Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Haiti

Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) (Ratification: 1957)
Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) (Ratification: 1957)

While noting the difficult situation prevailing in the country, the Committee notes with deep concern that the Government’s reports on Convention No. 77 and on Convention No. 78, both due since 2016, have not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of these Conventions on the basis of the information at its disposal.

In order to provide an overview of matters relating to the application of the main Conventions on the medical examination of young persons, the Committee considers it appropriate to examine Conventions Nos 77 and 78 in a single comment.

Articles 2, 3 and 4 of Conventions Nos. 77 and 78. 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. The Committee previously noted that, according to section 336 of 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 observed that the Labour Code does not require these examinations to be repeated at intervals of not more than one year, in accordance with Article 3, paragraph 2 of both Conventions. Furthermore, the Committee noted that the Labour Code does not contain provisions concerning the medical examination for fitness of children and young persons for occupations involving high health risks, until at least the age of 21 years, as required by Article 4 of both Conventions.

The Committee notes that, in its observations of 4 September 2019, the Confederation of Public and Private Sector Workers (CTSP) refers to the presence of working children in the informal economy carrying out activities in the sectors of transportation, mining, construction and the textile industry who are not covered by the Labour Code and, therefore, excluded from the requirement of medical examinations for fitness for employment. The Committee also notes from the 2016 Government’s report to the Human Rights Council that a tripartite commission comprising representatives of employers, employees and the Government was set up to update the labour code (A/HRC/WG.6/HTI/1 paragraph 116). The Committee requests the Government to take all the necessary measures to ensure that all children and young persons carrying out industrial and non-industrial occupations, including in the informal economy, benefit from the protection conferred by Conventions Nos. 77 and 78. The Committee also requests the Government to take the necessary measures, within the framework of the ongoing revision of the Labour Code, to ensure that: 1) the continued employment of a child or young person under eighteen years of age is subject to the repetition of medical examinations for fitness for employment at intervals of no more than one year; and 2) medical examination and re-examinations for fitness for employment is required for persons until at least the age of twenty-one years when they carry out occupations involving high health risks, indicating the categories of occupations for which such an examination is required. The Committee requests the Government to provide information on any progress made in this regard.

Article 7(2)(a) and (b) of Convention No. 78. Ensuring the application of the system of medical examination for fitness for employment to children engaged either on their own account or on account of their parents. The Committee previously noted that the Labour Code does not contain provisions ensuring the application of the system of medical examination for fitness for employment to children and young persons engaged either on their own account or on account of their parents in itinerant trading or any other occupation carried out in the streets or in places to which the public have access. The Committee noted the Government’s indication that itinerant workers (young persons) can request from the Women and Children’s Department a certificate for fitness for employment and undergo a medical examination by a doctor approved by the competent authority, according to section 336 of the Labour Code. It also noted that the Government indicated that efforts would be made to secure effective supervision of itinerant workers (young persons). Noting the absence of information on this matter, the Committee requests the Government to take measures to ensure supervision of the application of the system of medical examination for fitness for employment to young persons engaged either on their own account or on account of their parents, in itinerant trading or in any other occupation carried out in the streets or in places to which the public have access. The Committee requests the Government to provide information on any progress made in this regard.