Findings on the Worst Forms of Child Labor - Haiti

Child Labor and Forced Labor Reports

Haiti

2015 Findings on the Worst Forms of Child Labor:

Moderate Advancement

In 2015, Haiti made a moderate advancement in efforts to eliminate the worst forms of child labor. The Government adopted the National Action Plan to Combat Trafficking in Persons, which will provide protection and social assistance to victims of human trafficking, including children. The Government also trained local judges on the 2014 Anti-Trafficking in Persons Law and continued to participate in a number of programs targeting the worst forms of child labor, including a new program to combat child labor and improve working conditions in agriculture. However, children in Haiti are engaged in child labor, including in domestic work and agriculture. Haiti lacks a clear, easily applicable minimum age for domestic work. Limited resources for the systematic enforcement of child labor laws impede government efforts to protect children from the worst forms of child labor. Social programs to combat child labor are also insufficient to adequately address the extent of the problem.

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Children in Haiti are engaged in child labor, including in domestic work and agriculture.(1-7) Table 1 provides key indicators on children’s work and education in Haiti. Data on some of these indicators are not available from the sources used in this report.

Table 1. Statistics on Children’s Work and Education

Working children, ages 5 to 14 (% and population):

34.4 (815,993)

School attendance, ages 5 to 14 (%):

92.4

Children combining work and school, ages 7 to 14 (%):

34.9

Primary completion rate (%):

Unavailable

Primary Completion Rate was unavailable from UNESCO Institute for Statistics, 2015.(8)
Source for all other data: Understanding Children’s Work Project’s analysis of statistics from Enquête Mortalité, Morbidité et Utilisation des Services (EMMUS-V), 2012.(9)

Based on a review of available information, Table 2 provides an overview of children’s work by sector and activity.

Table 2. Overview of Children’s Work by Sector and Activity

Sector/Industry

Activity

Agriculture

Preparing land for planting;* fertilizing fields;* sowing;* pruning;* weeding;* thinning;* and guarding in relation to the production of bananas,* beans,* corn,* peanuts,* peas,* rice,* cassava,* and yams* (1, 2)

Harvesting sugarcane,* collecting cut sugarcane,* grinding sugarcane,* and clearing land for sugarcane production* (2)

Raising cows,* donkeys,* goats,* pigs,* sheep,* and poultry* (1)

Capturing and processing fish* (2, 4, 10)

Processing produce,* including removing shells, husks,* stones;* winnowing;* and drying* (1, 11)

Industry

Construction, including transport of construction materials such as sand and rocks* (2, 4, 10)

Services

Domestic work (3-7, 12-14)

Street work,* including vending,* begging,*shining shoes,* and carrying* goods and luggage in public markets and bus stations (3, 10, 14, 15)

Washing and guarding cars (3, 10, 15)

Categorical Worst Forms of Child Labor‡

Forced labor in domestic work;* agriculture;* and as street vendors,* shoe shiners,* window washers,* and beggars,* each sometimes as a result of human trafficking* (3-5, 10, 13, 14, 16, 17)

Use in illicit activities, including by criminal groups as messengers and to carry weapons* or transport drugs* (3, 17 , 18)

Commercial sexual exploitation,* sometimes as a result of human trafficking* (4 , 19, 20)

* Evidence of this activity is limited and/or the extent of the problem is unknown.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

A 2015 study found approximately 286,000 child domestic workers in Haiti, 207,000 of whom were found to be lagging behind in school.(12, 13) Some parents unable to care for their children send them to residential care centers, or to relatives or strangers who are expected to provide food, shelter, and schooling to these children in exchange for household work. In practice, some of these children receive care and an education, while many become child domestic workers and are victims of labor exploitation and abuse.(3-7, 13, 14, 17, 21)

Children are trafficked both internally and to the Dominican Republic. NGOs have reported that children crossing the Haiti-Dominican Republic border illegally are often accompanied by adults who are paid to pretend to be the children’s parents or guardians until they reach the Dominican Republic.(17, 22-25) Some of these children are reunited with relatives in the Dominican Republic, whereas others engage in commercial sexual exploitation, domestic work, or agriculture; some children also work on the streets shining shoes, picking up waste, washing car windows, and begging.(4, 25, 26)

Many Haitian children’s births are not registered; the 2010 earthquake and ensuing infrastructure and paperwork destruction further exacerbated the lack of identity documentation.(3, 11, 13, 14, 18, 22) In Haiti, personal identification documents are required in order to enter into an employment contract, access the justice system, and receive social protection services. The lack of personal identification documents makes it more difficult to protect children against labor and criminal violations, and for children to access the social assistance services and educational programs provided by the Government.(3, 27-29)

On August 14, 2015, the Government of the Dominican Republic began involuntary repatriations of individuals with irregular migration status to Haiti, pursuant to the Dominican National Plan to Regularize Foreigners and the General Law on Migration.(30) By January 2016, the Government of the Dominican Republic reported that it had deported 13,756 individuals with irregular status to Haiti.(31) From June 2015 to January 2016, the International Organization for Migration (IOM) reported that 37,836 individuals migrated spontaneously to Haiti, including 970 unaccompanied minors.(13, 14, 31) As of the end of 2015, approximately 3,000 individuals, including nearly 1,000 children under age 17, who had been deported or who migrated spontaneously to Haiti, were residing in camps in Haiti near the border with the Dominican Republic.(13, 14, 30, 32)

Children, including those who have been deported to Haiti or who voluntarily left the Dominican Republic for Haiti, as well as unaccompanied child migrants, are vulnerable to child labor, including its worst forms. In addition, school attendance rates are particularly low for children recently arriving from the Dominican Republic, as schools are not available in or near the border camps; these children’s parents also lack the financial means to enroll their children in school, and these children may not speak French, the language of instruction in most Haitian schools.(13, 14)

Although the Constitution guarantees free primary education, public schools often charge fees for books, uniforms, and enrollment. There are not enough public schools (private schools represent approximately 90 percent of available schools), and many teachers lack official teaching credentials.(33-36) As a result, most Haitian children are enrolled in private schools that charge tuition and other fees. Many others, especially in rural areas, simply do not attend school.(3, 11, 13, 18, 33, 36) Out-of-school children are at increased risk of engaging in child labor or of becoming victims of human trafficking.(18, 33)

Haiti has ratified all key international conventions concerning child labor (Table 3).

