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Repetition The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP) received on 4 September 2019. The Committee requests the Government to provide its comments in this respect. The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP) received on 30 August 2017 and 29 August 2018, concerning the lack of labour inspections related to child labour. 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, 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. The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2011. Articles 3(2) and 4 of the Convention. Annual repetition of medical examinations, medical examination for fitness for employment in types of work with high risks to health, re-examinations until the age of 21, and determination of these types of work. In its previous comments, the Committee noted that, under section 336(3) of the Decree of 24 February 1984 updating the Labour Code, the fitness of minors for the employment in which they are engaged shall be subject to regular medical supervision until they have reached the age of 18. However, the Committee noted that this provision of the Labour Code, although providing for periodic medical examinations, does not require these examinations to be repeated at intervals of not more than one year, in accordance with Article 3(2) of the Convention. The Committee also noted that the national legislation does not contain provisions giving effect to Article 4 of the Convention. The Committee notes the Government’s indication that it will take these comments into account within the framework of the review of the labour legislation. The Committee expresses the hope that, within the framework of the review of the legislation, the Government will adopt provisions implementing Articles 3(2) and 4 of the Convention. The Committee requests the Government to provide information on any progress made in this regard. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s indication that the number of young persons who work in the industrial sector is very limited, and that these young persons have been subjected to medical examinations, as provided for in the Convention. In this regard, the Government indicates that, between 2007 and 2011, only two certificates attesting fitness for employment were delivered by the Directorate of the Ministry of Social Affairs and Labour. The Committee requests the Government to supply information on the activities of the Labour Inspectorate, by providing extracts of labour inspection reports and indicating the number and nature of violations reported, as well as penalties applied.
Repetition The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP) of 30 August 2017 and requests the Government to provide its comments in this respect. Articles 3(2) and 4 of the Convention. Annual repetition of medical examinations, medical examination for fitness for employment in types of work with high risks to health, re-examinations until the age of 21, and determination of these types of work. In its previous comments, the Committee noted that, under section 336(3) of the Decree of 24 February 1984 updating the Labour Code, the fitness of minors for the employment in which they are engaged shall be subject to regular medical supervision until they have reached the age of 18. However, the Committee noted that this provision of the Labour Code, although providing for periodic medical examinations, does not require these examinations to be repeated at intervals of not more than one year, in accordance with Article 3(2) of the Convention. The Committee also noted that the national legislation does not contain provisions giving effect to Article 4 of the Convention. The Committee notes the Government’s indication that it will take these comments into account within the framework of the review of the labour legislation. The Committee expresses the hope that, within the framework of the review of the legislation, the Government will adopt provisions implementing Articles 3(2) and 4 of the Convention. It requests the Government to provide information on any progress made in this regard. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s indication that the number of young persons who work in the industrial sector is very limited, and that these young persons have been subjected to medical examinations, as provided for in the Convention. In this regard, the Government indicates that, between 2007 and 2011, only two certificates attesting fitness for employment were delivered by the Directorate of the Ministry of Social Affairs and Labour. The Committee requests the Government to supply information on the activities of the Labour Inspectorate, by providing extracts of labour inspection reports and indicating the number and nature of violations reported, as well as penalties applied.
Repetition Articles 3(2) and 4 of the Convention. Annual repetition of medical examinations, medical examination for fitness for employment in types of work with high risks to health, re-examinations until the age of 21, and determination of these types of work. In its previous comments, the Committee noted that, under section 336(3) of the Decree of 24 February 1984 updating the Labour Code, the fitness of minors for the employment in which they are engaged shall be subject to regular medical supervision until they have reached the age of 18. However, the Committee noted that this provision of the Labour Code, although providing for periodic medical examinations, does not require these examinations to be repeated at intervals of not more than one year, in accordance with Article 3(2) of the Convention. The Committee also noted that the national legislation does not contain provisions giving effect to Article 4 of the Convention. The Committee notes the Government’s indication that it will take these comments into account within the framework of the review of the labour legislation. The Committee expresses the hope that, within the framework of the review of the legislation, the Government will adopt provisions implementing Articles 3(2) and 4 of the Convention. It requests the Government to provide information on any progress made in this regard. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s indication that the number of young persons who work in the industrial sector is very limited, and that these young persons have been subjected to medical examinations, as provided for in the Convention. In this regard, the Government indicates that, between 2007 and 2011, only two certificates attesting fitness for employment were delivered by the Directorate of the Ministry of Social Affairs and Labour. The Committee requests the Government to supply information on the activities of the Labour Inspectorate, by providing extracts of labour inspection reports and indicating the number and nature of violations reported, as well as penalties applied.
The Committee notes the Government’s report and the ratification of the Worst Forms of Child Labour Convention, 1999 (No. 182), on 19 July 2007. It also notes that a draft children’s code is currently being prepared and requests the Government to provide a copy as soon as it has been adopted.
Article 3, paragraph 2, of the Convention. Annual repetition of medical examinations. The Committee notes that, under section 336(3) of the Decree of 24 February 1984 updating the Labour Code of 12 September (“the Labour Code”), the fitness of minors for the employment in which they are engaged shall be subject to regular medical supervision until they have reached the age of 18. The Committee notes that this provision of the Labour Code, although providing for periodic medical examinations, does not require these examinations to be repeated at intervals of not more than one year, in accordance with Article 3, paragraph 2, of the Convention. The Committee requests the Government to indicate whether the national legislation prescribes an interval at which the medical examination for fitness for employment of young persons under the age of 18 is to be repeated.
Article 4. Medical examination and re-examinations for fitness for employment until the age of 21. Noting the absence of information on this point in the Government’s report, the Committee requests it once again to indicate whether, in occupations which involve high health risks, medical examination and re-examinations for fitness for employment are required until the age of 21.
Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted the comments made by the Trade Union Confederation of Haiti (CSH) and requested the Government to provide detailed information on the application of the Convention in practice. In its report, the Government indicates that for the past ten years the country has been plagued by serious political and security-related problems, which has not facilitated normal and regular operation of the country’s institutions. The Government also indicates that the country’s industries have stopped hiring minors, and in its visits to the country’s enterprises the general labour inspectorate has not reported the presence of minors. The Committee notes, however, that, in its concluding observations on the Government’s initial report in March 2003, the Committee on the Rights of the Child noted with deep concern the high number of under-age children involved in labour who were working long hours, which has a negative effect on their development and school attendance (CRC/C/15/Add.202, paragraph 54). The Committee therefore requests the Government to provide information on the number of young persons who are working and have undergone the medical examinations provided for in the Convention, as well as on the work of labour inspectors, providing extracts from the reports of the inspection services and indicating, where appropriate, the number and nature of the contraventions reported and sanctions imposed.
The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes the comments made by the Trade Union Confederation of Haiti (CSH) under the Convention. It notes that the report due in accordance with article 22 of the Constitution of the ILO has not been received by the International Labour Office. The Committee therefore requests the Government to provide the required report. It hopes that this report will contain full particulars on the application of the Convention in practice. In particular, it requests the Government to indicate the measures adopted to ensure that young persons under 18 years of age are subject to medical examinations for fitness for employment, to be repeated at intervals, up to the age of 21 years at least, where such young persons are engaged in work which involves high health risks, as envisaged in Article 4 of the Convention. It also hopes that the information that the Government will send will give a general appreciation on the manner in which the Convention is applied including, for instance, extracts from the reports of the inspection services and, if such statistics are available, information concerning the number and nature of the contraventions reported, etc., as indicated in Part V of the report form for the Convention.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows: