Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar practices. Forced recruitment of children for use in armed conflict. The Committee notes that article 268 of the Constitution of 1987 prescribes compulsory military service for all citizens aged 18 years or over. It also notes that section 2(6) of the Act of 2003 concerning the prohibition and elimination of all forms of abuse, violence, ill-treatment or inhuman treatment or exploitation (Act of 2003) prohibits abuse and violence against children and also exploitation such as the recruitment of children for use in armed conflict. The Committee also observes that, according to the Child Soldiers Global Report 2008 – Haiti, published on the website of the Office of the United Nations High Commissioner for Refugees (UNHCR) (www.unhcr.org), military service has been non-existent since 1995, the year of the dissolution of the armed forces by presidential decree.

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. 
1. 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.

2. 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.