Table 3. Ratification of International Conventions on Child Labor

Convention

Ratification

ILO C. 138, Minimum Age

ILO C. 182, Worst Forms of Child Labor

UN CRC

UN CRC Optional Protocol on Armed Conflict

UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography

Palermo Protocol on Trafficking in Persons

 

The Government has established laws and regulations related to child labor, including its worst forms (Table 4).

Table 4. Laws and Regulations Related to Child Labor

Standard

Yes/No

Age

Related Legislation

Minimum Age for Work

Yes

15

 

Article 335 of the Labor Code (37)

Minimum Age for Hazardous Work

Yes

18

Article 334 of the Labor Code; Article 2 of the Act on the Prohibition and Elimination of All Forms of Abuse, Violence, Ill Treatment, or Inhumane Treatment Against Children (Act of 2003) (37, 38)

Prohibition of Hazardous Occupations or Activities for Children

Yes

 

Articles 333–336 of the Labor Code (37)

Prohibition of Forced Labor

Yes

 

Article 4 of the Labor Code; Article 2 of the Act of 2003; Article 1.1.11 of the Anti-Trafficking in Persons Law (37-39)

Prohibition of Child Trafficking

Yes

 

Article 2 of the Act of 2003; Article 1.1.1 of the Anti-Trafficking in Persons Law (38, 39)

Prohibition of Commercial Sexual Exploitation of Children

Yes

 

Article 2 of the Act of 2003; Articles 279–280 of the Penal Code; Article 1.1.17 of the Anti-Trafficking in Persons Law (38-40)

Prohibition of Using Children in Illicit Activities

Yes

 

Article 72 of the Law on the Control and Suppression of Illicit Drug Trafficking; Article 2 of the Act of 2003 (38, 41)

Minimum Age for Compulsory Military Recruitment

N/A*

 

 

 

Minimum Age for Voluntary Military Service

N/A†

 

 

Compulsory Education Age

Yes

15

Article 23 of the Decree on the Reorganization of the Haitian Education System (42, 43)

Free Public Education

Yes

 

Articles 32.1 and 33 of the Constitution (44)

* No conscription (45)
† No standing military (45)

Article 335 of the Labor Code sets the minimum age for contractual work at 15 in industrial, agricultural, and commercial establishments. The Labor Code only applies to workers who perform work under an employment agreement.(3, 37, 46) It is unclear whether the Labor Code applies to situations in which there is no written agreement, such as informal employment relationships. Article 340 provides penalties for employers who employ minors without proper work permits or health certificates, which are required for all children ages 15 to 18. However, the limited penalties, usually the equivalent of between $48 and $81, are not sufficient deterrents to protect children against labor exploitation.(3, 37, 38) Although there is not a specific penalty for employing underage children, Article 513 of the Labor Code notes that a fine of $81 may be applied to any violations without specific fines, which may not be not adequate to deter violations.(37)

The Act on the Prohibition and Elimination of All Forms of Abuse, Violence, Ill Treatment, or Inhumane Treatment Against Children of 2003 (Act of 2003) annulled Chapter 9 of the Labor Code that had set a minimum age for domestic work at age 12 and had provided for protections for domestic workers and fines in cases of violations.(37, 38) Since the Act of 2003 annulled the minimum age provisions for domestic child workers, it is unclear whether there is a minimum age for domestic work.(38, 46) The Government has drafted legislation that would set the minimum age for domestic work at 15 years, but that legislation has not been enacted.(47-49)

The Labor Code prohibits children ages 15 to 18 from working at night in industrial jobs and in establishments where alcohol is served.(37) However, the types of hazardous work prohibited for children do not cover agriculture, an area of work where there is evidence of exposing children to hazardous substances, agents, or to temperatures damaging to their health. A specific list of hazardous child labor activities covering sectors where children work, including agriculture, has been developed but was not approved by Parliament during the reporting period.(47, 49) Even though the Act of 2003 also contains general prohibitions against the worst forms of child labor, including hazardous work, child trafficking, and the use of children in criminal activities, it establishes no penalties for employing children in these activities.(38)

Articles 278–282 of the Penal Code prohibit prostitution and the corruption of minors, but do not prohibit the use of children in pornographic performances. The Act of 2003 specifically prohibits the use of children in pornographic performances; however, it does not establish penalties for perpetrators of this violation.(37, 38)

The Government has established institutional mechanisms for the enforcement of laws and regulations on child labor, including its worst forms (Table 5).

