Country Report on Human Rights Practices for 1987

HAITI.
 
 
 
The attempt to establish democracy in Haiti after 30 years of
dictatorship was thwarted by violence and murder on election
day, November 29, 1987. The November elections had been
designed to provide a peaceful and orderly transition of power
from the current caretaker military-dominated National
Governing Council (CNG) to a freely elected constitutional
civilian government. However, on election day, squads of
armed men, many of them believed to be followers of the ousted
dictator, Jean-Claude Duvalier, attacked polling places
throughout Haiti, killing at least 34 people. There is
evidence that some Haitian military personnel participated in
the carnage on election day. The independently appointed
Provisional Electoral Council (CEP), charged under the
Constitution with overseeing the electoral process, cancelled
elections to avoid further bloodshed. In violation of the
Constitution the CNG subsequently dissolved the CEP, repealed
the electoral law, and appointed another electoral council of
its own choosing. The CNG then scheduled new elections for
January 17, 1988 to be followed by the installation of an
elected civilian president on February 7, 1988. In the
opinion of many Haitians the criteria necessary to make these
elections credible have not been fulfilled.
After the ouster of the Duvalier Government, the CNG was
established to steer the country through the transition
period. This ruling council is currently composed of Lt
.
General Henri Namphy, Major-General Williams Regala (two
original members), and a civilian, Luc B. Hector.
The Haitian Armed Forces (Forces Armees D" Haiti--FAD' H)
perform both defense and police functions, as an integrated
organization of navy, army, air force, and police elements.
The military came under criticism due to involvement of
security force elements in human rights abuses and the
Government's failure to investigate or prosecute these cases.
Haiti's most pressing problem remains its systemic economic
distress. The poorest and most densely populated country in
the Western Hemisphere, Haiti is plagued by malnutrition,
infectious disease, and illiteracy. Soil erosion,
deforestation, and periods of drought afflict the agricultural
sector. The dire poverty of the majority of the population
affects all aspects of Haitian life. Although expectations
were raised and hopes were high following the fall of the
Duvalier dictatorship, most Haitians still live in conditions
of abject economic misery.
The human rights record of the CNG, even prior to the November
elections, was mixed. The major accomplishment of 1987 was a
referendum in which 42 percent of the population
overwhelmingly approved a new Constitution establishing the
legal basis for democratic institutions in Haiti. The
Constitution provides for legislative, judicial, and executive
branches of government headed by an elected President who
appoints a Prime Minister; a bicameral legislature
representing the nine regions of the country; and fundamental
rights and freedoms for all Haitians.
Violence erupted in June and July as many Haitians perceived
the CNG ' s promulgation of an election law restricting the
powers of the constitutionally mandated independent electoral
council as an attempt to subvert or circumvent the new
Constitution. Weeks of violent antigovernment street
demonstrations resulted in numerous deaths and injuries, some
the result of inappropriate crowd control actions by Haitian
security forces. Violence again rose steadily several weeks
prior to the November elections, and the CNG failed to stop
the violence or to provide the necessary security for a fair
and orderly election.
Following the end of the Duvalier dictatorship Haitians
enjoyed a freedom of expression and association which had not
been possible under that regime. Political parties ranging
across the political spectrum organized, recruited members and
presented candidates for public office. A vigorous press
frequently and openly criticized the Government. Since the
aborted November elections, some political groups and
journalists have toned down criticism and political activity
in apparent fear of government reprisal. At the time of the
aborted elections two radio stations often critical of the CNG
were temporarily put out of commission by vandals and
arsonists
.
 
