Forced Labour Convention, 1930 (No. 29) - Haiti (Ratification: 1958)

Individual Case (CAS) - Discussion: 1990, Publication: 77th ILC session (1990)

A Government representative stated that, in his country, children were in fact employed as domestic servants. These were children whose parents were peasants faced with insoluble financial problems and who had to entrust their children to more or less better-off acquaintances in town. There was no question of slavery as such, although the children worked under conditions that left much to be desired. The Labour Code contained provisions (sections 341 to 355) on the protection of children employed as domestic servants. The application of those provisions was supervised by the Institute of Social Welfare and Research. Preceding Governments had not always ensured the effective application of the provisions of the Labour Code, but the new Government - which had been in office for three months and was committed to holding elections in September 1990 - should take practical and effective measures to that end.

The Employers' members stated that the case was worrying because it concerned the abusive treatment of child victims who had to work in dreadful conditions, endangering their physical health and spiritual well-being. The Government should take urgent steps to remedy the situation, not only by adopting legislation - that had been done in 1984 with the result that, in 1985, Haiti had been listed among the cases where progress had been noted by the present Committee - but also by ensuring the application of that legislation. This was a typical example of the need to examine not only the legislation, but also the practice which could, as was the case here, be contrary to the legislation. The Employers' members hoped that the Government would, in the very near future, take all the necessary steps to bring the practice into conformity with the legislation and to bring to an end the abusive treatment of children. They further hoped that the Government would send a report on its actions and on the results achieved.

The Workers' members supported the comments made by the Employers' members and joined them in insisting that a report be sent on the measures taken to ensure the application of the provisions of the Labour Code and of the Convention.

The Government representative indicated that his Government would effectively ensure the application of the legislative provisions and hoped that, at the next session of the International Labour Conference, this Committee would have a detailed report on the steps that had been taken.

The Committee noted the information supplied by the Government representative, from which it gathered that the existing provisions against child labour were not adequately applied. It firmly hoped that the Government would be in a position next year to show that both its practice and its legislation were in complete conformity with the Convention which the Committee considered as extremely important.

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

While noting the difficult situation prevailing in the country, the Committee notes with deep concern that the Government’s report, due since 2015, has 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 the Convention on the basis of the information at its disposal.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously welcomed the adoption of the 2014 Act on Combating Trafficking in Persons, which provides for penalties of imprisonment for trafficking in persons for labour and sexual exploitation as well as for the establishment of a National Committee Against Trafficking in Persons (CNLTP) in charge of coordinating activities aimed at preventing and combating trafficking, and protecting the victims. The Committee also noted that the Act provides for the creation of a Special Fund against Trafficking in Persons to finance activities against trafficking in persons, with particular emphasis on assistance to victims. The Committee took note of the observations of the Confederation of Public and Private Sector Workers (CTSP), received in 2017 and 2018, referring to the lack of resources allocated to combat human trafficking.

The Committee notes from the 2016 national report of the Government to the Human Rights Council of the United Nations that, the CNLTP was established in 2015 (A/HRC/WG.6/26/HTI/1 paragraph 82). It also notes from the observations of the Confederation of Public and Private Sector Workers (CTSP) received on 4 September 2019 that the CNLTP does not have the necessary resources to discharge its mandate. The CTSP also indicates that in several cases suspected traffickers of persons have been released. The Committee notes that, according to a press release of the International Organization for Migration, the Haitian Border Police (POLIFRONT) has received support for the rehabilitation of its bases, 175 individuals have been arrested by the POLIFRONT between January 2018 and August 2019 and at least more than a thousand victims of trafficking have received assistance. The Committee further notes that, its 2016 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women referred to the continued practice of trafficking of women at the borders with the Dominican Republic, which only rarely is subject to investigation by the Police (CEDAW/C/HTI/CO/8-9, paragraph 23).

The Committee requests the Government to intensify its efforts to provide the CNLTP and other entities in charge of the application of the anti-trafficking legislation with the necessary resources to fulfil their functions; and to take measures to ensure that cases of trafficking in persons for both labour and sexual exploitation are identified, investigations carried out, and prosecutions initiated. In this regard, the Committee requests the Government to provide information on investigations carried out, judicial proceedings initiated and convictions handed down under the 2014 Act on Combating Trafficking in Persons, as well as on the difficulties encountered by the competent authorities in that respect. Lastly, the Committee also requests the Government to provide information on the activities undertaken by the CNLTP, as well as on the measures taken to identify and provide adequate protection to the victims of trafficking, particularly women.

Articles 1(1) and 25. Legal and institutional framework to suppress the use of forced or compulsory labour in all its forms. The Committee notes the adoption, in 2020, of a new Penal Code, which contains provisions which criminalize different practices that amount or could amount to forced labour: section 396 provides for sanctions of imprisonment for obtaining from a vulnerable or dependent person the provision of services without payment or with a compensation that is not adequate to the type of service performed; section 397 provides for sanctions of imprisonment for subjecting a person in a situation of dependency or vulnerability to working and housing conditions contrary to human dignity; section 374(3) criminalizes the act of forcing a person to engage or continue to engage in prostitution; and section 394 provides for penal sanctions for forcing others to beg. The Committee welcomes the adoption of these penal provisions, which complement the prohibition of forced labour contained in the Labour Code as well as the prohibition of trafficking in persons contained in the 2014 Act on Combating Trafficking in Persons.

The Committee notes that in its 2019 observations, the CTSP refers to the lack of a national policy to eradicate the practices of forced labour in a systematic manner as well as the lack of resources and capacity of the labour inspectorate that is not in a position to carry out inspections in all sectors of the economy.

The Committee recalls that, under the Convention, States are required to develop a comprehensive legal and policy framework to combat forced labour in all its forms. The Committee hopes that the measures taken by the Government to strengthen the legislative framework will be accompanied by the necessary measures for its effective implementation. In this regard, the Committee encourages the Government to continue taking measures aimed at ensuring that law enforcement bodies and other relevant entities are provided with the necessary resources and capacities to identify and bring to an end forced labour practices, sanction the perpetrators and provide protection and assistance to the victims. The Committee also requests the Government to provide information on prosecutions and judicial decisions handed down under the above-mentioned provisions of the Penal Code, in particular sections 396 and 397.

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

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, the absence of penal sanctions and the lack of resources to combat offences related to forced labour and human trafficking.

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 2012.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the status of the bill on trafficking in persons and on other measures taken to combat trafficking. The Committee notes that the Government’s report has not been received. However, it notes that in April 2014 the Act on Combating Trafficking in Persons was adopted. The Committee notes that the Act criminalizes trafficking in persons for the purpose of exploitation and provides for prison sentences ranging from seven to 15 years (sections 1 and 11 et seq.) – penalties that may be increased in case of aggravating circumstances. The law also contains provisions on prevention; rules regulating the investigation, prosecution, repression and punishment of perpetrators; protection and assistance to victims; promoting national and international cooperation. The Act also provides for the establishment of the National Committee against Trafficking in Persons, which is a sectorial and inter-ministerial body that has among its functions to coordinate all anti-trafficking activities, to prevent and combat trafficking in all its forms, and to guarantee the protection of victims (articles 2–7). A Special Fund against Trafficking in Persons will also be created which will be used to finance activities against trafficking in persons, with particular emphasis on assistance to victims (article 7).

The Committee hopes that the adoption of the Act on Combating Trafficking in Persons will allow for this scourge to be more effectively combated and that the Government will take all the necessary measures to implement all aspects of the Act. The Committee requests the Government to provide detailed information in this regard and in particular on the activities conducted by the National Committee against Trafficking in Persons. Please also indicate whether the Special Fund against Trafficking in Persons has been created and the manner in which it guarantees the protection of victims and gives them the assistance provided for in the Act. Finally, recalling that, in accordance with Article 25 of the Convention, the exaction of forced labour shall be punished with criminal penalties that are adequately enforced, the Committee requests the Government to provide information on the investigations and the judicial proceedings under way and on convictions that have been pronounced on the basis of the Act of 2014.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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 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 2020, 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.

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, the absence of penal sanctions and the lack of resources to combat offences related to forced labour and human trafficking.

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 2012.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the status of the bill on trafficking in persons and on other measures taken to combat trafficking. The Committee notes that the Government’s report has not been received. However, it notes that in April 2014 the Act on Combating Trafficking in Persons was adopted. The Committee notes that the Act criminalizes trafficking in persons for the purpose of exploitation and provides for prison sentences ranging from seven to 15 years (sections 1 and 11 et seq.) – penalties that may be increased in case of aggravating circumstances. The law also contains provisions on prevention; rules regulating the investigation, prosecution, repression and punishment of perpetrators; protection and assistance to victims; promoting national and international cooperation. The Act also provides for the establishment of the National Committee against Trafficking in Persons, which is a sectorial and inter-ministerial body that has among its functions to coordinate all anti-trafficking activities, to prevent and combat trafficking in all its forms, and to guarantee the protection of victims (articles 2–7). A Special Fund against Trafficking in Persons will also be created which will be used to finance activities against trafficking in persons, with particular emphasis on assistance to victims (article 7).

