 provides for sanctions of imprisonment for subjecting a person in a situation of dependency or vulnerability to working and housing conditions contrary to human dignity; section 374(3) criminalizes the act of forcing a person to engage or continue to engage in prostitution; and section 394 provides for penal sanctions for forcing others to beg. The Committee welcomes the adoption of these penal provisions, which complement the prohibition of forced labour contained in the Labour Code as well as the prohibition of trafficking in persons contained in the 2014 Act on Combating Trafficking in Persons.

The Committee notes that in its 2019 observations, the CTSP refers to the lack of a national policy to eradicate the practices of forced labour in a systematic manner as well as the lack of resources and capacity of the labour inspectorate that is not in a position to carry out inspections in all sectors of the economy.

The Committee recalls that, under the Convention, States are required to develop a comprehensive legal and policy framework to combat forced labour in all its forms. The Committee hopes that the measures taken by the Government to strengthen the legislative framework will be accompanied by the necessary measures for its effective implementation. In this regard, the Committee encourages the Government to continue taking measures aimed at ensuring that law enforcement bodies and other relevant entities are provided with the necessary resources and capacities to identify and bring to an end forced labour practices, sanction the perpetrators and provide protection and assistance to the victims. The Committee also requests the Government to provide information on prosecutions and judicial decisions handed down under the above-mentioned provisions of the Penal Code, in particular sections 396 and 397.

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1, 14, 30 and 106 in a single comment.

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 29 August 2018, the Association of Haitian Industries (ADIH), received on 31 August 2018, and the International Trade Union Confederation (ITUC), received on 1 September 2018.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 107th Session, May–June 2018)

The Committee notes the discussion which took place in the Conference Committee on the Application of Standards (Conference Committee), including with regard to the impact of the 2017 Act to organizing and regulating work over a 24-period divided into three segments of eight hours (hereinafter: Act on working time) on the application of the ratified Conventions on working time. In its conclusions, the Conference Committee asked the Government to: (i) review in consultation with the most representative employers’ and workers’ organizations the conformity of the Labour Code and the Act on working time, with respect to the ratified ILO Conventions on working time; (ii) strengthen the labour inspectorate and other relevant enforcement mechanisms to ensure that workers benefit from the protection afforded by the Conventions; (iii) report to the Committee of Experts on these measures; and (iv) avail itself of technical assistance to address these matters.

The Committee notes that, at the end of the discussion in the Conference Committee, the Government recalled that the Conventions that Haiti had ratified were part of its body of domestic law under article 276-2 of the Constitution of Haiti, and took precedence over national laws in the hierarchy of standards and could be invoked without reserve before the courts. Taking note of the observations of the Committee of Experts concerning the application of the Act on working time, the Government indicated that it was planning to hold tripartite consultations to identify and overcome the main difficulties encountered in the application of the Act, and to issue orders or regulations. The Government also indicated that it was aware of the delay in finalizing the process of reforming the Labour Code. Discussions had begun at the level of the Prime Minister’s Office and would be continued within a tripartite framework, in the spirit of the San José Agreement of 21 March 2018 signed by the social partners, taking into account the Office’s recommendations.

Furthermore, the Committee notes that the CTSP, in its observations, expresses regret at the lack of progress on working time issues since the discussion in the Conference Committee. However, the CTSP indicates that discussions on the reform of the Labour Code have resumed. The Committee also notes that the ADIH confirms that tripartite discussions on the reform of the Labour Code resumed in August 2018. According to the ADIH, the Act on working time should be repealed and the employers’ and workers’ organizations should be consulted on the application of the Conventions ratified in this field. The Committee further notes that the ITUC refers to the discussion of the case during the Conference Committee and indicates in particular that: (i) the Act on working time, which liberalizes the regulations on this subject, is giving rise to serious abuses; (ii) the Act was adopted without consultation and outside the process of negotiation of a new Labour Code; and (iii) the situation is aggravated by the lack of resources for labour inspection. The ITUC refers in particular to: (i) workers in the informal economy and in domestic work who are subjected to indecent working conditions in terms of both working time and leave entitlement; (ii) security personnel and subcontracted workers in the textile sector, where there is a regrettable lack of fixed working hours and a refusal by employers to pay overtime; and (iii) workers in export processing zones who are particularly subjected to abuses. The Committee requests the Government to send its comments on all the above observations.

Lastly, 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 to help it, inter alia, to submit the reports due, to strengthen the inspection services, to consolidate social dialogue with a view to pursuing social reforms, and to address the other matters raised by the Conference Committee. The Government also indicates that it hopes to receive this assistance before the next session of the International Labour Conference. The Committee hopes that this technical assistance will be made available without delay. The Committee requests the Government to provide detailed information on the results of the planned technical assistance, and also on the measures taken to ensure the effective application in law and practice of the ratified Conventions on working time.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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.

The Committee 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

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 1 September 2019.

Article 3(1)(b) of the Convention. Technical information and advice as a permanent function of the system of labour inspection. In its previous comments, the Committee noted that section 411 of the Labour Code stipulated that labour inspectors shall provide employers and workers with technical information and advice “where necessary”. It noted the Government’s proposal to modify the expression “where necessary”. The Committee requested the Government to keep it informed of any progress made so that the provision of technical information and advice to employers and workers is recognized as a permanent function of the labour inspectorate. The Committee notes the Government’s indication that the reform process pertaining to the Labour Code, which includes the deletion of the term “where necessary” from section 411, is at the stage wherein each party (Government, employers and workers) is preparing proposals to be submitted for assessment by an ILO expert for final recommendations. The Committee requests the Government to keep it informed of any developments concerning the amendment of section 411 of the Labour Code.

Articles 5 and 21(e). Effective cooperation with other government departments and with employers’ and workers’ organizations. The Committee notes the Government’s indication in reply to its previous comments, that: (i) the labour inspectorate is developing close relations with the social security bodies and the special labour mediation office for the textile industry, with the view to coordinating to ensure conformity of the social security enterprises and of the other general labour laws; (ii) monthly meetings are held to plan joint strategy interventions; and (iii) a joint visit of the enterprises was conducted in 2018 and others were planned in 2019. The Committee notes that, in the 2018 annual report of the labour administration, it was indicated that during the inspections carried out that year by inspectors from the western department, three cases of obstruction were identified and official statements were drawn up. The Committee also notes that the CTSP observes that there is no genuine cooperation between the labour inspectorate and the justice system, and that there is no system for the registration of judicial decisions, particularly regarding labour matters. The Committee recalls that, in conformity with Article 5 of the Convention, the performance of labour inspection functions requires, in order to be effective in view of the objective pursued, broad cooperation of the main structures responsible with other Government services and public or private institutions engaged in similar activities, and that the labour inspectorate can attain its objectives only if appropriate measures are adopted by the competent authority to promote effective collaboration with employers and workers in its operations and activities. The Committee requests the Government to continue its efforts to strengthen cooperation with other Government services, with bodies of the justice system and with employers’ and workers’ organizations. The Committee once again requests the Government to provide statistics on the follow-up to reports of infringements submitted by the labour inspectorate to the judicial bodies and to state whether measures have been taken or envisaged to strengthen cooperation between the labour inspectorate and the justice system.