 
RESPECT FOR HUMAN RIGHTS
 
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
 
     a. Political Killing
There is substantial evidence that elements of the Haitian
military were involved in the killings which took place on
election day, November 29, 1987. Several reliable
eyewitnesses have reported seeing uniformed soldiers, in army
vehicles, participating in the election carnage. It does not
appear that the violence was directed at any specific
individuals but rather was designed to prevent voters from
participating in the elections. The Government, which failed
in its promise to provide security for voters on election day,
appointed a commission to investigate the incidents. However,
there have been no arrests or punishments stemming from the
November 29 killings. There is widespread skepticism that the
investigation will yield significant results.
In June and July, military and police forces were responsible
for a number of deaths during demonstrations over political
issues. Approximately 40 people were killed and 70 wounded
during antigovernment demonstrations. There has been no
government or independent investigation into any of these
deaths and no reliable number or list of names of those killed
has been published. There are several well-documented cases
of deaths involving the security forces. Soldiers fired
indiscriminately into a group of taunting youngsters on July
4, killing a 13-year-old boy. During an antigovernment
demonstration on July 29 which most eyewitnesses claim was
progressing peacefully, a small group of soldiers fired
randomly into the crowd. Nine people are believed to have
been killed. On August 1 police shot and killed 3 people in a
crowd which had earlier attacked the driver of a truck
carrying corpses from the Central Hospital to a burial ground.
In other cases, police and military personnel, acting in an
unofficial capacity, were responsible for numerous deaths. In
July an off-duty policeman fired into a crowd of peaceful
protestors, wounding six and reportedly killing one woman.
The identity of the policeman is known; however, no
investigation or prosecution has occurred.
There is evidence that security forces premedi tatedly
targeted, or colluded in the death in October of politician
speech in front of the Port-au-Prince police station.
Eyewitness accounts contradicted the official police version
of the killing and indicated that Volel's attackers emerged
from police headquarters. It is not known whether his
assailants were members of the security forces or were acting
independently with the collusion of some police elements.
Although the police publicly stated they were pursuing an
investigation, no results were ever released.
Less information is available regarding the deaths of
presidential candidate Louis Eugene Athis and two of his
colleagues in early August. Athis and his associates were
killed by local peasants who accused them of being
Communists. Although the Information Ministry stated that
four locals had been arrested in the case and that an
investigation was being prepared, the status of the four
detainees is unknown, and no report was ever released.
Other unexplained killings have been attributed to hit squads
or to men in green uniforms, who are accused of causing a
"reign of terror" throughout the country. The arrests in
February and September of two gangs revealed that, although
gang members wore uniforms, none were members of the military.
They and others perpetrating these murders and many lesser
crimes appear to be common criminals, ex-Tonton Macoutes
(members of the outlawed volunteers for National Security, the
Duvalier family's brutal militia) and military personnel
acting independently to take advantage of the chaotic
situation, particularly in rural areas.
There have also been incidents of violence against soldiers.
In July, a soldier was killed by persons who fired on him from
a private vehicle. During the summer's unrest, homes of
soldiers and police were frequent targets of mob violence.
 
     b. Disappearanceppearance
The Constitution stipulates that all arrests occur openly,
with warrants, and that all arrestees be brought before a
judge. In the days preceding and immediately following the
November 29 elections, approximately 50 young people who had
organized "vigilante brigades" to protect their Port-au-Prince
neighborhoods from preelection violence in the absence of
police protection were reportedly rounded up by army units.
Conclusive information regarding their whereabouts is
unavailable. There are some claims that they are still being
held, and other allegations that they were executed.
Government officials state that they have no information
concerning these alleged disappearances.
The disappearance of Chariot Jacquelin, following an attack on
a police station in 1986, remains unsolved. Members of a
terrorist, criminal gang arrested in February 1987 claimed
that they and other members of the group, including Jacquelin,
had carried out the police station attack, and that they
afterward murdered the wounded Jacquelin to avoid his being
interrogated and betraying them. These allegations have not
been verified. To further complicate the Jacquelin question,
a Haitian Communist Party leader claimed in October 1987 that
Jacquelin had been a member of the Communist Party and that
his death may have been connected with Communist activities.
 
     c. Torture or Other Cruel, Inhuman, or Degrading Treatment or Punishmenture and Other, Cruel, Inhuman, or Degrading
Treatment or Punishment
The new Constitution specifically prohibits physical brutality
during interrogation and provides for the right of the accused
to have a lawyer and witness present during the interrogation
process. While there is no indication of torture, evidence
indicates that police beatings of prisoners remain common
practice in Haiti. The Inter-American Human Rights Commission
of the Organization of American States visited Fort Dimanche
prison in January 1987 and criticized substandard prison
conditions and noted claims by many prisoners of routine
beatings upon arrest.
In 1987, in two cases well documented by U.S. consular
officials, examples of cruel treatment were noted. In the
first case, an American citizen of Haitian birth, suspected of
plotting to overthrow the Haitian Government, was held in
solitary confinement in an earthen underground compartment for
almost 4 months. Food provided by his family to supplement
the poor prison diet was denied him by prison guards. In the
other case, an American citizen of Haitian origin, arrested
for a minor altercation, was severely beaten by club-wielding
police immediately after his arrest.
Several public complaints were made regarding the army's abuse
of peasants in its search for Bernard Sansaricq following his
short lived revolt.
Prison conditions are poor, and prisoners are likely to
encounter limited hygienic facilities, inadsequate food and
health care, and ill-treatment by prison staff.
 
