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.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee noted previously that section 2(2) of the Act of 2003 for the prohibition and elimination of all forms of abuse, violence, ill-treatment or inhumane treatment of children (the Act of 2003) prohibits abuse and violence against children, and also their exploitation, such as the offering, procuring, transfer, accommodation, reception or use of children for sexual exploitation, prostitution or pornography. Noting the absence of information in this respect in the Government’s report, the Committee once again requests it to indicate whether the prohibition laid down in section 2(2) of the Act of 2003 applies to all children under 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted previously that section 2(3) of the Act of 2003 prohibits abuse and violence against children, as well as their exploitation, such as the offering, procuring, transfer, accommodation, reception or use of children for illicit activities. It, however, noted that the United Nations Secretary-General, in his report to the General Assembly on children and armed conflict (A/64/742 S/2010/181, of 13 April 2010, paragraph 79), observed that, before the earthquake of January 2010, well organized and well-armed criminal syndicates were using children for, inter alia, transporting weapons and carrying out arson attacks, or destroying public or private property. In addition, the Secretary-General noted that criminals who escaped from prison in the aftermath of the earthquake constitute a serious threat to the security of children, in as much as they seek to recruit them for criminal gangs. Noting the absence of information on this subject in the Government’s report, the Committee requests it once again to provide information on the measures taken or envisaged to ensure the prevention in practice of the use, procuring or offering of children under 18 years of age for illicit activities.

Clause (d). Hazardous work. The Committee previously noted that section 2(5) of the Act of 2003 prohibits abuse and violence against children, and also their exploitation, such as in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. It also noted that, under the terms of section 333 of the Labour Code, minors may not be employed in work which is unhealthy, arduous or hazardous in physical or moral terms, or offer their services in places selling alcoholic beverages. Finally, it noted that section 334 of the Labour Code prohibits night work for minors under 18 years of age in public or private industrial enterprises or their subsidiaries. Noting the absence of information on this subject in the Government’s report, the Committee once again requests it to provide the definition of the terms “minor” and “child” used in section 333 of the Labour Code and section2(5) of the Act of 2003, respectively.

Article 4(1). Determination of hazardous types of work. The Committee previously noted the Government’s indication that the Ministry of Social Affairs and Labour (MAST) had recruited a consultant in January 2009 to conduct investigations with a view to drawing up a list of hazardous types of work. The drawing up of the list would be undertaken with the support of workers’ and employers’ organizations. The Committee also noted the Government’s indication that child labour is virtually non-existent in the formal sector and is found above all in the informal economy, and it is for this reason that MAST worked with the leaders of the Haitian Federation of Small and Medium-Sized Enterprises, which groups together some 50 associations in the informal economy. It finally noted the Government’s undertaking to provide a copy of the validated list with its second report.

However, the Committee observes that the Government has not provided any further information concerning the drawing up of the list of hazardous types of work, and that it has not provided such a list with its report. The Committee once again recalls that, under the terms of Article 4(1) of the Convention, the types of work deemed hazardous shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, and particularly Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee once again expresses the hope that the Government, when drawing up the list of hazardous types of work, will take into consideration the types of work listed in Paragraph 3 of Recommendation No. 190. It urges the Government to take immediate measures to ensure that the list of hazardous types of work is adopted in the very near future and asks it to provide a copy of the list when it has been adopted.

Article 5. Monitoring mechanisms. Labour inspection. The Committee previously noted the Government’s indication that appropriate monitoring mechanisms had not yet been clearly established. The Committee also noted that, under section 411 of the Labour Code, the labour inspectorate is the authority responsible for the monitoring and enforcement of its provisions. It noted that, for this purpose, labour inspectors have the authority to enter freely and without prior notice workplaces under their jurisdiction (section 413). However, it observed that, in accordance with section 411, workplaces under their jurisdiction are restricted to workplaces and other locations where persons are occupied and earn a wage.

The Committee urges the Government to take the necessary measures to strengthen and adapt the capacities of the labour inspectorate to ensure the monitoring of children under 18 years of age engaged in the worst forms of child labour, particularly in the informal economy. It also requests the Government to provide information on the nature and extent of the violations reported, convictions and penalties imposed, in relation to the worst forms of child labour.

Article 6. Programme of action for the elimination of the worst forms of child labour. Further to its previous comments, the Committee notes that, according to the information available from ILO–IPEC, the National Tripartite Commission for the Prevention and Elimination of Child Labour (CNT) was established and officially created by the MAST in June 2012 with the mandate to develop a national plan of action to combat child labour with a view to improving State action in this respect. In the context of the ILO–IPEC project to protect children against child labour during the reconstruction period, implemented in 2011, one of the key objectives is the formulation and implementation of a national plan of action to combat child labour with a view to ensuring coordination between the ministries concerned and the civil society organizations involved. The Committee requests the Government to provide information on the progress achieved in the formulation and implementation of the national plan of action to combat child labour, and on the activities undertaken by the MAST and the CNT for this purpose.

Article 7(1). Penalties. The Committee noted previously that, even though section 2 of the Act of 2003 prohibits abuse and violence against children, and also their exploitation, for example through servitude and forced or compulsory labour, as well as forced services; the use, procuring, transport, transfer, accommodation, reception or use of children for sexual exploitation, prostitution and pornography; the offering, procuring, transfer, accommodation, reception or use of children for illicit activities; work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children; and the recruitment of children for use in armed conflict, no penalties have been established for violations of this provision. The Committee noted the Government’s indication that it was planning to refer the issue of the penalties to be imposed for violations of the Convention to the authorities responsible for judicial reform. Noting the absence of information on this matter in the Government’s report, and once again recalling that, under the terms of Article 7(1) of the Convention, measures have to be taken to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the establishment and application of penal sanctions, the Committee once again requests the Government to take the necessary measures to ensure that the prohibition laid down in section 2 of the Act of 2003 is accompanied by sufficiently effective and dissuasive penalties. It requests the Government to provide information in its next report on any progress achieved in this respect.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee noted previously that, in accordance with article 32(3) of the Haitian Constitution, primary education is compulsory and educational materials are made available free of charge to pupils in primary school. The Committee, however, noted that, according to UNICEF statistics for 2003–08, the net attendance rate in primary education was only 48 per cent for boys and 52 per cent for girls. In secondary education, the net attendance rate was barely 18 per cent for boys and 21 per cent for girls.

The Committee notes that, in its report submitted to the Human Rights Council on 19 July 2001 in the context of the Universal Periodic Review, the Government states that, although primary education is compulsory and free under the Constitution, the Government is not yet in a position to guarantee full compliance with this constitutional provision on account of its limited resources (A/HRC/WG.6/12/HTI/1, paragraph 52). However, the Government indicates that it is implementing a National Action Strategy for Education for All for the period 2008–15 and that, in August 2010, an operational plan was formulated for the period 2010–15 to adapt the Strategy to the post-earthquake situation.

However, the Committee notes that, according to the compilation prepared by the Office of the High Commissioner for Human Rights on 25 July 2011, in the context of the Universal Periodic Review, despite the considerable efforts made in 2010 by the Government, education services remain inadequate, inefficient and of low standard (A/HRC/WG.6/12/HTI/2, paragraph 65). Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee firmly encourages the Government to continue its efforts to improve the functioning of the education system through measures intended in particular to increase the attendance rate at primary and secondary school. It also requests the Government to provide information on the results achieved in the context of the National Action Strategy for Education for All during the period 2008–15.

Clause (c). Access to free basic education for children removed from the worst forms of child labour. The Committee noted previously the Government’s indication that a non-formal education project was established as part of the National Action Strategy for Education for All. Programmes aimed at extending access to basic education to categories of children for whom entry into the formal education system has become impossible, such as child domestic workers and street children, have been drawn up. Noting the absence of information on this subject in the Government’s report, the Committee once again requests the Government to provide information on the measures taken to ensure access to free basic education for all children removed from the worst forms of child labour, and on the results achieved as part of the non-formal education project.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee noted previously that Committee on the Rights of the Child (CRC), in its concluding observations (CRC/C/15/ADD.202, of 18 March 2003, paragraph 58), expressed concern at the growing number of street children and the lack of a comprehensive systematic strategy to rectify the situation and to provide these children with the protection and assistance that they require. The CRC also noted with concern that these children are used for the perpetration of offences, and that some of them disappear. Noting the absence of information on this subject in the Government’s report, and considering that street children are at particular risk of becoming engaged in the worst forms of child labour, 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. It requests the Government to provide information in its next report on the progress achieved in this respect.

Child victims and orphans of HIV/AIDS. The Committee noted previously that, according to the information provided in the Government’s report of March 2010, as part of the follow-up to the Declaration of Commitment on HIV/AIDS, the number of orphans and other vulnerable children (OVCs) was estimated at 109,000 in 2009. The report also indicated that the results of the survey of living conditions in Haiti conducted between 2005 and 2006 (EMMUS IV) revealed that only 5.2 per cent of OVCs living in shelters had received free external assistance for their care.

The Committee notes that the Government has not provided any information on this matter in its report. However, it notes that, according to the national situation report for Haiti of March 2012 on the Declaration of Commitment on HIV/AIDS, the National Programme to combat AIDS and STDs, immediately following the earthquake in 2010, developed an interim emergency plan setting new priorities for the post-earthquake period with a view to ensuring the continued implementation of the various interventions for prevention, diagnostic care and treatment, palliative care and rehabilitation. In this context, although the national monitoring and assessment system is not in a position to provide reliable data on community interventions, 2,834 OVCs were sent to school during 2011 as a result of the support of the monetary fund. The Committee once again requests the Government to provide additional information on the measures taken to ensure that child HIV/AIDS orphans are not engaged in the worst forms of child labour, and on the results achieved.

Child victims of the 2010 earthquake. The Committee notes that on 12 January 2010 Haiti was hit by a 7.0 magnitude earthquake on the Richter scale. The Committee notes that, according to the Government, in its report to the Human Rights Council of 19 July 2011 in the context of the Universal Periodic Review, hundreds of thousands of people lost their lives and some 300,000 were injured as a direct consequence of the earthquake (paragraph 63). The destruction of infrastructure was colossal. Almost 105,000 houses were entirely destroyed and over 208,000 were damaged, including 1,300 schools and over 50 hospitals and centres, which collapsed or were rendered unusable. The Committee observes that the very many families and children who were affected by the earthquake are in a situation of particular vulnerability and are exposed to the serious risks inherent in the absence of safe housing and of any protection against the various forms of abuse and exploitation, including the worst forms of child labour. The Committee notes that the ILO–IPEC project to protect children against child labour during the reconstruction process was implemented in 2011 for a period of three years and that its principal objective is to contribute to the protection of children and young persons against child labour during the initial post-earthquake reconstruction phase. The Committee requests the Government to provide information on the progress achieved in the implementation of the ILO–IPEC project and, more specifically, on the number of children affected by the earthquake who have in practice benefited from prevention measures or have been removed from the worst forms of child labour.

Application of the Convention in practice. The Committee notes, that in the context of the ILO–IPEC project to protect children against child labour during the reconstruction process, a rapid assessment of child labour has to be undertaken by the MAST to establish a baseline and improve the capacity to compile statistics. The Committee observes that one of the objectives of the project is to strengthen the knowledge base on child labour. The Committee requests the Government to provide the findings of the rapid assessment on child labour in Haiti as soon as they are available. It once again requests the Government to provide any available information on the worst forms of child labour, including copies or extracts from official documents, such as inspection reports, studies and surveys, and also other information on the nature, extent and trends of these forms of child labour, the number of children protected by the measures giving effect to the Convention, and the number and nature of the violations reported, investigations, prosecutions, convictions and penalties imposed. In so far as possible, such data should be disaggregated by age and sex.

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 weakness of the law enforcement bodies in combating trafficking in children, and the absence of rehabilitation and reintegration measures for restavèks children (child domestic workers).

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 is therefore bound to repeat its previous comments initially made in 2015.