Article 7(3). Training of inspectors. The Committee notes that, further to its request to develop a training strategy, the Government indicates that: (i) through the project to build the capacities of the Ministry of Social Affairs and Labour (ILO/MAST), piloted by the ILO, labour inspectors received a number of training sessions in different areas relating to their function, thereby establishing a task force of 12 inspectors in the field and eight trainers; (ii) inspectors in the field, from the western and north-eastern departments, are responsible for replicating this training in their respective offices for those who did not participate; and trainers are tasked with training inspectors in the other departments based on a national training plan designed to that end; (iii) six of the ten departments in the country have already benefited from a training session by the task force trainers, and there are plans to replicate this training in four other departments in the country; and (iv) two training sessions would be held annually for each department, which included a follow-up session. Welcoming these measures, the Committee requests the Government to continue its efforts to strengthen training for inspectors and to keep the Committee informed of any developments in this regard.

Article 12. The right of inspectors to freely enter any workplace. The Committee notes the observations of the CTSP according to which, in certain export processing zones, inspectors are not authorized to visit and that employers choose the inspectors who are to conduct a visit in their factories. The Committee recalls that Article 12 of the Convention provides that labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. The Committee requests the Government to provide information on the way in which it is ensured that labour inspectors provided with proper credentials are empowered to enter freely any workplace liable to inspection, in conformity with Article 12(1) of the Convention.

Article 14. Notification and registration of industrial accidents and cases of occupational disease. The Committee notes that, in reply to its previous comments requesting the Government to describe in detail the system for the notification of industrial accidents and cases of occupational disease, the Government indicates that: (i) under section 35 of the Act of 28 September 1967, establishing the Employment Injury, Sickness and Maternity Insurance Office (OFATMA), employers are obliged to declare all accidents resulting in a day’s sick leave to the institution; and (ii) employers must also submit, on a monthly basis, a list to the OFATMA of all accidents occurring in their workplaces, in a form prepared for this purpose. The Committee also notes the CTSP’s indication that the only statistics in the country in relation to accidents are those of the OFATMA, which cover 3‒4 per cent of industrial accidents. The Committee notes that the Government has not provided any information on notification of occupational disease. The Committee requests the Government to ensure that the labour inspectorate is informed of industrial accidents and cases of occupational disease, and that representative statistics in this regard are included in the annual labour inspectorate report.

Articles 20 and 21. Annual labour inspection report. Further to its previous comments, the Committee notes the Government’s indication that, with the support of Better Work Haiti, there is a technological application available to it aimed at facilitating the collection and treatment of statistical data on labour inspection, to enable it to establish a statistical database of enterprises subject to monitoring by the General Labour Inspectorate. The Government adds that it envisages establishing a database that will allow it to attribute a unique social security number to all persons of working age. The Committee also notes that in the annex to its report, the Government includes the 2018 annual report of the labour administration, as well as inspection plans and schedules in the western department for 2017, 2018 and 2019, and in the north-eastern department for 2018. The Committee requests the Government to continue all efforts in the collection and treatment of data regarding labour inspection in order to conform with the obligation under Article 20 of the Convention to regularly prepare, publish and transmit to the ILO an annual inspection report containing full information on the work of the labour inspection services. The Committee also requests the Government to continue to provide it with all available statistics on the matter in the country.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP) received on 1 September 2019, in which it reiterated its observations of 2016, 2017 and 2018 and adds that the situation has deteriorated.

Articles 3, 12, 13, 15, 16, 17 and 18 of the Convention. Discharge of primary duties of the labour inspectorate. Appropriate sanctions. In its previous comment, the Committee noted the Government’s indications concerning the obstacles faced in applying the Convention in practice, particularly the inadequate numbers of labour inspectors, and requested the Government to supply detailed information together with statistics on the planning and implementation of systematic inspections throughout the country, including in the export processing zones, and also their results. The Committee notes the information provided by the Government concerning the planning and implementation of inspection visits in two of the ten departments in the country in several activity sectors, including: (i) in the western department: 64 inspections (32 initial inspections and 32 catch-up inspections) conducted in 2017; 16 inspections (11 of which in the textile industry), 31 unannounced inspection visits in enterprises and 24 investigations, conducted in 2018; and 42 visits planned and ten advice services carried out in 2019; and (ii) in the north-eastern department, ten initial inspections and ten follow-up inspections were conducted in 2018. The Government indicates that the main objective of labour inspection over this period has been redressing the inconformity identified, rather than imposing penalties. The Committee also notes that the CTSP in its observations indicates that inspectors do not provide technical advice to workers and employers, but limit themselves to calculating the statutory benefits due in disputes between employers and workers. The CTSP also indicates that there are no statistics on labour inspection in the country; to its knowledge, there is no planning or implementation of systematic inspections throughout the country; and, in practice, labour inspection was carried out only in the textile industry. While duly noting the progress achieved since 2017 by the labour inspectorate in the country, particularly concerning the planning and implementation of visits in two of the ten departments in the country, the Committee requests the Government to strengthen its efforts to progressively expand the planning and conducting of inspection visits to all regions and all economic sectors of the country. The Committee also requests the Government to continue to provide information on the measures taken in this regard, including the statistics concerning the number of inspections planned and conducted, disaggregated by sector, along with details of the results of these visits, including the warnings issues, legal procedures brought or recommended, and penalties imposed and applied. The Committee also requests the Government to ensure that, during their inspection visits, the inspectors perform their primary functions in conformity with Article 3 of the Convention.

Articles 6, 10 and 11. Human and material resources available to the labour inspectorate. The Committee notes the Government’s indication in reply to its previous comments that: (i) between 2014 and 2017, thanks the project to build the capacities of the Ministry of Social Affairs and Labour (ILO/MAST), piloted by the ILO, a team was established of 20 officials, 12 of whom are inspectors in the field and eight are trainers; (ii) in 2018, means of transport (six motorcycles and a car) were provided to certain regional MAST offices and that efforts are envisaged to equip all inspection services with the means necessary to guarantee labour inspection in workplaces; and (iii) it planned to upwardly revise the salaries of labour inspectors in the same way as all other inspectors of the public administration. The Committee notes the CTSP’s observations, according to which the Government has not made an effort to change the status of labour inspectors in order to provide them with better employment conditions, such as a decent salary, a guarantee of productive employment and social advantages, which could jeopardize the independence of inspectors. The Committee requests the Government to pursue its efforts towards progressively increasing the number of inspectors and the material means placed at their disposal to enable them to effectively discharge the functions of the inspection services. The Committee also requests the Government to take the necessary measures to improve the conditions of service of the inspectors, including increasing their remuneration. In this regard, it requests the Government to provide information on the salary scales and labour inspectors’ career prospects, compared with public servants who carry out similar functions within other government services, such as tax inspectors and the police.

