Observation (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Haïti (Ratification: 2007)

While noting the difficult situation prevailing in the country, the Committee notes with deep concern that the Government’s report, due since 2011, 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.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee previously noted the adoption of the Law No. CL/2014-0010 of 2 June 2014 on the fight against trafficking in persons, which provides for sanctions of life imprisonment for trafficking of children. The Committee also noted the observations of the Confederation of Public and Private Sector Workers (CTSP) received on 30 August 2017 and 29 August 2018 referring to the weakness of the law enforcement bodies in combating trafficking in children.

The Committee notes that in its more recent observations of 4 September 2019, the CTSP indicates that in, 2016, several people suspected of trafficking in children were arrested in a hotel with at least thirty children, but that all the suspected traffickers were quickly released. It also notes that, in its 2016 concluding observations for Haiti, the United Nations Committee on the Elimination of Discrimination against Women expressed concern about cases of trafficking of girls, especially at the border with the Dominican Republic, which are reportedly often not investigated by the police (CEDAW/C/HTI/CO/8-9, paragraph 23). The Committee further notes from the 2016 Government’s report to the United Nations Human Rights Council the establishment in 2015 of a National Committee to Combat Trafficking in Persons (CNLTP) with the aim of improving the implementation of the Law No. CL/2014-0010 (A/HRC/WG.6/HTI/1, paragraph 82). In his statement on the occasion of the 2018 IOM’S International Dialogue on Migration, the President of the CNLTP indicated that a National Plan against Trafficking in Persons has been finalized and subject to approval by the Ministry of Labour and Social Affairs. While noting the measures taken by the Government to improve the implementation of its anti-trafficking legislation, the Committee urges the Government to intensify its efforts to ensure that thorough investigations of cases of trafficking of children, particularly at the border between Haiti and the Dominican Republic, are conducted and that prosecutions of their perpetrators are carried out. In this regard, the Committee requests the Government to provide information on the number of investigations, prosecutions, convictions and sanctions imposed under the Law No. CL/2014-0010 against perpetrators of child trafficking. Finally, the Committee requests the Government to provide information on the activities carried out by the National Committee to Combat Trafficking in Persons, including information on any difficulty encountered in the discharge of its mandate.

Clauses (a) and (d). Forced or compulsory labour and hazardous work. Child domestic workers (restavèk children). In its previous comments, the Committee noted the situation of a large number of children, including five- and four-year-old children, carrying out domestic work (so-called restavèk in creole) under exploitative conditions similar to slavery and in hazardous conditions. The Committee noted that approximately the number of children working as restavèk represented about one in ten children in Haiti. The Committee also took note of the 2003 Act for the prohibition and elimination of all forms of abuse, violence, ill-treatment or inhumane treatment of children (Act of 2003), which prohibits the exploitation of children, including servitude, forced or compulsory labour and forced services. The Committee noted, however, that the Act of 2003 does not provide for penal sanctions for this practice. The Committee also observed that section 3 of the Act of 2003, according to which children can be entrusted to a host family in the context of a relationship of assistance and solidarity, allows the continuation of the practice of restavèk and therefore urged the Government to revise it.

The Committee notes that, according to the 2017 Report of the United Nations Independent Expert on the Situation of Human Rights in Haiti, the exploitation of children as domestic workers persists (A/HRC/34/73, paragraph 69). Likewise, the United Nations Committee on the Rights of the Child (CRC), in its 2016 concluding observations expressed concern at the fact that the number of child domestic workers remains high, noting that these children are subjected to physical, emotional and sexual abuse by their host family and are frequently malnourished and stunted. The CRC also expressed concern at the prevalence of the practice of restavèk among children from poor families, where parents cannot feed their children and often see sending their child away as domestic workers as their only choice (CRC/C/HTI/CO/2-3, paragraph 62). The Committee deplores the exploitation of children under 18 years of age in domestic work performed under conditions similar to slavery and in hazardous conditions. Therefore, the Committee firmly urges the Government to take immediate and effective action to ensure that, in law and practice, children under 18 years of age are not engaged as domestic workers under conditions similar to slavery or in hazardous conditions. In this respect, it urges the Government to take the necessary measures to amend the provisions of the national legislation, and particularly section 3 of the Act of 2003, which allow the continuation of the practice of restavèk. The Committee also requests the Government to take the necessary measures to ensure, as a matter of urgency, that thorough investigations and prosecutions are conducted of persons subjecting children under 18 years of age to forced domestic work or to hazardous domestic labour, and that sufficiently effective and dissuasive penalties are imposed in practice. Lastly, the Committee requests the Government to provide information on the results achieved in this regard.

