All Comments

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.

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 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.