     d. Arbitrary Arrest, Detention, Exile or Forced Laborrary Arrest, Detention, Exile, or Forced Labor
Under Haitian law, a person may be arrested or detained if
apprehended during the commission of a crime or pursuant to a
judicial warrant based on evidence justifying the arrest. In
all other cases, the person arrested must be brought before a
judge within 48 hours to determine the legality of his
detention. If the judge determines that a legal basis for the
arrest exists, the person may be detained for further legal
process; otherwise, he must be released. In practice,
weaknesses in the judicial system usually lead to lengthy
pretrial detention.
Haitian law requires that a suspect be formally charged at
least 2 weeks before trial. By law the accused is permitted
to meet with an attorney immediately before trial, although
defendants are often able to meet informally with counsel
shortly after arrest. There is no public defender or system
of bail in Haiti. However, judges may, and often do, grant
provisional liberty to a prisoner. Civilian cases may be
brought before a jury, and, in the case of military personnel,
before a court-martial.
In February 1987 four members of an organization known as the
Liaison Committee for Democratic Forces were arbitrarily
arrested while conducting a political meeting on the grounds
of the national university. Initially accused of subversive
activity and related protests which were planned for the first
anniversary of the fall of Duvalier, they were released
without charges by a judge after 2 1/2 days of detention.
Local and international human rights groups believe that manyother
arbitrary arrests have secretly taken place and that
detainees are being held without due process of law. Amnesty
International published one list of five persons reportedly
detained in Haiti. Independent sources were able to verify
the safety and whereabouts of only one person named on that
list. Both the Haitian Government and a reputable local human
rights group denied knowledge of the other names on the
Amnesty International list.
In October 1987, national attention focused on the case of
Jean-Raymond Louis, said to have been arrested during a
demonstration in July 1987. Human rights groups claim that
Louis and perhaps many more prisoners, have been held or are
being held by the criminal investigations division of the
Haitian police since the summer's civil unrest. It was while
protesting the apparent detention of Louis that lawyer Yves
Volel was killed in front of the Port-au-Prince police
station. Jean-Raymond Louis was released in December. No
specific charges were ever filed against him.
The Constitution prohibits deportation or forced exile of
Haitian citizens. Returning exiles have 2 years in which to
renounce foreign nationality and regain Haitian nationality.
In two controversial incidents, persons who were originally
Haitian and who had adopted foreign nationality while in exile
were expelled from the country. In January a U.S. citizen of
Haitian origin was expelled as an undesirable alien following
antigovernment remarks. In October a declared candidate for
mayor of Port-au-Prince and an active critic of the Government
was forcibly expelled, reportedly as a result of engaging in
antigovernment activities and political affairs in Haiti while
retaining Canadian citizenship.
Forced or compulsory labor is not employed in Haiti.
 
     e. Denial of Fair Public Trial of Fair Public Trial
The Constitution provides for the right to a fair public
trial, but weaknesses in the judicial system deny this right
in practice. Misunderstanding, illiteracy, and a fear bred of
30 years of dictatorship caused many Haitians to ignore the
summons for jury duty. Several trials scheduled for the
spring judicial session had to be postponed for lack of
jurors. During the 1986-1987 judicial session, public trials
of several Duvalier era officials were completed. Other cases
involving human rights abuses, notably the deaths of students
in Gonaives prior to the fall of Duvalier, were still pending
at year's end.
Arraignments and trials are held in public and often receive
extensive media coverage. Defendants have the right to be
present and to be represented by a lawyer. In several well
publicized cases, such as the arrests of journalist Jean-Max
Blanc (July) and the organizers of the CATH Labor Union Strike
(June), arrestees were released within days of their arrest
when judges found no reason to lay charges and conduct a trial,
In remote rural areas, a swift vigilante style justice,
particularly in cases of theft, is often meted out by
peasants. The Government, with its extremely limited
resources, often does not investigate such incidents.
 
     f. Arbitrary Interference with Privacy, Family, Home or Correspondencerary Interference with Privacy, Family, Home, or
Correspondence
There is no evidence of direct government interference with
individual privacy or the sanctity of the family, home, or
correspondence.
 