The Committee notes that the Law No. CL/2014-0010 of 2 June 2014 on the fight against trafficking in persons has been adopted.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that, according to the report of the United Nations Special Rapporteur on contemporary forms of slavery, a new trend has been observed with regard to the employment of children as domestic workers (designated by the Creole term restavèks). This consists of the emergence of persons who recruit children from rural areas to work as domestic servants in urban families and outside the home in markets. The Special Rapporteur noted that this new trend has caused many observers to describe the phenomenon as trafficking, since parents are now handing their children over to strangers, whereas previously they entrusted the children to relatives. The Committee noted the observations of the International Trade Union Confederation (ITUC) that smuggling and trafficking in children was continuing, particularly towards the Dominican Republic. The ITUC has gathered serious eyewitness reports of sexual abuse and violence, even including murder, against young women and young girls who have been trafficked, particularly by Dominican military personnel and expressed concern at the fact that there does not appear to be a law under which those responsible for trafficking in persons can be brought to justice and that a draft legislation was to be adopted by the Parliament.

The Committee notes with interest the adoption of Law No. CL/2014-0010 of 2 June 2014 on the fight against trafficking in persons. The Law provides that trafficking in children, meaning the procuring, enlistment, transfer, transportation, accommodation or reception of a child for the purposes of exploitation constitutes an aggravating circumstance giving rise to life imprisonment (sections 11 and 21). The Committee notes, however, that, according to its 2014 concluding observations (CCPR/C/HTI/CO/1, paragraph 14), the Human Rights Committee remains concerned about the continuing exploitation of restavèks children and the lack of statistics on, and results from, the investigations into the perpetrators of trafficking. Similarly, the Committee notes that, according to the 2015 report of the independent expert on the human rights situation in Haiti (A/HRC/28/82, paragraph 65 with reference to A/HRC/25/71, paragraph 56), the restavèks phenomenon is the consequence of the weakness of the rule of law and those children are systematically unpaid, subjected to forced labour, and exposed to physical and/or verbal violence. Their number was estimated at 225,000 by UNICEF in 2012. The Committee, therefore, urges the Government to take the necessary measures to ensure the effective implementation of Law No. CL/2014-0010, in particular in ensuring that in-depth investigations and effective prosecutions are completed with regard to perpetrators of trafficking of children under 18 years of age. The Committee also requests the Government to provide statistical data on the application of the law in practice, including the number and nature of the violations reported, investigations, prosecutions, convictions and the penal sanctions applied.

Clauses (a) and (d). Forced or compulsory labour and hazardous work. Child domestic labour. In its previous comments, the Committee noted the situation of hundreds of thousands of restavèk children who are often exploited under conditions that qualify as forced labour. It noted that in practice many of these children, some of whom are only 4 or 5 years old, are the victims of exploitation, are obliged to work long hours without pay, face all kinds of discrimination and bullying, receive poor lodging and food and are often victims of physical, psychological and sexual abuse. In addition, very few of them attend school. The Committee also noted the repeal of Chapter IX of Title V of the Labour Code, relating to children in service, by the Act of 2003 for the prohibition and elimination of all forms of abuse, violence, ill-treatment or inhumane treatment of children (the Act of 2003). It noted that the prohibition set out in section 2(1) of the Act of 2003 covers the exploitation of children, including servitude, forced or compulsory labour, forced services and work which by its nature or the circumstances in which it is carried out is likely to harm the health, safety or morals of children, without however establishing penalties for violations of its provisions. The Committee noted that the repealed provisions included section 341 of the Labour Code, under which a child from the age of 12 years could be entrusted to a family to be engaged in domestic work. The Committee nevertheless observed that section 3 of the Act of 2003 provides that a child may be entrusted to a host family in the context of a relationship of assistance and solidarity.

The Committee noted previously that the Special Rapporteur, in her report, expressed deep concern at the vagueness of the concept of assistance and solidarity and considered that the provisions of the Act of 2003 allow the practice of restavèk to be perpetuated. According to the report of the Special Rapporteur, the number of children working as restavèk is between 150,000 and 500,000 (paragraph 17), which represents about one in ten children in Haiti (paragraph 23). Following interviews with restavèk children, the Special Rapporteur ascertained that all of them were given heavy workloads by their host families, which were often incompatible with their full physical and mental development (paragraph 25). Moreover, the Special Rapporteur was told that these children are often ill-treated and subjected to physical, psychological and sexual abuse (paragraph 35). Representatives of the Government and of civil society pointed out that cases of children being beaten and burnt were routinely reported (paragraph 37). The Committee noted that, in view of these findings, the Special Rapporteur described the restavèk system as a contemporary form of slavery.

The Committee notes the ITUC’s allegations that the earthquake of 12 January 2010 resulted in an abrupt deterioration in the living conditions of the population of Haiti and increasingly precarious working conditions. According to the ITUC, an increasing number of children are engaged as restavèk and it is highly probable that their conditions have deteriorated further. Many of the eyewitness accounts gathered by the ITUC refer to extremely arduous working conditions, and exploitation is often combined with degrading working conditions, very long hours of work, the absence of leave and sexual exploitation and situations of extreme violence.

The Committee notes the Government’s recognition that the engagement of restavèk children in domestic work is similar to forced labour. It once again expresses deep concern at the exploitation of children under 18 years of age in domestic work performed under conditions similar to slavery and in hazardous conditions. It once again reminds the Government that, under the terms of Article 3(a) and (d) of the Convention, work or employment by children under 18 years of age under conditions that are similar to slavery or that are hazardous comprise the worst forms of child labour and, under the terms of Article 1, are to be eliminated as a matter of urgency. The Committee requests the Government to take immediate and effective measures to ensure in law and practice that children under 18 years of age are not engaged as domestic workers under conditions similar to slavery or in hazardous conditions, taking into account the special situation of girls. In this respect, it urges the Government to take the necessary measures to amend the provisions of the national legislation, and particularly section 3 of the Act of 2003, which allow the continuation of the practice of restavèk. The Committee also requests the Government to take the necessary measures to ensure that in-depth investigations are conducted and effective prosecutions of persons subjecting children under 18 years of age to forced domestic work or to hazardous domestic labour, and that sufficiently effective and dissuasive penalties are imposed in practice.

Article 5. Monitoring mechanisms. Child protection brigade. The Committee notes the ITUC’s allegation that a child protection brigade (BPM) exists in Haiti protecting the borders. However, the ITUC indicates that the corruption of officials on both sides of the border has not been eradicated and that the routes for trafficking in persons avoid the four official border posts and pass through remote locations where more serious situations of abuse against the life and integrity of migrants probably occur.

The Committee notes the Government’s indication that the BPM is a specialized police unit which arrests traffickers, who are then brought to justice. However, the Government adds that, during judicial inquiries, procedural issues are often used by those charged to escape justice. The Committee is bound to express concern at the weakness of the monitoring mechanisms in preventing the phenomenon of trafficking in children for exploitation. The Committee requests the Government to take the necessary measures to strengthen the capacity of the BPM to monitor and combat trafficking in children under 18 years of age and to bring those guilty to justice. It requests the Government to provide information on the measures adopted in this respect and the results achieved.

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. Sale and trafficking. In its previous comments, the Committee noted that, according to the United Nations Office on Drugs and Crime report of February 2009: Global Report on Trafficking in Persons, no system exists to provide the victims of trafficking with care or assistance, nor are there any reception centres for victims of trafficking. It also noted that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations (CEDAW/C/HTI/CO/7, 10 February 2009, paragraph 26), expressed concern at the lack of reception centres for women and girls who are victims of trafficking.

The Committee notes the ITUC’s allegations that there is a public system of care and assistance for persons who are victims of trafficking. The reports gathered by the ITUC indicate that victims are referred to the police forces, which relay them to the Social Welfare and Research Institute (IBESR), which then places them in reception centres.

The Committee notes the Government’s indication that a pilot social protection programme was envisaged, but that the earthquake of 12 January 2010 undermined the implementation of the programme. The Committee urges 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 and for their rehabilitation and social integration. In this respect, it requests the Government to provide information on the number of children under 18 years of age who are victims of trafficking and who have been placed in reception centres through the police forces and the IBESR.

Clause (d). Identifying and reaching out to children at special risk. Restavèk children. In its previous comments, the Committee noted the existence of programmes for the reintegration of restavèk children established by the IBESR in cooperation with various international and non-governmental organizations. It noted that these programmes focus on reintegration in the family setting with a view to promoting the social and psychological development of the children concerned. However, it noted that the Committee on the Rights of the Child, in its concluding observations, had expressed deep concern at the situation of restavèk children placed in domestic service and recommended that the Government take urgent steps to ensure that restavèk children are provided with physical and psychological rehabilitation and social reintegration services (CRC/C/15/Add.202, 18 March 2003, paragraphs 56 and 57).

The Committee notes the ITUC’s indications that it has been informed of initiatives for the reintegration of restavèk children implemented, among others, with the support of UNICEF and the International Organization for Migration (IOM). While welcoming these initiatives, the ITUC calls on the Government to ensure that these programmes continue to be combined with measures intended to improve the living conditions of the families of origin of the children.

The Committee notes the Government’s indication that cases of the ill treatment of children in domestic service are taken up by the IBESR, which is responsible for placing them in families for the purposes of their physical and psychological rehabilitation. However, the Government recognizes that there are still only a few such cases. The Committee urges the Government to intensify its efforts to ensure that restavèk children benefit from physical and psychological rehabilitation and social integration services in the framework of programmes for the reintegration of restavèk children or through the IBESR.

Article 8. International cooperation. Sale and trafficking of children. The Committee previously noted that the Ministry of Social Affairs and Labour, in cooperation with the Ministry of Foreign Affairs, was studying the problem of the exploitation of persons in sugar cane plantations in the Dominican Republic and of children reduced to begging in that country, and intends to engage in bilateral negotiations with a view to resolving the situation. It also noted that the CEDAW, in its concluding observations (CEDAW/C/HTI/CO/7, 10 February 2009, paragraph 27), encourages the Government “to conduct research on the root causes of trafficking and to enhance bilateral and multilateral cooperation with neighbouring countries, in particular the Dominican Republic, to prevent trafficking and bring perpetrators to justice”.

The Committee notes once again that the Government’s report does not contain information on this subject. It once again requests the Government to provide information in its next report on the progress made in the negotiations for the adoption of a bilateral agreement with the Dominican Republic.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee noted previously that section 2(2) of the Act of 2003 for the prohibition and elimination of all forms of abuse, violence, ill-treatment or inhumane treatment of children (the Act of 2003) prohibits abuse and violence against children, and also their exploitation, such as the offering, procuring, transfer, accommodation, reception or use of children for sexual exploitation, prostitution or pornography. Noting the absence of information in this respect in the Government’s report, the Committee once again requests it to indicate whether the prohibition laid down in section 2(2) of the Act of 2003 applies to all children under 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted previously that section 2(3) of the Act of 2003 prohibits abuse and violence against children, as well as their exploitation, such as the offering, procuring, transfer, accommodation, reception or use of children for illicit activities. It, however, noted that the United Nations Secretary-General, in his report to the General Assembly on children and armed conflict (A/64/742 S/2010/181, of 13 April 2010, paragraph 79), observed that, before the earthquake of January 2010, well organized and well-armed criminal syndicates were using children for, inter alia, transporting weapons and carrying out arson attacks, or destroying public or private property. In addition, the Secretary-General noted that criminals who escaped from prison in the aftermath of the earthquake constitute a serious threat to the security of children, in as much as they seek to recruit them for criminal gangs. Noting the absence of information on this subject in the Government’s report, the Committee requests it once again to provide information on the measures taken or envisaged to ensure the prevention in practice of the use, procuring or offering of children under 18 years of age for illicit activities.

Clause (d). Hazardous work. The Committee previously noted that section 2(5) of the Act of 2003 prohibits abuse and violence against children, and also their exploitation, such as in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. It also noted that, under the terms of section 333 of the Labour Code, minors may not be employed in work which is unhealthy, arduous or hazardous in physical or moral terms, or offer their services in places selling alcoholic beverages. Finally, it noted that section 334 of the Labour Code prohibits night work for minors under 18 years of age in public or private industrial enterprises or their subsidiaries. Noting the absence of information on this subject in the Government’s report, the Committee once again requests it to provide the definition of the terms “minor” and “child” used in section 333 of the Labour Code and section2(5) of the Act of 2003, respectively.