Articles 6, 7(1) and Article 15(a). Recruitment of inspectors. Prohibition from having any direct or indirect interest in the undertakings. In its previous comment, the Committee noted that, in its observations, the CTSP indicated that recruitment of labour inspectors was carried out on the basis of clientelism. The Committee notes the Government’s indication that, to ensure full application of sections 47 to 75 of the Decree of 17 May 2005, revising the general public service regulations, which regulate the recruitment procedure of public service agents, including labour inspectors, an administrative structure has been established for this purpose, entitled the Office for Human Resources Management (OMRH). The Committee also notes that the CTSP reiterated in 2019 its previous observations on this matter and indicated the further deterioration of the labour inspectorate’s independence vis-à-vis employers. The Committee requests the Government to ensure that labour inspectors are recruited with sole regard to their qualifications for the performance of their duties and that their status and conditions of service are such that they are independent of changes of government and of improper external influences in conformity with Articles 6 and 7(1) of the Convention. The Committee also requests the Government to provide information on the composition of the OMRH as well as on its prerogatives.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

The Committee notes with deep concern that the Government’s report, due since 2014, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of whatever information is at its disposal. While being aware of the difficulties affecting the country, the Committee cannot but recall that it has been raising issues concerning the observance of the Convention in an observation and a direct request, including longstanding recommendations to bring the labour legislation into conformity with the Convention regarding provisions that unduly restrict: (i) the right of workers to establish and join organizations of their own choosing (minors, foreign workers, domestic workers); and (ii) the right of workers’ organizations to organize their activities in full freedom and to formulate their programmes. Not having received any additional observations from the social partners, nor having at its disposal any indication of progress on these pending matters, the Committee refers to its previous observation and direct request adopted in 2020 and urges the Government to provide a full reply thereto. To this end, the Committee expects that any request for technical assistance that the Government may address to the Office will be acted upon as soon as possible.

[The Government is asked to reply in full to the present comments in 2022.]

The Committee notes with deep concern that the Government’s report, which has been expected since 2014, has not been received. In light of the urgent appeal made to the Government in 2020, the Committee is proceeding with the examination of the application of the Convention on the basis of information at its disposal. While being aware of the difficulties faced by the country, the Committee recalls that it raised questions concerning the application of the Convention in an observation, which particularly concerned the need to strengthen protection against anti-union discrimination as well as the penalties provided in this regard. It recalls also that its comments concern allegations of serious violations of freedom of association in practice, especially in several enterprises in textile export processing zones, and the lack of social bargaining in the country. In the absence of additional observations from the social partners and having no indication at its disposal of progress made on these pending issues, the Committee refers to its previous observation of 2020 and urges the Government to provide a complete response in 2022 to the questions raised. For that purpose, the Committee expects that any request for technical assistance, in relation with Conventions ratified by the country, that the Government may wish to address to the Office will be taken up as soon as possible.

[The Government is asked to reply in full to the present comments in 2022.]

The Committee notes with deep concern that the Government’s report, due since 2013, 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.

The Committee recalls that, following its general observation of 2017 on the failure by Haiti to comply with its reporting obligations on the application of ratified Conventions for the fifth consecutive year and to the conclusions of the Conference Committee on the Application of Standards in 2018, it noted the Government’s letter received on 30 October 2018 in which it indicated that it was requesting ILO technical assistance, particularly with a view to supplying the reports due, reinforcing inspection services and consolidating social dialogue to pursue social reforms. The Committee notes in this regard that an ILO Coordination Office in Haiti is working on these matters in cooperation with the tripartite constituents. The Committee also notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 29 August 2018 and reiterated on 1 September 2019, the observations of the Trade Union Coordination of Haiti indicating that there is no gender wage discrimination, received on 1 September 2018, and the observations of the Association of Haitian Industries emphasizing that remuneration is based on performance and not gender, received on 31 August 2018. The Committee requested the Government to provide its comments in this regard and notes that they have not been received.

Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. Domestic workers. The Committee notes that, according to the information provided by the ILO Coordinator in Haiti, the Domestic Work Act, adopted in May 2009, extending to domestic workers the application of section 317 of the Labour Code, which sets out the principle of equal wages for men and women for work of equal value, had still not been promulgated or published in 2020 (see Information letter of the ILO in Haiti, No. 6, June 2020). While recognizing the difficult situation experienced by the country, the Committee once again requests the Government to take the necessary measures without delay to ensure the entry into force of the provisions of the Domestic Work Act and their incorporation into the current Labour Code. It also requests the Government to provide information on the measures taken to promote, implement and enforce the application of the principle of equal wages for men and women domestic workers, once the Domestic Work Act has entered into force.

Articles 1(b) and 2. Equal remuneration for men and women for work of equal value. Legislation and collective agreements. The Committee recalls that the review of the Labour Code has been ongoing for more than ten years, in collaboration with the Office, and notes that the current situation in the country does not appear to permit its adoption in the near future. While recognizing the difficult situation experienced by the country, the Committee requests the Government to take advantage of the occasion of the review of the Labour Code to amend the provisions of section 65(e) respecting the content of collective agreements so as to incorporate the principle of equal remuneration for men and women for work of equal value. It also requests the Government to take measures, in cooperation with the social partners, to promote the inclusion in collective agreements, including the collective agreement concluded in 2005 between the Sendika Ouvriye Kodevi Wanament (SOKOWA) and the Compagnie de Développement Industriel (CODEVI), of provisions setting out the principle of equal remuneration for men and women for work of equal value.

Articles 2 and 3. Minimum wages. The Committee recalls that in its previous comments it noted that the Higher Wage Council had been reinstated by the Act of 18 August 2009 establishing the minimum wage to be paid in industrial and commercial workplaces, but that, according to the Government, the Council was not operational. The Committee notes that, according to the CTSP, the Council is contested by the most representative organizations of men and women workers. While recognizing the difficult situation experienced by the country, the Committee once again requests the Government to provide information on the establishment of the Higher Wage Council and on its activities in relation to the fixing and adjustment of minimum wages, with an indication of the manner in which it takes into account the principle of equal remuneration for men and women for work of equal value.

Enforcement. Labour inspection. While recognizing the difficult situation experienced by the country and with reference to its comments on the application of the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to take measures to develop training for labour inspectors on equal remuneration to improve their capacity not only to identify wage discrimination between men and women, but also to raise the awareness of employers, workers and their organizations concerning the principle of equal remuneration for men and women for work of equal value. It once again requests the Government to provide information on the advisory and supervisory activities carried out by the labour inspectorate with a view to eliminating any form of wage discrimination between men and women.

Statistics. The Committee hopes that the Government will soon be in a position to provide recent statistics, disaggregated by sex, on the remuneration of men and women in the private and public sectors so that it is able to assess the application of the Convention in practice.

The Committee notes with deep concern that the Government’s report, due since 2013, has not been received. In light of the urgent appeal made 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.

The Committee recalls that, following its general observation of 2017 on the failure of Haiti to comply with its reporting obligations on the application of ratified Conventions for the fifth consecutive year and the conclusions of the Committee on the Application of Standards of the Conference in 2018, it noted the Government’s letter received on 30 October 2018, in which it requested ILO technical assistance to help in the provision of the reports due, reinforce the inspection services and consolidate social dialogue for the continuation of social reforms. The Committee notes in this regard that an ILO Coordination Office in Haiti is working on these matters in cooperation with the tripartite constituents. The Committee also notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 29 August 2018 and reiterated on 1 September 2019, the observations of the Trade Union Federation of Haiti (CSH), received on 1 September 2018, and the observations of the Association of Haitian Industries (ADIH), emphasizing that it is for the Government to provide information on progress in the work of revising the Labour Code, received on 31 August 2018. The Committee requested the Government to provide its comments in this regard and notes that they have not been sent.