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

Ministry of Social Affairs and Labor (MAST)

Enforce child protection and child labor laws. MAST labor inspectors investigate Labor Code infractions in the formal sector, including those regarding child labor. MAST’s Institute of Social Welfare and Research (IBESR) agents perform inspections in compliance with the Child Protection Law of 2012 and help enforce the Act of 2003.(46, 50-52) In cases of potential criminal violations, MAST labor inspectors and IBESR agents refer cases to juvenile courts for prosecution, while children receive services from IBESR.(3, 10, 16) Collaborate with the Brigade for the Protection of Minors (BPM) to investigate cases of crimes against children and apply the Penal Code to punish the perpetrators.(10, 16, 50)

Haitian National Police’s (PNH) La Brigade de Protection des Mineurs (BPM)

Lead anti-child trafficking efforts and investigate Penal Code infractions against children.(16, 22, 33) Investigate reports of cases of the worst forms of child labor and of forced labor, in conjunction with routine police patrols in public places where children can be in physical or moral danger and become victims of crime.(10, 50) BPM agents gather and submit information to judicial and/or social protection authorities to allow criminal prosecution of crimes against minors or to provide social protection and placement services for victims (as needed).(52)

 

Labor Law Enforcement

In 2015, labor law enforcement agencies in Haiti took actions to combat child labor, including its worst forms (Table 6).

Table 6. Labor Law Enforcement Efforts Related to Child Labor

Overview of Labor Law Enforcement

2014

2015

Labor Inspectorate Funding

Unknown (34)

Unknown

Number of Labor Inspectors

50 (34)

Unknown

Number of Child Labor Dedicated Inspectors

11 (34)

Unknown

Inspectorate Authorized to Assess Penalties

No (34)

No

Training for Labor Inspectors

 

 

Initial Training for New Employees

Unknown (34)

Unknown

Training on New Laws Related to Child Labor

Unknown (34)

Yes (14)

Refresher Courses Provided

Yes (34)

Unknown

Number of Labor Inspections

Unknown (34)

Unknown

Number Conducted at Worksite

Unknown (34)

Unknown

Number Conducted by Desk Reviews

Unknown (34)

Unknown

Number of Child Labor Violations Found

Unknown (34)

Unknown

Number of Child Labor Violations for which Penalties were Imposed

Unknown (34)

Unknown

Number of Penalties Imposed that were Collected

Unknown (34)

Unknown

Routine Inspections Conducted

No (34)

No

Routine Inspections Targeted

No (34)

No

Unannounced Inspections Permitted

Unknown (34)

Unknown

Unannounced Inspections Conducted

Unknown (34)

Unknown

Complaint Mechanism Exists

Unknown

Yes (14)

Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services

Yes (34)

Yes (14)

 

All Ministry of Social Affairs and Labor (MAST) labor inspectors are required to monitor and ensure compliance with all Labor Code provisions during their inspections, including those pertaining to child labor.(16, 22, 37, 51) MAST inspectors generally lack sufficient resources, such as means of transportation, fuel, and appropriately equipped workplaces, to enforce the law adequately.(10, 34)

In 2015, the Institute of Social Welfare and Research (IBESR) had 150 employees working in all of Haiti’s geographic departments; they included  48 child protection agents and approximately 20 social workers to handle protection cases, including those involving child labor.(10, 48) Each IBESR regional bureau includes a child protection section that employs five to seven agents.(10) The Government budgeted approximately $1.1 million to IBESR for child protection activities. In 2015, approximately 60 IBESR agents received training on child protection issues, including child labor.(48, 53) The remaining agents were not trained, in large part due to lack of funding.(4, 10, 34, 48, 50) It is unclear whether children engaged in child labor found during labor inspections or through other enforcement efforts received appropriate social services in 2015.

IBESR also manages the “133” hotline that receives complaints about the situations requiring child protection.(4, 16, 22) However, the hotline functions exclusively in Port-au-Prince, which makes reporting cases involving child exploitation to IBESR more difficult in rural areas.(16) In addition, the number of calls related to child labor that were received during 2015 is unknown.

Criminal Law Enforcement

In 2015, criminal law enforcement agencies in Haiti took actions to combat the worst forms of child labor (Table 7).

Table 7. Criminal Law Enforcement Efforts Related to the Worst Forms of Child Labor

Overview of Criminal Law Enforcement

2014

2015

Training for Investigators

 

 

Initial Training for New Employees

Unknown (34)

Yes (14)

Training on New Laws Related to the Worst Forms of Child Labor

Unknown (34)

Yes (14)

Refresher Courses Provided

Unknown (34)

Unknown

Number of Investigations

Unknown (34)

Unknown

Number of Violations Found

Unknown (54)

Unknown

Number of Prosecutions Initiated

Unknown (54)

Unknown

Number of Convictions

Unknown (34)

Unknown

Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services

Yes (54)

Yes (14)

 

In 2015, the Haitian National Police’s Brigade for the Protection of Minors (BPM) maintained a staff of 90 agents in 24 offices around the country, including in 4 offices along the Haiti-Dominican Republic border.(34) Reports indicate that BPM lacks trained staff, equipment, transportation, and funding to effectively conduct criminal law enforcement efforts related to the worst forms of child labor.(13, 14, 34)

During the reporting period, BPM provided social services to 518 children, of whom 469 were transferred to IBESR and 49 were returned to their parents. Research was unable to determine whether these children were involved in the worst forms of child labor.(13, 14, 54) BPM manages the “188” hotline, which receives complaints about the situations requiring child protection.(14, 16) However, like the IBESR hotline, the “188” hotline functions exclusively in Port-au-Prince, which makes reporting cases involving child exploitation more difficult in rural areas.(50, 55) In addition, the number of calls related to child labor received in 2015 is unknown.

In 2015, some judges received training on the 2014 Anti-Trafficking in Persons Law.(14) Although efforts were made to train law enforcement and judiciary officials on human trafficking issues, work remains to be done to ensure that relevant officials, particularly in the provinces, are aware of the law and methods of implementation.(13, 14)

The Government has established mechanisms to coordinate its efforts to address child labor, including its worst forms (Table 8).