The Committee hopes that the adoption of the Act on Combating Trafficking in Persons will allow for this scourge to be more effectively combated and that the Government will take all the necessary measures to implement all aspects of the Act. The Committee requests the Government to provide detailed information in this regard and in particular on the activities conducted by the National Committee against Trafficking in Persons. Please also indicate whether the Special Fund against Trafficking in Persons has been created and the manner in which it guarantees the protection of victims and gives them the assistance provided for in the Act. Finally, recalling that, in accordance with Article 25 of the Convention, the exaction of forced labour shall be punished with criminal penalties that are adequately enforced, the Committee requests the Government to provide information on the investigations and the judicial proceedings under way and on convictions that have been pronounced on the basis of the Act of 2014.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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, the absence of penal sanctions and the lack of resources to combat offences related to forced labour and human trafficking.

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 2012.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the status of the bill on trafficking in persons and on other measures taken to combat trafficking. The Committee notes that the Government’s report has not been received. However, it notes that in April 2014 the Act on Combating Trafficking in Persons was adopted. The Committee notes that the Act criminalizes trafficking in persons for the purpose of exploitation and provides for prison sentences ranging from seven to 15 years (sections 1 and 11 and seq.) – penalties that may be increased in case of aggravating circumstances. The law also contains provisions on prevention; rules regulating the investigation, prosecution, repression and punishment of perpetrators; protection and assistance to victims; promoting national and international cooperation. The Act also provides for the establishment of the National Committee against Trafficking in Persons, which is a sectorial and inter-ministerial body that has among its functions to coordinate all anti-trafficking activities, to prevent and combat trafficking in all its forms, and to guarantee the protection of victims (articles 2–7). A Special Fund against Trafficking in Persons will also be created which will be used to finance activities against trafficking in persons, with particular emphasis on assistance to victims (article 7).

The Committee hopes that the adoption of the Act on Combating Trafficking in Persons will allow for this scourge to be more effectively combated and that the Government will take all the necessary measures to implement all aspects of the Act. The Committee requests the Government to provide detailed information in this regard and in particular on the activities conducted by the National Committee against Trafficking in Persons. Please also indicate whether the Special Fund against Trafficking in Persons has been created and the manner in which it guarantees the protection of victims and gives them the assistance provided for in the Act. Finally, recalling that, in accordance with Article 25 of the Convention, the exaction of forced labour shall be punished with criminal penalties that are adequately enforced, the Committee requests the Government to provide information on the investigations and the judicial proceedings under way and on convictions that have been pronounced on the basis of the Act of 2014.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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 2015. It notes the observations of the Confederation of Public and Private Sector Workers (CTSP) received on 30 August 2017 concerning the fight against human trafficking in Haiti. The Committee also notes that the Government has been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the status of the bill on trafficking in persons and on other measures taken to combat trafficking. The Committee notes that the Government’s report has not been received. However, it notes that in April 2014 the Act on Combating Trafficking in Persons was adopted. The Committee notes that the Act criminalizes trafficking in persons for the purpose of exploitation and provides for prison sentences ranging from seven to 15 years (sections 1 and 11 and seq.) – penalties that may be increased in case of aggravating circumstances. The law also contains provisions on prevention; rules regulating the investigation, prosecution, repression and punishment of perpetrators; protection and assistance to victims; promoting national and international cooperation. The Act also provides for the establishment of the National Committee against Trafficking in Persons, which is a sectorial and inter-ministerial body that has among its functions to coordinate all anti-trafficking activities, to prevent and combat trafficking in all its forms, and to guarantee the protection of victims (articles 2–7). A Special Fund against Trafficking in Persons will also be created which will be used to finance activities against trafficking in persons, with particular emphasis on assistance to victims (article 7).

The Committee hopes that the adoption of the Act on Combating Trafficking in Persons will allow for this scourge to be more effectively combated and that the Government will take all the necessary measures to implement all aspects of the Act. The Committee requests the Government to provide detailed information in this regard and in particular on the activities conducted by the National Committee against Trafficking in Persons. Please also indicate whether the Special Fund against Trafficking in Persons has been created and the manner in which it guarantees the protection of victims and gives them the assistance provided for in the Act. Finally, recalling that, in accordance with Article 25 of the Convention, the exaction of forced labour shall be punished with criminal penalties that are adequately enforced, the Committee requests the Government to provide information on the investigations and the judicial proceedings under way and on convictions that have been pronounced on the basis of the Act of 2014.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the status of the bill on trafficking in persons and on other measures taken to combat trafficking. The Committee notes that the Government’s report has not been received. However, it notes that in April 2014 the Act on Combating Trafficking in Persons was adopted. The Committee notes that the Act criminalizes trafficking in persons for the purpose of exploitation and provides for prison sentences ranging from seven to 15 years (sections 1 and 11 and seq.) – penalties that may be increased in case of aggravating circumstances. The law also contains provisions on prevention; rules regulating the investigation, prosecution, repression and punishment of perpetrators; protection and assistance to victims; promoting national and international cooperation. The Act also provides for the establishment of the National Committee against Trafficking in Persons, which is a sectorial and inter-ministerial body that has among its functions to coordinate all anti-trafficking activities, to prevent and combat trafficking in all its forms, and to guarantee the protection of victims (articles 2–7). A Special Fund against Trafficking in Persons will also be created which will be used to finance activities against trafficking in persons, with particular emphasis on assistance to victims (article 7).

The Committee hopes that the adoption of the Act on Combating Trafficking in Persons will allow for this scourge to be more effectively combated and that the Government will take all the necessary measures to implement all aspects of the Act. The Committee requests the Government to provide detailed information in this regard and in particular on the activities conducted by the National Committee against Trafficking in Persons. Please also indicate whether the Special Fund against Trafficking in Persons has been created and the manner in which it guarantees the protection of victims and gives them the assistance provided for in the Act. Finally, recalling that, in accordance with Article 25 of the Convention, the exaction of forced labour shall be punished with criminal penalties that are adequately enforced, the Committee requests the Government to provide information on the investigations and the judicial proceedings under way and on convictions that have been pronounced on the basis of the Act of 2014.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the status of the bill on trafficking in persons and on other measures taken to combat trafficking. The Committee notes that the Government’s report has not been received. However, it notes that in April 2014 the Act on Combating Trafficking in Persons was adopted. The Committee notes with interest that the Act criminalizes trafficking in persons for the purpose of exploitation and provides for prison sentences ranging from seven to 15 years (sections 1 and 11 and seq.) – penalties that may be increased in case of aggravating circumstances. The law also contains provisions on prevention; rules regulating the investigation, prosecution, repression and punishment of perpetrators; protection and assistance to victims; promoting national and international cooperation. The Act also provides for the establishment of the National Committee against Trafficking in Persons, which is a sectorial and inter-ministerial body that has among its functions to coordinate all anti-trafficking activities, to prevent and combat trafficking in all its forms, and to guarantee the protection of victims (articles 2–7). A Special Fund against Trafficking in Persons will also be created which will be used to finance activities against trafficking in persons, with particular emphasis on assistance to victims (article 7).

The Committee hopes that the adoption of the Act on Combating Trafficking in Persons will allow for this scourge to be more effectively combated and that the Government will take all the necessary measures to implement all aspects of the Act. The Committee requests the Government to provide detailed information in this regard and in particular on the activities conducted by the National Committee against Trafficking in Persons. Please also indicate whether the Special Fund against Trafficking in Persons has been created and the manner in which it guarantees the protection of victims and gives them the assistance provided for in the Act. Finally, recalling that, in accordance with Article 25 of the Convention, the exaction of forced labour shall be punished with criminal penalties that are adequately enforced, the Committee requests the Government to provide information on the investigations and the judicial proceedings under way and on convictions that have been pronounced on the basis of the Act of 2014.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the comments of the International Trade Union Confederation (ITUC), dated 31 August 2011, and the Government’s report.

The Committee also notes the ILO mission which took place in February 2012, during which the tripartite constituents and other institutions in the country explored the possibilities for ILO technical support, in addition to the ILO programmes already active in the country, particularly in relation to constitutional obligations and the implementation of ratified Conventions, in the context of the current reform of the Labour Code.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted the concluding observations of the Committee on the Elimination of Discrimination against Women (CEDAW/C/HTI/CO/7, 10 February 2009, paragraph 27) urging the Government “to intensify its efforts to combat all forms of trafficking in women and girls”. It also noted that the Committee on the Elimination of Discrimination against Women had also asked the Government “to expedite adoption of the draft Bill on all forms of trafficking and to ensure that the new law allows prosecution and punishment of perpetrators, effective protection of victims and adequate redress”.

