Observación (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Articles 1 (paragraph 1), 2 (paragraph 1), and 25 of the Convention.  Exploitation of children employed as domestic servants known as “restaveks” in conditions of forced labour. For many years, the Committee has been commenting on the situation of hundreds of thousands of child domestic workers (300,000 according to the estimates provided in 2002 by the International Confederation of Free Trade Unions (ICFTU) now the International Trade Union Confederation (ITUC)), who are known in Creole as “restaveks”, who are often exploited in conditions of forced labour within the meaning of the Convention. The Committee’s comments are based on concordant information originating from various sources, which has been confirmed by the Government in its reports. These sources include a report of the Working Group on Contemporary Forms of Slavery of the United Nations High Commissioner for Human Rights, communications received from the ICFTU and the Coordination Syndicale Haïtienne (CSH), as well as the concluding observations of the United Nations Committee on the Rights of the Child concerning Haiti. According to this information, “restaveks” who are from poor families, are placed with families that are generally more affluent to work as domestic servants, in theory in exchange for room and board, and education. In reality, many of these children, some of whom are only 4 or 5 years old, are victims of exploitation, forced to work long hours without remuneration, discriminated against and subjected to all forms of bullying, poorly housed, poorly fed, and often victims of physical, psychological and sexual violence. Very few of them receive any schooling (according to the ICFTU, only 20 per cent of “restaveks” go to school and less than 1 per cent reach secondary school level).

In its previous observation, the Committee noted that the Government reaffirmed its commitment to protect vulnerable children, in particular those working as domestic servants. It also noted the action undertaken by the Government, such as the validation of a national protection plan in October 2006, the implementation of training activities for officials of the Ministry of Social Affairs and Labour and the development of the “Education for All” programme which aims to ensure the school attendance of vulnerable children. Furthermore, the Committee noted the repeal of Chapter IX of Title V of the Labour Code on children in service by the Act on the Prohibition and Elimination of All Forms of Abuse, Violence, Ill-treatment or Inhuman Treatment Against Children of 2003. It noted that this Act prohibits the exploitation of children, including servitude, forced or compulsory labour, forced services, as well as work which by its very nature or because of the conditions in which it is carried out is likely to harm the health, safety or morals of the child. The Committee noted that the repealed provisions include those of section 341 of the Labour Code, which allowed a child from the age of 12 onwards to be entrusted to a family for the purposes of carrying out domestic work. The Act has also repealed the provisions relating to the host family’s obligation to obtain a permit and comply with the conditions required by the Social Welfare and Research Institute (IBESR).

With regard to the provisions of the Act of 2003, the Committee noted that under section 4 of the Act, any report of an abused or ill-treated child shall be addressed to the Ministry of Social Affairs which may refer the matter to the competent judicial authority. Noting that the Act of 2003 did not provide for penalties against persons responsible for the abuse, violence or ill-treatment that it prohibits, the Committee requested the Government to provide detailed information on the measures taken to ensure that penalties are imposed in the case of exploitation of children working in domestic services. It recalled that under Article 25 of the Convention, the penalties imposed for the illegal exaction of forced labour shall be really adequate and strictly enforced.

The Committee notes that in its latest report, the Government indicates that the national protection plan, which the Committee understood had been adopted in 2006, is still awaiting validation by the Council of Ministers. According to the Government, this national protection plan for children in vulnerable situations, once validated, will bind the State and serve as a basis for drawing up a national policy on children.

The Committee also notes the information provided by the Government concerning the reintegration programmes for child “restaveks” established by the IBESR in conjunction with various international and non-governmental organizations. The Committee notes that these programmes favour reintegration into the family environment in order to promote the psychological and social development of the children concerned. The Committee also notes the information concerning the measures taken to ensure that children placed in host families are properly monitored. The Government refers to a university training course designed to enable young graduates to help children who have been victims of abuse. Social workers have also been recruited to intervene directly to assist children placed with host families and establish a system of regular monitoring.

With regard to the steps taken to ensure that penalties are imposed in the event of the exploitation of child domestic workers, the Committee notes that the Government merely indicates that the IBESR is constantly working to admonish all persons accused of abusing children. Furthermore, the Government indicates that crackdowns have been carried out by the Youth Protection Unit with a view to apprehending persons who have been reported for exploiting child domestic workers and subjecting them to ill-treatment. According to the Government’s report, the children concerned have been returned to their families, who have in turn benefited from assistance from the IBESR and from various associations.