Table 8. Mechanisms to Coordinate Government Efforts to Eliminate Child Labor

Coordinating Body

Role & Description

National Tripartite Commission for the Elimination of the Worst Forms of Child Labor

Elaborate policies; approve programs; and coordinate, supervise, monitor, and evaluate efforts to combat child labor in Haiti.(56-58) Chaired by MAST and comprises officials from BPM; the Citizen Protection Bureau; and the Ministries of Agriculture, Education, Health, Interior, Justice, and Women’s Affairs. Also includes non-governmental stakeholders such as NGOs, labor unions, international organizations, and social partners.(16, 58) In 2015, the Commission met regularly to revise the draft List of Hazardous Occupations Prohibited for Children and completed the draft National Action Plan to Combat Child Labor.(13, 34, 49, 58)

National Committee for the Fight Against Trafficking in Persons

Coordinate actions against trafficking in persons and provide protection and rehabilitation services to victims at the national level.(4, 39) Chaired by IBESR and includes MAST, BPM, the Citizen Protection Bureau, the National Office for Migration, and the Ministries of Education, Foreign Affairs, Health, Interior, Justice, Education, and Women’s Affairs.(39, 59) In 2015, Committee representatives for member ministries were appointed by presidential order.(14, 60, 61) During the reporting period, the Committee also met to develop drafts of the National Action Plan to Combat Trafficking in Persons, which the Government adopted in March 2015.(4)

Child Protection Working Group

Implement, coordinate, and monitor government efforts on child protection, including protection of child domestic workers. Chaired by IBESR and comprises officials from BPM; the Citizen Protection Bureau; MAST; and the Ministries of Education, Health, Justice, Women’s Affairs, and Youth.(62, 63) Also includes non-governmental stakeholders such as NGOs, international organizations, and social partners.(62) In 2015, the Child Protection Working Group continued to conduct a comprehensive study on the prevalence of child domestic work, to be released in 2016.(34, 64, 65)

 

The Government of Haiti has established policies related to child labor, including its worst forms (Table 9).

Table 9. Policies Related to Child Labor

Policy

Description

National Action Plan to Combat Trafficking in Persons (2015–2017)†

Aims to enhance the legal framework to prevent human trafficking, effectively implement laws related to human trafficking, provide protection and care for victims, and strengthen social and educational initiatives for vulnerable children. Led by the National Committee for the Fight Against Trafficking in Persons.(4, 66)

National Strategic Development Plan (PSDH) (2014–2016)

 

Articulates four pillars—economic, social, territorial, and institutional— and notes the need to prohibit child labor in order to ensure sustained and equitable economic growth. Built on the 2010 Action Plan for National Recovery and Development, which outlined key initiatives to address the structural causes of Haiti’s underdevelopment and explore ways to make Haiti an “emerging country” by 2030.(67, 68) The PSDH aims to improve the country’s living standards by increasing employment; addressing food insecurity; and providing housing and access to basic services such as health care, education, water, and sanitation. Overseen by the Ministry of Planning and External Cooperation and the Ministry of Economy and Finance.(67, 68)

National Action Strategy for Education for All (2011–2017)*

Aims to increase access to primary education, particularly for vulnerable populations. The strategy is overseen by the Ministry of Education and supported by international donors.(69, 70) Subsidizes school fees for both public and private schools, provides food at school, and offers teacher training to increase the number of qualified teachers. For the 2014–15 school year, the project provided free tuition-fee waivers to nearly 108,000 students and accredited almost 20,000 public and private primary schools.(69, 70)

XIX Inter-American Conference of Ministers of Labor†

In December 2015, Haiti participated in the XIX Inter-American Conference of Ministers of Labor to promote decent work with social inclusion throughout the Americas. Held in Cancún, Mexico, participating countries adopted the Declaration of Cancún 2015 which aims in part to foster policies to eliminate labor exploitation, including child labor, and to promote education and vocational training for youth.(71, 72) Participating countries also adopted a Plan of Action that prioritizes the elimination of child labor, including through data collection, enforcement of labor laws, and the development of social protection policies for children and families.(71, 73).

* Child labor elimination and prevention strategies do not appear to have been integrated into this policy.
† Policy was approved during the reporting period.

In 2014, the Government of Haiti drafted a National Action Plan to Combat Child Labor and, in 2015, the Government drafted a National Social Protection Policy; to date, however, neither has been approved.(13, 49, 58, 74)

In 2015, the Government of Haiti funded and participated in programs that include the goal of eliminating or preventing child labor, including its worst forms (Table 10).

Table 10. Social Programs to Address Child Labor

Program

Description

Project to Reduce Child Labor and Improve Labor Rights and Working Conditions in Haiti, Let’s Work for Our Rights (2015–2017)*

$9.99 million USDOL-funded, project implemented by Catholic Relief Services to provide services to households and children engaged in or at-risk of engaging in child labor or other exploitative working conditions in agriculture. The project also provides assistance to the Government, the private sector, and civil society to improve the protection of children and workers.(74, 75) The project aims to reach 10,000 children and adolescents with educational services; 5,000 households with livelihood services; 2,500 children, youth, and adults with legal assistance on child labor, labor rights, and identity documentation issues; and 10,000 adults by raising awareness of child labor, other labor rights issues, and the right to education.(74, 75)

Global Action Program on Child Labor Issues (2011–2017)