1. Legislative framework. The Committee notes the ITUC’s comments that the trafficking and smuggling of children, particularly to the Dominican Republic, persists, including cases of sexual abuse of women and young girls who have been trafficked, the theft of their possessions and violence, which may go as far as murder. The Committee also notes the concern expressed by the ITUC relating to the absence of legislation allowing those responsible for trafficking in persons to be brought to justice and urging the Government to establish an appropriate legislative framework in dialogue with the social partners.

The Committee notes the Government’s indication that the Bill on trafficking is currently under examination by the Chamber of Deputies, and that the Inter-Ministerial Committee and the International Organization for Migration (IOM), which have worked on the text, are advocating its adoption.

2. Protection of victims and awareness-raising measures. The Committee notes that the ITUC emphasizes that any new legislation on trafficking should include provisions to protect victims and offering them appropriate remedies. It notes the ITUC’s insistence on raising the awareness of public opinion concerning the phenomenon of trafficking, targeting those who are most vulnerable and providing assistance to victims, including their vocational reintegration (access to training, decent work and school attendance/re-enrolment).

The Committee notes that the Government does not refer in its report to the measures adopted or envisaged for the protection of victims. However, it observes that, with regard to awareness-raising measures taken to combat trafficking, the Government emphasizes the presence in frontier zones with the Dominican Republic of the national police and the United Nations Stabilization Mission in Haiti. It also reports several activities, including awareness-raising campaigns undertaken in partnership with UNICEF and the IOM for the whole of the population, and in particular for inhabitants of frontier areas, as well as a project for the reintegration of children repatriated to Haiti from the Dominican Republic.

In light of the above, the Committee requests the Government to take the necessary measures to ensure the adoption in the very near future of comprehensive legislation to combat trafficking in persons, including adequate sanctions allowing those responsible for trafficking to be prosecuted and punished. The Committee also requests the Government to provide information on the measures adopted with a view to protecting the victims of trafficking and ensuring their social and vocational reintegration. Finally, the Committee requests the Government to provide detailed information on the specific measures taken to combat trafficking in persons, as well as statistics on the number of cases of trafficking examined by the authorities and the number of convictions by courts of law.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. In its previous comments, the Committee has examined the situation of children employed as domestic servants in conditions of forced labour. Considering that Haiti has ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee refers to its comments under this later Convention. Regarding the issue of trafficking in persons, the Committee repeats its previous comments which read as follows:

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted the report by the Research Mission of the General Secretariat of the Organization of American States (OAS) on the situation regarding the trafficking in persons in Haiti, dated September 2006, which emphasized a trend towards the systematic organization of trafficking in persons in Haiti, which can be explained by the deterioration of the socioeconomic and political situation in the country over recent years which precludes an effective response to the basic needs of the population and paves the way for an increase in all forms of human exploitation and unlawful economic activity.

In its latest report, the Government mentions the implementation of a plan which includes increasing the number of police officers at the border with the Dominican Republic with a view to preventing illegal crossings and at the same time reducing the trafficking of children and persons in general. The Government also mentions the drafting of two bills aimed at protecting the victims of trafficking, in particular children. The Government indicates that the National Migration Office assists Haitians who have been turned away at the border in returning to their community with the help of public aid. Finally, the Government indicates that the Ministry of Social Affairs and Labour, together with the Ministry of Foreign Affairs, is currently studying the problem of the exploitation of persons in the Dominican Republic on sugar cane plantations and the reduction of children to begging in that country and intends to hold bilateral talks aimed at solving this problem.

The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (see document CEDAW/C/HTI/CO/7, 10 February 2009, paragraph 27) urging the Government “to intensify its efforts to combat all forms of trafficking in women and girls”. It notes that the UN Committee also asks the Government “to expedite adoption of the draft bill on all forms of trafficking and to ensure that the new law allows prosecution and punishment of perpetrators, effective protection of victims and adequate redress”. Finally, it notes that the UN Committee encourages the Government “to conduct research on the root causes of trafficking and to enhance bilateral and multilateral cooperation with neighbouring countries, in particular the Dominican Republic, to prevent trafficking and bring perpetrators to justice”.

The Committee requests the Government to provide information on the draft laws mentioned in the Government’s report, in particular the draft law on trafficking. Please provide a copy of the texts concerned as soon as they have been adopted. In addition to the legislative measures taken, the Committee requests the Government to continue to provide information on other measures taken to combat the trafficking in persons, in particular: repressive measures (including statistics on the number of cases of trafficking examined by the authorities and the number of sentences imposed by the courts); public awareness raising, with a special emphasis on those most vulnerable; and assistance for victims. Please also provide information concerning the measures taken and results achieved with regard to bilateral and multilateral cooperation with neighbouring countries, in particular the Dominican Republic.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1 (paragraph 1), 2 (paragraph 1), and 25 of the Convention.  Exploitation of children employed as domestic servants known as “restaveks” in conditions of forced labour. For many years, the Committee has been commenting on the situation of hundreds of thousands of child domestic workers (300,000 according to the estimates provided in 2002 by the International Confederation of Free Trade Unions (ICFTU) now the International Trade Union Confederation (ITUC)), who are known in Creole as “restaveks”, who are often exploited in conditions of forced labour within the meaning of the Convention. The Committee’s comments are based on concordant information originating from various sources, which has been confirmed by the Government in its reports. These sources include a report of the Working Group on Contemporary Forms of Slavery of the United Nations High Commissioner for Human Rights, communications received from the ICFTU and the Coordination Syndicale Haïtienne (CSH), as well as the concluding observations of the United Nations Committee on the Rights of the Child concerning Haiti. According to this information, “restaveks” who are from poor families, are placed with families that are generally more affluent to work as domestic servants, in theory in exchange for room and board, and education. In reality, many of these children, some of whom are only 4 or 5 years old, are victims of exploitation, forced to work long hours without remuneration, discriminated against and subjected to all forms of bullying, poorly housed, poorly fed, and often victims of physical, psychological and sexual violence. Very few of them receive any schooling (according to the ICFTU, only 20 per cent of “restaveks” go to school and less than 1 per cent reach secondary school level).

In its previous observation, the Committee noted that the Government reaffirmed its commitment to protect vulnerable children, in particular those working as domestic servants. It also noted the action undertaken by the Government, such as the validation of a national protection plan in October 2006, the implementation of training activities for officials of the Ministry of Social Affairs and Labour and the development of the “Education for All” programme which aims to ensure the school attendance of vulnerable children. Furthermore, the Committee noted the repeal of Chapter IX of Title V of the Labour Code on children in service by the Act on the Prohibition and Elimination of All Forms of Abuse, Violence, Ill-treatment or Inhuman Treatment Against Children of 2003. It noted that this Act prohibits the exploitation of children, including servitude, forced or compulsory labour, forced services, as well as work which by its very nature or because of the conditions in which it is carried out is likely to harm the health, safety or morals of the child. The Committee noted that the repealed provisions include those of section 341 of the Labour Code, which allowed a child from the age of 12 onwards to be entrusted to a family for the purposes of carrying out domestic work. The Act has also repealed the provisions relating to the host family’s obligation to obtain a permit and comply with the conditions required by the Social Welfare and Research Institute (IBESR).

With regard to the provisions of the Act of 2003, the Committee noted that under section 4 of the Act, any report of an abused or ill-treated child shall be addressed to the Ministry of Social Affairs which may refer the matter to the competent judicial authority. Noting that the Act of 2003 did not provide for penalties against persons responsible for the abuse, violence or ill-treatment that it prohibits, the Committee requested the Government to provide detailed information on the measures taken to ensure that penalties are imposed in the case of exploitation of children working in domestic services. It recalled that under Article 25 of the Convention, the penalties imposed for the illegal exaction of forced labour shall be really adequate and strictly enforced.

The Committee notes that in its latest report, the Government indicates that the national protection plan, which the Committee understood had been adopted in 2006, is still awaiting validation by the Council of Ministers. According to the Government, this national protection plan for children in vulnerable situations, once validated, will bind the State and serve as a basis for drawing up a national policy on children.

The Committee also notes the information provided by the Government concerning the reintegration programmes for child “restaveks” established by the IBESR in conjunction with various international and non-governmental organizations. The Committee notes that these programmes favour reintegration into the family environment in order to promote the psychological and social development of the children concerned. The Committee also notes the information concerning the measures taken to ensure that children placed in host families are properly monitored. The Government refers to a university training course designed to enable young graduates to help children who have been victims of abuse. Social workers have also been recruited to intervene directly to assist children placed with host families and establish a system of regular monitoring.

With regard to the steps taken to ensure that penalties are imposed in the event of the exploitation of child domestic workers, the Committee notes that the Government merely indicates that the IBESR is constantly working to admonish all persons accused of abusing children. Furthermore, the Government indicates that crackdowns have been carried out by the Youth Protection Unit with a view to apprehending persons who have been reported for exploiting child domestic workers and subjecting them to ill-treatment. According to the Government’s report, the children concerned have been returned to their families, who have in turn benefited from assistance from the IBESR and from various associations.

