Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Forced Labour Convention, 1930 (No. 29) - Haiti (Ratification: 1958)

The Committee notes that the Government’s report has not been received. In its previous comments, the Committee has examined the situation of children employed as domestic servants in conditions of forced labour. Considering that Haiti has ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee refers to its comments under this later Convention. Regarding the issue of trafficking in persons, the Committee repeats its previous comments which read as follows:

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted the report by the Research Mission of the General Secretariat of the Organization of American States (OAS) on the situation regarding the trafficking in persons in Haiti, dated September 2006, which emphasized a trend towards the systematic organization of trafficking in persons in Haiti, which can be explained by the deterioration of the socioeconomic and political situation in the country over recent years which precludes an effective response to the basic needs of the population and paves the way for an increase in all forms of human exploitation and unlawful economic activity.

In its latest report, the Government mentions the implementation of a plan which includes increasing the number of police officers at the border with the Dominican Republic with a view to preventing illegal crossings and at the same time reducing the trafficking of children and persons in general. The Government also mentions the drafting of two bills aimed at protecting the victims of trafficking, in particular children. The Government indicates that the National Migration Office assists Haitians who have been turned away at the border in returning to their community with the help of public aid. Finally, the Government indicates that the Ministry of Social Affairs and Labour, together with the Ministry of Foreign Affairs, is currently studying the problem of the exploitation of persons in the Dominican Republic on sugar cane plantations and the reduction of children to begging in that country and intends to hold bilateral talks aimed at solving this problem.

The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (see document CEDAW/C/HTI/CO/7, 10 February 2009, paragraph 27) urging the Government “to intensify its efforts to combat all forms of trafficking in women and girls”. It notes that the UN Committee also asks the Government “to expedite adoption of the draft bill on all forms of trafficking and to ensure that the new law allows prosecution and punishment of perpetrators, effective protection of victims and adequate redress”. Finally, it notes that the UN Committee encourages 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 requests the Government to provide information on the draft laws mentioned in the Government’s report, in particular the draft law on trafficking. Please provide a copy of the texts concerned as soon as they have been adopted. In addition to the legislative measures taken, the Committee requests the Government to continue to provide information on other measures taken to combat the trafficking in persons, in particular: repressive measures (including statistics on the number of cases of trafficking examined by the authorities and the number of sentences imposed by the courts); public awareness raising, with a special emphasis on those most vulnerable; and assistance for victims. Please also provide information concerning the measures taken and results achieved with regard to bilateral and multilateral cooperation with neighbouring countries, in particular the Dominican Republic.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.