The Committee once again reiterates its concern at the exploitative conditions of which children employed as domestic servants within the framework of a relationship of total dependency are victims. Taking into account the conditions in which such work may be carried out, their young age and the fact that it is impossible to leave their work and the family in which they have been placed, the Committee once again draws the Government’s attention to the fact that this work comes under the definition of forced labour given in the Convention. The Committee considers that, in view of the extent and gravity of the situation, the prohibition of the exploitation of children, established by the Act of 2003, should be accompanied by adequate penalties that are strictly enforced. In these circumstances, the Committee urges the Government to take the necessary steps as a matter of urgency so that the prohibition of the exploitation of child domestic workers, which often amounts in reality to forced labour within the meaning of the Convention, is accompanied by adequate penalties, as required by Article 25 of the Convention.

The Committee also requests the Government to continue providing information on the steps taken to combat the exploitation of which many child domestic workers are victims, as well as on the national plan on the protection of children in vulnerable situations, which is awaiting validation by the Council of Ministers. Please provide a copy of the plan as soon as it has been adopted. The Committee also requests the Government to continue providing information concerning the steps taken or envisaged to protect, assist and reintegrate children who have been the victim of exploitation.

Furthermore, given that the Government has not provided information on the following points raised in its last observation, the Committee requests it to provide the following information in its next report:

–           measures taken to assess the extent and characteristics of the phenomenon (indicating the estimated number of child domestic workers placed in host families and their ages);

–           measures taken to ensure that, in practice, host families do not exploit the children entrusted to them (besides visits from social workers and denunciations); and

–           measures taken to ensure that penalties are imposed in the event of the exploitation of child domestic workers. The Committee would like the Government to specify the extent to which the violations observed result in an investigation being carried out and whether the persons suspected of these violations are brought before the competent judicial authority as required under section 4 of the Act of 2003. If applicable, the Committee would like the Government to provide information on the penalties imposed and the provisions of the criminal legislation on which these penalties are based.

Trafficking in persons, including children. In its previous comments, the Committee noted that the Act of 2003 on the Prohibition and Elimination of All Forms of Abuse, Violence, Ill-treatment or Inhuman Treatment Against Children refers, among other examples of ill-treatment, the inhuman treatment or exploitation, sale and trafficking of children and the offering, recruitment, transfer, harbouring, receipt or use of children for the purposes of sexual exploitation, prostitution or pornography. It noted that the United Nations Committee on the Rights of the Child had expressed deep concern at the high incidence of trafficking in children from Haiti to the Dominican Republic. The UN Committee noted that these children, once separated from their families, are forced to beg or work in the Dominican Republic (see document CRC/C/15/Add.202, 18 March 2003, concluding observations, paragraph 60). The Committee requested the Government to provide information on this phenomenon and on the steps taken to combat it. The Committee also noted the report by the Research Mission of the General Secretariat of the Organization of American States (OAS) on the situation regarding the trafficking in persons in Haiti, dated September 2006, which emphasized a trend towards the systematic organization of trafficking in persons in Haiti, which can be explained by the deterioration of the socioeconomic and political situation in the country over recent years which precludes an effective response to the basic needs of the population and paves the way for an increase in all forms of human exploitation and unlawful economic activity.

In its latest report, the Government mentions the implementation of a plan which includes increasing the number of police officers at the border with the Dominican Republic with a view to preventing illegal crossings and at the same time reducing the trafficking of children and persons in general. The Government also mentions the drafting of two bills aimed at protecting the victims of trafficking, in particular children. The Government indicates that the National Migration Office assists Haitians who have been turned away at the border in returning to their community with the help of public aid. Finally, the Government indicates that the Ministry of Social Affairs and Labour, together with the Ministry of Foreign Affairs, is currently studying the problem of the exploitation of persons in the Dominican Republic on sugar cane plantations and the reduction of children to begging in that country and intends to hold bilateral talks aimed at solving this problem.

The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (see document CEDAW/C/HTI/CO/7, 10 February 2009, paragraph 27) urging the Government “to intensify its efforts to combat all forms of trafficking in women and girls”. It notes that the UN Committee also asks the Government “to expedite adoption of the draft bill on all forms of trafficking and to ensure that the new law allows prosecution and punishment of perpetrators, effective protection of victims and adequate redress”. Finally, it notes that the UN Committee 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 requests the Government to provide information on the draft laws mentioned in the Government’s report, in particular the draft law on trafficking. Please provide a copy of the texts concerned as soon as they have been adopted. In addition to the legislative measures taken, the Committee requests the Government to continue to provide information on other measures taken to combat the trafficking in persons, in particular: repressive measures (including statistics on the number of cases of trafficking examined by the authorities and the number of sentences imposed by the courts); public awareness raising, with a special emphasis on those most vulnerable; and assistance for victims. Please also provide information concerning the measures taken and results achieved with regard to bilateral and multilateral cooperation with neighbouring countries, in particular the Dominican Republic. Given that the Government has not provided substantial information on this matter, the Committee once again requests the Government to indicate the measures taken or envisaged to find a solution to the specific problem of child trafficking to the Dominican Republic which involves children being separated from their families and forced to beg or work in the Dominican Republic.