Article 1 of the Convention. Legislation prohibiting discrimination in employment and occupation. The Committee recalls that section 3 of the Labour Code provides for equality of all workers before the law and for the abolition of any form of discrimination, and that section 50 provides that any termination of an employment contract on the basis of the worker’s opinions, trade union or religious activities, membership of an authorized social, literary, political, artistic or sporting association, or sex or race, shall be deemed to constitute wrongful dismissal. The Committee recalls that these general provisions are not sufficient to address all the grounds of discrimination prohibited under Article 1 of the Convention. The Committee also notes that the reform of the Labour Code has been ongoing for over ten years, in collaboration with the Office, and notes that the current situation in the country does not appear to permit its adoption in the near future. While recognizing the difficult situation in the country, the Committee requests the Government to provide information on the progress made in the revision of the Labour Code and to ensure that it includes provisions applicable to all workers defining and explicitly prohibiting all direct and indirect discrimination in all aspects of employment and occupation, and covering at least all the grounds of discrimination listed in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin.

Article 1(1)(a). Discrimination on the basis of sex. Pregnancy. The Committee notes that, in its 2018 observations, reiterated in 2019, the CTSP indicates that many women teachers and other women personnel working in Catholic and Protestant schools or in “other institutions” are victims of termination of employment on grounds of pregnancy and that those who become pregnant outside marriage or in the context of a civil marriage are purely and simply dismissed or their appointments revoked. The Committee recalls that distinctions in employment and occupation “based on pregnancy of maternity are discriminatory, as they can only, by definition, affect women.” It also recalls that not all “distinctions, exclusions and preferences are deemed to be discrimination within the meaning of the Convention. These include: (i) measures based on the inherent requirements of a particular job (Article 1(2) of the Convention); … and (iii) special measures designed for protection and assistance (Article 5 of the Convention)” (2012 General Survey on the fundamental Conventions, paragraphs 784 and 826-831). In this regard, the Committee emphasizes that the exception to the principle of equality envisaged in Article 1(2) concerning the inherent requirements of a particular job must be interpreted restrictively and must be applied only if the fact of not being pregnant is an essential condition to perform the specific job or exercise the occupation. With regard to the protection measures envisaged in Article 5 which would allow pregnant women to be removed from a job or an occupation during pregnancy, they must be strictly limited to jobs or occupations the exercise of which involves a risk to the health of the future child and/or mother. The Committee requests the Government to provide information in response to the allegations of discrimination on the basis of pregnancy against women teachers and personnel in religious and other institutions made by the CTSP. The Committee requests the Government to examine these allegations in light of the fundamental principle of equality and, if necessary, to take specific measures, including measures to raise the awareness of the institutions concerned of the principles of equality and non-discrimination, in collaboration with workers’ and employers’ organizations, with a view to preventing discrimination in employment and occupation, and particularly the termination of the employment of pregnant women.

Sexual harassment. The Committee recalls that the Labour Code that is currently in force does not contain any provisions respecting sexual harassment. It notes the allegation by the CTSP that practices of sexual harassment are becoming more common. While reiterating its concern at the absence of a Government report, the Committee takes due note of the following positive developments: the adoption of the new Penal Code, the entry into force of which is envisaged in 2022, and the inclusion in the Penal Code of provisions respecting both quid pro quo and hostile working environment harassment. It notes that section 307 defines harassment as “the imposition on a person, repeatedly, of remarks or behaviour with a sexual connotation which undermine their dignity by reason of their degrading or humiliating nature and create an intimidating, hostile or offensive situation for them” and provides that they shall be punishable by imprisonment for six months to one year and a fine of between 10,000 and 25,000 gourde (HTG), or one of these penalties. With regard to the definition of sexual harassment contained in the Penal Code, the Committee wishes to draw the Government’s attention to the fact that the requirement for acts to be committed repeatedly could have the effect of limiting the protection of workers against sexual harassment. It also recalls that it considers that addressing sexual harassment only through criminal proceedings is normally not sufficient for its elimination due to the sensitivity of the issue and the higher burden of proof, which is harder to meet, especially if there are no witnesses (which is often the case) (2012 General Survey, paragraph 792). It also wishes to emphasize that what is important is the dissuasive and accessible nature of the penalties and their effectiveness, irrespective of whether they are set out in criminal, labour, civil or administrative law. Within the context of the reform of the Labour Code, the Committee requests the Government to examine the possibility of including provisions defining and prohibiting quid pro quo and hostile working environment sexual harassment and of providing remedies, compensation and appropriate sanctions. It also requests the Government to review the definition contained in the Penal Code in order to eliminate the requirement for acts to be repeated to constitute sexual harassment. While awaiting the adoption of the new Labour Code, the Government is also requested to take measures without delay to: (i) inform and raise the awareness of public and private employers with a view to the prevention and elimination of sexual harassment in employment and occupation; and (ii) inform men and women workers and employers, and their organizations, of their respective rights and duties in this regard in the public and private sectors. The Committee further requests the Government to provide information on the action taken by employers in response to any recommendations by the labour inspection services in this regard, as well as information on any complaints dealt with by the competent authorities.

Discrimination on the basis of religion. The Committee notes the allegations of the CTSP according to which practitioners of voodoo are subject to discrimination at work by reason of their religion and cannot work in certain institutions. The Committee recalls that the Convention “aims to provide protection against religious discrimination in employment and occupation, which often arises as a result of … intolerance towards persons of a particular faith [or] a different faith”. “The expression and manifestation of religion is also protected.” It also recalls that measures “to promote tolerance and coexistence among religious … minorities and awareness-raising on the existing legislation prohibiting discrimination are therefore essential to achieving the objectives of the Convention.” Recalling that Article 1(2) of the Convention relating to the inherent requirements of a particular job envisages an exception to the principle of equality, the Committee emphasizes that this exception must be interpreted restrictively and applied only where the fact of practicing or not practicing a religion is an essential prerequisite for the performance of the specific job or the exercise of the occupation (2012 General Survey, paragraphs 798-801 and 826-831). The Committee requests the Government to provide information in response to the allegations of discrimination on grounds of religion made by the CTSP. The Committee requests the Government to examine these allegations in light of the fundamental principle of equality and, if necessary, to take specific measures, including measures to raise the awareness of the institutions concerned, in collaboration with workers’ and employers’ organizations, with a view to preventing religious discrimination in employment and occupation.

National extraction and access to the public service. The Committee recalls that, following the Constitutional amendment of 2012, the restriction of access to the public service for persons who are not of Haitian origin (article 12(2)) was removed. However, it notes that the new version of article 12 of the Constitution refers in general terms to “privileges reserved for persons of Haitian origin”. The Committee also notes that the preliminary draft text of the new Constitution, published in January 2021, no longer contains this reference and that the draft text was due to be submitted to a referendum during the course of 2021. The Committee notes the allegations of the CTSP that, more generally, access to employment in the public administration is not based on merit. According to the CTSP, while the Human Resources Management Office (OMRH) is indeed beginning to hold competitions for the recruitment of certain managerial personnel in the public service, recruitment competitions are almost no longer held in State and government bodies. The CTSP also alleges that the salaries of personnel in the administration are not based on any objective criteria, but on the social origin, economic and political background or other criteria for each worker. The Committee requests the Government to provide information on the adoption of the new Constitution and to indicate whether the requirement of national extraction for access to the public service has indeed been repealed. It also requests the Government to provide information on the requirements for access to the public service and the remedies available, with an indication of the applicable legal framework, and on recruitment procedures in practice.