Article 4(1). Determination of hazardous types of work. The Committee previously noted the Government’s indication that the Ministry of Social Affairs and Labour (MAST) had recruited a consultant in January 2009 to conduct investigations with a view to drawing up a list of hazardous types of work. The drawing up of the list would be undertaken with the support of workers’ and employers’ organizations. The Committee also noted the Government’s indication that child labour is virtually non-existent in the formal sector and is found above all in the informal economy, and it is for this reason that MAST worked with the leaders of the Haitian Federation of Small and Medium-Sized Enterprises, which groups together some 50 associations in the informal economy. It finally noted the Government’s undertaking to provide a copy of the validated list with its second report.

However, the Committee observes that the Government has not provided any further information concerning the drawing up of the list of hazardous types of work, and that it has not provided such a list with its report. The Committee once again recalls that, under the terms of Article 4(1) of the Convention, the types of work deemed hazardous shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, and particularly Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee once again expresses the hope that the Government, when drawing up the list of hazardous types of work, will take into consideration the types of work listed in Paragraph 3 of Recommendation No. 190. It urges the Government to take immediate measures to ensure that the list of hazardous types of work is adopted in the very near future and asks it to provide a copy of the list when it has been adopted.

Article 5. Monitoring mechanisms. Labour inspection. The Committee previously noted the Government’s indication that appropriate monitoring mechanisms had not yet been clearly established. The Committee also noted that, under section 411 of the Labour Code, the labour inspectorate is the authority responsible for the monitoring and enforcement of its provisions. It noted that, for this purpose, labour inspectors have the authority to enter freely and without prior notice workplaces under their jurisdiction (section 413). However, it observed that, in accordance with section 411, workplaces under their jurisdiction are restricted to workplaces and other locations where persons are occupied and earn a wage.

The Committee urges the Government to take the necessary measures to strengthen and adapt the capacities of the labour inspectorate to ensure the monitoring of children under 18 years of age engaged in the worst forms of child labour, particularly in the informal economy. It also requests the Government to provide information on the nature and extent of the violations reported, convictions and penalties imposed, in relation to the worst forms of child labour.

Article 6. Programme of action for the elimination of the worst forms of child labour. Further to its previous comments, the Committee notes that, according to the information available from ILO–IPEC, the National Tripartite Commission for the Prevention and Elimination of Child Labour (CNT) was established and officially created by the MAST in June 2012 with the mandate to develop a national plan of action to combat child labour with a view to improving State action in this respect. In the context of the ILO–IPEC project to protect children against child labour during the reconstruction period, implemented in 2011, one of the key objectives is the formulation and implementation of a national plan of action to combat child labour with a view to ensuring coordination between the ministries concerned and the civil society organizations involved. The Committee requests the Government to provide information on the progress achieved in the formulation and implementation of the national plan of action to combat child labour, and on the activities undertaken by the MAST and the CNT for this purpose.

Article 7(1). Penalties. The Committee noted previously that, even though section 2 of the Act of 2003 prohibits abuse and violence against children, and also their exploitation, for example through servitude and forced or compulsory labour, as well as forced services; the use, procuring, transport, transfer, accommodation, reception or use of children for sexual exploitation, prostitution and pornography; the offering, procuring, transfer, accommodation, reception or use of children for illicit activities; work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children; and the recruitment of children for use in armed conflict, no penalties have been established for violations of this provision. The Committee noted the Government’s indication that it was planning to refer the issue of the penalties to be imposed for violations of the Convention to the authorities responsible for judicial reform. Noting the absence of information on this matter in the Government’s report, and once again recalling that, under the terms of Article 7(1) of the Convention, measures have to be taken to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the establishment and application of penal sanctions, the Committee once again requests the Government to take the necessary measures to ensure that the prohibition laid down in section 2 of the Act of 2003 is accompanied by sufficiently effective and dissuasive penalties. It requests the Government to provide information in its next report on any progress achieved in this respect.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee noted previously that, in accordance with article 32(3) of the Haitian Constitution, primary education is compulsory and educational materials are made available free of charge to pupils in primary school. The Committee, however, noted that, according to UNICEF statistics for 2003–08, the net attendance rate in primary education was only 48 per cent for boys and 52 per cent for girls. In secondary education, the net attendance rate was barely 18 per cent for boys and 21 per cent for girls.

The Committee notes that, in its report submitted to the Human Rights Council on 19 July 2001 in the context of the Universal Periodic Review, the Government states that, although primary education is compulsory and free under the Constitution, the Government is not yet in a position to guarantee full compliance with this constitutional provision on account of its limited resources (A/HRC/WG.6/12/HTI/1, paragraph 52). However, the Government indicates that it is implementing a National Action Strategy for Education for All for the period 2008–15 and that, in August 2010, an operational plan was formulated for the period 2010–15 to adapt the Strategy to the post-earthquake situation.

However, the Committee notes that, according to the compilation prepared by the Office of the High Commissioner for Human Rights on 25 July 2011, in the context of the Universal Periodic Review, despite the considerable efforts made in 2010 by the Government, education services remain inadequate, inefficient and of low standard (A/HRC/WG.6/12/HTI/2, paragraph 65). Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee firmly encourages the Government to continue its efforts to improve the functioning of the education system through measures intended in particular to increase the attendance rate at primary and secondary school. It also requests the Government to provide information on the results achieved in the context of the National Action Strategy for Education for All during the period 2008–15.

Clause (c). Access to free basic education for children removed from the worst forms of child labour. The Committee noted previously the Government’s indication that a non-formal education project was established as part of the National Action Strategy for Education for All. Programmes aimed at extending access to basic education to categories of children for whom entry into the formal education system has become impossible, such as child domestic workers and street children, have been drawn up. Noting the absence of information on this subject in the Government’s report, the Committee once again requests the Government to provide information on the measures taken to ensure access to free basic education for all children removed from the worst forms of child labour, and on the results achieved as part of the non-formal education project.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee noted previously that Committee on the Rights of the Child (CRC), in its concluding observations (CRC/C/15/ADD.202, of 18 March 2003, paragraph 58), expressed concern at the growing number of street children and the lack of a comprehensive systematic strategy to rectify the situation and to provide these children with the protection and assistance that they require. The CRC also noted with concern that these children are used for the perpetration of offences, and that some of them disappear. Noting the absence of information on this subject in the Government’s report, and considering that street children are at particular risk of becoming engaged in the worst forms of child labour, 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. It requests the Government to provide information in its next report on the progress achieved in this respect.

Child victims and orphans of HIV/AIDS. The Committee noted previously that, according to the information provided in the Government’s report of March 2010, as part of the follow-up to the Declaration of Commitment on HIV/AIDS, the number of orphans and other vulnerable children (OVCs) was estimated at 109,000 in 2009. The report also indicated that the results of the survey of living conditions in Haiti conducted between 2005 and 2006 (EMMUS IV) revealed that only 5.2 per cent of OVCs living in shelters had received free external assistance for their care.

The Committee notes that the Government has not provided any information on this matter in its report. However, it notes that, according to the national situation report for Haiti of March 2012 on the Declaration of Commitment on HIV/AIDS, the National Programme to combat AIDS and STDs, immediately following the earthquake in 2010, developed an interim emergency plan setting new priorities for the post-earthquake period with a view to ensuring the continued implementation of the various interventions for prevention, diagnostic care and treatment, palliative care and rehabilitation. In this context, although the national monitoring and assessment system is not in a position to provide reliable data on community interventions, 2,834 OVCs were sent to school during 2011 as a result of the support of the monetary fund. The Committee once again requests the Government to provide additional information on the measures taken to ensure that child HIV/AIDS orphans are not engaged in the worst forms of child labour, and on the results achieved.

Child victims of the 2010 earthquake. The Committee notes that on 12 January 2010 Haiti was hit by a 7.0 magnitude earthquake on the Richter scale. The Committee notes that, according to the Government, in its report to the Human Rights Council of 19 July 2011 in the context of the Universal Periodic Review, hundreds of thousands of people lost their lives and some 300,000 were injured as a direct consequence of the earthquake (paragraph 63). The destruction of infrastructure was colossal. Almost 105,000 houses were entirely destroyed and over 208,000 were damaged, including 1,300 schools and over 50 hospitals and centres, which collapsed or were rendered unusable. The Committee observes that the very many families and children who were affected by the earthquake are in a situation of particular vulnerability and are exposed to the serious risks inherent in the absence of safe housing and of any protection against the various forms of abuse and exploitation, including the worst forms of child labour. The Committee notes that the ILO–IPEC project to protect children against child labour during the reconstruction process was implemented in 2011 for a period of three years and that its principal objective is to contribute to the protection of children and young persons against child labour during the initial post-earthquake reconstruction phase. The Committee requests the Government to provide information on the progress achieved in the implementation of the ILO–IPEC project and, more specifically, on the number of children affected by the earthquake who have in practice benefited from prevention measures or have been removed from the worst forms of child labour.

Application of the Convention in practice. The Committee notes, that in the context of the ILO–IPEC project to protect children against child labour during the reconstruction process, a rapid assessment of child labour has to be undertaken by the MAST to establish a baseline and improve the capacity to compile statistics. The Committee observes that one of the objectives of the project is to strengthen the knowledge base on child labour. The Committee requests the Government to provide the findings of the rapid assessment on child labour in Haiti as soon as they are available. It once again requests the Government to provide any available information on the worst forms of child labour, including copies or extracts from official documents, such as inspection reports, studies and surveys, and also other information on the nature, extent and trends of these forms of child labour, the number of children protected by the measures giving effect to the Convention, and the number and nature of the violations reported, investigations, prosecutions, convictions and penalties imposed. In so far as possible, such data should be disaggregated by age and sex.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee noted previously that section 2(2) of the Act of 2003 for the prohibition and elimination of all forms of abuse, violence, ill-treatment or inhumane treatment of children (the Act of 2003) prohibits abuse and violence against children, and also their exploitation, such as the offering, procuring, transfer, accommodation, reception or use of children for sexual exploitation, prostitution or pornography. Noting the absence of information in this respect in the Government’s report, the Committee once again requests it to indicate whether the prohibition laid down in section 2(2) of the Act of 2003 applies to all children under 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted previously that section 2(3) of the Act of 2003 prohibits abuse and violence against children, as well as their exploitation, such as the offering, procuring, transfer, accommodation, reception or use of children for illicit activities. It, however, noted that the United Nations Secretary-General, in his report to the General Assembly on children and armed conflict (A/64/742 S/2010/181, of 13 April 2010, paragraph 79), observed that, before the earthquake of January 2010, well organized and well-armed criminal syndicates were using children for, inter alia, transporting weapons and carrying out arson attacks, or destroying public or private property. In addition, the Secretary-General noted that criminals who escaped from prison in the aftermath of the earthquake constitute a serious threat to the security of children, in as much as they seek to recruit them for criminal gangs. Noting the absence of information on this subject in the Government’s report, the Committee requests it once again to provide information on the measures taken or envisaged to ensure the prevention in practice of the use, procuring or offering of children under 18 years of age for illicit activities.

Clause (d). Hazardous work. The Committee previously noted that section 2(5) of the Act of 2003 prohibits abuse and violence against children, and also their exploitation, such as in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. It also noted that, under the terms of section 333 of the Labour Code, minors may not be employed in work which is unhealthy, arduous or hazardous in physical or moral terms, or offer their services in places selling alcoholic beverages. Finally, it noted that section 334 of the Labour Code prohibits night work for minors under 18 years of age in public or private industrial enterprises or their subsidiaries. Noting the absence of information on this subject in the Government’s report, the Committee once again requests it to provide the definition of the terms “minor” and “child” used in section 333 of the Labour Code and section2(5) of the Act of 2003, respectively.

Article 4(1). Determination of hazardous types of work. The Committee previously noted the Government’s indication that the Ministry of Social Affairs and Labour (MAST) had recruited a consultant in January 2009 to conduct investigations with a view to drawing up a list of hazardous types of work. The drawing up of the list would be undertaken with the support of workers’ and employers’ organizations. The Committee also noted the Government’s indication that child labour is virtually non-existent in the formal sector and is found above all in the informal economy, and it is for this reason that MAST worked with the leaders of the Haitian Federation of Small and Medium-Sized Enterprises, which groups together some 50 associations in the informal economy. It finally noted the Government’s undertaking to provide a copy of the validated list with its second report.