The Committee once again reiterates its concern at the exploitative conditions of which children employed as domestic servants within the framework of a relationship of total dependency are victims. Taking into account the conditions in which such work may be carried out, their young age and the fact that it is impossible to leave their work and the family in which they have been placed, the Committee once again draws the Government’s attention to the fact that this work comes under the definition of forced labour given in the Convention. The Committee considers that, in view of the extent and gravity of the situation, the prohibition of the exploitation of children, established by the Act of 2003, should be accompanied by adequate penalties that are strictly enforced. In these circumstances, the Committee urges the Government to take the necessary steps as a matter of urgency so that the prohibition of the exploitation of child domestic workers, which often amounts in reality to forced labour within the meaning of the Convention, is accompanied by adequate penalties, as required by Article 25 of the Convention.

The Committee also requests the Government to continue providing information on the steps taken to combat the exploitation of which many child domestic workers are victims, as well as on the national plan on the protection of children in vulnerable situations, which is awaiting validation by the Council of Ministers. Please provide a copy of the plan as soon as it has been adopted. The Committee also requests the Government to continue providing information concerning the steps taken or envisaged to protect, assist and reintegrate children who have been the victim of exploitation.

Furthermore, given that the Government has not provided information on the following points raised in its last observation, the Committee requests it to provide the following information in its next report:

–           measures taken to assess the extent and characteristics of the phenomenon (indicating the estimated number of child domestic workers placed in host families and their ages);

–           measures taken to ensure that, in practice, host families do not exploit the children entrusted to them (besides visits from social workers and denunciations); and

–           measures taken to ensure that penalties are imposed in the event of the exploitation of child domestic workers. The Committee would like the Government to specify the extent to which the violations observed result in an investigation being carried out and whether the persons suspected of these violations are brought before the competent judicial authority as required under section 4 of the Act of 2003. If applicable, the Committee would like the Government to provide information on the penalties imposed and the provisions of the criminal legislation on which these penalties are based.

Trafficking in persons, including children. In its previous comments, the Committee noted that the Act of 2003 on the Prohibition and Elimination of All Forms of Abuse, Violence, Ill-treatment or Inhuman Treatment Against Children refers, among other examples of ill-treatment, the inhuman treatment or exploitation, sale and trafficking of children and the offering, recruitment, transfer, harbouring, receipt or use of children for the purposes of sexual exploitation, prostitution or pornography. It noted that the United Nations Committee on the Rights of the Child had expressed deep concern at the high incidence of trafficking in children from Haiti to the Dominican Republic. The UN Committee noted that these children, once separated from their families, are forced to beg or work in the Dominican Republic (see document CRC/C/15/Add.202, 18 March 2003, concluding observations, paragraph 60). The Committee requested the Government to provide information on this phenomenon and on the steps taken to combat it. The Committee also noted the report by the Research Mission of the General Secretariat of the Organization of American States (OAS) on the situation regarding the trafficking in persons in Haiti, dated September 2006, which emphasized a trend towards the systematic organization of trafficking in persons in Haiti, which can be explained by the deterioration of the socioeconomic and political situation in the country over recent years which precludes an effective response to the basic needs of the population and paves the way for an increase in all forms of human exploitation and unlawful economic activity.

In its latest report, the Government mentions the implementation of a plan which includes increasing the number of police officers at the border with the Dominican Republic with a view to preventing illegal crossings and at the same time reducing the trafficking of children and persons in general. The Government also mentions the drafting of two bills aimed at protecting the victims of trafficking, in particular children. The Government indicates that the National Migration Office assists Haitians who have been turned away at the border in returning to their community with the help of public aid. Finally, the Government indicates that the Ministry of Social Affairs and Labour, together with the Ministry of Foreign Affairs, is currently studying the problem of the exploitation of persons in the Dominican Republic on sugar cane plantations and the reduction of children to begging in that country and intends to hold bilateral talks aimed at solving this problem.

The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (see document CEDAW/C/HTI/CO/7, 10 February 2009, paragraph 27) urging the Government “to intensify its efforts to combat all forms of trafficking in women and girls”. It notes that the UN Committee also asks the Government “to expedite adoption of the draft bill on all forms of trafficking and to ensure that the new law allows prosecution and punishment of perpetrators, effective protection of victims and adequate redress”. Finally, it notes that the UN Committee encourages the Government “to conduct research on the root causes of trafficking and to enhance bilateral and multilateral cooperation with neighbouring countries, in particular the Dominican Republic, to prevent trafficking and bring perpetrators to justice”.

The Committee requests the Government to provide information on the draft laws mentioned in the Government’s report, in particular the draft law on trafficking. Please provide a copy of the texts concerned as soon as they have been adopted. In addition to the legislative measures taken, the Committee requests the Government to continue to provide information on other measures taken to combat the trafficking in persons, in particular: repressive measures (including statistics on the number of cases of trafficking examined by the authorities and the number of sentences imposed by the courts); public awareness raising, with a special emphasis on those most vulnerable; and assistance for victims. Please also provide information concerning the measures taken and results achieved with regard to bilateral and multilateral cooperation with neighbouring countries, in particular the Dominican Republic. Given that the Government has not provided substantial information on this matter, the Committee once again requests the Government to indicate the measures taken or envisaged to find a solution to the specific problem of child trafficking to the Dominican Republic which involves children being separated from their families and forced to beg or work in the Dominican Republic.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Exploitation of children employed as domestic servants known as “restaveks”. For a number of years now, the Committee has been commenting on the working conditions of children employed as domestic servants, who are known in Creole as “restaveks” from the French “rester avec” or “to stay with”. A report submitted to the Working Group on Contemporary Forms of Slavery of the United Nations High Commission on Human Rights and concordant comments received in 2002 from the International Confederation of Free Trade Unions (ICFTU, now the International Trade Union Confederation, ITUC) and the Coordination Syndicale Haïtienne (CSH) described the practice. This practice involves poor families sending or selling their children to city-dwelling, generally more affluent families, to work as domestic servants in exchange for room and board, and education. In reality, many of these children are victims of exploitation; they are forced to work long hours without remuneration; they are discriminated against in relation to other members of the family; they are poorly housed, poorly fed and are sometimes ill-treated; very few of them receive any schooling (according to the ICFTU, only 20 per cent of “restaveks” go to school and less than 1 per cent reach secondary school level). Moreover, it has been emphasized that although placing children in families to work as domestic servants is only authorized under the Labour Code (section 341) from the age of 12 onwards, many children are placed in families before reaching this age.

The Committee emphasized that domestic work carried out by children is not necessarily forced labour. Nevertheless, the Committee was concerned about the exploitative conditions of which the children employed as domestic servants, within a framework of a relationship of total dependency, are victims. Taking into account the conditions in which such work may be carried out, their young age, and the fact that it is impossible for them to leave their work and the family in which they have been placed, such labour may come under the definition of forced labour provided for in the Convention. The Committee asked the Government to respond to these allegations and urged it to take the necessary action without delay, and also to provide information on the measures taken to ensure the effective implementation of the existing repressive provisions in this area.

The Committee notes that the United Nations Committee on the Rights of the Child, in its concluding observations concerning Haiti, published in March 2003 (CRC/C/15/Add.202), is deeply concerned about the situation of child domestic workers. The UN Committee notes with concern that these children, most of them girls, are forced to work long hours under harsh conditions and without any financial gains, and are subjected to ill treatment and abuse, including sexual abuse. The UN Committee recommends most notably the adoption of a comprehensive strategy.

The Committee notes that the Government, in its last two reports, reaffirms its commitment to protect vulnerable children and notably those working as domestic servants. The Government confirms that, children who are placed in families in big cities in the hope of being well fed and of having the opportunity to go to school, often end up in families living in precarious conditions, and are, on the contrary, ill-treated, beaten and abused. The Government undertook to strengthen the Social Welfare and Research Institution (IBESR) which, over the last few years, has been able to monitor a considerable number of children who were victims of rape and ill treatment while in domestic service. The Government also refers, to certain steps that it has taken, such as:

–           the validation in October 2006 of a National Protection Plan;

–           the implementation in 2007 of a number of training activities for officials of the Ministry of Social Affairs and Labour who are involved in the area of child protection;

–           the repeal of section IX of the Labour Code on “children in service” by the Act on the Prohibition and Elimination of All Forms of Abuse, Violence, Ill Treatment or Inhuman Treatment against Children, of 5 June 2003; and

–           the programme entitled “Education for All”, which targets vulnerable children, particularly those from poor families in rural areas, who, in search of an education, have been sent to work as domestic servants in large cities, so that they can attend schools in those areas.