General observation of 2018. With reference to the above points, and in more general terms, the Committee wishes to draw the Government’s attention to its general observation on discrimination on grounds of race, colour and national extraction adopted in 2018. In this general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. The Committee therefore considers that it is necessary to adopt a comprehensive and coordinated approach to addressing the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include specific measures, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government’s attention to its general observation of 2018 and requests it to provide information in reply to the questions contained in that observation.

Articles 1and 2. Discrimination on the basis of sexual orientation and gender identity. The Committee notes the CTSP’s allegation that, once adopted, the Bill on reputation and the certificate of good life and morals, already approved by the Senate, with have the effect of preventing lesbian, gay, bisexual, transgender, queer and intersex persons (LGBTQI) from gaining access to employment, and particularly public employment, and to university. According to the CTSP, under the terms of the Bill, the certificate of good life and morals, which will be indispensable to work in the public administration and many enterprises, could be denied to LGBTQI persons, thereby aggravating the discrimination to which they are already subject in practice in employment and occupation. The Committee requests the Government to review the provisions of the Bill on reputation and the certificate of good life and morals in light of their potential effects on the access of LGBTQI persons to employment and higher education. It also requests the Government to provide information on any cases of discrimination on the basis of sexual orientation in employment and occupation that come to its knowledge.

Article 2. Policy of non-discrimination and equality. Gender equality. The Committee notes that it does not have recent information on the implementation of a gender equality policy. It notes the CTSP’s observation that there is no public policy on gender equality in employment and occupation, even though the quota of 30 per cent women imposed by the Constitution (article 17(1)) represents progress. The Committee notes that, in the report entitled “Replies of Haiti to the list of issues in relation to its second periodic report” provided to the United Nations Human Rights Committee, the Government indicates that: “In December 2019, with the support of [UNWomen], the Ministry for the Status of Women and Women’s Rights held a workshop on discriminatory Haitian laws in order to present the strategy put in place to ensure the equality of women and girls before the law by 2030” (CCPR/C/HTI/RQ/2, of 30 September 2020, paragraph 26). The Committee also notes that, in its concluding observations of 2016, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) notes with concern that women “are concentrated in the informal sector in non-skilled and low-paid jobs, where they are not covered by social protection and often face sexual harassment; … Women face high unemployment rates, persistent horizontal and vertical segregation in the labour market as well as a gender wage gap, particularly in the private sector”. In this regard, the Committee notes the observations of the Trade Union Federation of Haiti, which indicates that there is no discrimination in Haiti, but refers to “female occupations” and “male occupations” for cultural reasons and emphasizes the need to resolve this through formal and informal education. In its concluding observations, the CEDAW also noted with concern the “lack of congruence between the vocational subjects pursued by girls at the National Institute for Vocational Training and labour market needs” (CEDAW/C/HTI/CO/8-9, of 9 March 2016, paragraphs 31(b) and (c) and 29(e)). The Committee requests the Government to provide information on the outcome of the workshop on discriminatory laws held in December 2019, with an indication of the legal provisions identified and the measures envisaged for their repeal, and the “strategy to ensure the equality of women and girls before the law by 2030”. Recalling that the implementation of a genuine equality policy presupposes the adoption of a range of specific measures, which generally include a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness-raising, the Committee once again requests the Government to provide information on the measures adopted for the implementation of such a policy for men and women in employment and occupation, and particularly measures to improve the access of women to salaried employment and self-employed economic activities, and to combat sexist stereotypes and prejudices concerning their aspirations, capacities and vocational aptitudes. It once again requests the Government to provide information on any measures taken, particularly in rural areas, to promote the enrolment and maintenance of girls at school and in vocational training subjects, including in subjects that are traditionally followed by boys and in subjects that are matched to the needs of the labour market.

Domestic work. The Committee recalls that the Domestic Work Act, adopted in May 2009, amends section 257 of the Labour Code to extend the rights of domestic workers, especially with regard to holidays and rest days, and to ensure that they are covered by the provisions of sections 316 et seq. of the Labour Code respecting the work of women (gender equality, equal pay for work of equal value, and maternity protection). The Committee notes that, according to the information provided by the ILO Coordinator in Haiti, the 2009 Act had still not been promulgated or published in 2020 (see the ILO information letter on Haiti, No. 6, June 2020). It also notes that, according to the CTSP, the Inter-Union Commission of Haitian Women (CISFH) has undertaken a campaign for the ratification of the Domestic Workers Convention, 2011 (No. 189), and the Social Security (Minimum Standards) Convention, 1952 (No. 102), and that in so doing it has raised the awareness of many actors concerning the issue of the rights of men and women domestic workers. The Committee requests the Government to take the necessary measures without delay for the entry into force of the provisions of the Domestic Work Act and for their incorporation into the current Labour Code. It also requests the Government to indicate the measures adopted to raise the awareness of men and women workers and employers, and their respective organizations, labour inspectors and magistrates concerning the rights of domestic workers in accordance with the provisions that have been adopted. The Government is also requested to provide information on any complaints made by men or women domestic workers that have been dealt with by the competent authorities and their outcome.

Persons with disabilities. The Committee notes the CTSP’s allegation that the Act of 11 May 2012 on the integration of persons with disabilities, which is intended to promote the employment of persons with disabilities in public administrations in Haiti, is not applied in practice and the Secretariat of State for the Integration of Persons with Disabilities does not have an adequate budget or the political support necessary to discharge its mission. The Committee notes that, in its concluding observations of 2018, the United Nations Committee on the Rights of Persons with Disabilities noted with concern the “extremely low level of employment of persons with disabilities in the public and private sectors, resulting in a higher rate of poverty among persons with disabilities” and the “lack of a designated body for monitoring and sanctioning non-compliance with labour quotas in both the public and private sector [and] the absence of specific measures to improve the employment of persons with disabilities in the public and private sectors” (CRPD/C/HTI/CO/1, of 13 April 2018, paragraph 48(b) and (c)). The Committee requests the Government to provide information on the measures adopted for the implementation of the Act of 2012 for the integration of persons with disabilities in employment and occupation and the promotion of their labour market integration.

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.

While noting the difficult situation prevailing in the country, the Committee notes with deep concern that the Government’s report, due since 2011, 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.

Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. In its previous comments, the Committee took note of section 2(2) of the 2003 Act for the prohibition and elimination of all forms of abuse, violence, ill-treatment or inhumane treatment of children (Act of 2013), which prohibits the use of children for sexual exploitation, prostitution or pornography. However, the Committee observed that this Act did not provide for penal sanctions for the commission of these acts.

While reiterating its concern at the absence of a Government report, the Committee takes due note of that section 384 of the Penal Code adopted in 2020 criminalizes the act of requesting, accepting or obtaining by means of remuneration or promise of remuneration relations of a sexual nature with a minor who engages in prostitution, and provides for penalties of up to three years of imprisonment for such an offence. The Committee further notes that section 388 of the Penal Code provides for a penalty of up to five years of imprisonment for producing child pornography. The Committee requests the Government to provide information on the application in practice of sections 384 and 388 of the Penal Code, including information on the number of infringements reported, prosecutions, convictions and penalties applied.

Article 5. Monitoring mechanisms. 1. Labour inspection. The Committee previously noted that pursuant to sections 411 and 413 of the Labour Code, read together, labour inspectorates only had the authority to carry out inspections in workplaces and locations, where persons were occupied and earned a salary; thus excluding labour inspection in the informal economy. The Committee notes that in its 2016 concluding observations for Haiti, the United Nations Committee on the Rights of the Child (CRC) expressed concern at the high number of children engaged in child labour in agriculture, street vending and construction (CRC/C/HTI/CO/2-3 paragraph 62). The Committee notes that according to a 2016 ILO information note on Haiti, 90 per cent of the economically active population work in the informal economy often under hazardous conditions. Therefore, the Committee urges the Government to take the necessary measures to strengthen the capacity and expand the reach of the labour inspection, in order to ensure the protection of children working in the informal economy from hazardous working conditions.

2. Child Protection Brigade. In its previous comments, the Committee noted the establishment of a Child Protection Brigade (CPB) as a specialized police unit in charge of investigating cases of trafficking. The Committee also noted the weakness of this monitoring mechanism in preventing the trafficking of children. The Committee once again requests the Government to take the necessary measures to strengthen the capacities of the CPB to effectively combat the trafficking of children, and to provide information on the progress made in this respect.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that the Government, with the support of the ILO and UNICEF, put in place a programme aimed at eliminating child labour in domestic work in Haiti (2017–2020). The Committee notes that the programme contemplated as an objective the promotion and implementation of international labour standards concerning child labour and domestic work, including by supporting the development of a national action plan against child labour, the identification of children at risk and the reinforcement of the capacities of law enforcement bodies. The Committee requests the Government to provide information on the measures adopted in the context of the implementation of the programme aimed at eliminating child labour in domestic work in Haiti (2017-2020), and the results achieved. The Government also requests the Government to provide information on whether this Action Plan has been renewed and on any other measure taken or envisaged to eliminate child labour in domestic work.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Victims of sale and trafficking. In its previous comments, the Committee noted the lack of reception centres for girls who were victims of trafficking and urged the Government to take effective measures for the provision of the necessary and appropriate direct assistance for the removal of child victims of sale and trafficking. The Committee notes that in its 2016 concluding observations for Haiti, the CRC expressed concern about the very limited procedures to identify and provide assistance to child victims of trafficking (CRC/C/HTI/CO/2-3 paragraph 68). The Committee once again urges the Government to take effective and time-bound measures to provide the necessary assistance for the removal of child victims of sale and trafficking, their rehabilitation and social integration, and to provide information in this regard.

Clause (d). Identifying and reaching out to children at risk. 1. Internally displaced children. The Committee notes from the 2021 UNICEF Humanitarian Situation Report No. 1 on Haiti that due to the increasing activities and clashes among armed gangs in the metropolitan area of Port-au-Prince, a growing number of families are forced to leave their homes to survive, leaving thousands of children without access to education, health and recreation. Considering that internally displaced children are at an increased risk of being engaged in the worst forms of child labour, the Committee requests the Government to take effective and time-bound measures to protect these children from the worst forms of child labour. The Committee requests the Government to provide information on the measures taken in this regard and on the results achieved.

2. Street children. The Committee previously noted the growing number of street children and the lack of a comprehensive systematic strategy to provide these children with the protection and assistance that they require. The Committee notes that in its 2016 concluding observations, the CRC expressed concern about the increasing number of street children, who are vulnerable to forced begging, sexual exploitation, including prostitution, sale and trafficking, and use by gangs (CRC/C/HTI/CO/2-3 paragraph 66). Recalling that street children are particularly vulnerable the worst forms of child labour and to becoming involved in illicit activities, the Committee once again requests the Government to take effective and time-bound measures to protect street children against the worst forms of child labour and to ensure their rehabilitation and social integration. The Committee requests the Government to provide information on the measures taken in this regard.

3. Child victims and orphans of HIV/AIDS. The Committee noted previously that by 2010, the number of orphans and other vulnerable children (OVC) was estimated at 109,000 in 2009. The Committee notes that according to UNAIDS statistics, in 2020 the number of OVC was estimated at 67,000. While taking note of this positive development the Committee encourages the Government to take measures to ensure that child HIV/AIDS orphans are not engaged in the worst forms of child labour.

While noting the difficult situation prevailing in the country, the Committee notes with deep concern that the Government’s report, due since 2011, 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 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee previously noted the adoption of the Law No. CL/2014-0010 of 2 June 2014 on the fight against trafficking in persons, which provides for sanctions of life imprisonment for trafficking of children. The Committee also noted the observations of the Confederation of Public and Private Sector Workers (CTSP) received on 30 August 2017 and 29 August 2018 referring to the weakness of the law enforcement bodies in combating trafficking in children.

The Committee notes that in its more recent observations of 4 September 2019, the CTSP indicates that in, 2016, several people suspected of trafficking in children were arrested in a hotel with at least thirty children, but that all the suspected traffickers were quickly released. It also notes that, in its 2016 concluding observations for Haiti, the United Nations Committee on the Elimination of Discrimination against Women expressed concern about cases of trafficking of girls, especially at the border with the Dominican Republic, which are reportedly often not investigated by the police (CEDAW/C/HTI/CO/8-9, paragraph 23). The Committee further notes from the 2016 Government’s report to the United Nations Human Rights Council the establishment in 2015 of a National Committee to Combat Trafficking in Persons (CNLTP) with the aim of improving the implementation of the Law No. CL/2014-0010 (A/HRC/WG.6/HTI/1, paragraph 82). In his statement on the occasion of the 2018 IOM’S International Dialogue on Migration, the President of the CNLTP indicated that a National Plan against Trafficking in Persons has been finalized and subject to approval by the Ministry of Labour and Social Affairs. While noting the measures taken by the Government to improve the implementation of its anti-trafficking legislation, the Committee urges the Government to intensify its efforts to ensure that thorough investigations of cases of trafficking of children, particularly at the border between Haiti and the Dominican Republic, are conducted and that prosecutions of their perpetrators are carried out. In this regard, the Committee requests the Government to provide information on the number of investigations, prosecutions, convictions and sanctions imposed under the Law No. CL/2014-0010 against perpetrators of child trafficking. Finally, the Committee requests the Government to provide information on the activities carried out by the National Committee to Combat Trafficking in Persons, including information on any difficulty encountered in the discharge of its mandate.

Clauses (a) and (d). Forced or compulsory labour and hazardous work. Child domestic workers (restavèk children). In its previous comments, the Committee noted the situation of a large number of children, including five- and four-year-old children, carrying out domestic work (so-called restavèk in creole) under exploitative conditions similar to slavery and in hazardous conditions. The Committee noted that approximately the number of children working as restavèk represented about one in ten children in Haiti. The Committee also took note of the 2003 Act for the prohibition and elimination of all forms of abuse, violence, ill-treatment or inhumane treatment of children (Act of 2003), which prohibits the exploitation of children, including servitude, forced or compulsory labour and forced services. The Committee noted, however, that the Act of 2003 does not provide for penal sanctions for this practice. The Committee also observed that section 3 of the Act of 2003, according to which children can be entrusted to a host family in the context of a relationship of assistance and solidarity, allows the continuation of the practice of restavèk and therefore urged the Government to revise it.