However, the Committee observes that the Government has not provided any further information concerning the drawing up of the list of hazardous types of work, and that it has not provided such a list with its report. The Committee once again recalls that, under the terms of Article 4(1) of the Convention, the types of work deemed hazardous shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, and particularly Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee once again expresses the hope that the Government, when drawing up the list of hazardous types of work, will take into consideration the types of work listed in Paragraph 3 of Recommendation No. 190. It urges the Government to take immediate measures to ensure that the list of hazardous types of work is adopted in the very near future and asks it to provide a copy of the list when it has been adopted.

Article 5. Monitoring mechanisms. Labour inspection. The Committee previously noted the Government’s indication that appropriate monitoring mechanisms had not yet been clearly established. The Committee also noted that, under section 411 of the Labour Code, the labour inspectorate is the authority responsible for the monitoring and enforcement of its provisions. It noted that, for this purpose, labour inspectors have the authority to enter freely and without prior notice workplaces under their jurisdiction (section 413). However, it observed that, in accordance with section 411, workplaces under their jurisdiction are restricted to workplaces and other locations where persons are occupied and earn a wage.

The Committee urges the Government to take the necessary measures to strengthen and adapt the capacities of the labour inspectorate to ensure the monitoring of children under 18 years of age engaged in the worst forms of child labour, particularly in the informal economy. It also requests the Government to provide information on the nature and extent of the violations reported, convictions and penalties imposed, in relation to the worst forms of child labour.

Article 6. Programme of action for the elimination of the worst forms of child labour. Further to its previous comments, the Committee notes that, according to the information available from ILO–IPEC, the National Tripartite Commission for the Prevention and Elimination of Child Labour (CNT) was established and officially created by the MAST in June 2012 with the mandate to develop a national plan of action to combat child labour with a view to improving State action in this respect. In the context of the ILO–IPEC project to protect children against child labour during the reconstruction period, implemented in 2011, one of the key objectives is the formulation and implementation of a national plan of action to combat child labour with a view to ensuring coordination between the ministries concerned and the civil society organizations involved. The Committee requests the Government to provide information on the progress achieved in the formulation and implementation of the national plan of action to combat child labour, and on the activities undertaken by the MAST and the CNT for this purpose.

Article 7(1). Penalties. The Committee noted previously that, even though section 2 of the Act of 2003 prohibits abuse and violence against children, and also their exploitation, for example through servitude and forced or compulsory labour, as well as forced services; the use, procuring, transport, transfer, accommodation, reception or use of children for sexual exploitation, prostitution and pornography; the offering, procuring, transfer, accommodation, reception or use of children for illicit activities; work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children; and the recruitment of children for use in armed conflict, no penalties have been established for violations of this provision. The Committee noted the Government’s indication that it was planning to refer the issue of the penalties to be imposed for violations of the Convention to the authorities responsible for judicial reform. Noting the absence of information on this matter in the Government’s report, and once again recalling that, under the terms of Article 7(1) of the Convention, measures have to be taken to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the establishment and application of penal sanctions, the Committee once again requests the Government to take the necessary measures to ensure that the prohibition laid down in section 2 of the Act of 2003 is accompanied by sufficiently effective and dissuasive penalties. It requests the Government to provide information in its next report on any progress achieved in this respect.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee noted previously that, in accordance with article 32(3) of the Haitian Constitution, primary education is compulsory and educational materials are made available free of charge to pupils in primary school. The Committee, however, noted that, according to UNICEF statistics for 2003–08, the net attendance rate in primary education was only 48 per cent for boys and 52 per cent for girls. In secondary education, the net attendance rate was barely 18 per cent for boys and 21 per cent for girls.

The Committee notes that, in its report submitted to the Human Rights Council on 19 July 2001 in the context of the Universal Periodic Review, the Government states that, although primary education is compulsory and free under the Constitution, the Government is not yet in a position to guarantee full compliance with this constitutional provision on account of its limited resources (A/HRC/WG.6/12/HTI/1, paragraph 52). However, the Government indicates that it is implementing a National Action Strategy for Education for All for the period 2008–15 and that, in August 2010, an operational plan was formulated for the period 2010–15 to adapt the Strategy to the post-earthquake situation.

However, the Committee notes that, according to the compilation prepared by the Office of the High Commissioner for Human Rights on 25 July 2011, in the context of the Universal Periodic Review, despite the considerable efforts made in 2010 by the Government, education services remain inadequate, inefficient and of low standard (A/HRC/WG.6/12/HTI/2, paragraph 65). Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee firmly encourages the Government to continue its efforts to improve the functioning of the education system through measures intended in particular to increase the attendance rate at primary and secondary school. It also requests the Government to provide information on the results achieved in the context of the National Action Strategy for Education for All during the period 2008–15.

Clause (c). Access to free basic education for children removed from the worst forms of child labour. The Committee noted previously the Government’s indication that a non-formal education project was established as part of the National Action Strategy for Education for All. Programmes aimed at extending access to basic education to categories of children for whom entry into the formal education system has become impossible, such as child domestic workers and street children, have been drawn up. Noting the absence of information on this subject in the Government’s report, the Committee once again requests the Government to provide information on the measures taken to ensure access to free basic education for all children removed from the worst forms of child labour, and on the results achieved as part of the non-formal education project.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee noted previously that Committee on the Rights of the Child (CRC), in its concluding observations (CRC/C/15/ADD.202, of 18 March 2003, paragraph 58), expressed concern at the growing number of street children and the lack of a comprehensive systematic strategy to rectify the situation and to provide these children with the protection and assistance that they require. The CRC also noted with concern that these children are used for the perpetration of offences, and that some of them disappear. Noting the absence of information on this subject in the Government’s report, and considering that street children are at particular risk of becoming engaged in the worst forms of child labour, 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. It requests the Government to provide information in its next report on the progress achieved in this respect.

Child victims and orphans of HIV/AIDS. The Committee noted previously that, according to the information provided in the Government’s report of March 2010, as part of the follow-up to the Declaration of Commitment on HIV/AIDS, the number of orphans and other vulnerable children (OVCs) was estimated at 109,000 in 2009. The report also indicated that the results of the survey of living conditions in Haiti conducted between 2005 and 2006 (EMMUS IV) revealed that only 5.2 per cent of OVCs living in shelters had received free external assistance for their care.

The Committee notes that the Government has not provided any information on this matter in its report. However, it notes that, according to the national situation report for Haiti of March 2012 on the Declaration of Commitment on HIV/AIDS, the National Programme to combat AIDS and STDs, immediately following the earthquake in 2010, developed an interim emergency plan setting new priorities for the post-earthquake period with a view to ensuring the continued implementation of the various interventions for prevention, diagnostic care and treatment, palliative care and rehabilitation. In this context, although the national monitoring and assessment system is not in a position to provide reliable data on community interventions, 2,834 OVCs were sent to school during 2011 as a result of the support of the monetary fund. The Committee once again requests the Government to provide additional information on the measures taken to ensure that child HIV/AIDS orphans are not engaged in the worst forms of child labour, and on the results achieved.

Child victims of the 2010 earthquake. The Committee notes that on 12 January 2010 Haiti was hit by a 7.0 magnitude earthquake on the Richter scale. The Committee notes that, according to the Government, in its report to the Human Rights Council of 19 July 2011 in the context of the Universal Periodic Review, hundreds of thousands of people lost their lives and some 300,000 were injured as a direct consequence of the earthquake (paragraph 63). The destruction of infrastructure was colossal. Almost 105,000 houses were entirely destroyed and over 208,000 were damaged, including 1,300 schools and over 50 hospitals and centres, which collapsed or were rendered unusable. The Committee observes that the very many families and children who were affected by the earthquake are in a situation of particular vulnerability and are exposed to the serious risks inherent in the absence of safe housing and of any protection against the various forms of abuse and exploitation, including the worst forms of child labour. The Committee notes that the ILO–IPEC project to protect children against child labour during the reconstruction process was implemented in 2011 for a period of three years and that its principal objective is to contribute to the protection of children and young persons against child labour during the initial post-earthquake reconstruction phase. The Committee requests the Government to provide information on the progress achieved in the implementation of the ILO–IPEC project and, more specifically, on the number of children affected by the earthquake who have in practice benefited from prevention measures or have been removed from the worst forms of child labour.

Application of the Convention in practice. The Committee notes, that in the context of the ILO–IPEC project to protect children against child labour during the reconstruction process, a rapid assessment of child labour has to be undertaken by the MAST to establish a baseline and improve the capacity to compile statistics. The Committee observes that one of the objectives of the project is to strengthen the knowledge base on child labour. The Committee requests the Government to provide the findings of the rapid assessment on child labour in Haiti as soon as they are available. It once again requests the Government to provide any available information on the worst forms of child labour, including copies or extracts from official documents, such as inspection reports, studies and surveys, and also other information on the nature, extent and trends of these forms of child labour, the number of children protected by the measures giving effect to the Convention, and the number and nature of the violations reported, investigations, prosecutions, convictions and penalties imposed. In so far as possible, such data should be disaggregated by age and sex.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee noted previously that section 2(2) of the Act of 2003 for the prohibition and elimination of all forms of abuse, violence, ill-treatment or inhumane treatment of children (the Act of 2003) prohibits abuse and violence against children, and also their exploitation, such as the offering, procuring, transfer, accommodation, reception or use of children for sexual exploitation, prostitution or pornography. Noting the absence of information in this respect in the Government’s report, the Committee once again requests it to indicate whether the prohibition laid down in section 2(2) of the Act of 2003 applies to all children under 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted previously that section 2(3) of the Act of 2003 prohibits abuse and violence against children, as well as their exploitation, such as the offering, procuring, transfer, accommodation, reception or use of children for illicit activities. It, however, noted that the United Nations Secretary-General, in his report to the General Assembly on children and armed conflict (A/64/742 S/2010/181, of 13 April 2010, paragraph 79), observed that, before the earthquake of January 2010, well organized and well-armed criminal syndicates were using children for, inter alia, transporting weapons and carrying out arson attacks, or destroying public or private property. In addition, the Secretary-General noted that criminals who escaped from prison in the aftermath of the earthquake constitute a serious threat to the security of children, in as much as they seek to recruit them for criminal gangs. Noting the absence of information on this subject in the Government’s report, the Committee requests it once again to provide information on the measures taken or envisaged to ensure the prevention in practice of the use, procuring or offering of children under 18 years of age for illicit activities.

Clause (d). Hazardous work. The Committee previously noted that section 2(5) of the Act of 2003 prohibits abuse and violence against children, and also their exploitation, such as in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. It also noted that, under the terms of section 333 of the Labour Code, minors may not be employed in work which is unhealthy, arduous or hazardous in physical or moral terms, or offer their services in places selling alcoholic beverages. Finally, it noted that section 334 of the Labour Code prohibits night work for minors under 18 years of age in public or private industrial enterprises or their subsidiaries. Noting the absence of information on this subject in the Government’s report, the Committee once again requests it to provide the definition of the terms “minor” and “child” used in section 333 of the Labour Code and section2(5) of the Act of 2003, respectively.

Article 4(1). Determination of hazardous types of work. The Committee previously noted the Government’s indication that the Ministry of Social Affairs and Labour (MAST) had recruited a consultant in January 2009 to conduct investigations with a view to drawing up a list of hazardous types of work. The drawing up of the list would be undertaken with the support of workers’ and employers’ organizations. The Committee also noted the Government’s indication that child labour is virtually non-existent in the formal sector and is found above all in the informal economy, and it is for this reason that MAST worked with the leaders of the Haitian Federation of Small and Medium-Sized Enterprises, which groups together some 50 associations in the informal economy. It finally noted the Government’s undertaking to provide a copy of the validated list with its second report.

