Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) - Haiti (Ratification: 1957)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

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 lack of labour inspections related to child labour.

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 expects that the next report will contain full information on the matters raised in its previous comments initially made in 2011.

Articles 3(2) and 4 of the Convention. Annual repetition of medical examinations, medical examination for fitness for employment in types of work with high risks to health, re-examinations until the age of 21, and determination of these types of work. In its previous comments, the Committee noted that, under section 336(3) of the Decree of 24 February 1984 updating the Labour Code, the fitness of minors for the employment in which they are engaged shall be subject to regular medical supervision until they have reached the age of 18. However, the Committee noted that this provision of the Labour Code, although providing for periodic medical examinations, does not require these examinations to be repeated at intervals of not more than one year, in accordance with Article 3(2) of the Convention. The Committee also noted that the national legislation does not contain provisions giving effect to Article 4 of the Convention.

The Committee notes the Government’s indication that it will take these comments into account within the framework of the review of the labour legislation. The Committee expresses the hope that, within the framework of the review of the legislation, the Government will adopt provisions implementing Articles 3(2) and 4 of the Convention. The Committee requests the Government to provide information on any progress made in this regard.

Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s indication that the number of young persons who work in the industrial sector is very limited, and that these young persons have been subjected to medical examinations, as provided for in the Convention. In this regard, the Government indicates that, between 2007 and 2011, only two certificates attesting fitness for employment were delivered by the Directorate of the Ministry of Social Affairs and Labour. The Committee requests the Government to supply information on the activities of the Labour Inspectorate, by providing extracts of labour inspection reports and indicating the number and nature of violations reported, as well as penalties applied.