The Committee notes that, according to the 2017 Report of the United Nations Independent Expert on the Situation of Human Rights in Haiti, the exploitation of children as domestic workers persists (A/HRC/34/73, paragraph 69). Likewise, the United Nations Committee on the Rights of the Child (CRC), in its 2016 concluding observations expressed concern at the fact that the number of child domestic workers remains high, noting that these children are subjected to physical, emotional and sexual abuse by their host family and are frequently malnourished and stunted. The CRC also expressed concern at the prevalence of the practice of restavèk among children from poor families, where parents cannot feed their children and often see sending their child away as domestic workers as their only choice (CRC/C/HTI/CO/2-3, paragraph 62). The Committee deplores the exploitation of children under 18 years of age in domestic work performed under conditions similar to slavery and in hazardous conditions. Therefore, the Committee firmly urges the Government to take immediate and effective action to ensure that, in law and practice, children under 18 years of age are not engaged as domestic workers under conditions similar to slavery or in hazardous conditions. In this respect, it urges the Government to take the necessary measures to amend the provisions of the national legislation, and particularly section 3 of the Act of 2003, which allow the continuation of the practice of restavèk. The Committee also requests the Government to take the necessary measures to ensure, as a matter of urgency, that thorough investigations and prosecutions are conducted of persons subjecting children under 18 years of age to forced domestic work or to hazardous domestic labour, and that sufficiently effective and dissuasive penalties are imposed in practice. Lastly, the Committee requests the Government to provide information on the results achieved in this regard.

Articles 3(c) and 7(2)(a). Use, procuring or offering of a child for illicit activities. Preventing the engagement of children in the worst forms of child labour. The Committee previously noted that section 2(3) of the Act of 2003 prohibits the offering, procuring, transfer or use of children for illicit activities. It also noted that well organized and well-armed criminal groups were using children for, inter alia, transporting weapons and carrying out arson attacks, or destroying public or private property. The Committee notes that pursuant to section 469 of the Penal Code, adopted in 2020, inducing a minor to commit a crime is a penal offence punishable with up to five years of imprisonment. The Committee also notes that under section 467 of the Penal Code, a person who engages a minor in the transportation or sale of drugs is liable to five to seven years of imprisonment. According to article 16.2 of the Constitution of Haiti, persons under 18 years of age are considered minors. The Committee notes from the 2021 UNICEF Humanitarian Situation Report No. 1 on Haiti that criminal gangs are increasingly gaining control over the territory of the metropolitan area of Port-au-Prince, and that due to the widespread and normalization of violence, lack of employment opportunities and access to basic social services, children and youth are joining these gangs. While observing that legislative provisions have been adopted to punish the use of children for illicit activities, the Committee notes with deep concern that children under 18 are increasingly exploited by criminal gangs to commit various types of illicit activities. Therefore, the Committee urges the Government to take effective and time-bound measures to ensure that children are not used by criminal groups to commit illicit activities. In this regard, it strongly urges the Government to ensure that thorough investigations and prosecutions are carried out against the perpetrators of such acts and that sufficiently effective and dissuasive penalties are imposed in practice. The Committee also requests the Government to provide information on the application in practice of sections 467 and 469 of the Penal Code, including on the number of investigations, prosecutions, convictions and penal sanctions applied in this regard.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Restavèk children. The Committee previously noted the observations of the CTSP concerning the the absence of rehabilitation and reintegration measures for restavèk children (child domestic workers). It noted that the Social Welfare and Research Institute (IBESR) was responsible for placing restavèk children in families for the purposes of their physical and psychological rehabilitation. The Committee also noted the Government’s indication that only few cases had been reported to the IBESR. The Committee notes that in its 2019 observations, the CTSP states that the practice of restavèk continues to perpetuate in the country and that no measures have been taken by the Government for the reintegration of restavèk children. The Committee further notes that in its 2016 concluding observations for Haiti, the CRC expressed concern at the situation of many children in domestic service who escape this condition but start living in the streets and are forced into prostitution, begging and street crime (CRC/C/HTI/CO/2-3, paragraph 62). The Committee urges the Government to take all the necessary measures to ensure the physical and psychological rehabilitation and social integration of restavèk children. In this regard, the Committee requests the Government to provide information on the programmes undertaken by the IBESR to reintegrate restavèk children and the number of children who have been rehabilitated.

Clause (c). Access to free and basic education. The Committee previously noted that pursuant to section 32(3) of the Constitution of Haiti, primary education is compulsory and educational materials should be provided free of charge by the State. The Committee also noted that despite the Government’s efforts, the education services remained inadequate, inefficient and low quality. The Committee notes with concern that, the United Nations Independent Expert on the Situation of Human Rights in Haiti highlighted in his 2017 Report that the number of children not attending school and the number of school-age children who do not finish their secondary education are very high (A/HRC/34/73, paragraph 37). Moreover, according to UNESCO, some 10 per cent of Haitian students drop out before Grade 6 of basic education and 40 per cent before the end of Grade 9 (the last grade). In addition, the Committee notes that private schools account for 85 per cent of schooling in the basic education cycle, and even more at the secondary level (UNESCO, press release, 26 October 2020). In this respect, the Committee recalls that free basic education contributes to improving enrolment and attendance rates as tuition fees and other costs are viewed as a barrier for many children to receive basic education (General Survey on the fundamental Conventions, 2012, paragraph 571). Considering that access to free basic education is key in preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to facilitate access to free basic education to all children. The Committee requests the Government to provide information on the progress made in this regard.

The Committee is raising other points in a request addressed directly to the Government.

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 25 September 2020, and requests the Government to provide information in response to these observations.

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat 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.

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 1 September 2019, concerning the application of Conventions Nos 12, 17, 24, 25 and 42. The Committee notes that the CTSP alleges the dysfunction of the Board of Directors of Social Security Organisations (CAOSS), as well as the need to carry out actuarial studies and audits on the Employment Injury, Sickness and Maternity Insurance Office (OFATMA) and resuming discussions on a thorough reform of the Ministry of Social Affairs and Labour (MAST), in the framework of social dialogue. At the same time, the Committee notes the indication that a campaign for the ratification of Convention No. 102 and the implementation of Recommendation No. 202 was conducted. The Committee requests the Government to provide its comments on these observations.

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 30 August 2017 and 29 August 2018, and the observations of the Association of Haitian Industries (ADIH), received on 31 August 2018, concerning the application of ratified Conventions on social security. The Committee notes with deep concern that the Government’s reports for Conventions Nos 12, 17, 24, 25 and 42 have not been received. While it is therefore bound to repeat its previous comments initially made in 2012, 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 on the Application of Standards, 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 and that it will give rise to timely delivery of all outstanding reports. It also requests the Government to send its comments on the observations of the CTSP and the ADIH.

The Committee notes the observations made by the Confederation of Public and Private Sector Workers (CTSP), received on 31 August 2016, by which it reiterated most of the issues raised previously, indicating that, even though some state efforts to increase the coverage of the insurance have been visible, these were focused on the capital city, leaving apart the people living in rural areas.

The Committee notes that on 15 September 2015 the Confederation of Public and Private Sector Workers (CTSP) provided its observations concerning the application of the Conventions under examination. The CTSP indicates that the affiliation of employers to the Employment Injury, Sickness and Maternity Insurance Office (OFATMA), although a legal obligation, is a reality in practice for less than 5 per cent of workers. In the specific case of agricultural workers, the CTSP considers that it is necessary to take urgent measures to extend effective coverage by the OFATMA, as they represent the majority of workers in the country and produce 30 per cent of the gross domestic product, and yet they remain without any social protection.