However, the Committee observes that the Government has not provided any further information concerning the drawing up of the list of hazardous types of work, and that it has not provided such a list with its report. The Committee once again recalls that, under the terms of Article 4(1) of the Convention, the types of work deemed hazardous shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, and particularly Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee once again expresses the hope that the Government, when drawing up the list of hazardous types of work, will take into consideration the types of work listed in Paragraph 3 of Recommendation No. 190. It urges the Government to take immediate measures to ensure that the list of hazardous types of work is adopted in the very near future and asks it to provide a copy of the list when it has been adopted.

Article 5. Monitoring mechanisms. Labour inspection. The Committee previously noted the Government’s indication that appropriate monitoring mechanisms had not yet been clearly established. The Committee also noted that, under section 411 of the Labour Code, the labour inspectorate is the authority responsible for the monitoring and enforcement of its provisions. It noted that, for this purpose, labour inspectors have the authority to enter freely and without prior notice workplaces under their jurisdiction (section 413). However, it observed that, in accordance with section 411, workplaces under their jurisdiction are restricted to workplaces and other locations where persons are occupied and earn a wage.

The Committee urges the Government to take the necessary measures to strengthen and adapt the capacities of the labour inspectorate to ensure the monitoring of children under 18 years of age engaged in the worst forms of child labour, particularly in the informal economy. It also requests the Government to provide information on the nature and extent of the violations reported, convictions and penalties imposed, in relation to the worst forms of child labour.

Article 6. Programme of action for the elimination of the worst forms of child labour. Further to its previous comments, the Committee notes that, according to the information available from ILO–IPEC, the National Tripartite Commission for the Prevention and Elimination of Child Labour (CNT) was established and officially created by the MAST in June 2012 with the mandate to develop a national plan of action to combat child labour with a view to improving State action in this respect. In the context of the ILO–IPEC project to protect children against child labour during the reconstruction period, implemented in 2011, one of the key objectives is the formulation and implementation of a national plan of action to combat child labour with a view to ensuring coordination between the ministries concerned and the civil society organizations involved. The Committee requests the Government to provide information on the progress achieved in the formulation and implementation of the national plan of action to combat child labour, and on the activities undertaken by the MAST and the CNT for this purpose.

Article 7(1). Penalties. The Committee noted previously that, even though section 2 of the Act of 2003 prohibits abuse and violence against children, and also their exploitation, for example through servitude and forced or compulsory labour, as well as forced services; the use, procuring, transport, transfer, accommodation, reception or use of children for sexual exploitation, prostitution and pornography; the offering, procuring, transfer, accommodation, reception or use of children for illicit activities; work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children; and the recruitment of children for use in armed conflict, no penalties have been established for violations of this provision. The Committee noted the Government’s indication that it was planning to refer the issue of the penalties to be imposed for violations of the Convention to the authorities responsible for judicial reform. Noting the absence of information on this matter in the Government’s report, and once again recalling that, under the terms of Article 7(1) of the Convention, measures have to be taken to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the establishment and application of penal sanctions, the Committee once again requests the Government to take the necessary measures to ensure that the prohibition laid down in section 2 of the Act of 2003 is accompanied by sufficiently effective and dissuasive penalties. It requests the Government to provide information in its next report on any progress achieved in this respect.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee noted previously that, in accordance with article 32(3) of the Haitian Constitution, primary education is compulsory and educational materials are made available free of charge to pupils in primary school. The Committee, however, noted that, according to UNICEF statistics for 2003–08, the net attendance rate in primary education was only 48 per cent for boys and 52 per cent for girls. In secondary education, the net attendance rate was barely 18 per cent for boys and 21 per cent for girls.

The Committee notes that, in its report submitted to the Human Rights Council on 19 July 2001 in the context of the Universal Periodic Review, the Government states that, although primary education is compulsory and free under the Constitution, the Government is not yet in a position to guarantee full compliance with this constitutional provision on account of its limited resources (A/HRC/WG.6/12/HTI/1, paragraph 52). However, the Government indicates that it is implementing a National Action Strategy for Education for All for the period 2008–15 and that, in August 2010, an operational plan was formulated for the period 2010–15 to adapt the Strategy to the post-earthquake situation.

However, the Committee notes that, according to the compilation prepared by the Office of the High Commissioner for Human Rights on 25 July 2011, in the context of the Universal Periodic Review, despite the considerable efforts made in 2010 by the Government, education services remain inadequate, inefficient and of low standard (A/HRC/WG.6/12/HTI/2, paragraph 65). Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee firmly encourages the Government to continue its efforts to improve the functioning of the education system through measures intended in particular to increase the attendance rate at primary and secondary school. It also requests the Government to provide information on the results achieved in the context of the National Action Strategy for Education for All during the period 2008–15.

Clause (c). Access to free basic education for children removed from the worst forms of child labour. The Committee noted previously the Government’s indication that a non-formal education project was established as part of the National Action Strategy for Education for All. Programmes aimed at extending access to basic education to categories of children for whom entry into the formal education system has become impossible, such as child domestic workers and street children, have been drawn up. Noting the absence of information on this subject in the Government’s report, the Committee once again requests the Government to provide information on the measures taken to ensure access to free basic education for all children removed from the worst forms of child labour, and on the results achieved as part of the non-formal education project.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee noted previously that Committee on the Rights of the Child (CRC), in its concluding observations (CRC/C/15/ADD.202, of 18 March 2003, paragraph 58), expressed concern at the growing number of street children and the lack of a comprehensive systematic strategy to rectify the situation and to provide these children with the protection and assistance that they require. The CRC also noted with concern that these children are used for the perpetration of offences, and that some of them disappear. Noting the absence of information on this subject in the Government’s report, and considering that street children are at particular risk of becoming engaged in the worst forms of child labour, 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. It requests the Government to provide information in its next report on the progress achieved in this respect.

Child victims and orphans of HIV/AIDS. The Committee noted previously that, according to the information provided in the Government’s report of March 2010, as part of the follow-up to the Declaration of Commitment on HIV/AIDS, the number of orphans and other vulnerable children (OVCs) was estimated at 109,000 in 2009. The report also indicated that the results of the survey of living conditions in Haiti conducted between 2005 and 2006 (EMMUS IV) revealed that only 5.2 per cent of OVCs living in shelters had received free external assistance for their care.

The Committee notes that the Government has not provided any information on this matter in its report. However, it notes that, according to the national situation report for Haiti of March 2012 on the Declaration of Commitment on HIV/AIDS, the National Programme to combat AIDS and STDs, immediately following the earthquake in 2010, developed an interim emergency plan setting new priorities for the post-earthquake period with a view to ensuring the continued implementation of the various interventions for prevention, diagnostic care and treatment, palliative care and rehabilitation. In this context, although the national monitoring and assessment system is not in a position to provide reliable data on community interventions, 2,834 OVCs were sent to school during 2011 as a result of the support of the monetary fund. The Committee once again requests the Government to provide additional information on the measures taken to ensure that child HIV/AIDS orphans are not engaged in the worst forms of child labour, and on the results achieved.

Child victims of the 2010 earthquake. The Committee notes that on 12 January 2010 Haiti was hit by a 7.0 magnitude earthquake on the Richter scale. The Committee notes that, according to the Government, in its report to the Human Rights Council of 19 July 2011 in the context of the Universal Periodic Review, hundreds of thousands of people lost their lives and some 300,000 were injured as a direct consequence of the earthquake (paragraph 63). The destruction of infrastructure was colossal. Almost 105,000 houses were entirely destroyed and over 208,000 were damaged, including 1,300 schools and over 50 hospitals and centres, which collapsed or were rendered unusable. The Committee observes that the very many families and children who were affected by the earthquake are in a situation of particular vulnerability and are exposed to the serious risks inherent in the absence of safe housing and of any protection against the various forms of abuse and exploitation, including the worst forms of child labour. The Committee notes that the ILO–IPEC project to protect children against child labour during the reconstruction process was implemented in 2011 for a period of three years and that its principal objective is to contribute to the protection of children and young persons against child labour during the initial post-earthquake reconstruction phase. The Committee requests the Government to provide information on the progress achieved in the implementation of the ILO–IPEC project and, more specifically, on the number of children affected by the earthquake who have in practice benefited from prevention measures or have been removed from the worst forms of child labour.

Application of the Convention in practice. The Committee notes, that in the context of the ILO–IPEC project to protect children against child labour during the reconstruction process, a rapid assessment of child labour has to be undertaken by the MAST to establish a baseline and improve the capacity to compile statistics. The Committee observes that one of the objectives of the project is to strengthen the knowledge base on child labour. The Committee requests the Government to provide the findings of the rapid assessment on child labour in Haiti as soon as they are available. It once again requests the Government to provide any available information on the worst forms of child labour, including copies or extracts from official documents, such as inspection reports, studies and surveys, and also other information on the nature, extent and trends of these forms of child labour, the number of children protected by the measures giving effect to the Convention, and the number and nature of the violations reported, investigations, prosecutions, convictions and penalties imposed. In so far as possible, such data should be disaggregated by age and sex.

Repetition

The Committee notes that the Law No. CL/2014-0010 of 2 June 2014 on the fight against trafficking in persons has been adopted.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that, according to the report of the United Nations Special Rapporteur on contemporary forms of slavery, a new trend has been observed with regard to the employment of children as domestic workers (designated by the Creole term restavèks). This consists of the emergence of persons who recruit children from rural areas to work as domestic servants in urban families and outside the home in markets. The Special Rapporteur noted that this new trend has caused many observers to describe the phenomenon as trafficking, since parents are now handing their children over to strangers, whereas previously they entrusted the children to relatives. The Committee noted the observations of the International Trade Union Confederation (ITUC) that smuggling and trafficking in children was continuing, particularly towards the Dominican Republic. The ITUC has gathered serious eyewitness reports of sexual abuse and violence, even including murder, against young women and young girls who have been trafficked, particularly by Dominican military personnel and expressed concern at the fact that there does not appear to be a law under which those responsible for trafficking in persons can be brought to justice and that a draft legislation was to be adopted by the Parliament.

The Committee notes with interest the adoption of Law No. CL/2014-0010 of 2 June 2014 on the fight against trafficking in persons. The Law provides that trafficking in children, meaning the procuring, enlistment, transfer, transportation, accommodation or reception of a child for the purposes of exploitation constitutes an aggravating circumstance giving rise to life imprisonment (sections 11 and 21). The Committee notes, however, that, according to its 2014 concluding observations (CCPR/C/HTI/CO/1, paragraph 14), the Human Rights Committee remains concerned about the continuing exploitation of restavèks children and the lack of statistics on, and results from, the investigations into the perpetrators of trafficking. Similarly, the Committee notes that, according to the 2015 report of the independent expert on the human rights situation in Haiti (A/HRC/28/82, paragraph 65 with reference to A/HRC/25/71, paragraph 56), the restavèks phenomenon is the consequence of the weakness of the rule of law and those children are systematically unpaid, subjected to forced labour, and exposed to physical and/or verbal violence. Their number was estimated at 225,000 by UNICEF in 2012. The Committee, therefore, urges the Government to take the necessary measures to ensure the effective implementation of Law No. CL/2014-0010, in particular in ensuring that in-depth investigations and effective prosecutions are completed with regard to perpetrators of trafficking of children under 18 years of age. The Committee also requests the Government to provide statistical data on the application of the law in practice, including the number and nature of the violations reported, investigations, prosecutions, convictions and the penal sanctions applied.

Clauses (a) and (d) Forced or compulsory labour and hazardous work. Child domestic labour. In its previous comments, the Committee noted the situation of hundreds of thousands of restavèk children who are often exploited under conditions that qualify as forced labour. It noted that in practice many of these children, some of whom are only 4 or 5 years old, are the victims of exploitation, are obliged to work long hours without pay, face all kinds of discrimination and bullying, receive poor lodging and food and are often victims of physical, psychological and sexual abuse. In addition, very few of them attend school. The Committee also noted the repeal of Chapter IX of Title V of the Labour Code, relating to children in service, by the Act of 2003 for the prohibition and elimination of all forms of abuse, violence, ill-treatment or inhumane treatment of children (the Act of 2003). It noted that the prohibition set out in section 2(1) of the Act of 2003 covers the exploitation of children, including servitude, forced or compulsory labour, forced services and work which by its nature or the circumstances in which it is carried out is likely to harm the health, safety or morals of children, without however establishing penalties for violations of its provisions. The Committee noted that the repealed provisions included section 341 of the Labour Code, under which a child from the age of 12 years could be entrusted to a family to be engaged in domestic work. The Committee nevertheless observed that section 3 of the Act of 2003 provides that a child may be entrusted to a host family in the context of a relationship of assistance and solidarity.

