Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its observations made under the Forced Labour Convention, 1930 (No. 29), the Committee noted that the Act of 2003 concerning the prohibition and elimination of all forms of abuse, violence, ill-treatment or inhuman treatment against children [Act of 2003] cited, among the situations involving ill-treatment, inhuman treatment or exploitation, the sale and trafficking of children and also the offering, procuring, transfer, accommodation, reception or use of children for sexual exploitation, prostitution or pornography. It also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 18 March 2003, expressed deep concern at the number of cases of trafficking of children from Haiti to the Dominican Republic (CRC/C/15/Add.202, paragraph 60). The Committee also noted the September 2006 report on the fact-finding mission of the General Secretariat of the Organization of American States (OAS) relating to the trafficking of persons in Haiti, this trend stemming from the deterioration of the socio-economic and political situation in recent years, which has prevented an effective response to the primary needs of the population and paved the way for an increase in all forms of human exploitation and illicit economic activities.

The Committee noted that, even though section 2(1) of the Act of 2003 prohibits abuse and violence with regard to children and also such exploitation as the sale and trafficking of children, this law does not establish penalties for violations of its provisions. However, it noted with interest the Government’s information concerning the preparation and adoption of preliminary draft legislation concerning the trafficking of persons. It observes that, under this bill, the procuring, enlistment, transfer, transportation, accommodation or reception of a child for the purposes of exploitation are considered as trafficking and constitute a violation of the law. Under section 5, the term “child” means any person under 18 years of age. Moreover, section 13 of the bill states that the trafficking of children constitutes an aggravating circumstance liable to incur the maximum penalty established by the Act (section 14), namely nine years’ imprisonment. However, the Committee observed that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 10 February 2009, expressed concern at the fact that, despite the alarmingly high number of women victims of trafficking in Haiti, specific legislation criminalizing trafficking is still in draft form and has not yet been submitted to Parliament (CEDAW/C/HTI/CO/7, paragraph 26). The CEDAW also observed that this situation may result in insufficient investigations into cases of trafficking in women and girls and, consequently, lead to impunity for perpetrators.

The Committee also noted that, according to the report of the United Nations Special Rapporteur on contemporary forms of slavery, its causes and consequences (A/HRC/12/21/Add.1, paragraph 19, 4 September 2009) [report of the Special Rapporteur], a new trend has been observed in recent years with regard to the employment of children as domestic workers (designated by the Creole term restavek), namely the emergence of persons who recruit children from rural areas to work as domestic servants in urban families and outside the home in markets. The Special Rapporteur noted that this new trend has caused many stakeholders to describe the phenomenon as trafficking since parents are now handing their children over to strangers, whereas previously they entrusted the children to relatives. Moreover, the Committee observes that, according to a UNICEF press release of 15 October 2010, the number of child victims of trafficking has increased since the earthquake of January 2010, traffickers having taken advantage of the resulting chaos to prey on children who were lost or separated from their parents. The Committee therefore expresses the hope that the bill on the trafficking of children will be adopted as a matter of urgency and requests the Government to send information on all new developments in this respect. It also requests the Government to take immediate and effective steps to ensure thorough investigations and robust prosecutions of the perpetrators of the sale and trafficking of children under 18 years of age are carried out.

Clauses (a) and (d). Forced or compulsory labour and hazardous work Child domestic labour. In its observations under Convention No. 29, the Committee has been commenting for many years on the situation of hundreds of thousands of restavek children who are often exploited under conditions that qualify as forced labour. It noted that in practice many of these children, some of them only 4 or 5 years old, are the victims of exploitation, are obliged to work long hours without pay, face all kinds of discrimination and bullying, receive poor lodging and food and are often subjected to physical, psychological and sexual abuse. In addition, very few of them attend school. The Committee also noted the repeal of Chapter IX of Title V of the Labour Code, relating to children in service, by the Act of 2003. It noted that the prohibition established by section 2(1) of the Act of 2003 covers the exploitation of children, including servitude, forced or compulsory labour, forced service and also work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. It further noted that the repealed provisions include section 341 of the Labour Code, which allowed a child aged 12 or over to be entrusted to a family for employment in domestic work.

The Committee observed, however, that section 3 of the Act of 2003 states that a child may be entrusted to a host family in the context of a relationship of assistance and solidarity. It notes that the Special Rapporteur expressed deep concern in her report at the vagueness of the concept of assistance and solidarity and considered that the provisions of the Act of 2003 allow the practice of restavek to be perpetuated.

