Country profile HTI
Context
Context
| Year | Age group | Proportion | Gender | Indicator | Source |
|---|---|---|---|---|---|
| 2012 | 5-14 | 22.442 | Male | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2012 | 5-14 | 20.218 | Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2012 | 5-14 | 21.606 | Male & Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2012 | 5-14 | 44.008 | Male | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2012 | 5-14 | 26.16 | Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2012 | 5-14 | 35.502 | Male & Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2003-06-05 ; 1985-09-23 | C182 | 2003 Act for the prohibition and elimination of all forms of abuse, violence, ill-treatment or inhumane treatment of children - Section 2(3) ; Penal Code - Section 469 | [{"link_name":"-2003 Act","source_link":"https://www.refworld.org/legal/legislation/natlegbod/2003/en/82226"},{"link_name":"-CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4060934,102671"},{"link_name":"-Penal Code","source_link":"https://www.oas.org/juridico/PDFs/mesicic4_hti_penal.pdf"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Section 2(3) of the Act of 2003 prohibits the offering, procuring, transfer or use of children for illicit activities. 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. In its CEACR Direct Request adopted in 2020 on C182, the Committee 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. However, 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. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2003-06-05 | C182 | 2003 Act for the prohibition and elimination of all forms of abuse, violence, ill-treatment or inhumane treatment of children - Section 2 | [{"link_name":"-2003 Act","source_link":"https://www.refworld.org/legal/legislation/natlegbod/2003/en/82226"},{"link_name":"-CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4060934,102671"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Section 2 of the Act of 2003 prohibits use, procuring, transport, transfer, accommodation, reception or use of children for sexual exploitation, prostitution and pornography; however no penalties have been established for violations of this provision. In its CEACR Direct Request adopted in 2020 on C182, the Committee noted the Government’s indication that it was planning to refer the issue of the penalties to be imposed for violations of the Convention to the authorities responsible for judicial reform. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 2003-06-05 | C182 | 2003 Act for the prohibition and elimination of all forms of abuse, violence, ill-treatment or inhumane treatment of children - Section 2 | [{"link_name":"2003 Act","source_link":"https://www.refworld.org/legal/legislation/natlegbod/2003/en/82226"}] | No | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Section 2 of the Act of 2003 prohibits the recruitment of children for use in armed conflict, however no penalties have been established for violations of this provision. The Committee noted the Government’s indication that it was planning to refer the issue of the penalties to be imposed for violations of the Convention to the authorities responsible for judicial reform. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2014-06-02 | C182 | Law No. CL/2014-0010 on the fight against trafficking in persons | [{"link_name":"Law No. CL/2014-0010 on the fight against trafficking in persons","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/110897/HTI-110897.pdf"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Law No. CL/2014-0010 of 2 June 2014 on the fight against trafficking in persons, provides for sanctions of life imprisonment for trafficking of children where trafficking includes forced labour, serfdom and sexual exploitation. |
| List of hazardous activities prohibited for children | 2003-06-05 | C138 & C182 | 2003 Act for the prohibition and elimination of all forms of abuse, violence, ill-treatment or inhumane treatment of children - Section 2(5) | [{"link_name":"-2003 Act","source_link":"https://www.refworld.org/legal/legislation/natlegbod/2003/en/82226"},{"link_name":"-CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4060934,102671"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | Section 2(5) of the 2003 Act for the prohibition and elimination of all forms of abuse, violence, ill-treatment or inhumane treatment of children, prohibits engaging children in work which is likely to harm their health, safety or morals. The Committee notes that a list of hazardous work prohibited for children under 18 years of age was concluded by the CNT (ILO, press release, 14 August 2019). The 2003 Act for the prohibition and elimination of all forms of abuse, violence, ill-treatment or inhumane treatment of children (Act of 2003), prohibits the exploitation of children, including servitude, forced or compulsory labour and forced services. In its CEACR Direct Request adopted in 2020 on C182, the Committee noted, however, that the Act of 2003 does not provide for penal sanctions for 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 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. |
| Minimum age for hazardous work | 2003-06-05 | C138 & C182 | Labour Code - Section 333 | [{"link_name":"Labour Code","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/135/HTI-135.pdf"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | According to Section 333 of the Labour Code, minors (defined by Article 16.2 of the Constitution of Haiti, as persons under 18 years of age) should not be employed in work which is insalubrious, arduous or physically or morally hazardous. |
| Minimum age for admission to apprenticeship | 2003-06-05 | C138 | Labour Code - Article 73 | [{"link_name":"Labour Code","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/135/HTI-135.pdf"}] | 14 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | Article 73 of the Labour Code sets at 14 the minimum age for apprenticeship. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 1982-03-30 | C138 | Decree of 30 March 1982 organizing the educational system of Haiti - Section 23 | [{"link_name":"Decree of 30 March 1982","source_link":"https://mit-ayiti.net/wp-content/uploads/2023/06/Decret-Organisant-le-Systeme-Educatif-Haitien-DEN-1982.pdf"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Pursuant to Section 23 of the Decree of 1982, fundamental education is compulsory for children between 6 and 15 years of age, thereby linking the age of completion of compulsory education with the minimum age for admission to work in Haiti (also 15 years as per the Labour code of 2003). |
| Light work - Determination of types and conditions of activities | N/A | C138 | N/A | [{"link_name":"CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4116044,102671:NO"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | Light work is not permitted. In its CEACR Direct Request adopted in 2021 on C138, the Committee encourages the Government to consider the possibility of regulating light work for persons between the ages of 12 and 15, in conformity with Article 7 of the Convention. |
| Minimum age for light work | N/A | C138 | N/A | [{"link_name":"CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4116044,102671:NO"}] | N/A | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | No minimum age for admission to light work is set. In its CEACR Direct Request adopted in 2021 on C138, the Committee encourages the Government to consider the possibility of regulating light work for persons between the ages of 12 and 14 (or between the ages of 13 and 15 if the general minimum age is raised to 15 years), in conformity with Article 7 of the Convention. |
| Minimum age for admission to work | 2003-06-05 | C138 | Labour Code - Section 335 | [{"link_name":"-Labour Code","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/135/HTI-135.pdf"},{"link_name":"-CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4116044,102671"}] | 15 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Section 335 of the Labour Code sets the minimum age for admission to work in agricultural, industrial and commercial enterprises at 15 years. In its CEACR Direct Request adopted in 2021 on C138, the Committee noted that 'pursuant to section 2 of the Labour Code, the term “work” applies only to activities performed on the basis of an employment contract. The Committee requests the Government to provide information on the general position as regards the employment or work of children in the branches of activity, which are excluded from the scope of application of the Convention.' |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 19-JUL-2007 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 03-JUN-2009 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| Research did not provide evidence of any specific action plans or strategies specifically addressing child labour. | [{"link_name":"Source","source_link":"No information"}] | No information | No information | No information |