The Committee noted previously that the Special Rapporteur, in her report, expressed deep concern at the vagueness of the concept of assistance and solidarity and considered that the provisions of the Act of 2003 allow the practice of restavèk to be perpetuated. According to the report of the Special Rapporteur, the number of children working as restavèk is between 150,000 and 500,000 (paragraph 17), which represents about one in ten children in Haiti (paragraph 23). Following interviews with restavèk children, the Special Rapporteur ascertained that all of them were given heavy workloads by their host families, which were often incompatible with their full physical and mental development (paragraph 25). Moreover, the Special Rapporteur was told that these children are often ill-treated and subjected to physical, psychological and sexual abuse (paragraph 35). Representatives of the Government and of civil society pointed out that cases of children being beaten and burnt were routinely reported (paragraph 37). The Committee noted that, in view of these findings, the Special Rapporteur described the restavèk system as a contemporary form of slavery.

The Committee notes the ITUC’s allegations that the earthquake of 12 January 2010 resulted in an abrupt deterioration in the living conditions of the population of Haiti and increasingly precarious working conditions. According to the ITUC, an increasing number of children are engaged as restavèk and it is highly probable that their conditions have deteriorated further. Many of the eyewitness accounts gathered by the ITUC refer to extremely arduous working conditions, and exploitation is often combined with degrading working conditions, very long hours of work, the absence of leave and sexual exploitation and situations of extreme violence.

The Committee notes the Government’s recognition that the engagement of restavèk children in domestic work is similar to forced labour. It once again expresses deep concern at the exploitation of children under 18 years of age in domestic work performed under conditions similar to slavery and in hazardous conditions. It once again reminds the Government that, under the terms of Article 3(a) and (d) of the Convention, work or employment by children under 18 years of age under conditions that are similar to slavery or that are hazardous comprise the worst forms of child labour and, under the terms of Article 1, are to be eliminated as a matter of urgency. The Committee requests the Government to take immediate and effective measures to ensure in law and practice that children under 18 years of age are not engaged as domestic workers under conditions similar to slavery or in hazardous conditions, taking into account the special situation of girls. In this respect, it urges the Government to take the necessary measures to amend the provisions of the national legislation, and particularly section 3 of the Act of 2003, which allow the continuation of the practice of restavèk. The Committee also requests the Government to take the necessary measures to ensure that in-depth investigations are conducted and effective prosecutions of persons subjecting children under 18 years of age to forced domestic work or to hazardous domestic labour, and that sufficiently effective and dissuasive penalties are imposed in practice.

Article 5. Monitoring mechanisms. Child protection brigade. The Committee notes the ITUC’s allegation that a child protection brigade (BPM) exists in Haiti protecting the borders. However, the ITUC indicates that the corruption of officials on both sides of the border has not been eradicated and that the routes for trafficking in persons avoid the four official border posts and pass through remote locations where more serious situations of abuse against the life and integrity of migrants probably occur.

The Committee notes the Government’s indication that the BPM is a specialized police unit which arrests traffickers, who are then brought to justice. However, the Government adds that, during judicial inquiries, procedural issues are often used by those charged to escape justice. The Committee is bound to express concern at the weakness of the monitoring mechanisms in preventing the phenomenon of trafficking in children for exploitation. The Committee requests the Government to take the necessary measures to strengthen the capacity of the BPM to monitor and combat trafficking in children under 18 years of age and to bring those guilty to justice. It requests the Government to provide information on the measures adopted in this respect and the results achieved.

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. Sale and trafficking. In its previous comments, the Committee noted that, according to the United Nations Office on Drugs and Crime report of February 2009: Global Report on Trafficking in Persons, no system exists to provide the victims of trafficking with care or assistance, nor are there any reception centres for victims of trafficking. It also noted that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations (CEDAW/C/HTI/CO/7, 10 February 2009, paragraph 26), expressed concern at the lack of reception centres for women and girls who are victims of trafficking.

The Committee notes the ITUC’s allegations that there is a public system of care and assistance for persons who are victims of trafficking. The reports gathered by the ITUC indicate that victims are referred to the police forces, which relay them to the Social Welfare and Research Institute (IBESR), which then places them in reception centres.

The Committee notes the Government’s indication that a pilot social protection programme was envisaged, but that the earthquake of 12 January 2010 undermined the implementation of the programme. The Committee urges 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 and for their rehabilitation and social integration. In this respect, it requests the Government to provide information on the number of children under 18 years of age who are victims of trafficking and who have been placed in reception centres through the police forces and the IBESR.

Clause (d). Identifying and reaching out to children at special risk. Restavèk children. In its previous comments, the Committee noted the existence of programmes for the reintegration of restavèk children established by the IBESR in cooperation with various international and non-governmental organizations. It noted that these programmes focus on reintegration in the family setting with a view to promoting the social and psychological development of the children concerned. However, it noted that the Committee on the Rights of the Child, in its concluding observations, had expressed deep concern at the situation of restavèk children placed in domestic service and recommended that the Government take urgent steps to ensure that restavèk children are provided with physical and psychological rehabilitation and social reintegration services (CRC/C/15/Add.202, 18 March 2003, paragraphs 56 and 57).

The Committee notes the ITUC’s indications that it has been informed of initiatives for the reintegration of restavèk children implemented, among others, with the support of UNICEF and the International Organization for Migration (IOM). While welcoming these initiatives, the ITUC calls on the Government to ensure that these programmes continue to be combined with measures intended to improve the living conditions of the families of origin of the children.

The Committee notes the Government’s indication that cases of the ill treatment of children in domestic service are taken up by the IBESR, which is responsible for placing them in families for the purposes of their physical and psychological rehabilitation. However, the Government recognizes that there are still only a few such cases. The Committee urges the Government to intensify its efforts to ensure that restavèk children benefit from physical and psychological rehabilitation and social integration services in the framework of programmes for the reintegration of restavèk children or through the IBESR.

Article 8. International cooperation. Sale and trafficking of children. The Committee previously noted that the Ministry of Social Affairs and Labour, in cooperation with the Ministry of Foreign Affairs, was studying the problem of the exploitation of persons in sugar cane plantations in the Dominican Republic and of children reduced to begging in that country, and intends to engage in bilateral negotiations with a view to resolving the situation. It also noted that the CEDAW, in its concluding observations (CEDAW/C/HTI/CO/7, 10 February 2009, paragraph 27), encourages the Government “to conduct research on the root causes of trafficking and to enhance bilateral and multilateral cooperation with neighbouring countries, in particular the Dominican Republic, to prevent trafficking and bring perpetrators to justice”.

The Committee notes once again that the Government’s report does not contain information on this subject. It once again requests the Government to provide information in its next report on the progress made in the negotiations for the adoption of a bilateral agreement with the Dominican Republic.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee noted previously that section 2(2) of the Act of 2003 for the prohibition and elimination of all forms of abuse, violence, ill-treatment or inhumane treatment of children (the Act of 2003) prohibits abuse and violence against children, and also their exploitation, such as the offering, procuring, transfer, accommodation, reception or use of children for sexual exploitation, prostitution or pornography. Noting the absence of information in this respect in the Government’s report, the Committee once again requests it to indicate whether the prohibition laid down in section 2(2) of the Act of 2003 applies to all children under 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted previously that section 2(3) of the Act of 2003 prohibits abuse and violence against children, as well as their exploitation, such as the offering, procuring, transfer, accommodation, reception or use of children for illicit activities. It, however, noted that the United Nations Secretary-General, in his report to the General Assembly on children and armed conflict (A/64/742 S/2010/181, of 13 April 2010, paragraph 79), observed that, before the earthquake of January 2010, well organized and well-armed criminal syndicates were using children for, inter alia, transporting weapons and carrying out arson attacks, or destroying public or private property. In addition, the Secretary-General noted that criminals who escaped from prison in the aftermath of the earthquake constitute a serious threat to the security of children, in as much as they seek to recruit them for criminal gangs. Noting the absence of information on this subject in the Government’s report, the Committee requests it once again to provide information on the measures taken or envisaged to ensure the prevention in practice of the use, procuring or offering of children under 18 years of age for illicit activities.

Clause (d). Hazardous work. The Committee previously noted that section 2(5) of the Act of 2003 prohibits abuse and violence against children, and also their exploitation, such as in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. It also noted that, under the terms of section 333 of the Labour Code, minors may not be employed in work which is unhealthy, arduous or hazardous in physical or moral terms, or offer their services in places selling alcoholic beverages. Finally, it noted that section 334 of the Labour Code prohibits night work for minors under 18 years of age in public or private industrial enterprises or their subsidiaries. Noting the absence of information on this subject in the Government’s report, the Committee once again requests it to provide the definition of the terms “minor” and “child” used in section 333 of the Labour Code and section2(5) of the Act of 2003, respectively.

Article 4(1). Determination of hazardous types of work. The Committee previously noted the Government’s indication that the Ministry of Social Affairs and Labour (MAST) had recruited a consultant in January 2009 to conduct investigations with a view to drawing up a list of hazardous types of work. The drawing up of the list would be undertaken with the support of workers’ and employers’ organizations. The Committee also noted the Government’s indication that child labour is virtually non-existent in the formal sector and is found above all in the informal economy, and it is for this reason that MAST worked with the leaders of the Haitian Federation of Small and Medium-Sized Enterprises, which groups together some 50 associations in the informal economy. It finally noted the Government’s undertaking to provide a copy of the validated list with its second report.

However, the Committee observes that the Government has not provided any further information concerning the drawing up of the list of hazardous types of work, and that it has not provided such a list with its report. The Committee once again recalls that, under the terms of Article 4(1) of the Convention, the types of work deemed hazardous shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, and particularly Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee once again expresses the hope that the Government, when drawing up the list of hazardous types of work, will take into consideration the types of work listed in Paragraph 3 of Recommendation No. 190. It urges the Government to take immediate measures to ensure that the list of hazardous types of work is adopted in the very near future and asks it to provide a copy of the list when it has been adopted.

Article 5. Monitoring mechanisms. Labour inspection. The Committee previously noted the Government’s indication that appropriate monitoring mechanisms had not yet been clearly established. The Committee also noted that, under section 411 of the Labour Code, the labour inspectorate is the authority responsible for the monitoring and enforcement of its provisions. It noted that, for this purpose, labour inspectors have the authority to enter freely and without prior notice workplaces under their jurisdiction (section 413). However, it observed that, in accordance with section 411, workplaces under their jurisdiction are restricted to workplaces and other locations where persons are occupied and earn a wage.

The Committee urges the Government to take the necessary measures to strengthen and adapt the capacities of the labour inspectorate to ensure the monitoring of children under 18 years of age engaged in the worst forms of child labour, particularly in the informal economy. It also requests the Government to provide information on the nature and extent of the violations reported, convictions and penalties imposed, in relation to the worst forms of child labour.

Article 6. Programme of action for the elimination of the worst forms of child labour. Further to its previous comments, the Committee notes that, according to the information available from ILO–IPEC, the National Tripartite Commission for the Prevention and Elimination of Child Labour (CNT) was established and officially created by the MAST in June 2012 with the mandate to develop a national plan of action to combat child labour with a view to improving State action in this respect. In the context of the ILO–IPEC project to protect children against child labour during the reconstruction period, implemented in 2011, one of the key objectives is the formulation and implementation of a national plan of action to combat child labour with a view to ensuring coordination between the ministries concerned and the civil society organizations involved. The Committee requests the Government to provide information on the progress achieved in the formulation and implementation of the national plan of action to combat child labour, and on the activities undertaken by the MAST and the CNT for this purpose.