Articles 3(c) and 7(2)(a). Use, procuring or offering of a child for illicit activities. Preventing the engagement of children in the worst forms of child labour. The Committee previously noted that section 2(3) of the Act of 2003 prohibits the offering, procuring, transfer or use of children for illicit activities. It also noted that well organized and well-armed criminal groups were using children for, inter alia, transporting weapons and carrying out arson attacks, or destroying public or private property. The Committee notes that pursuant to section 469 of the Penal Code, adopted in 2020, inducing a minor to commit a crime is a penal offence punishable with up to five years of imprisonment. The Committee also notes that under section 467 of the Penal Code, a person who engages a minor in the transportation or sale of drugs is liable to five to seven years of imprisonment. According to article 16.2 of the Constitution of Haiti, persons under 18 years of age are considered minors. The Committee notes from the 2021 UNICEF Humanitarian Situation Report No. 1 on Haiti that criminal gangs are increasingly gaining control over the territory of the metropolitan area of Port-au-Prince, and that due to the widespread and normalization of violence, lack of employment opportunities and access to basic social services, children and youth are joining these gangs. While observing that legislative provisions have been adopted to punish the use of children for illicit activities, the Committee notes with deep concern that children under 18 are increasingly exploited by criminal gangs to commit various types of illicit activities. Therefore, the Committee urges the Government to take effective and time-bound measures to ensure that children are not used by criminal groups to commit illicit activities. In this regard, it strongly urges the Government to ensure that thorough investigations and prosecutions are carried out against the perpetrators of such acts and that sufficiently effective and dissuasive penalties are imposed in practice. The Committee also requests the Government to provide information on the application in practice of sections 467 and 469 of the Penal Code, including on the number of investigations, prosecutions, convictions and penal sanctions applied in this regard.

Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Restavèk children. The Committee previously noted the observations of the CTSP concerning the the absence of rehabilitation and reintegration measures for restavèk children (child domestic workers). It noted that the Social Welfare and Research Institute (IBESR) was responsible for placing restavèk children in families for the purposes of their physical and psychological rehabilitation. The Committee also noted the Government’s indication that only few cases had been reported to the IBESR. The Committee notes that in its 2019 observations, the CTSP states that the practice of restavèk continues to perpetuate in the country and that no measures have been taken by the Government for the reintegration of restavèk children. The Committee further notes that in its 2016 concluding observations for Haiti, the CRC expressed concern at the situation of many children in domestic service who escape this condition but start living in the streets and are forced into prostitution, begging and street crime (CRC/C/HTI/CO/2-3, paragraph 62). The Committee urges the Government to take all the necessary measures to ensure the physical and psychological rehabilitation and social integration of restavèk children. In this regard, the Committee requests the Government to provide information on the programmes undertaken by the IBESR to reintegrate restavèk children and the number of children who have been rehabilitated.

Clause (c). Access to free and basic education. The Committee previously noted that pursuant to section 32(3) of the Constitution of Haiti, primary education is compulsory and educational materials should be provided free of charge by the State. The Committee also noted that despite the Government’s efforts, the education services remained inadequate, inefficient and low quality. The Committee notes with concern that, the United Nations Independent Expert on the Situation of Human Rights in Haiti highlighted in his 2017 Report that the number of children not attending school and the number of school-age children who do not finish their secondary education are very high (A/HRC/34/73, paragraph 37). Moreover, according to UNESCO, some 10 per cent of Haitian students drop out before Grade 6 of basic education and 40 per cent before the end of Grade 9 (the last grade). In addition, the Committee notes that private schools account for 85 per cent of schooling in the basic education cycle, and even more at the secondary level (UNESCO, press release, 26 October 2020). In this respect, the Committee recalls that free basic education contributes to improving enrolment and attendance rates as tuition fees and other costs are viewed as a barrier for many children to receive basic education (General Survey on the fundamental Conventions, 2012, paragraph 571). Considering that access to free basic education is key in preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to facilitate access to free basic education to all children. The Committee requests the Government to provide information on the progress made in this regard.

The Committee is raising other points in a request addressed directly to the Government.