Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Forced Labour Convention, 1930 (No. 29) - Haiti (Ratification: 1958)

Other comments on C029

Observation

Direct Request

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The Committee notes the comments of the International Trade Union Confederation (ITUC), dated 31 August 2011, and the Government’s report.

The Committee also notes the ILO mission which took place in February 2012, during which the tripartite constituents and other institutions in the country explored the possibilities for ILO technical support, in addition to the ILO programmes already active in the country, particularly in relation to constitutional obligations and the implementation of ratified Conventions, in the context of the current reform of the Labour Code.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted the concluding observations of the Committee on the Elimination of Discrimination against Women (CEDAW/C/HTI/CO/7, 10 February 2009, paragraph 27) urging the Government “to intensify its efforts to combat all forms of trafficking in women and girls”. It also noted that the Committee on the Elimination of Discrimination against Women had also asked the Government “to expedite adoption of the draft Bill on all forms of trafficking and to ensure that the new law allows prosecution and punishment of perpetrators, effective protection of victims and adequate redress”.

1. Legislative framework. The Committee notes the ITUC’s comments that the trafficking and smuggling of children, particularly to the Dominican Republic, persists, including cases of sexual abuse of women and young girls who have been trafficked, the theft of their possessions and violence, which may go as far as murder. The Committee also notes the concern expressed by the ITUC relating to the absence of legislation allowing those responsible for trafficking in persons to be brought to justice and urging the Government to establish an appropriate legislative framework in dialogue with the social partners.

The Committee notes the Government’s indication that the Bill on trafficking is currently under examination by the Chamber of Deputies, and that the Inter-Ministerial Committee and the International Organization for Migration (IOM), which have worked on the text, are advocating its adoption.

2. Protection of victims and awareness-raising measures. The Committee notes that the ITUC emphasizes that any new legislation on trafficking should include provisions to protect victims and offering them appropriate remedies. It notes the ITUC’s insistence on raising the awareness of public opinion concerning the phenomenon of trafficking, targeting those who are most vulnerable and providing assistance to victims, including their vocational reintegration (access to training, decent work and school attendance/re-enrolment).

The Committee notes that the Government does not refer in its report to the measures adopted or envisaged for the protection of victims. However, it observes that, with regard to awareness-raising measures taken to combat trafficking, the Government emphasizes the presence in frontier zones with the Dominican Republic of the national police and the United Nations Stabilization Mission in Haiti. It also reports several activities, including awareness-raising campaigns undertaken in partnership with UNICEF and the IOM for the whole of the population, and in particular for inhabitants of frontier areas, as well as a project for the reintegration of children repatriated to Haiti from the Dominican Republic.

In light of the above, the Committee requests the Government to take the necessary measures to ensure the adoption in the very near future of comprehensive legislation to combat trafficking in persons, including adequate sanctions allowing those responsible for trafficking to be prosecuted and punished. The Committee also requests the Government to provide information on the measures adopted with a view to protecting the victims of trafficking and ensuring their social and vocational reintegration. Finally, the Committee requests the Government to provide detailed information on the specific measures taken to combat trafficking in persons, as well as statistics on the number of cases of trafficking examined by the authorities and the number of convictions by courts of law.