Article 7(1). Penalties. The Committee noted previously that, even though section 2 of the Act of 2003 prohibits abuse and violence against children, and also their exploitation, for example through servitude and forced or compulsory labour, as well as forced services; the use, procuring, transport, transfer, accommodation, reception or use of children for sexual exploitation, prostitution and pornography; the offering, procuring, transfer, accommodation, reception or use of children for illicit activities; work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children; and the recruitment of children for use in armed conflict, no penalties have been established for violations of this provision. The Committee noted the Government’s indication that it was planning to refer the issue of the penalties to be imposed for violations of the Convention to the authorities responsible for judicial reform. Noting the absence of information on this matter in the Government’s report, and once again recalling that, under the terms of Article 7(1) of the Convention, measures have to be taken to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the establishment and application of penal sanctions, the Committee once again requests the Government to take the necessary measures to ensure that the prohibition laid down in section 2 of the Act of 2003 is accompanied by sufficiently effective and dissuasive penalties. It requests the Government to provide information in its next report on any progress achieved in this respect.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee noted previously that, in accordance with article 32(3) of the Haitian Constitution, primary education is compulsory and educational materials are made available free of charge to pupils in primary school. The Committee, however, noted that, according to UNICEF statistics for 2003–08, the net attendance rate in primary education was only 48 per cent for boys and 52 per cent for girls. In secondary education, the net attendance rate was barely 18 per cent for boys and 21 per cent for girls.

The Committee notes that, in its report submitted to the Human Rights Council on 19 July 2001 in the context of the Universal Periodic Review, the Government states that, although primary education is compulsory and free under the Constitution, the Government is not yet in a position to guarantee full compliance with this constitutional provision on account of its limited resources (A/HRC/WG.6/12/HTI/1, paragraph 52). However, the Government indicates that it is implementing a National Action Strategy for Education for All for the period 2008–15 and that, in August 2010, an operational plan was formulated for the period 2010–15 to adapt the Strategy to the post-earthquake situation.

However, the Committee notes that, according to the compilation prepared by the Office of the High Commissioner for Human Rights on 25 July 2011, in the context of the Universal Periodic Review, despite the considerable efforts made in 2010 by the Government, education services remain inadequate, inefficient and of low standard (A/HRC/WG.6/12/HTI/2, paragraph 65). Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee firmly encourages the Government to continue its efforts to improve the functioning of the education system through measures intended in particular to increase the attendance rate at primary and secondary school. It also requests the Government to provide information on the results achieved in the context of the National Action Strategy for Education for All during the period 2008–15.

Clause (c). Access to free basic education for children removed from the worst forms of child labour. The Committee noted previously the Government’s indication that a non-formal education project was established as part of the National Action Strategy for Education for All. Programmes aimed at extending access to basic education to categories of children for whom entry into the formal education system has become impossible, such as child domestic workers and street children, have been drawn up. Noting the absence of information on this subject in the Government’s report, the Committee once again requests the Government to provide information on the measures taken to ensure access to free basic education for all children removed from the worst forms of child labour, and on the results achieved as part of the non-formal education project.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee noted previously that Committee on the Rights of the Child (CRC), in its concluding observations (CRC/C/15/ADD.202, of 18 March 2003, paragraph 58), expressed concern at the growing number of street children and the lack of a comprehensive systematic strategy to rectify the situation and to provide these children with the protection and assistance that they require. The CRC also noted with concern that these children are used for the perpetration of offences, and that some of them disappear. Noting the absence of information on this subject in the Government’s report, and considering that street children are at particular risk of becoming engaged in the worst forms of child labour, 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. It requests the Government to provide information in its next report on the progress achieved in this respect.

Child victims and orphans of HIV/AIDS. The Committee noted previously that, according to the information provided in the Government’s report of March 2010, as part of the follow-up to the Declaration of Commitment on HIV/AIDS, the number of orphans and other vulnerable children (OVCs) was estimated at 109,000 in 2009. The report also indicated that the results of the survey of living conditions in Haiti conducted between 2005 and 2006 (EMMUS IV) revealed that only 5.2 per cent of OVCs living in shelters had received free external assistance for their care.

The Committee notes that the Government has not provided any information on this matter in its report. However, it notes that, according to the national situation report for Haiti of March 2012 on the Declaration of Commitment on HIV/AIDS, the National Programme to combat AIDS and STDs, immediately following the earthquake in 2010, developed an interim emergency plan setting new priorities for the post-earthquake period with a view to ensuring the continued implementation of the various interventions for prevention, diagnostic care and treatment, palliative care and rehabilitation. In this context, although the national monitoring and assessment system is not in a position to provide reliable data on community interventions, 2,834 OVCs were sent to school during 2011 as a result of the support of the monetary fund. The Committee once again requests the Government to provide additional information on the measures taken to ensure that child HIV/AIDS orphans are not engaged in the worst forms of child labour, and on the results achieved.

Child victims of the 2010 earthquake. The Committee notes that on 12 January 2010 Haiti was hit by a 7.0 magnitude earthquake on the Richter scale. The Committee notes that, according to the Government, in its report to the Human Rights Council of 19 July 2011 in the context of the Universal Periodic Review, hundreds of thousands of people lost their lives and some 300,000 were injured as a direct consequence of the earthquake (paragraph 63). The destruction of infrastructure was colossal. Almost 105,000 houses were entirely destroyed and over 208,000 were damaged, including 1,300 schools and over 50 hospitals and centres, which collapsed or were rendered unusable. The Committee observes that the very many families and children who were affected by the earthquake are in a situation of particular vulnerability and are exposed to the serious risks inherent in the absence of safe housing and of any protection against the various forms of abuse and exploitation, including the worst forms of child labour. The Committee notes that the ILO–IPEC project to protect children against child labour during the reconstruction process was implemented in 2011 for a period of three years and that its principal objective is to contribute to the protection of children and young persons against child labour during the initial post-earthquake reconstruction phase. The Committee requests the Government to provide information on the progress achieved in the implementation of the ILO–IPEC project and, more specifically, on the number of children affected by the earthquake who have in practice benefited from prevention measures or have been removed from the worst forms of child labour.

Application of the Convention in practice. The Committee notes, that in the context of the ILO–IPEC project to protect children against child labour during the reconstruction process, a rapid assessment of child labour has to be undertaken by the MAST to establish a baseline and improve the capacity to compile statistics. The Committee observes that one of the objectives of the project is to strengthen the knowledge base on child labour. The Committee requests the Government to provide the findings of the rapid assessment on child labour in Haiti as soon as they are available. It once again requests the Government to provide any available information on the worst forms of child labour, including copies or extracts from official documents, such as inspection reports, studies and surveys, and also other information on the nature, extent and trends of these forms of child labour, the number of children protected by the measures giving effect to the Convention, and the number and nature of the violations reported, investigations, prosecutions, convictions and penalties imposed. In so far as possible, such data should be disaggregated by age and sex.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that section 2(2) of the Act of 2003 prohibits abuse and violence against children and also exploitation such as the offering, procuring, transfer, accommodation, reception or use of children for sexual exploitation, prostitution or pornography. The Committee requests the Government to indicate whether the prohibition laid down in section 2(2) of the Act of 2003 applies to all children under 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that section 2(3) of the Act of 2003 prohibits abuse and violence against children and also exploitation such as the offering, procuring, transfer, accommodation, reception or use of children for illicit activities. However, it notes that the United Nations Secretary-General, in his report to the General Assembly on children and armed conflict (A/64/742-S/2010/181, of 13 April 2010, paragraph 79), observes that, before the earthquake of January 2010, well organized and well-armed criminal syndicates were using children for, inter alia, transporting weapons and carrying out arson attacks or destroying public or private property. In addition, the Secretary-General notes that criminals who escaped from prison in the aftermath of the earthquake constitute a serious threat to the security of children inasmuch as they seek to recruit them for criminal gangs. The Committee therefore requests the Government to supply information on the measures taken or envisaged to ensure the prevention in practice of the use, procuring or offering of children under 18 years of age for illicit activities.

Clause (d). Hazardous work. The Committee notes that section 2(5) of the Act of 2003 prohibits abuse and violence against children and also exploitation such as work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. It also notes that, under section 333 of the Labour Code, minors may not be employed in work which is insalubrious, arduous or hazardous in physical or moral terms, or offer their services in places selling alcoholic beverages. Finally, it notes that section 334 of the Act prohibits night work for minors under 18 years of age in public or private industrial enterprises or their outbuildings. The Committee requests the Government to provide a definition of the terms “minor” and “child”, used in section 333 of the Labour Code and section 2(5) of the Act of 2003, respectively.

Article 4(1). Determination of hazardous types of work. The Committee notes the Government’s statement that the Ministry of Social Affairs and Labour (MAST) recruited a consultant in January 2009 to conduct investigations with a view to drawing up a list of hazardous types of work. The drawing up of this list will be done with the support of workers’ and employers’ organizations. It also notes the Government’s indication that child labour is virtually non-existent in the formal sector and is found above all in the informal sector, and this is the reason why MAST has worked together with the leaders of the Haitian Federation of Small and Medium-Sized Enterprises, which groups together some 50 associations in the informal sector, in the preparation of this list. Finally, it notes that the Government undertakes to send a copy of the validated list when submitting its second report. While noting the measures taken by the Government, the Committee recalls that, under Article 4(1) of the Convention, types of work deemed hazardous shall be determined by national laws or regulations by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which states that, in determining the types of work referred to under Article 3(d) of the Convention, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; and (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee expresses the hope that the Government, when drawing up the list of hazardous types of work, will take into consideration the types of work listed in Paragraph 3 of Recommendation No. 190. It requests the Government to continue to supply information on the progress made in this respect and to send a copy of the list of hazardous types of work once it has been adopted.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication that appropriate monitoring mechanisms have not yet been clearly established. However, it notes that the Government plans to hold consultations with the employers’ and workers’ organizations with a view to setting up a tripartite national council for the monitoring and elimination of child labour. The Committee also notes that, under section 411 of the Labour Code, the labour inspectorate is the authority responsible for the monitoring and enforcement of its provisions. It notes that, accordingly, labour inspectors have the authority to enter freely and without prior warning workplaces under their jurisdiction (section 413). However, it observes that, according to section 411, workplaces under their jurisdiction are restricted to workplaces and other locations where persons are occupied and earning a wage. The Committee requests the Government to continue to supply information on the progress made on the setting up of the tripartite national council for the monitoring and elimination of child labour. It also requests the Government to provide information on the number and nature of violations reported by the labour inspectorate involving children under 18 years of age engaged in the worst forms of child labour.

Article 6. Programme of action for the elimination of the worst forms of child labour. The Committee notes the Government’s indication that a national protection plan was validated in 2006. It notes with interest that this plan targets ten categories of vulnerable children in need of protection, particularly street children, children linked to armed groups and children who are victims of violence, abuse and sexual exploitation. The Government also indicates that, further to the ratification of the Convention, MAST considered it necessary to review the national protection plan and include thematic time-bound action programmes in it. The Committee requests the Government to supply information on the time-bound measures taken in the context of the thematic action programmes to protect the categories of vulnerable children targeted in the national protection plan aimed at combating the worst forms of child labour. It also requests the Government to send a copy of the national plan.

Article 7(1). Penalties. The Committee notes that, even though section 2 of the Act of 2003 prohibits abuse and violence against children and also exploitation such as servitude and forced or compulsory labour as well as forced service; the use, procuring, transport, transfer, accommodation, reception or use of children for sexual exploitation, prostitution or pornography; the offering, procuring, transfer, accommodation, reception or use of children for illicit activities; work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children; and the recruitment of children for use in armed conflict, no penalties have been laid down for violations of this provision. The Committee notes the Government’s indication that it is planning to refer the issue of penalties to be imposed for violations of the Convention to the authorities responsible for judicial reform. Recalling that, under Article 7(1) of the Convention, all necessary measures must be taken to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of penal sanctions, the Committee requests the Government to take the necessary measures to ensure that the prohibition laid down by section 2 of the Act of 2003 is accompanied by sufficiently effective and dissuasive penalties. It requests the Government to continue to provide information on all progress made in this respect.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that, under article 32(3) of the Haitian Constitution, primary education is compulsory and educational materials are made available free of charge to pupils in primary education. It also notes that the Government has drawn up a National Action Strategy for Education for All (2007–12). The National Strategy is based on five strategic choices covering the following areas of action: (i) increasing/improving the public supply of education in rural areas; (ii) eliminating the phenomenon of “over-age” pupils; (iii) reducing the costs of schooling for disadvantaged children; and (iv) developing the levels of education following basic education.