USDOL-funded project implemented by the ILO in approximately 40 countries to support the priorities of the Roadmap for Achieving the Elimination of the Worst Forms of Child Labor by 2016, established by the Hague Global Child Labor Conference in 2010. In Haiti, the project aims to build the capacity of MAST and works to develop strategic policies to eliminate child labor and forced labor, as well as to strengthen legal protections and social services delivery for child domestic workers.(65, 76)

Elimination of Child Labor in Latin America (Phase 4) (2012–2015)

$4.5 million Government of Spain-funded, 3-year project implemented by ILO-IPEC to combat child labor in 19 countries, including Haiti.(77)

Education and Monitoring Program for the Eradication of Child Labor (2012–2015)

$1.3 million Government of Spain-funded, 3-year project implemented by ILO-IPEC that aims to strengthen public policies and government capacity to combat child labor in 19 countries in Latin America, including Haiti. Includes the objective of developing information systems on the worst forms of child labor.(77)

Protecting the Rights of Children, Women, and Youth in Haiti (AKSÈ) (2012–2017)

$22.5 million USAID-funded, 5-year project that supports a partnership between the Government and the private sector to promote children’s rights and child protection services. Supports efforts by governmental organizations; NGOs; and community-based organizations to assist victims of gender-based violence, human trafficking, commercial sexual exploitation, forced domestic work, and recruitment into criminal activity.(78, 79)

Help People (Ede Pèp) Program†

Government social program that assists poor families through 16 projects, with a focus on improving children’s well-being.(50, 80) Projects include the Ti Manman Cheri project, the Kore Etidyan project, and the Aba Grangou project, among others. Ti Manman Cheri project provides low-income mothers with monthly cash transfers to pay for their children’s school tuition.(10, 80) Kore Etidyan project provides financial assistance to students.(50) Aba Grangou project, financed with $30 million from the Government of Venezuela, with additional financial support from the Government of Haiti, provides 2.2 million children with meals through a school food program.(10, 80, 81)

National Free Education Program (PSUGO)†

Government program that aims to increase poor children’s access to education. Includes school grants intended to eliminate school fees and accelerated learning programs for students who are lagging behind in school.(55, 82)

IBESR’s National Week of the Child

IBESR awareness-raising campaign funded by international NGOs to increase public understanding of children’s rights.(3, 83) Engaged local and international NGOs on issues of forced child labor, child trafficking, and commercial sexual exploitation. The theme for the 2015 National Week of the Child was “My vote is a vote for the protection of children.”(3, 83)

Government Child Shelter, Census, and National Child Protection Database†

Government program to support child protection. IBESR implements the Government’s regulatory framework for residential care centers (orphanages), collects information on vulnerable children, and tracks them through the National Child Protection Database.(10, 50)

Children’s Summer Enrichment Program

Office of the Citizen Protector program that provided training for children, with the support of the AKSÈ program. Assists approximately 100 children from Cité Soleil, in Port‑au-Prince, during the summer by raising their awareness of Haiti’s child protection institutional framework and mechanisms.(10, 55)

* Program was launched during the reporting period.
† Program is funded by the Government of Haiti.

Despite IBESR’s efforts to collect information for the National Child Protection Database, it does not fully capture all relevant information, including the number of displaced street children and children engaged in domestic work.(16) Although Haiti has programs that target child labor, the scope of these programs is insufficient to fully address the extent of the problem, particularly in domestic work.

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor, including its worst forms, in Haiti (Table 11).

Table 11. Suggested Government Actions to Eliminate Child Labor, Including its Worst Forms

Area

Suggested Action

Year(s) Suggested

Legal Framework

Ensure that all children are protected by law, including children engaged in in work not performed pursuant to contractual arrangements.

2014 – 2015

Create meaningful penalties for employing children in contravention of the Labor Code.

2009 – 2015

Clarify the minimum age for domestic work.

2009 – 2015

Ensure that the types of work that children perform in Haiti that fall into a R.190 category, such as work in unhealthy environments are prohibited to children under age 18.

2009 – 2015

Clarify the legal framework to ensure that the Act on the Prohibition and Elimination of All Forms of Abuse, Violence, Ill Treatment, or Inhumane Treatment Against Children of 2003 includes meaningful civil and criminal penalties for all violations.

2011 – 2015

Ensure that the use of children in pornographic performances is criminally prohibited.

2009 – 2015

Enforcement

Collect and make publicly available information on MAST labor inspections, in particular; the amount of funding for MAST; the number of labor inspectors and whether they received training, the number and type of labor inspections; the number of child labor violations found and cases transferred to judicial authorities; and the penalties imposed and collected for violations.

2013 – 2015

Authorize the inspectorate to assess penalties or expedite review of child labor violations in labor tribunals and through other appropriate legal bodies.

2013 – 2015

Improve institutional mechanisms and practices to ensure that children engaged in child labor during labor inspections or through other enforcement efforts receive appropriate social services.

2013 – 2015

Strengthen IBESR’s enforcement capacity by initiating routine or targeted child protection inspections, rather than by performing inspections solely based on complaints received.

2013 – 2015

Provide sufficient training and resources to increase the capacity of MAST, IBESR, BPM, and of judiciary officials to effectively enforce child labor laws.

2013 – 2015

Collect and make publicly available information on the number of criminal investigations, violations found, prosecutions initiated, and convictions related to the worst forms of child labor.

2009 – 2015

Expand the hotlines operated by BPM and IBESR to facilitate reporting of child exploitation cases in areas beyond Port-au-Prince, including in rural areas; disaggregate complaints by the number of children in child labor.

2013 – 2015

Government Policies

Integrate child labor elimination and prevention strategies into the National Action Strategy for Education for All.

