Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that once again no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

1. The Committee refers to its previous comments in regard to the employment of children as domestic servants, known as "restavek". It had noted the Government’s commitment to communicate statistics in respect of the activities of the Directorate of the Social Welfare and Research Institution (IBESR), the municipal authorities and the labour courts, and to conduct an exhaustive study into general working conditions.

With respect to the ILO’s International Programme on the Elimination of Child Labour (IPEC) project established in Haiti, in order to assist the Government in combating effectively child labour in general, and the "restavek" system in particular, the Committee had expressed the hope that the Government would send a copy of the national plan of action to fight child domestic work which was to be adopted in the framework of this project, as well as any relevant information on developments noted, results obtained, statistical data established and legislative or regulatory measures taken.

Furthermore, the Committee had expressed the hope that the Government would specify the amount of the fines that can be imposed under the provisions of Chapter IX of the Labour Code, as amended, and that it would provide any indications it deemed useful concerning the issue of whether these amounts constitute, under Article 25 of the Convention, "really adequate" penalties.

In addition, the Committee hoped that the Government would supply detailed information on the practical application of Chapter IX of the Labour Code, including statistics on the number of permits issued by the IBESR and by the municipal administrations with regard to taking children into domestic service, on the visits and inquiries made in households where there are children in service, on breaches to the provisions of Chapter IX noted, on the reports prepared and inquiries addressed to the labour court by the IBESR, as well as the fines imposed and damages awarded in application of these provisions. The previous concerns of the Committee have been further reinforced by the following additional information transmitted to it.

2. The Committee notes the communication from the International Confederation of Free Trade Unions (ICFTU) dated 24 May 2002, and transmitted to the Government on 22 July 2002, in which it submitted comments on the application of the Convention in Haiti. It notes that, according to the ICFTU, child forced domestic labour is a widespread and very serious problem. Domestic labour by "restavek" children is very common in Haiti, and generally constitutes forced labour or slavery. "Restavek" involves the children of poor, primarily rural, families being sent to live with more affluent families and to perform domestic labour in exchange for room and board. In many cases the poor family receives income from the recipient family, effectively selling their children into slavery. Some estimates suggest nearly 300,000 "restavek" children in Haiti. Very few of the "restavek" children receive an education, only 20 per cent attend school at all, and less than one per cent reach secondary school. The Committee notes that the legal minimum age for domestic service is 12 (section 341 of the Labour Code), but, according to the ICFTU, some children start as young as four years of age. Eighty-five per cent are girls, and nearly a quarter of female "restavek" are raped by their owners, often resulting in unwanted pregnancies. The Committee notes that section 350 of the Labour Code requires that domestic workers of 15 years of age and older receive a salary at least equivalent to that of a hired domestic worker, but, according to the ICFTU, this serves to have families throw "restavek" out of the house before they reach 15, to be replaced by younger children. The Committee further notes the information contained in the ICFTU’s communication, that there are also reports of the trafficking of Haitians to work on sugar cane plantations in the Dominican Republic, although it is not clear to what extent the existing employment of Haitians in these plantations constitutes trafficking.

3. The Committee also notes the communication from the Coordination Syndicale Haïtienne (CSH) dated 26 August 2002, received at the San José Office, and transmitted to the Government on 18 October 2002. It notes that, according to the CSH, the IBESR as well as the local administration, who are responsible for dealing with the situation of child domestic workers, have failed in their duty. The great majority of these children stay out of the State’s control. Children employed in domestic work are treated like absolute slaves, the majority being illiterate, poorly fed, ill-treated, forced to do works which are too difficult for their age. Poorly dressed, they wake up early and stay up late. Their only way out of their situation is to abandon the house. The Committee notes that the CSH also addresses the problem of human trafficking, which takes place secretly between Haitian and Dominican traffickers in the border zone of Belladère.

The Committee observes that, even though not all work done by children in domestic services amounts to forced labour, it is essential to examine the conditions in which such work is carried out and to measure them against the definition of forced labour, particularly as concerns the validity of consent given to performing such work, the young age of the children involved and the possibility of leaving such employment, in order to determine whether the situation falls within the scope of the Convention.

The Committee urges the Government to take the necessary action without delay and to supply the long-awaited information respecting the measures taken to ensure the effective implementation of the existing repressive provisions in view of putting an end to the situation of the "restavek" children submitted to conditions of forced labour.

The Committee also requests the Government to respond to the observations made by the workers’ organizations.

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