Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Labour Inspection Convention, 1947 (No. 81) - Haiti (Ratification: 1952)

The Committee notes the Government's report. It also notes the information contained in the documents of an evaluation mission of an ILO technical cooperation project in 1996 which show a relatively complex situation in relation to labour inspection as regards its administrative organization and the utilization of human resources. The inadequacy of material and financial resources also appears to constitute an obstacle to the proper application of the Convention. The Committee notes, however, the efforts made by the Government to transmit information on the texts which give effect in the legislation, either fully or partially, to Articles 2, 3, 4, 10, 11, 12, 13, 14, 17, 18, 20 and 21 of the Convention. It wishes to draw the Government's attention to the action which needs to be taken before these provisions can be implemented and for their progressive adaptation to the requirements of the Convention.

An examination of the Labour Code shows that the protection of workers and working conditions is not ensured to the extent that is necessary to enable labour inspectors to fully discharge the role assigned to them by the Convention. A re-examination of the Code would be desirable in order to envisage amendments providing greater protection to workers and, in particular, a balance between the obligations of employers and workers. In particular, the contractual conditions of the employment relationship could be re-examined to protect workers against the risks threatening their employment, health and safety at work.

While awaiting a possible and desirable revision of the labour legislation, it is nevertheless already possible to collect the objective data which are necessary to develop an action programme for the labour inspectorate, taking into account the available human and material resources. The Committee would be grateful if the Government would take the necessary measures in this respect to organize the registration and classification of enterprises carrying out an industrial or commercial economic activity on the territory, and provide information on the number of workers employed by these enterprises. The central labour inspection authority could also obtain the necessary information for the appropriate geographical and sectoral distribution of the human and material resources of the labour inspectorate. It would also be in a position to target its request for assistance and technical cooperation more permanently.

The Committee considers that the collaboration of employers and workers and their representatives or their organizations could, on the one hand, facilitate the compilation of the above information and, on the other hand, promote the development of a climate of cooperation between all the actors with a view to the improved application of the legal provisions which the labour inspectorate is responsible for supervising.

The Committee is aware of the magnitude of the efforts which need to be made by the Government to create the conditions which are necessary for the application of the Convention and it notes the Government's commitment in this respect. It trusts that the Government will provide in future reports, on the one hand, copies of the legislative texts and regulations respecting the matters covered by the Convention and, on the other hand, all the available information on the recommencement of the labour inspectorate's work, particularly with regard to the matters covered by Article 21, points (b) to (g).