The Committee notes with interest that the abovementioned Act of 2003 prohibits abuse and violence of any kind against children, as well as child exploitation, including work which, by its very nature or because of the conditions in which it is carried out, is likely to harm the health, safety or morals of the child. The Committee also notes that by repealing section IX of the Labour Code which relates to children in service, the Act has abolished section 341 which allowed a child, from the age of 12 onwards, to be entrusted to a family for the purposes of carrying out domestic work. The Act has also repealed the Labour Code provisions relating to the host family’s obligation to obtain a permit and comply with the conditions required by the IBESR. Henceforth, pursuant to section 3 of the Act, a child may be entrusted to a host family within the context of a relationship of assistance and solidarity. He or she must be treated as a member of the family and enjoy the same privileges and prerogatives as the other children in the family. Any report of an abused or ill-treated child is addressed to the Ministry of Social Affairs which may refer the matter to the competent judicial authority (section 4 of the Act).

The Government also states that it is not able to provide exhaustive data and that it will do its utmost to make up for this lack of information and documentation in its next report.

The Committee notes all this information. It is aware of the economic difficulties facing the country and notes the Government’s reaffirmed willingness to protect vulnerable children, particularly child domestic workers. The Committee hopes that the Government will, as it promised in its last report, be able to provide information on the concrete measures adopted to combat the exploitation of numerous children placed in families and on the National Protection Plan adopted in 2006. In this regard, the Committee would like the Government to communicate detailed information on the following points:

–      measures taken to assess the extent and the characteristics of the phenomenon. The Committee considers that the general term “restavek” covers a number of different situations and believes that the phenomenon of child domestic labour should be more accurately targeted in order to find effective solutions to the problem. The Committee would like the Government to provide information on the number of child domestic workers placed in host families, indicating their age and in particular the percentage of children who have not reached the minimum employment age and yet are employed as domestic workers;

–      measures taken to ensure that regular inspection visits are made to the host family. The Committee would like the Government to specify how, in practice, the authorities ensure that host families do not exploit the children entrusted to them (competent authorities, types of checks carried out, etc.);

–      measures taken to ensure that penalties are imposed in the event of the exploitation of child domestic workers. The Committee would like the Government to specify the extent to which the violations observed result in an investigation being carried out and the extent to which they are brought before the competent jurisdiction: labour courts or criminal courts depending on the gravity of the violation observed. The Committee notes that the abovementioned Act of 2003 does not provide for penalties against persons responsible for the abuse, ill treatment or inhuman treatment that it prohibits. In this regard, the Committee emphasizes that the penalties imposed for exacting forced labour must be of a dissuasive nature. It recalls that, under Article 25 of the Convention, the penalties imposed shall be really adequate and strictly enforced. The Committee would like the Government to indicate whether proceedings have been brought against persons who exploit child domestic workers and, if so, the penalties imposed. Furthermore, the Committee would like the Government to communicate information on the measures taken or envisaged to protect, help and reintegrate child victims of exploitation.

2. Trafficking in persons, including children. The Committee notes that the Act on the Prohibition and Elimination of All Forms of Abuse, Violence, Ill Treatment or Inhuman Treatment against Children of 2003 cites, among other examples of ill treatment, inhuman treatment or exploitation, the sale and trafficking of children and the offering, recruitment, transfer, harbouring, receipt or use of children for the purposes of sexual exploitation, prostitution or pornography.

The Committee notes that, in its abovementioned concluding observations, the UN Committee on the Rights of the Child is deeply concerned at the high incidence of trafficking in children from Haiti to the Dominican Republic. The UN Committee notes that these children, once separated from their families, are forced to beg or work in the Dominican Republic. The Committee asks the Government to provide information on this phenomenon and on the measures taken to combat it.

The Committee has also noted the report by the Research Mission of the General Secretariat of the Organization of American States (OAS) on the situation regarding people trafficking in Haiti (September 2006). This mission concluded that “the analysis of the quantitive and qualitative data shows a trend towards the systematization trafficking in persons in Haiti. This trend can be explained by the deterioration of the socio-economic and political situation in the country over recent years which precludes an effective response to the basic needs of the population and opens the way for an increase in all forms of human exploitation and unlawful economic activity”. The Committee would like the Government to provide information on the measures taken to combat the trafficking in persons to the Dominican Republic and other neighbouring countries, both at the legislative (adoption of a text incriminating trafficking in persons) and judicial (arrest and punishment of the guilty parties) levels and in terms of raising public awareness, in particular that of persons exposed to this risk.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that no report has been received from the Government for the fifth year in succession. It must therefore repeat its previous observation on the following matters:

1. The Committee refers to its previous comments in regard to the employment of children as domestic servants, known as "restavek". It had noted the Government’s commitment to communicate statistics in respect of the activities of the Directorate of the Social Welfare and Research Institution (IBESR), the municipal authorities and the labour courts, and to conduct an exhaustive study into general working conditions.

With respect to the ILO’s International Programme on the Elimination of Child Labour (IPEC) project established in Haiti, in order to assist the Government in combating effectively child labour in general, and the "restavek" system in particular, the Committee had expressed the hope that the Government would send a copy of the national plan of action to fight child domestic work which was to be adopted in the framework of this project, as well as any relevant information on developments noted, results obtained, statistical data established and legislative or regulatory measures taken.

Furthermore, the Committee had expressed the hope that the Government would specify the amount of the fines that can be imposed under the provisions of Chapter IX of the Labour Code, as amended, and that it would provide any indications it deemed useful concerning the issue of whether these amounts constitute, under Article 25 of the Convention, "really adequate" penalties.

In addition, the Committee hoped that the Government would supply detailed information on the practical application of Chapter IX of the Labour Code, including statistics on the number of permits issued by the IBESR and by the municipal administrations with regard to taking children into domestic service, on the visits and inquiries made in households where there are children in service, on breaches to the provisions of Chapter IX noted, on the reports prepared and inquiries addressed to the labour court by the IBESR, as well as the fines imposed and damages awarded in application of these provisions. The previous concerns of the Committee have been further reinforced by the following additional information transmitted to it.

2. The Committee noted the communication from the International Confederation of Free Trade Unions (ICFTU) dated 24 May 2002, and transmitted to the Government on 22 July 2002, in which it submitted comments on the application of the Convention in Haiti. It noted that, according to the ICFTU, child forced domestic labour is a widespread and very serious problem. Domestic labour by "restavek" children is very common in Haiti, and generally constitutes forced labour or slavery. "Restavek" involves the children of poor, primarily rural, families being sent to live with more affluent families and to perform domestic labour in exchange for room and board. In many cases the poor family receives income from the recipient family, effectively selling their children into slavery. Some estimates suggest nearly 300,000 "restavek" children in Haiti. Very few of the "restavek" children receive an education, only 20 per cent attend school at all, and less than one per cent reach secondary school. The Committee noted that the legal minimum age for domestic service is 12 (section 341 of the Labour Code), but, according to the ICFTU, some children start as young as 4 years of age. Eighty-five per cent are girls, and nearly a quarter of female "restavek" are raped by their owners, often resulting in unwanted pregnancies. The Committee noted that section 350 of the Labour Code requires that domestic workers of 15 years of age and older receive a salary at least equivalent to that of a hired domestic worker, but, according to the ICFTU, this serves to have families throw "restavek" out of the house before they reach 15, to be replaced by younger children. The Committee further noted the information contained in the ICFTU’s communication, that there are also reports of the trafficking of Haitians to work on sugar cane plantations in the Dominican Republic, although it is not clear to what extent the existing employment of Haitians in these plantations constitutes trafficking.

3. The Committee also noted the communication from the Coordination Syndicale Haïtienne (CSH) dated 26 August 2002, received at the San José Office, and transmitted to the Government on 18 October 2002. It notes that, according to the CSH, the IBESR as well as the local administration, who are responsible for dealing with the situation of child domestic workers, have failed in their duty. The great majority of these children stay out of the State’s control. Children employed in domestic work are treated like absolute slaves, the majority being illiterate, poorly fed, ill-treated, forced to do works which are too difficult for their age. Poorly dressed, they wake up early and stay up late. Their only way out of their situation is to abandon the house. The Committee notes that the CSH also addresses the problem of human trafficking, which takes place secretly between Haitian and Dominican traffickers in the border zone of Belladère.

The Committee observes that, even though not all work done by children in domestic services amounts to forced labour, it is essential to examine the conditions in which such work is carried out and to measure them against the definition of forced labour, particularly as concerns the validity of consent given to performing such work, the young age of the children involved and the possibility of leaving such employment, in order to determine whether the situation falls within the scope of the Convention.

The Committee urges the Government to take the necessary action without delay and to supply the long-awaited information respecting the measures taken to ensure the effective implementation of the existing repressive provisions in view of putting an end to the situation of the "restavek" children submitted to conditions of forced labour.

The Committee also requests the Government to respond to the observations made by the workers’ organizations.

The Committee hopes that the Government will make every effort to take the necessary action.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that once again no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

1. The Committee refers to its previous comments in regard to the employment of children as domestic servants, known as "restavek". It had noted the Government’s commitment to communicate statistics in respect of the activities of the Directorate of the Social Welfare and Research Institution (IBESR), the municipal authorities and the labour courts, and to conduct an exhaustive study into general working conditions.

