Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Haiti (Ratification: 1976)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Equality between men and women. Legislation on domestic work. With reference to its comment on the Equal Remuneration Convention, 1951 (No. 100), the Committee notes the adoption in May 2009 of the Domestic Work Act, which amends section 257 of the Labour Code. The Act states that women domestic workers will be covered by all the provisions relating to women’s work laid down in section 316 ff. of the Labour Code, that is not only the provisions stating that women have the same rights and obligations as men under the labour legislation but also the provisions relating to maternity protection. The Committee requests the Government to supply information on the application in practice of section 257 of the Labour Code and, in particular, its impact on equality of opportunity and treatment of women domestic workers.

Equality between men and women. Draft legislation. The Committee notes that the formulation and implementation of a gender equality policy constitute one of the objectives of the Strategic Plan of the Ministry for the Status of Women and Women’s Rights (MCFDF) for 2006–11. Noting that it is planned to draw up an Act on gender equality in the context of the Strategic Plan, the Committee requests the Government to supply information on the progress of this draft Act, indicating whether it is planned to include provisions relating to equality between men and women in respect of employment and occupation.

Article 2 of the Convention. Gender equality policy. The Committee notes the information supplied by the Government relating to financial assistance granted to families (July 2008–July 2009) with a view to improving their economic situation and enabling women to undertake on economic activity. It also notes that, according to the reports submitted by Haiti in 2008 under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW/C/HTI/7), women face greater problems than men in having access to paid work and consequently are more inclined to work on a self-employed basis, particularly in trade, where conditions of employment are precarious and income is unstable. Women form the majority of those in unskilled occupations (for example, subcontracting) and they account for only 43.9 per cent of workers in academic and scientific occupations, 36.5 per cent in the services sector and 32.3 per cent in public service. Moreover, women who are in formal employment, in both the public and private sectors, have very little chance of promotion and very few women occupy managerial posts. The Government emphasizes in its report that there is still a great deal of cultural reticence in this field. The Committee considers that the situation of women in the labour market remains a source of concern, particularly because of the problems they face in having access to paid work and the precarious situations to which they are exposed, and also the occupational segregation, in both horizontal and vertical terms, which they face. The Committee encourages the Government to pursue and step up its efforts to improve the economic situation of women with respect to access to independent economic activities and paid employment, and to combat gender-based stereotypes and prejudices, and requests it to continue to provide information on the action taken in this respect. It requests the Government to indicate the measures taken to encourage and increase the participation of women in supervisory posts in the private sector and the public service. It also requests the Government to supply information on the implementation of the Strategic Plan (2006–11) implemented by the MCFDF.

Sexual harassment. In its previous comments the Committee noted the firm undertaking made by the Ministry of Social Affairs and Labour to submit proposals to the Tripartite Consultation and Arbitration Board responsible for revising the Labour Code to incorporate provisions on sexual harassment in the present draft. It notes that the Government’s report does not contain any information on the progress made in the work of the Tripartite Consultation and Arbitration Board. However, the Government indicates that, in the context of the follow-up to and the application of Acts HOPE I and HOPE II promoting the introduction of protective measures for women workers against all forms of violence against women in the workplace in the textile industry in Haiti, the general labour inspectorate recommends that enterprises include clauses on sexual harassment in their staff regulations and lay down related penalties. The Committee notes that, according to the reports submitted by Haiti in 2008 under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW/C/HTI/7), numerous women working in the export processing sector cite sexual harassment and abuse by their male superiors, but the victims hesitate to make complaints. By way of example, the report mentions the introduction of clauses against sexual harassment in the collective agreement applicable in the CODEVI (Industrial Development Company) free trade zone. While noting these initiatives, which constitute a step forward in the fight against sexual harassment at work, the Committee wishes to draw the Government’s attention to the fact that they are insufficient for providing legal protection for all male and female workers against this discriminatory practice. The Committee therefore urges the Government to include in the labour legislation provisions which define and prohibit both quid pro quo and hostile environment sexual harassment, and to make provision for adequate means of recourse and penalties. The Committee requests the Government to indicate whether the legal assistance guide published by the MCFDF in April 2009 for women and girls who have been the victims of sexual assault covers the issue of sexual harassment at work, and if so, to send a copy of it. The Committee requests the Government to send information on the following:

• (i) the provisions on sexual harassment included by enterprises in their staff regulations further to the recommendations of the labour inspectorate;
• (ii) the collective agreements containing clauses on sexual harassment in the workplace, along the lines of the CODEVI collective agreement;
• (iii) the measures taken to prevent and combat, in law and in practice, sexual harassment in both the private and public sectors;
• (iv) any case of sexual harassment in the workplace dealt with by the labour inspectorate or the judicial authorities.

Equal access to training. The Committee notes the results of the survey on gender mainstreaming in vocational training for 2006–07, according to which almost 79 per cent of students who have taken a course of training with the National Training Institute are male. The Committee also notes that, in the context of the partnership with the National Vocational Training Institute via the coordination unit, a training programme for 30,000 young persons aims to place 30 per cent of young women in branches of employment where men have traditionally predominated. However, the Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of February 2009 (CEDAW/C/HTI/CO/7), expresses its concern at the high rate of illiteracy among women, especially in rural areas, at the major disparity in access to education in rural and urban areas, and also at the high drop-out rate for girls at various levels of education. Emphasizing the key role of vocational training with regard to access to employment, the Committee encourages the Government to pursue its efforts to diversify and promote vocational training for young women. It requests the Government to supply information on the following:

• (i) the implementation of the programme aiming to place 30 per cent of young women in branches of employment where men have traditionally predominated and on the specific results achieved in this context;
• (ii) the participation of women and men in vocational training including, if possible, the respective proportions of men and women in the various areas of specialization;
• (iii) any measure taken to combat practical obstacles with regard to the provision of education for girls.

Anti-discrimination legislation. In its previous comments the Committee asked the Government to supply information on the measures taken, in law and in practice, to prevent and prohibit discrimination based on political opinion. The Committee notes that the Government merely indicates that, since 2006, no case of political persecution has been recorded in Haiti. Referring more generally to the legal provisions for ensuring the protection of workers against discrimination, the Committee recalls that section 3 of the Labour Code provides for the equality of all workers before the law and for the abolition of any form of discrimination, including any that may arise from the intellectual or manual nature of work, its form or remuneration, and the sex of the worker. Furthermore, section 50 of the Labour Code states that any termination of an employment contract on the basis of the worker’s opinions, union or religious activities, membership of an authorized social, literary, political, artistic or sporting association, or sex or race, shall be deemed to constitute wrongful dismissal. The Committee wishes to draw the Government’s attention to the legislative developments regarding the prohibition of discrimination pursuant to the Convention set out in its 2008 General Report (paragraphs 108–112). The Committee emphasized the fact that in many cases the existence of general provisions on equality has been insufficient in order to address specific situations of discrimination in employment and occupation and that, given the persistence of certain types of discrimination, in most cases comprehensive anti-discrimination legislation is needed to apply the Convention effectively. The Committee therefore requests the Government to examine the possibility of adopting legal provisions applicable to all workers defining and prohibiting explicitly any form of direct or indirect discrimination, at all stages of employment, and covering, as a minimum, all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin.

National extraction and access to the public service. In its previous comments the Committee asked the Government to take the necessary measures to bring its legislation into conformity with the principles of the Convention and accordingly abolish the provisions reserving access to public service posts for Haitians of Haitian parentage. The Committee notes that the Working Party on the Constitution (GTC), which was set up in February 2009, finalized its report last July and that the report recommends in particular that the public service should be accessible to any Haitian, subject to conditions of eligibility and access laid down by the Constitution and by law. Noting that it is for the Head of State to bring the GTC proposals for amendments to the Constitution officially before Parliament, the Committee requests the Government to continue to supply information on the progress made on the revision process under way and on any measures taken in practice for eliminating discrimination based on national extraction in connection with access to the public service.