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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Haiti (Ratification: 2007)

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.