2009 – 2015

Social Programs

Increase access to education by—

  • Eliminating school-related fees in public schools;
  • Increasing school infrastructure, especially in rural areas;
  • Addressing the specific educational needs of vulnerable populations, including recent arrivals from the Dominican Republic;
  • Providing teacher training; and
  • Ensuring school administrators and teachers allow children without birth certificates and uniforms to attend school.

2009 – 2015

Expand the National Child Protection Database, including by identifying displaced street children and children in domestic work.

2010 – 2015

Expand existing social programs to address the scope of the child labor problem, particularly in domestic work.

2010 – 2015

 

 

1.         ICF International. Working Children in Agriculture in Haiti, Sud Department. Calverton; 2012. http://www.dol.gov/ilab/media/reports/iclp/main.htm.

2.         Catholic Relief Services. "Rapid Child Labor Assessment,." April 2015 [cited April 29, 2015];

3.         U.S. Department of State. "Haiti," in Country Reports on Human Rights Practices- 2014. Washington, DC; June 25, 2015; http://www.state.gov/documents/organization/236908.pdf.

4.         U.S. Department of State. "Haiti," in Trafficking in Persons Report- 2015. Washington, DC; July 27, 2015; http://www.state.gov/j/tip/rls/tiprpt/countries/2015/243450.htm.

5.         ICF International. Child Labor in Domestic Service ("Restaveks") in Port-au- Prince, Haiti: Mixed Methods Research on Child Labor and Forced Child Labor in the the Production of Goods. Calverton; 2012. http://www.dol.gov/ilab/media/reports/iclp/main.htm.

6.         UN Human Rights Committee. The Plight of Restavèk (Child Domestic Servants); September 12, 2014. http://www.ijdh.org/wp-content/uploads/2014/09/HRC_Restavek-Sept-12.pdf.

7.         Valmond, F. Restavèk: The Life of Haiti's Most Vulnerable Population and the Fight against Child Trafficking [Masters thesis]: George Mason University; 2015.

8.         UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary. Total. [accessed January 16, 2015]; http://www.uis.unesco.org/. Data provided is the gross intake ratio to the last grade of primary school. This measure is a proxy measure for primary completion. This ratio is the total number of new entrants in the last grade of primary education, regardless of age, expressed as a percentage of the population at the theoretical entrance age to the last grade of primary. A high ratio indicates a high degree of current primary education completion. Because the calculation includes all new entrants to last grade (regardless of age), the ratio can exceed 100 percent, due to over-aged and under-aged children who enter primary school late/early and/or repeat grades. For more information, please see the “Children's Work and Education Statistics: Sources and Definitions” section of this report.

9.         UCW. Analysis of Child Economic Activity and School Attendance Statistics from National Household or Child Labor Surveys. Original data from Enquête Mortalité Morbidité et Utilisation des Services, 2012. Analysis received January 16, 2015. Reliable statistical data on the worst forms of child labor are especially difficult to collect given the often hidden or illegal nature of the worst forms. As a result, statistics on children’s work in general are reported in this chart, which may or may not include the worst forms of child labor.  For more information on sources used, the definition of working children and other indicators used in this report, please see the “Children's Work and Education Statistics: Sources and Definitions” section of this report.

10.       U.S. Embassy- Haiti. reporting, January 27, 2014.

11.       Catholic Relief Services. Rapid Child Labor Assessment Port au Prince; April 2015.

12.       Fafo. "Child Domestic Workers in Haiti 2014: Analytical Report." 2016 [cited March 13, 2016];

13.       U.S. Embassy- Haiti. reporting, February 8, 2016.

14.       U.S. Embassy- Haiti. reporting, February 2, 2016.

15.       ICF International. Urban Child Labor in Port-Au-Prince, Haiti. Calverton; 2012. http://www.dol.gov/ilab/media/reports/iclp/main.htm.

16.       U.S. Embassy- Haiti. reporting, February 8, 2013.

17.       Walk Free Foundation. "Haiti," in The Global Slavery Index- 2014. Washington, DC; 2014; http://d3mj66ag90b5fy.cloudfront.net/wp-content/uploads/2014/11/Global_Slavery_Index_2014_final_lowres.pdf.

18.       CRIN. HAITI: Child Right References in the Universal Periodic Review. London; 2011. http://www.crin.org/resources/infoDetail.asp?ID=25843.

19.       Torgan, A. "Haitians living in fear 'under the tent'." cnn.com [online] October 18, 2012 [cited November 23, 2012]; http://www.cnn.com/2012/10/18/world/americas/cnnheroes-haiti-rape.

20.       Balmir, S. "Haïti: Prostitution infantile: Renforcement du cercle vicieux de la misère." Le National, Pétion-Ville, May 22, 2015. http://lenational.ht/haitiprostitution-infantile-renforcement-du-cercle-vicieux-de-la-misere/.

21.       Human Rights Watch. World Report 2015: Haiti. Washington, DC; 2015. https://www.hrw.org/world-report/2015/country-chapters/haiti.

22.       U.S. Embassy- Haiti. reporting, February 26, 2013.

23.       International Organization for Migration. IOM-Haiti Strategic Plan 2013-2014; 2013. https://www.iom.int/files/live/sites/iom/files/pbn/docs/Strategy-IOM-Haiti-Updated-Jan-2013.pdf.

24.       Haitian child victims of trafficking in Dominican Republic receive assistance, International Organization for Migration, [online] May 21, 2013 [cited November 20, 2014]; http://www.iom.int/news/haitian-child-victims-trafficking-dominican-republic-receive-assistance.