The Committee is fully aware that the Government indicated in its last report that the Act of 28 August 1967, establishing the OFATMA, covers all dependent workers irrespective of their sector of activity, but that the absence of formal agricultural enterprises means that most agricultural workers are engaged in family subsistence agriculture and are excluded from the scope of the social security legislation. Nevertheless, the Committee observes that the application of the existing legislation appears to give rise to difficulties, even with regard to workers in the formal economy. Moreover, the sickness insurance scheme has never been established, even though the Government has indicated that it is pursuing its efforts to establish progressively a sickness insurance branch covering the whole of the population and to enable OFATMA to regain the trust of the population.

With a view to better assessing the challenges facing the country in the application of the social security Conventions and providing better support for the initiatives taken in this respect, the Committee requests the Government to provide further information in its next report concerning the functioning of the employment injury scheme administered by OFATMA (numbers covered, amount of contributions collected annually, number of employment accidents and occupational diseases recorded, amount of benefits paid for employment injury). Please include information on strategies for increasing participation in and utilization of OFATMA services by the eligible populations.

International assistance. The Committee notes that the Government is receiving substantial support from the ILO and the international community, particularly in the field of labour inspection. Moreover, since 2010, the ILO and the United Nations system as a whole have made available to the Government their expertise for the establishment of a social protection floor. The Committee considers that it is necessary for the Government to envisage as a priority the establishment of mechanisms to provide the population as a whole, including informal workers and their families, with access to essential health care and a minimum income when their earnings capacity is affected as a result of sickness, employment accident or occupational disease. In this regard, the International Labour Conference adopted the Social Protection Floors Recommendation (No. 202) in 2012, with a view to the establishment of basic social security guarantees to prevent and alleviate poverty, vulnerability and social exclusion. In this connection, the implementation of Conventions and of Recommendation No. 202 should continue in parallel, seeking and exploiting synergies and complementarity.

The Committee recalls that the establishment of a social protection floor was included by the Haitian Government as one of the elements of the Action Plan for National Recovery and Development of Haiti, adopted in March 2010. However, the Government has not yet provided any information on the measures adopted to achieve this objective. The Committee notes, among other matters, the conclusion in 2010 of a national programme for the promotion of decent work which includes an item dedicated to the establishment of the social protection system under the social security Conventions ratified by Haiti.

Conclusions and recommendations of the Standards Review Mechanism. The Committee notes that, at its 328th Session in October 2016, the Governing Body of the ILO adopted the conclusions and recommendations formulated by the Standards Review Mechanism Tripartite Working Group (SRM TWG), recalling that Conventions Nos 17, 24, 25 and 42 to which Haiti is party are outdated and charging the Office with follow-up work aimed at encouraging States party only to these Conventions to ratify the following instruments as they represent the most up-to-date standards:

– As regards employment injury: the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) and/or the Social Security (Minimum Standards) Convention, 1952 (No. 102) and accept the obligations in its Part VI.
– As regards medical care and sickness benefit: the Medical Care and Sickness Benefits Convention, 1969 (No. 130) and/or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept the obligations in its Parts II and III.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

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.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1, 14, 30 and 106 in a single comment.

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 29 August 2018, the Association of Haitian Industries (ADIH), received on 31 August 2018, and the International Trade Union Confederation (ITUC), received on 1 September 2018.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 107th Session, May–June 2018)

The Committee notes the discussion which took place in the Conference Committee on the Application of Standards (Conference Committee), including with regard to the impact of the 2017 Act to organizing and regulating work over a 24-period divided into three segments of eight hours (hereinafter: Act on working time) on the application of the ratified Conventions on working time. In its conclusions, the Conference Committee asked the Government to: (i) review in consultation with the most representative employers’ and workers’ organizations the conformity of the Labour Code and the Act on working time, with respect to the ratified ILO Conventions on working time; (ii) strengthen the labour inspectorate and other relevant enforcement mechanisms to ensure that workers benefit from the protection afforded by the Conventions; (iii) report to the Committee of Experts on these measures; and (iv) avail itself of technical assistance to address these matters.

The Committee notes that, at the end of the discussion in the Conference Committee, the Government recalled that the Conventions that Haiti had ratified were part of its body of domestic law under article 276-2 of the Constitution of Haiti, and took precedence over national laws in the hierarchy of standards and could be invoked without reserve before the courts. Taking note of the observations of the Committee of Experts concerning the application of the Act on working time, the Government indicated that it was planning to hold tripartite consultations to identify and overcome the main difficulties encountered in the application of the Act, and to issue orders or regulations. The Government also indicated that it was aware of the delay in finalizing the process of reforming the Labour Code. Discussions had begun at the level of the Prime Minister’s Office and would be continued within a tripartite framework, in the spirit of the San José Agreement of 21 March 2018 signed by the social partners, taking into account the Office’s recommendations.

Furthermore, the Committee notes that the CTSP, in its observations, expresses regret at the lack of progress on working time issues since the discussion in the Conference Committee. However, the CTSP indicates that discussions on the reform of the Labour Code have resumed. The Committee also notes that the ADIH confirms that tripartite discussions on the reform of the Labour Code resumed in August 2018. According to the ADIH, the Act on working time should be repealed and the employers’ and workers’ organizations should be consulted on the application of the Conventions ratified in this field. The Committee further notes that the ITUC refers to the discussion of the case during the Conference Committee and indicates in particular that: (i) the Act on working time, which liberalizes the regulations on this subject, is giving rise to serious abuses; (ii) the Act was adopted without consultation and outside the process of negotiation of a new Labour Code; and (iii) the situation is aggravated by the lack of resources for labour inspection. The ITUC refers in particular to: (i) workers in the informal economy and in domestic work who are subjected to indecent working conditions in terms of both working time and leave entitlement; (ii) security personnel and subcontracted workers in the textile sector, where there is a regrettable lack of fixed working hours and a refusal by employers to pay overtime; and (iii) workers in export processing zones who are particularly subjected to abuses. The Committee requests the Government to send its comments on all the above observations.

Lastly, 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 to help it, inter alia, to submit the reports due, to strengthen the inspection services, to consolidate social dialogue with a view to pursuing social reforms, and to address the other matters raised by the Conference Committee. The Government also indicates that it hopes to receive this assistance before the next session of the International Labour Conference. The Committee hopes that this technical assistance will be made available without delay. The Committee requests the Government to provide detailed information on the results of the planned technical assistance, and also on the measures taken to ensure the effective application in law and practice of the ratified Conventions on working time.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 1 September 2019, concerning the application of Conventions Nos 12, 17, 24, 25 and 42. The Committee notes that the CTSP alleges the dysfunction of the Board of Directors of Social Security Organisations (CAOSS), as well as the need to carry out actuarial studies and audits on the Employment Injury, Sickness and Maternity Insurance Office (OFATMA) and resuming discussions on a thorough reform of the Ministry of Social Affairs and Labour (MAST), in the framework of social dialogue. At the same time, the Committee notes the indication that a campaign for the ratification of Convention No. 102 and the implementation of Recommendation No. 202 was conducted. The Committee requests the Government to provide its comments on these observations.

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat 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.