With respect to the ILO’s International Programme on the Elimination of Child Labour (IPEC) project established in Haiti, in order to assist the Government in combating effectively child labour in general, and the "restavek" system in particular, the Committee had expressed the hope that the Government would send a copy of the national plan of action to fight child domestic work which was to be adopted in the framework of this project, as well as any relevant information on developments noted, results obtained, statistical data established and legislative or regulatory measures taken.

Furthermore, the Committee had expressed the hope that the Government would specify the amount of the fines that can be imposed under the provisions of Chapter IX of the Labour Code, as amended, and that it would provide any indications it deemed useful concerning the issue of whether these amounts constitute, under Article 25 of the Convention, "really adequate" penalties.

In addition, the Committee hoped that the Government would supply detailed information on the practical application of Chapter IX of the Labour Code, including statistics on the number of permits issued by the IBESR and by the municipal administrations with regard to taking children into domestic service, on the visits and inquiries made in households where there are children in service, on breaches to the provisions of Chapter IX noted, on the reports prepared and inquiries addressed to the labour court by the IBESR, as well as the fines imposed and damages awarded in application of these provisions. The previous concerns of the Committee have been further reinforced by the following additional information transmitted to it.

2. The Committee notes the communication from the International Confederation of Free Trade Unions (ICFTU) dated 24 May 2002, and transmitted to the Government on 22 July 2002, in which it submitted comments on the application of the Convention in Haiti. It notes that, according to the ICFTU, child forced domestic labour is a widespread and very serious problem. Domestic labour by "restavek" children is very common in Haiti, and generally constitutes forced labour or slavery. "Restavek" involves the children of poor, primarily rural, families being sent to live with more affluent families and to perform domestic labour in exchange for room and board. In many cases the poor family receives income from the recipient family, effectively selling their children into slavery. Some estimates suggest nearly 300,000 "restavek" children in Haiti. Very few of the "restavek" children receive an education, only 20 per cent attend school at all, and less than one per cent reach secondary school. The Committee notes that the legal minimum age for domestic service is 12 (section 341 of the Labour Code), but, according to the ICFTU, some children start as young as four years of age. Eighty-five per cent are girls, and nearly a quarter of female "restavek" are raped by their owners, often resulting in unwanted pregnancies. The Committee notes that section 350 of the Labour Code requires that domestic workers of 15 years of age and older receive a salary at least equivalent to that of a hired domestic worker, but, according to the ICFTU, this serves to have families throw "restavek" out of the house before they reach 15, to be replaced by younger children. The Committee further notes the information contained in the ICFTU’s communication, that there are also reports of the trafficking of Haitians to work on sugar cane plantations in the Dominican Republic, although it is not clear to what extent the existing employment of Haitians in these plantations constitutes trafficking.

3. The Committee also notes the communication from the Coordination Syndicale Haïtienne (CSH) dated 26 August 2002, received at the San José Office, and transmitted to the Government on 18 October 2002. It notes that, according to the CSH, the IBESR as well as the local administration, who are responsible for dealing with the situation of child domestic workers, have failed in their duty. The great majority of these children stay out of the State’s control. Children employed in domestic work are treated like absolute slaves, the majority being illiterate, poorly fed, ill-treated, forced to do works which are too difficult for their age. Poorly dressed, they wake up early and stay up late. Their only way out of their situation is to abandon the house. The Committee notes that the CSH also addresses the problem of human trafficking, which takes place secretly between Haitian and Dominican traffickers in the border zone of Belladère.

The Committee observes that, even though not all work done by children in domestic services amounts to forced labour, it is essential to examine the conditions in which such work is carried out and to measure them against the definition of forced labour, particularly as concerns the validity of consent given to performing such work, the young age of the children involved and the possibility of leaving such employment, in order to determine whether the situation falls within the scope of the Convention.

The Committee urges the Government to take the necessary action without delay and to supply the long-awaited information respecting the measures taken to ensure the effective implementation of the existing repressive provisions in view of putting an end to the situation of the "restavek" children submitted to conditions of forced labour.

The Committee also requests the Government to respond to the observations made by the workers’ organizations.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes with regret that once again no report has been received from the Government. It must therefore repeat its previous observation on the following matters.

The Committee refers to its previous comments in regard to the employment of children as domestic servants, known as "restavek". It had noted the Government’s commitment to communicate statistics in respect of the activities of the Directorate of the Social Welfare and Research Institution (IBESR), the municipal authorities and the labour courts, and to conduct an exhaustive study into general working conditions.

With respect to the ILO’s International Programme on the Elimination of Child Labour (IPEC) project established in Haiti, in order to assist the Government in combating effectively child labour in general, and the "restavek" system in particular, the Committee had expressed the hope that the Government would send a copy of the national plan of action to fight child domestic work which was to be adopted in the framework of this project, as well as any relevant information on developments noted, results obtained, statistical data established and legislative or regulatory measures taken.

Furthermore, the Committee had expressed the hope that the Government would specify the amount of the fines that can be imposed under the provisions of Chapter IX of the Labour Code, as amended, and that it would provide any indications it deemed useful concerning the issue of whether these amounts constitute, under Article 25 of the Convention, "really adequate" penalties.

In addition, the Committee hoped that the Government would supply detailed information on the practical application of Chapter IX of the Labour Code, including statistics on the number of permits issued by the IBESR and by the municipal administrations with regard to taking children into domestic service, on the visits and inquiries made in households where there are children in service, on breaches to the provisions of Chapter IX noted, on the reports prepared and inquiries addressed to the labour court by the IBESR, as well as the fines imposed and damages awarded in application of these provisions. The previous concerns of the Committee have been further reinforced by the following additional information transmitted to it.

2. The Committee notes the communication from the International Confederation of Free Trade Unions (ICFTU) dated 24 May 2002, and transmitted to the Government on 22 July 2002, in which it submitted comments on the application of the Convention in Haiti. It notes that, according to the ICFTU, child forced domestic labour is a widespread and very serious problem. Domestic labour by "restavek" children is very common in Haiti, and generally constitutes forced labour or slavery. "Restavek" involves the children of poor, primarily rural, families being sent to live with more affluent families and to perform domestic labour in exchange for room and board. In many cases the poor family receives income from the recipient family, effectively selling their children into slavery. Some estimates suggest nearly 300,000 "restavek" children in Haiti. Very few of the "restavek" children receive an education, only 20 per cent attend school at all, and less than one per cent reach secondary school. The Committee notes that the legal minimum age for domestic service is 12 (section 341 of the Labour Code), but, according to the ICFTU, some children start as young as four years of age. Eighty-five per cent are girls, and nearly a quarter of female "restavek" are raped by their owners, often resulting in unwanted pregnancies. The Committee notes that section 350 of the Labour Code requires that domestic workers of 15 years of age and older receive a salary at least equivalent to that of a hired domestic worker, but, according to the ICFTU, this serves to have families throw "restavek" out of the house before they reach 15, to be replaced by younger children. The Committee further notes the information contained in the ICFTU’s communication, that there are also reports of the trafficking of Haitians to work on sugar cane plantations in the Dominican Republic, although it is not clear to what extent the existing employment of Haitians in these plantations constitutes trafficking.

3. The Committee also notes the communication from the Coordination Syndicale Haïtienne (CSH) dated 26 August 2002, received at the San José Office, and transmitted to the Government on 18 October 2002. It notes that, according to the CSH, the IBESR as well as the local administration, who are responsible for dealing with the situation of child domestic workers, have failed in their duty. The great majority of these children stay out of the State’s control. Children employed in domestic work are treated like absolute slaves, the majority being illiterate, poorly fed, ill-treated, forced to do works which are too difficult for their age. Poorly dressed, they wake up early and stay up late. Their only way out of their situation is to abandon the house. The Committee notes that the CSH also addresses the problem of human trafficking, which takes place secretly between Haitian and Dominican traffickers in the border zone of Belladère.

The Committee observes that, even though not all work done by children in domestic services amounts to forced labour, it is essential to examine the conditions in which such work is carried out and to measure them against the definition of forced labour, particularly as concerns the validity of consent given to performing such work, the young age of the children involved and the possibility of leaving such employment, in order to determine whether the situation falls within the scope of the Convention.

The Committee urges the Government to take the necessary action without delay and to supply the long-awaited information respecting the measures taken to ensure the effective implementation of the existing repressive provisions in view of putting an end to the situation of the "restavek" children submitted to conditions of forced labour.

