Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Haiti (Ratification: 1955)

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

While recognizing the difficult situation experienced by the country, the Committee notes with deep concern that the Government’s report, which has been due since 2013, has not been received. In light of the urgent appeal made to the Government in 2019, the Committee is proceeding with the examination of the application of the Convention on the basis of the information at its disposal.

Article 4 of the Convention. Mutual assistance among States which have ratified the Convention. In its previous comments, the Committee noted that many Haitian workers present in the Dominican Republic do not have social security coverage, including with regard to employment accidents. The Committee therefore invited the Government of Haiti, together with the Government of the Dominican Republic, to including labour migration and the access of migrant workers to social security as priority themes of dialogue between the two countries.

The Committee notes, from the information contained in the National Social Protection and Promotion Policy (PNPPS), that men and women migrant workers who commute over the border between Haiti and the Dominican Republic are in a situation of social vulnerability. The PNPPS also refers to the discriminatory treatment suffered by these workers, partly as a result of the absence of identification as transborder residents and migrant workers commuting across the border, and places emphasis on the reinforcement of the labour inspection services as a priority action to resolve the situation. The Committee recalls that, by ratifying the Convention, Haiti and the Dominican Republic undertook, under the terms of Article 4, to afford each other mutual assistance with a view to facilitating the application of the Convention and the execution of their respective laws and regulations on workers’ compensation. It therefore invites the Government to implement this provision in practice with a view to ensuring the access of transborder commuting workers to the protection envisaged by the Convention. The Committee requests the Government to inform it of any progress achieved in this regard.

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

Article 4 of the Convention. Mutual assistance among States which have ratified the Convention. The Committee notes that many Haitian workers present in the Dominican Republic have no social security coverage, including with regard to industrial accidents. The Committee notes that a representation under article 24 of the ILO Constitution concerning the application of Convention No. 19 by the Dominican Republic was submitted by a Dominican trade union organization. This representation was declared receivable by the ILO Governing Body at its 310th Session (March 2011) and is currently being examined by a tripartite committee. Recalling that, under Article 4 of the Convention, States which ratify the Convention undertake to afford each other mutual assistance with a view to facilitating its application, the Committee invites the Government of Haiti, jointly with the Government of the Dominican Republic, to include labour migration and migrant workers’ access to social security as priority themes of dialogue between the two countries. Noting the existence of the cooperation project on gender-aware labour migration policies in the Nicaragua–Costa Rica–Panama and Haiti–Dominican Republic corridors (Políticas de migración laboral sensibles al Género en los corredores Nicaragua–CostaRica–Panamá y Haití–República Dominicana), the Committee reminds the Government that it may avail itself of technical assistance from the Office.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that, with a view to strengthening the capacities of the social security bodies, in particular those of the Occupational Accidents, Sickness and Maternity Insurance Office (OFATMA), the Ministry of Social Affairs has organized a discussion forum gathering together the directors of the social security bodies. The deliberations of this forum have highlighted the weaknesses of the social security institutions and identified different ways to enable them to fulfil their mission properly. Although administrative difficulties are currently preventing it from fully implementing the Convention, the Government intends to launch an awareness-raising and information campaign led by the Ministry of Social Affairs and Labour in the near future. The Committee welcomes the Government’s efforts and invites it to keep it informed of any difficulties encountered in practice with regard to implementing equality of treatment in the event of occupational accidents involving the nationals of other States which have ratified the Convention, as well as their beneficiaries.