25.       Bargent, J. "Dominican Police Dismantle Haitian Child Trafficking Ring." insightcrime.org [online] May 20, 2013 [cited November 15, 2015]; http://www.insightcrime.org/news-briefs/dominican-republic-haiti-child-trafficking.

26.       Moloney, A. IOM hopes landmark trial will stem child trafficking from Haiti, Thomson Reuters Foundation, [online] June 14, 2012 [cited May 15, 2014]; http://www.trust.org/item/?map=iom-hopes-landmark-trial-will-stem-child-trafficking-from-haiti.

27.       UNICEF. A Child-Rights Approach on International Migration and Child Trafficking: A UNICEF Perspective. New York; July 18, 2014. http://www.un.org/en/development/desa/population/events/pdf/3/P06_UNICEF.pdf.

28.       Arhin, A. "Conceptualizing Child Labour Trafficking and Exploitation: The Case of Roma Children in Montenegro." Temida: Journal on Victimisation, Human Rights and Gender, 15(no. 3)(2012); https://www.academia.edu/3250475/Conceptualizing_Child_Labour_Trafficking_and_Exploitation_The_Case_of_Roma_Children_in_Montenegro.

29.       Steinlechner, B. Searching Identity in Haiti UNICEF; 2011. http://www.unicef.org/lac/HIS_Haiti.pdf.

30.       U.S. Embassy- Santo Domingo. reporting, October 2, 2014.

31.       IOM Haiti. Border Monitoring Sit-Rep; January 22, 2016. http://reliefweb.int/report/haiti/haiti-border-monitoring-sitrep-22-january-2016.

32.       Granitz, P. "Returning Haitians Stuck in Dire Camps Near Dominican Border." reuters.com [online] August 5, 2015 [cited February 26, 2016]; http://www.reuters.com/article/us-haiti-dominican-idUSKCN0QA2FO20150805.

33.       Institute for Justice and Democracy in Haiti. Universal Periodic Review, Republic of Haiti. Port-au-Prince; 2011. http://www.ijdh.org/universal-periodic-review-upr/.

34.       U.S. Embassy- Haiti. reporting, January 23, 2015.

35.       UN Human Rights Council. Report of the independent expert on the situation of human rights in Haiti, Michel Frost. New York; February 07, 2013. Report No. A/HRC/25/71. http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session22/A-HRC-22-65_EN.pdf.

36.       World Bank. Four Things You Need to Know About Education in Haiti; March 12, 2015. http://www.worldbank.org/en/news/feature/2015/03/12/four-things-you-need-to-know-about-education-in-haiti.

37.       Government of Haiti. Code du Travail, enacted 1984. http://www.ilo.org/dyn/natlex/docs/WEBTEXT/135/64790/F61HTI01.htm.

38.       Government of Haiti. Loi relative à l'interdiction et à l'élimination de toutes formes d'abus, de violences, de mauvais traitements ou traitements inhumains contre les enfants, enacted June 5, 2003. http://www.hsph.harvard.edu/population/trafficking/haiti.traf.03.doc.

39.       Government of Haiti. Loi sur la Lutte contre la Traite des Personnes, Loi No CL/2014-0010, enacted June 02, 2014.

40.       Government of Haiti. Haiti Code Pénal, enacted 1985. http://www.oas.org/juridico/mla/fr/hti/fr_hti_penal.pdf.

41.       Government of Haiti. Loi relative au controle et la repression du trafic illicite de la drogue. Le Moniteur; October 4, 2001 http://haitijustice.com/pdf/legislation/traffic_illicite_stupefiants_haiti.pdf.

42.       Government of Haiti. Decret Organisant le Systeme Educatif Haitien en Vue D'offrir des chances egales a tous et de Refleter la Culture Haitienne, enacted March 30, 1982. http://ufdc.ufl.edu/AA00000092/00001/3j.

43.       U.S. Embassy- Haiti official. E-mail communication to USDOL official. November 14, 2014.

44.       Government of Haiti. Constitution of Haiti, enacted 1987. http://pdba.georgetown.edu/constitutions/haiti/haiti1987.html.

45.       Child Soldiers International. Louder than words: An Agenda for Action to End State Use of Child Soldiers. London; 2013. http://www.child-soldiers.org/global_report_reader.php?id=562.

46.       ILO Committee of Experts. Direct Request concerning Minimum Age Convention, 1973 (No. 138) Haiti (ratification: 2009) Published: 2013; accessed November 25, 2013; http://www.ilo.org/ilolex/english/iloquery.htm.

47.       Government of Haiti. DRAFT- Hazardous List of Work for Children; 2014. [source on file].

48.       IBESR Haiti official. E-mail communication to USDOL official. February 13, 2015.

49.       ILO Port au Prince official. E-mail communication to USDOL official. December 12, 2015.

50.       U.S. Embassy- Haiti. reporting, February 21, 2014.

51.       Government of Haiti official. E-mail communication to USDOL official. April 10, 2014.

52.       IBESR. La Protection de l’enfant. Législation nationale et internationale. Pétion-Ville: Editions Presses Nationales d’Haïti; 2012.

53.       ILO Port au Prince official. E-mail communication to USDOL official. March 12, 2015.

54.       BPM Haiti official. E-mail communication to USDOL official. February 18, 2015.

55.       U.S. Embassy- Haiti official. E-mail communication to USDOL official. May 22, 2014.

56.       U.S. Department of State official. E-mail communication to USDOL official. February 21, 2013.

57.       ILO Committee of Experts. Individual Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Haiti (ratification: 2007) Published: 2013; accessed March 1, 2013; http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO::.