The Committee also requests the Government to respond to the observations made by the workers’ organizations.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that no report has been received from the Government. 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 following matters raised in its previous direct request:

The Committee refers to its general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999) and requests the Government to include in its next report information as to the present position in law and practice as regards the following points:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)   for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)  how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

The Committee refers to its previous comments in regard to the employment of children as domestic servants, known as "restavek". It recalls that under section IX of the Labour Code (L.S. 1984-Haiti 1) on children employed in service, the Directorate of the Social Welfare and Research Institution (IBESR), which is represented in every regional office of the Ministry of Social Affairs, plays a key role by: issuing the permit needed for any person to take a child into his service; drawing up a report on any act of violence committed on the person of the child; arranging for visits to households in which there are children in service in order to inquire about their living conditions; requiring the labour court to impose the fines provided for any breach of the provisions set out in the section; and regulating in detail the obligations of employers of children in service and the rights of the children as well as the protection which must be accorded to them. In towns where there is no regional office of the Ministry of Social Affairs, the municipal administration supervises execution of the provisions of this chapter on children in service and issues the authorizations and certificates required.

In its previous observation, the Committee noted the Government’s commitment to communicate statistics in respect of the activities of the IBESR, the municipal authorities and the labour courts, and to conduct an exhaustive study into general working conditions. The Committee notes that the Government’s report contains no information on these points and takes due note of the Government’s wish to obtain the support, aid and cooperation of the ILO.

On this matter, the Committee notes with interest that a project of the ILO’s International Programme on the Elimination of Child Labour (IPEC) has just been established in Haiti in order to assist the Government in combating effectively child labour in general, and the "restavek" system in particular. The Committee hopes that the Government will send a copy of the national plan of action to fight child domestic work which will be adopted in the framework of this project, as well as any relevant information on developments noted, results obtained, statistical data established and legislative or regulatory measures taken.

Furthermore, the Committee hopes that the Government will specify the amount of the fines that can be imposed under the provisions of section IX of the Labour Code, as amended, and that it will provide any indications it deems useful concerning the issue of whether these amounts constitute, under Article 25 of the Convention, "really adequate" penalties.

Finally, the Committee trusts that the Government will supply detailed information on the practical application of Chapter IX of the Labour Code, including statistics on the number of permits issued by the IBESR and by the municipal administrations in regard to taking children into domestic service, on the visits and inquiries made in households where there are children in service, on breaches to the provisions of section IX noted, on the reports prepared and inquiries addressed to the labour court by the IBESR, as well as the fines imposed and damages awarded in application of these provisions.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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 following matters raised in its previous direct request.

The Committee refers to its general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999) and requests the Government to include in its next report information as to the present position in law and practice as regards the following points:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)   for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)  how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

The Committee refers to its previous comments in regard to the employment of children as domestic servants, known as "restavek". It recalls that under section IX of the Labour Code (L.S. 1984-Haiti 1) on children employed in service, the Directorate of the Social Welfare and Research Institution (IBESR), which is represented in every regional office of the Ministry of Social Affairs, plays a key role by: issuing the permit needed for any person to take a child into his service; drawing up a report on any act of violence committed on the person of the child; arranging for visits to households in which there are children in service in order to inquire about their living conditions; requiring the labour court to impose the fines provided for any breach of the provisions set out in the section; and regulating in detail the obligations of employers of children in service and the rights of the children as well as the protection which must be accorded to them. In towns where there is no regional office of the Ministry of Social Affairs, the municipal administration supervises execution of the provisions of this chapter on children in service and issues the authorizations and certificates required.

In its previous observation, the Committee noted the Government’s commitment to communicate statistics in respect of the activities of the IBESR, the municipal authorities and the labour courts, and to conduct an exhaustive study into general working conditions. The Committee notes that the Government’s report contains no information on these points and takes due note of the Government’s wish to obtain the support, aid and cooperation of the ILO.

On this matter, the Committee notes with interest that a project of the ILO’s International Programme for the Elimination of Child Labour (IPEC) has just been established in Haiti in order to assist the Government in combating effectively child labour in general, and the "restavek" system in particular. The Committee hopes that the Government will send a copy of the national plan of action to fight child domestic work which will be adopted in the framework of this project, as well as any relevant information on developments noted, results obtained, statistical data established and legislative or regulatory measures taken.

Furthermore, the Committee hopes that the Government will specify the amount of the fines that can be imposed under the provisions of section IX of the Labour Code, as amended, and that it will provide any indications it deems useful concerning the issue of whether these amounts constitute, under Article 25 of the Convention, "really adequate" penalties.

Finally, the Committee trusts that the Government will supply detailed information on the practical application of Chapter IX of the Labour Code, including statistics on the number of permits issued by the IBESR and by the municipal administrations in regard to taking children into domestic service, on the visits and inquiries made in households where there are children in service, on breaches to the provisions of section IX noted, on the reports prepared and inquiries addressed to the labour court by the IBESR, as well as the fines imposed and damages awarded in application of these provisions.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee refers to its general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999) and requests the Government to include in its next report information as to the present position in law and practice as regards the following points:

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoners' work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

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

The Committee notes the Government's report.

The Committee refers to its previous comments in regard to the employment of children as domestic servants, known as "restavek". It recalls that under section IX of the Labour Code (L.S. 1984-Haiti 1) on children employed in service, the Directorate of the Social Welfare and Research Institution (IBESR), which is represented in every regional office of the Ministry of Social Affairs, plays a key role by: issuing the permit needed for any person to take a child into his service; drawing up a report on any act of violence committed on the person of the child; arranging for visits to households in which there are children in service in order to inquire about their living conditions; requiring the labour court to impose the fines provided for any breach of the provisions set out in the section; and regulating in detail the obligations of employers of children in service and the rights of the children as well as the protection which must be accorded to them. In towns where there is no regional office of the Ministry of Social Affairs, the municipal administration supervises execution of the provisions of this chapter on children in service and issues the authorizations and certificates required.

In its previous observation, the Committee noted the Government's commitment to communicate statistics in respect of the activities of the IBESR, the municipal authorities and the labour courts, and to conduct an exhaustive study into general working conditions. The Committee notes that the Government's report contains no information on these points and takes due note of the Government's wish to obtain the support, aid and cooperation of the ILO.

On this matter, the Committee notes with interest that a project of the ILO's International Programme for the Elimination of Child Labour (IPEC) has just been established in Haiti in order to assist the Government in combating effectively child labour in general, and the "restavek" system in particular. The Committee hopes that the Government will send a copy of the national plan of action to fight child domestic work which will be adopted in the framework of this project, as well as any relevant information on developments noted, results obtained, statistical data established and legislative or regulatory measures taken.

Furthermore, the Committee hopes that the Government will specify the amount of the fines that can be imposed under the provisions of section IX of the Labour Code, as amended, and that it will provide any indications it deems useful concerning the issue of whether these amounts constitute, under Article 25 of the Convention, "really adequate" penalties.

Finally, the Committee trusts that the Government will supply detailed information on the practical application of Chapter IX of the Labour Code, including statistics on the number of permits issued by the IBESR and by the municipal administrations in regard to taking children into domestic service, on the visits and inquiries made in households where there are children in service, on breaches to the provisions of section IX noted, on the reports prepared and inquiries addressed to the labour court by the IBESR, as well as the fines imposed and damages awarded in application of these provisions.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. The Committee refers to its previous observation and notes the indications given by the Government to the effect that it has drawn the attention of the Social Welfare and Research Institute (IBESR) to the need to work towards the suppression in practice of domestic and forced or compulsory labour imposed on children below the statutory employment age (known as "restavek"). The Committee notes the Government's renewed commitment to communicate statistics in respect of the activities of the IBESR, the municipal authorities and the labour courts, and to conduct an exhaustive study into general working conditions. The Committee trusts that the Government will make every effort to provide this information in its next report. The Committee reminds the Government that it may request the technical assistance of the ILO to overcome any difficulties it may experience in the application of the Convention in this respect.

Article 25. The Committee would be grateful if the Government would provide information on any court proceedings instituted or sentences enforced in respect of the illegal exaction of forced or compulsory labour.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that no report has been received from the Government. It must, therefore, repeat its previous observation on the following point:

In its previous observation the Committee referred to the report on children's rights in Haiti, prepared by the Minnesota Lawyers International Human Rights Committee in February 1989 and submitted to the Working Group on Contemporary Forms of Slavery of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities in August 1989 by an observer of the International Human Rights Internship Programme. The report refers to the use of children as servants, known in Creole as "restavek" from the French "rester avec" or "to stay with". Many poor families are alleged to be selling their children to urban families to work as domestics in conditions which are not unlike servitude. The children were forced to work long hours, with little chance for bettering their conditions; many children were reported to have been physically or sexually abused. Some of the girls who were "sold" as domestics at a young age did not know their family name or where their family lived and, thus, were unable to return to their homes. Many of the children presently living in the streets of Port-of-Prince had fled restavek situations, preferring a life without shelter or food to a life of servitude and abuse. The practice of restavek was openly compared to slavery in Haiti. In presenting the report, the observer also alleged that while there were exceptions, the restavek children were very rarely treated like adoptive members of the restavek family. Usually there was a clear distinction between a restavek family's natural children and the restavek child, with the restavek children taking orders from the other children. Restavek children were not fed the same food as the restavek family, worked long hours for no pay both inside and outside the home and often were not housed in the main dwelling, but in a separate shed or shade. Few were sent to school or otherwise educated. If a runaway was found by the restavek family, the child could be forced to return. The Committee had noted these allegations. It also had taken note of sections 341 to 355 of the Labour Code of Haiti which contain detailed provisions for the protection of children employed as domestic servants and prohibit such employment of chidren below the age of 12. The Committee had asked the Government to supply information on all measures taken to ensure the observance of the provisions of sections 341 to 355 of the Labour Code, including data on the action of the Social Welfare and Research Institute (IBESR), municipal authorities and the labour courts. The Committee notes that in its report for 1992 the Government indicates that it is not, at present, in a position to supply to the ILO the information requested and that it undertakes to perform a full inquiry into conditions of work in general. The Committee hopes that the Government will soon provide the information requested.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that no report has been received from the Government. It must, therefore, repeat its previous observation on the following point:

In its previous observation the Committee referred to the report on children's rights in Haiti, prepared by the Minnesota Lawyers International Human Rights Committee in February 1989 and submitted to the Working Group on Contemporary Forms of Slavery of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities in August 1989 by an observer of the International Human Rights Internship Programme. The report refers to the use of children as servants, known in Creole as "restavek" from the French "rester avec" or "to stay with". Many poor families are alleged to be selling their children to urban families to work as domestics in conditions which are not unlike servitude. The children were forced to work long hours, with little chance for bettering their conditions; many children were reported to have been physically or sexually abused. Some of the girls who were "sold" as domestics at a young age did not know their family name or where their family lived and, thus, were unable to return to their homes. Many of the children presently living in the streets of Port-of-Prince had fled restavek situations, preferring a life without shelter or food to a life of servitude and abuse. The practice of restavek was openly compared to slavery in Haiti. In presenting the report, the observer also alleged that while there were exceptions, the restavek children were very rarely treated like adoptive members of the restavek family. Usually there was a clear distinction between a restavek family's natural children and the restavek child, with the restavek children taking orders from the other children. Restavek children were not fed the same food as the rest of the family, worked long hours for no pay both inside and outside the home and often were not housed in the main dwelling, but in a separate shed or shade. Few were sent to school or otherwise educated. If a runaway was found by the restavek family, the child could be forced to return. The Committee had noted these allegations. It also had taken note of sections 341 to 355 of the Labour Code of Haiti which contain detailed provisions for the protection of children employed as domestic servants and prohibit such employment of chidren below the age of 12. The Committee had asked the Government to supply information on all measures taken to ensure the observance of the provisions of sections 341 to 355 of the Labour Code, including data on the action of the Social Welfare and Research Institute (IBESR), municipal authorities and the labour courts. The Committee notes that in its report for 1992 the Government indicated that it was not, at present, in a position to supply to the ILO the information requested and that it undertook to perform a full inquiry into conditions of work in general. The Committee hopes that the Government will soon provide the information requested.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In its previous observation the Committee referred to the report on children's rights in Haiti, prepared by the Minnesota Lawyers International Human Rights Committee in February 1989 and submitted to the Working Group on Contemporary Forms of Slavery of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities in August 1989 by an observer of the International Human Rights Internship Programme. The report refers to the use of children as servants, known in Creole as "restavek" from the French "rester avec" or "to stay with". Many poor families are alleged to be selling their children to urban families to work as domestics in conditions which are not unlike servitude. The children were forced to work long hours, with little chance for bettering their conditions; many children were reported to have been physically or sexually abused. Some of the girls who were "sold" as domestics at a young age did not know their family name or where their family lived and, thus, were unable to return to their homes. Many of the children presently living in the streets of Port-of-Prince had fled restavek situations, preferring a life without shelter or food to a life of servitude and abuse. The practice of restavek was openly compared to slavery in Haiti. In presenting the report, the observer also alleged that while there were exceptions, the restavek children were very rarely treated like adoptive members of the restavek family. Usually there was a clear distinction between a restavek family's natural children and the restavek child, with the restavek children taking orders from the other children. Restavek children were not fed the same food as the restavek family, worked long hours for no pay both inside and outside the home and often were not housed in the main dwelling, but in a separate shed or shade. Few were sent to school or otherwise educated. If a runaway was found by the restavek family, the child could be forced to return. The Committee had noted these allegations. It also had taken note of sections 341 to 355 of the Labour Code of Haiti which contain detailed provisions for the protection of children employed as domestic servants and prohibit such employment of chidren below the age of 12. The Committee had asked the Government to supply information on all measures taken to ensure the observance of the provisions of sections 341 to 355 of the Labour Code, including data on the action of the Social Welfare and Research Institute (IBESR), municipal authorities and the labour courts. The Committee notes that in its report the Government (recognized as legitimate under resolution 46/7 adopted by the UN General Assembly) indicates that it is not, at present, in a position to supply to the ILO the information requested and that it undertakes to perform a full inquiry into conditions of work in general. The Committee hopes that the Government will soon be in a position to supply the information requested.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

In its previous observation the Committee referred to the report on children's rights in Haiti, prepared by the Minnesota Lawyers International Human Rights Committee in February 1989 and submitted to the Working Group on Contemporary Forms of Slavery of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities in August 1989 by an observer of the International Human Rights Internship Programme. The report refers to the use of children as servants, known in Creole as "restavek" from the French "rester avec" or "to stay with". Many poor families are alleged to be selling their children to urban families to work as domestics in conditions which are not unlike servitude. The children were forced to work long hours, with little chance for bettering their conditions; many children were reported to have been physically or sexually abused. Some of the girls who were "sold" as domestics at a young age did not know their family name or where their family lived and, thus, were unable to return to their homes. Many of the children presently living in the streets of Port-of-Prince had fled restavek situations, preferring a life without shelter or food to a life of servitude and abuse. The practice of restavek was openly compared to slavery in Haiti.

In presenting the report, the observer also alleged that while there were exceptions, the restavek children were very rarely treated like adoptive members of the restavek family. Usually there was a clear distinction between a restavek family's natural children and the restavek child, with the restavek children taking orders from the other children. Restavek children were not fed the same food as the restavek family, worked long hours for no pay both inside and outside the home and often were not housed in the main dwelling, but in a separate shed or shade. Few were sent to school or otherwise educated. If a runaway was found by the restavek family, the child could be forced to return.

The Committee had noted these allegations. It also had taken note of sections 341 to 355 of the Labour Code of Haiti which contain detailed provisions for the protection of children employed as domestic servants and prohibit such employment of chidren below the age of 12.

The Committee had asked the Government to supply information on all measures taken to ensure the observance of the provisions of sections 341 to 355 of the Labour Code, including data on the action of the Social Welfare and Research Institute (IBESR), municipal authorities and the labour courts.

The Committee notes that in its report the Government (recognized as legitimate under resolution 46/7 adopted by the UN General Assembly) indicates that it is not, at present, in a position to supply to the ILO the information requested and that it undertakes to perform a full inquiry into conditions of work in general.

The Committee hopes that the Government will soon be in a position to supply the information requested.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee has noted the Government's report on the application of the Convention. The Committee also has taken note of a report on Children's Rights in Haiti, prepared by the Minnesota Lawyers International Human Rights Committee in February 1989 and submitted to the Working Group on Contemporary Forms of Slavery of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities in August 1989 by an observer of the International Human Rights Internship Programme. The report refers to the use of children as servants, known in Creole as "restavek" from the French "rester avec" or "to stay with". Many poor families are alleged to be selling their children to urban families to work as domestics in conditions which are not unlike servitude. The children were forced to work long hours, with little chance for bettering their conditions; many children were reported to have been physically or sexually abused. Some of the girls who were "sold" as domestics at a young age did not know their family name or where their families lived and, thus, were unable to return to their homes. Many of the children presently living in the streets of Port-of-Prince had fled restavek situations, preferring a life without shelter or food to a life of servitude and abuse. The practice of restavek was openly compared to slavery in Haiti.

In presenting the report, the observer also alleged that while there were exceptions, the restavek children were very rarely treated like adoptive members of the restavek family. Usually there was a clear distinction between a restavek family's natural children and the restavek child, with the restavek children taking orders from the other children. Restavek children were not fed the same food as the restavek family, worked long hours for no pay both inside and outside the home and often were not housed in the main dwelling, but in a separate shed or shade. Few were sent to school or otherwise educated. If a runaway was found by the restavek family, the child could be forced to return.

The Committee has noted these allegations. It also has taken note of sections 341 to 355 of the Labour Code of Haiti which contain detailed provisions for the protection of children employed as domestic servants and prohibit such employment of children below the age of 12.

The Committee hopes that the Government will supply information in answer to the allegations referred to above; in particular, the Government is requested to supply full particulars on all measures taken to ensure the observance of the provisions of sections 341 to 355 of the Labour Code, including data on the action of the Social Welfare and Research Institute (IBESR), municipal authorities and the Labour Courts. [The Government is asked to supply full particulars to the Conference at its 77th Session.]