According to the report of the Special Rapporteur, the number of restavek children is between 150,000 and 500,000 (paragraph 17), and this represents about one in ten children in Haiti (paragraph 23). As a result of interviews with restavek children, the Special Rapporteur ascertained that all of them were given heavy workloads by their host families, which was often incompatible with their full physical and mental development (paragraph 25). Moreover, the Special Rapporteur was told that these children are often ill-treated and subjected to physical, psychological and sexual abuse (paragraph 35.) Representatives of the Government and civil society pointed out that cases of children being beaten and burned were routinely reported (paragraph 37). The Committee noted that, in view of these findings, the Special Rapporteur described the restavek system as a contemporary form of slavery. The Committee expressed its deep concern at the exploitation of the domestic work of children under 18 years of age performed under conditions similar to slavery or under hazardous conditions. It reminded the Government that, under Article 3(a) and (d) of the Convention, work done by, or the employment of, children under 18 years of age under conditions similar to slavery or under hazardous conditions belongs to the worst forms of child labour and, under the terms of Article 1, must be eliminated as a matter of urgency. The Committee requests the Government to take immediate and effective measures to ensure, in law and in practice, that children under 18 years of age may not be employed as domestic servants under conditions equivalent to slavery or under hazardous conditions, taking account of the special situation of girls. It requests the Government to take the necessary steps to ensure that thorough investigations and robust prosecutions of persons who subject children under 18 years of age to forced or hazardous domestic labour are carried out and to ensure the imposition in practice of sufficiently effective and dissuasive penalties.

Article 6. Programme of action for the elimination of the worst forms of child labour. The Committee noted the Government’s indication that a national protection plan was validated in 2006. It noted that the plan targets ten categories of vulnerable children who need protection, including child domestic workers and child victims of trafficking. The Government also indicated that, further to the ratification of the Convention, the Ministry of Social Affairs and Labour (MAST) has considered it necessary to review the national protection plan and include thematic time-bound programmes of action in it. The Committee requests the Government to supply information on the time-bound measures taken as part of the thematic programmes of action and the national protection plan for the child victims of trafficking and child domestic workers. It also requests the Government to send a copy of the national plan.

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. Sale and trafficking. The Committee noted that, according to the February 2009 UNODC Global Report on Trafficking in Persons, no system exists for providing the victims of trafficking with care or assistance, nor are there any reception centres for accommodating the victims of trafficking. It also noted that the CEDAW, in its concluding observations of 10 February 2009 (CEDAW/C/HTI/CO/7, paragraph 26), expressed concern at the lack of reception centres for women and girls who are the victims of trafficking. The Committee requests the Government to take effective measures to provide the necessary and appropriate direct assistance for the removal of children from sale and trafficking and for their rehabilitation and social integration. It requests the Government to provide information on the measures taken towards this end.

Clause (d). Identifying and reaching out to children at special risk. Restavek children. In its observations of 2009 made under Convention No. 29, the Committee noted the existence of programmes for the rehabilitation of restavek children established by the Social Welfare and Research Institute (IBESR) in cooperation with various international and non-governmental organizations. It noted that these programmes focus on reintegration in the family setting in order to promote the social and psychological development of the children concerned.

The Committee observed that the Government’s report does not contain any information in this respect. It noted that the CRC, in its concluding observations, expressed deep concern at the situation of restavek children placed in domestic service and recommended that the Government take urgent steps to ensure that restavek children are provided with services offering physical and psychological rehabilitation and social reintegration (CRC/C/15/Add.202, 18 March 2003, paragraphs 56–57). The Committee requests the Government to take the necessary steps to ensure that restavek children are provided with services offering physical and psychological rehabilitation and social reintegration as part of rehabilitation programmes designed for them. It requests the Government to supply information on the specific results achieved in terms of the number of children who have benefited from these measures.

Article 8. International cooperation. Sale and trafficking of children. In its observations of 2009 made under Convention No. 29, the Committee noted that the MAST, in cooperation with the Ministry of Foreign Affairs, is studying the problem of the exploitation of persons in sugar cane plantations in the Dominican Republic and the involvement of children in begging in the same country, and is due to conduct bilateral negotiations with a view to resolving the situation. It also observed that the CEDAW, in its concluding observations of 10 February 2009 (CEDAW/C/HTI/CO/7, paragraph 27), encouraged 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 noted that the Government’s report does not contain any information in this regard. It requests the Government to supply information on the progress of negotiations aimed at the adoption of a bilateral agreement with the Dominican Republic.

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