58.       National Commission for the Elimination of the Worst Forms of Child Labor. DRAFT: National Action Plan to Combat Child Labor; June 19, 2014.

59.       Haiti Enacts World’s Newest Anti-Trafficking Law, Free the Slaves, [online] August 11,2014 [cited November 10, 2014]; http://www.freetheslaves.net/haiti-enacts-worlds-newest-anti-trafficking-law/.

60.       Government of Haiti. Le Moniteur Journal Officiel de la Republique d'Haiti; August 12, 2015. http://www.omrh.gouv.ht/Media/Publications/4-Arretes/Arr%C3%AAt%C3%A9%20relatif%20%C3%A0%20la%20formation%20et%20au%20perfectionnement%20des%20fonctionnaires.pdf.

61.       Haiti Libre. "Politic : Inauguration of members of the Committee against human trafficking." haitilibre.com [online] December 12, 2015 [cited December 12, 2015]; http://www.haitilibre.com/en/news-15940-haiti-politic-inauguration-of-members-of-the-committee-against-human-trafficking.html?utm_source=dlvr.it&utm_medium=twitter.

62.       Government of Haiti. Groupe de Travail Protection de l'Enfance Niveau National- Termes de Reference; 2014.

63.       UNICEF- official. E-mail communication to USDOL official. December 17, 2014.

64.       Julsaint, M-C, The International Alliance of Women. "Child domestic labour in Haiti." womenalliance.org [online] May 13, 2015 [cited December 01, 2015]; http://womenalliance.org/child-domestic-labour-in-haiti.

65.       ILO-IPEC. Global Action Program on Child Labor Issues. Technical Progress Report. Geneva; November 2015.

66.       Government of Haiti. Plan d’Actions National de Lutte contre la Traite des Personnes; March 2015. on file.

67.       Government of Haiti. Plan Stratégique de Développement d’Haïti (PSDH). Port-au-Prince; June 2012. http://www.mpce.gouv.ht/sites/default/files/FichiersPDF/psdh_tome_1_lr.pdf.

68.       IMF. Haiti: Poverty Reduction Strategy Paper- Progress Report. Washington, DC; June, 2013. https://www.imf.org/external/pubs/ft/scr/2014/cr14154.pdf.

69.       World Bank. Education for All- Implementation Status Results Report

July 15, 2015. http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/LCR/2015/07/15/090224b082ff8bae/1_0/Rendered/PDF/Haiti000Haiti00Report000Sequence007.pdf.

70.       World Bank. Haiti - Education for All Project - Phase II; accessed December 1, 2015; http://www.worldbank.org/projects/P124134/education-all-project-support-second-phase-education-all-program?lang=en.

71.       Organization of American States. Meeting of the XIX Inter-American Conference of Ministers of Labor (IACML) - List of Participants, [online] [cited December 15, 2015]; http://www.oas.org/en/sedi/dsi/labor_and_employment/pages/cpo_trab_IIPreparatoryXIX_IACML.asp.

72.       Organization of American States. Meeting of the XIX Inter-American Conference of Ministers of Labor (IACML) - Declaration of Cancún 2015: "Achieving Decent Work with Social Inclusion and Sustainable Development in the Americas", [online] [cited December 15, 2015]; https://www.oas.org/en/sedi/dsi/labor_and_employment/pages/cpo_trab_XIX_cimt.asp#DOCUMENTS1.

73.       Organization of American States. Meeting of the XIX Inter-American Conference of Ministers of Labor (IACML) - Plan of Action of Cancún: "Achieving Decent Work with Social Inclusion and Sustainable Development in the Americas", [online] [cited December 15, 2015]; https://www.oas.org/en/sedi/dsi/labor_and_employment/pages/cpo_trab_XIX_cimt.asp#DOCUMENTS1.

74.       Catholic Relief Services. Technical Progress Report. Port au Prince; October 2015.

75.       U.S. Department of Labor. Project to Reduce Child Labor and Improve Labor Rights and Working Conditions in Haiti - Let’s Work For Our Rights Technical Cooperation Project Summary; 2013. source on file.

76.       ILO-IPEC. Global Action Program on Child Labor Issues. Technical Progress Report. Geneva; April 2014.

77.       ILO-IPEC Geneva official. E-mail communication to USDOL official. January 9, 2015.

78.       USAID. Request for Application "Protecting the rights of Children, Women, and Youth". Washington, DC; 2011.

79.       USAID official. E-mail communication to USDOL official. February 22, 2013.

80.       Lamaute-Brisson, N. Promotion et protection sociale de l'enfance et de l'adolescence en Haiti. Port of Spain, UN Economic Commission for Latin America and the Caribbean; 2015. http://repositorio.cepal.org/bitstream/handle/11362/37776/S1420892_fr.pdf.

81.       Haiti signaled its commitment to join the SUN Movement on 11 June 2012, Scaling up Nutrition, [online] [cited May 15, 2014]; http://scalingupnutrition.org/sun-countries/haiti.

82.       Haiti Libre. "The Primature Strongly Rejected the Conclusions of the Walk-Free Foundation." haitilibre.com [online] October 23, 2013 [cited May 15, 2014]; http://www.haitilibre.com/en/news-9718-haiti-social-the-primature-strongly-rejected-the-conclusions-of-the-walk-free-foundation.html.

83.       Vantz, B. "Droit de l’enfant  “vòt pam se pou pwoteksyon timoun yo”." Tap Tap Magazine, (June 15, 2015); http://www.taptapmag.com/Droit-de-l-enfant-Vot-pam-se-pou-pwoteksyon-timoun-yo_a375.html.