The Committee notes that, according to UNICEF statistics for 2003–08, the net attendance rate in primary education is only 48 per cent for boys and 52 per cent for girls. In secondary education, the net attendance rate is barely 18 per cent for boys compared to 21 per cent for girls. In view of the fact that education contributes towards preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue its efforts to improve the functioning of the education system through measures aimed in particular at increasing the attendance rate in primary and secondary education. It requests the Government to provide information on the results achieved in the context of the National Action Strategy for Education for All.

Clause (c). Access to free basic education for children removed from the worst forms of child labour. The Committee notes the Government’s information to the effect that a non-formal education project has been established as part of the National Action Strategy for Education for All. Programmes aimed at extending access to basic education to categories of children for whom entry into the formal education system has become impossible, such as child domestic workers and street children, have been drawn up. The Committee requests the Government to supply information on the measures taken to ensure access to free basic education for all children removed from the worst forms of child labour, and also on the results achieved as part of the non-formal education project.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee notes the Government’s indication that MAST has not yet adopted any specific provisions with respect to establishing direct contact with children at particular risk of becoming involved in the worst forms of child labour. The Committee observes that the Committee on the Rights of the Child (CRC), in its concluding observations of 18 March 2003 (CRC/C/15/Add.202, paragraph 58), expressed concern at the growing number of street children and the lack of a comprehensive systematic strategy to rectify the situation and provide these children with the protection and assistance that they require. The CRC also noted with concern that these children are used for the perpetration of offences and that some of them have disappeared. In view of the fact that street children are at particular risk of becoming involved in the worst forms of child labour, the Committee requests the Government to take effective time-bound measures to protect street children against the worst forms of child labour and ensure their rehabilitation and social integration.

Child victims and orphans of HIV/AIDS. The Committee notes the Government’s indication that actions are planned in favour of orphans and vulnerable children (OVCs). It notes that, according to the information provided in the Government’s report of March 2010, as part of the follow-up to the Declaration of commitment on HIV/AIDS, the number of OVCs was estimated at 109,000 in 2009. In addition, the report indicates that the results of the survey of living conditions in Haiti conducted between 2005 and 2006 (EMMUS IV) reveal that only 5.2 per cent of OVCs living in shelters have received free external assistance to pay for the care provided for them. The Committee requests the Government to provide additional information on the measures taken to prevent the engagement of HIV/AIDS orphans in the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee requests the Government to provide general information on the manner in which the convention is applied in Haiti and to provide information on the worst forms of child labour, including copies of or extracts from official documents, including inspection reports, studies and surveys, and also other information on the nature, extent and trends of these forms of child labour, the number of children protected by the measures giving effect to the Convention, and the number and nature of violations reported, investigations, prosecutions, convictions and penalties imposed.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its observations made under the Forced Labour Convention, 1930 (No. 29), the Committee noted that the Act of 2003 concerning the prohibition and elimination of all forms of abuse, violence, ill-treatment or inhuman treatment against children [Act of 2003] cited, among the situations involving ill-treatment, inhuman treatment or exploitation, the sale and trafficking of children and also the offering, procuring, transfer, accommodation, reception or use of children for sexual exploitation, prostitution or pornography. It also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 18 March 2003, expressed deep concern at the number of cases of trafficking of children from Haiti to the Dominican Republic (CRC/C/15/Add.202, paragraph 60). The Committee also noted the September 2006 report on the fact-finding mission of the General Secretariat of the Organization of American States (OAS) relating to the trafficking of persons in Haiti, this trend stemming from the deterioration of the socio-economic and political situation in recent years, which has prevented an effective response to the primary needs of the population and paved the way for an increase in all forms of human exploitation and illicit economic activities.

The Committee noted that, even though section 2(1) of the Act of 2003 prohibits abuse and violence with regard to children and also such exploitation as the sale and trafficking of children, this law does not establish penalties for violations of its provisions. However, it noted with interest the Government’s information concerning the preparation and adoption of preliminary draft legislation concerning the trafficking of persons. It observes that, under this bill, the procuring, enlistment, transfer, transportation, accommodation or reception of a child for the purposes of exploitation are considered as trafficking and constitute a violation of the law. Under section 5, the term “child” means any person under 18 years of age. Moreover, section 13 of the bill states that the trafficking of children constitutes an aggravating circumstance liable to incur the maximum penalty established by the Act (section 14), namely nine years’ imprisonment. However, the Committee observed that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 10 February 2009, expressed concern at the fact that, despite the alarmingly high number of women victims of trafficking in Haiti, specific legislation criminalizing trafficking is still in draft form and has not yet been submitted to Parliament (CEDAW/C/HTI/CO/7, paragraph 26). The CEDAW also observed that this situation may result in insufficient investigations into cases of trafficking in women and girls and, consequently, lead to impunity for perpetrators.

The Committee also noted that, according to the report of the United Nations Special Rapporteur on contemporary forms of slavery, its causes and consequences (A/HRC/12/21/Add.1, paragraph 19, 4 September 2009) [report of the Special Rapporteur], a new trend has been observed in recent years with regard to the employment of children as domestic workers (designated by the Creole term restavek), namely the emergence of persons who recruit children from rural areas to work as domestic servants in urban families and outside the home in markets. The Special Rapporteur noted that this new trend has caused many stakeholders to describe the phenomenon as trafficking since parents are now handing their children over to strangers, whereas previously they entrusted the children to relatives. Moreover, the Committee observes that, according to a UNICEF press release of 15 October 2010, the number of child victims of trafficking has increased since the earthquake of January 2010, traffickers having taken advantage of the resulting chaos to prey on children who were lost or separated from their parents. The Committee therefore expresses the hope that the bill on the trafficking of children will be adopted as a matter of urgency and requests the Government to send information on all new developments in this respect. It also requests the Government to take immediate and effective steps to ensure thorough investigations and robust prosecutions of the perpetrators of the sale and trafficking of children under 18 years of age are carried out.

Clauses (a) and (d). Forced or compulsory labour and hazardous work Child domestic labour. In its observations under Convention No. 29, the Committee has been commenting for many years on the situation of hundreds of thousands of restavek children who are often exploited under conditions that qualify as forced labour. It noted that in practice many of these children, some of them only 4 or 5 years old, are the victims of exploitation, are obliged to work long hours without pay, face all kinds of discrimination and bullying, receive poor lodging and food and are often subjected to physical, psychological and sexual abuse. In addition, very few of them attend school. The Committee also noted the repeal of Chapter IX of Title V of the Labour Code, relating to children in service, by the Act of 2003. It noted that the prohibition established by section 2(1) of the Act of 2003 covers the exploitation of children, including servitude, forced or compulsory labour, forced service and also work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. It further noted that the repealed provisions include section 341 of the Labour Code, which allowed a child aged 12 or over to be entrusted to a family for employment in domestic work.

The Committee observed, however, that section 3 of the Act of 2003 states that a child may be entrusted to a host family in the context of a relationship of assistance and solidarity. It notes that the Special Rapporteur expressed deep concern in her report at the vagueness of the concept of assistance and solidarity and considered that the provisions of the Act of 2003 allow the practice of restavek to be perpetuated.

According to the report of the Special Rapporteur, the number of restavek children is between 150,000 and 500,000 (paragraph 17), and this represents about one in ten children in Haiti (paragraph 23). As a result of interviews with restavek children, the Special Rapporteur ascertained that all of them were given heavy workloads by their host families, which was often incompatible with their full physical and mental development (paragraph 25). Moreover, the Special Rapporteur was told that these children are often ill-treated and subjected to physical, psychological and sexual abuse (paragraph 35.) Representatives of the Government and civil society pointed out that cases of children being beaten and burned were routinely reported (paragraph 37). The Committee noted that, in view of these findings, the Special Rapporteur described the restavek system as a contemporary form of slavery. The Committee expressed its deep concern at the exploitation of the domestic work of children under 18 years of age performed under conditions similar to slavery or under hazardous conditions. It reminded the Government that, under Article 3(a) and (d) of the Convention, work done by, or the employment of, children under 18 years of age under conditions similar to slavery or under hazardous conditions belongs to the worst forms of child labour and, under the terms of Article 1, must be eliminated as a matter of urgency. The Committee requests the Government to take immediate and effective measures to ensure, in law and in practice, that children under 18 years of age may not be employed as domestic servants under conditions equivalent to slavery or under hazardous conditions, taking account of the special situation of girls. It requests the Government to take the necessary steps to ensure that thorough investigations and robust prosecutions of persons who subject children under 18 years of age to forced or hazardous domestic labour are carried out and to ensure the imposition in practice of sufficiently effective and dissuasive penalties.

Article 6. Programme of action for the elimination of the worst forms of child labour. The Committee noted the Government’s indication that a national protection plan was validated in 2006. It noted that the plan targets ten categories of vulnerable children who need protection, including child domestic workers and child victims of trafficking. The Government also indicated that, further to the ratification of the Convention, the Ministry of Social Affairs and Labour (MAST) has considered it necessary to review the national protection plan and include thematic time-bound programmes of action in it. The Committee requests the Government to supply information on the time-bound measures taken as part of the thematic programmes of action and the national protection plan for the child victims of trafficking and child domestic workers. It also requests the Government to send a copy of the national plan.

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. Sale and trafficking. The Committee noted that, according to the February 2009 UNODC Global Report on Trafficking in Persons, no system exists for providing the victims of trafficking with care or assistance, nor are there any reception centres for accommodating the victims of trafficking. It also noted that the CEDAW, in its concluding observations of 10 February 2009 (CEDAW/C/HTI/CO/7, paragraph 26), expressed concern at the lack of reception centres for women and girls who are the victims of trafficking. The Committee requests the Government to take effective measures to provide the necessary and appropriate direct assistance for the removal of children from sale and trafficking and for their rehabilitation and social integration. It requests the Government to provide information on the measures taken towards this end.

Clause (d). Identifying and reaching out to children at special risk. Restavek children. In its observations of 2009 made under Convention No. 29, the Committee noted the existence of programmes for the rehabilitation of restavek children established by the Social Welfare and Research Institute (IBESR) in cooperation with various international and non-governmental organizations. It noted that these programmes focus on reintegration in the family setting in order to promote the social and psychological development of the children concerned.

The Committee observed that the Government’s report does not contain any information in this respect. It noted that the CRC, in its concluding observations, expressed deep concern at the situation of restavek children placed in domestic service and recommended that the Government take urgent steps to ensure that restavek children are provided with services offering physical and psychological rehabilitation and social reintegration (CRC/C/15/Add.202, 18 March 2003, paragraphs 56–57). The Committee requests the Government to take the necessary steps to ensure that restavek children are provided with services offering physical and psychological rehabilitation and social reintegration as part of rehabilitation programmes designed for them. It requests the Government to supply information on the specific results achieved in terms of the number of children who have benefited from these measures.

Article 8. International cooperation. Sale and trafficking of children. In its observations of 2009 made under Convention No. 29, the Committee noted that the MAST, in cooperation with the Ministry of Foreign Affairs, is studying the problem of the exploitation of persons in sugar cane plantations in the Dominican Republic and the involvement of children in begging in the same country, and is due to conduct bilateral negotiations with a view to resolving the situation. It also observed that the CEDAW, in its concluding observations of 10 February 2009 (CEDAW/C/HTI/CO/7, paragraph 27), encouraged the Government “to conduct research on the root causes of trafficking and to enhance bilateral and multilateral cooperation with neighbouring countries, in particular the Dominican Republic, to prevent trafficking and bring perpetrators to justice”.

The Committee noted that the Government’s report does not contain any information in this regard. It requests the Government to supply information on the progress of negotiations aimed at the adoption of a bilateral agreement with the Dominican Republic.

The Committee is raising other points in a request addressed directly to the Government.