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

Minimum Age Convention, 1973 (No. 138) - Haiti (Ratification: 2009)

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.