Section 2 Respect for Civil Liberties, Including:
 
 
     a. Freedom of Speech and Pressof Speech and Press
Freedom of expression for all citizens is provided for by the
Constitution and in practice public dialog flourished after
the departure of Duvalier. There are several privately owned
daily and weekly newspapers and radio stations, including
influential stations owned and operated by the Protestant and
Catholic churches. The Government operated the newspaper
Haiti-Liberee, which ceased publishing in July 1987 apparently
for financial reasons, Radio Nationale, and a television
station. A privately owned cable television system also
operated independently. Print and broadcast media, both
public and government-owned, were highly critical of the
Government prior to the November elections, giving voice to
political and civic organizations across the spectrum. Since
November 29 the government-owned television and radio stations
have followed a staunchly progovernment editorial line.
Privately owned radio, television, and print media remain
uncensored.
Under the CNG several formerly prohibited publications were
freely available. Foreign publications were sold and
distributed without interference. Cable facilities provided
access to television programs from abroad, with no government
censorship.
In spite of progress in freedom of the press, the civil unrest
of the summer precipitated incidents of serious harassment of
journalists. In at least five separate incidents, members of
the FAD'H threatened both foreign and Haitian journalists who
were legitimately pursuing their professional duties.
Journalist Jean-Max Blanc was arrested and held in detention
for several days before he was released by a judge.
Journalists present at the death of Yves Volel were roughed up
and cameras and film were confiscated by Volel's assailants.
Cameras, without film, were later returned without explanation
by police authorities.
At the height of the summer's disturbances, seven local radio
stations were the targets of gunfire during the night by
unknown persons. Critics claim that the army was responsible
but the Government denied the charges. No investigations are
known to have been carried out.
Immediately preceding the elections armed attacks were again
made on radio stations. Transmitters of four independent
influential radio stations were firebombed, and the stations
were rendered inoperative. Two stations have subsequently
undergone repairs and returned to the air. The Government has
not yet conducted an investigation to discover the
perpetrators of these attacks.
On election day, the armed gangs which disrupted the voting
process deliberately fired upon members of the local and
international press corps. Dominican cameraman Carlos Grullon
was killed and several journalists were wounded in election
day violence. The Government has not thus far undertaken
investigations to identify or punish perpetrators of these
attacks.
 
     b. Freedom of Peaceful Assembly and Associationof Peaceful Assembly and Association
Freedom of peaceful assembly and association are provided for
by the Constitution. Political parties and human rights
groups as well as other private organizations have been very
active since the overthrow of Duvalier in 1986.
In response to the summer protest activities, in July the CNG
announced a decree requiring prior notification to government
authorities for public meetings or marches. The organizers of
a march must identify themselves and the plans for their
demonstration. The organizer is held personally responsible
for the good behavior of the participants and exhortation or
invocation to crime or disorder can lead to fine or
imprisonment. Thereafter, the police are supposed to assure
the protection of the orderly demonstrators. However, the
first protest to be held after the announcement of this decree
on July 29 was characterized by police violence and several
deaths. Subsequently several small demonstrations followed
the outlined procedures and received government cooperation
and protection.
There are currently 17 officially registered political
parties, recognized by the Haitian Ministry of Justice in
conformity to the July 1986 law which outlined procedures for
recognition of parties. In addition, numerous other parties
ranging across the political spectrum were allowed to function
though they have not as yet fulfilled all registration
requirements or in some cases even applied for registration.
In addition to political organizations, freedom of
association was evident in various human rights, civic,
fraternal, and recreational groups which functioned unimpeded
by government interference.
Haitian labor unions remain in their infancy due to social,
historic, and economic reasons. Forbidden under the Duvalier
dictatorship until 1981, they were then allowed to operate
only within strictly circumscribed limits. It was not until
Duvalier's departure that unions were finally allowed to
operate freely. Even with no government interference the
relatively new phenomenon of trade unionism has not developed
quickly in Haiti, where unemployment is estimated to affect 50
percent or more of the available work force, and where
employers, used to working without unions, resist organizing
efforts. The few operating unions depend largely on outside
sources for their financial support. No unions are known to
subsist on dues paid by their members. Union contracts do not
yet exist; rather, informal, unofficial, unwritten agreements,
in some cases tacit acceptance, allow the presence of unions
in plants. Formal management recognition of unions as
bargaining agents is not yet the norm even in those plants
where unions have organized.
The Autonomous Central of Haitian Workers (CATH) , the
Federation of Union Workers (FOS) , and the Autonomous Central
of Haitian Workers/Latin American Workers Central (CATH/CLAT)
,
are the three major union federations. Until the unsettled
election period, all had open contact with international labor
organizations: FOS with the International Confederation of
Free Trade Union; CATH/CLAT with the Christian Democratic
World Confederation of Labor; and CATH with Canadian unions.
It is impossible to judge accurately the size of their
membership, because each claims thousands of unemployed or
peasant members. It is estimated that each probably has fewer
than 3,000 members actually engaged in full time employment
who are members of local unions, which usually represent all
workers in individual factories. Strikes occur from time to
time, usually over nonsalary issues, and seem, on the whole,
to be settled largely without the representation of the union
federations. Union leaders usually play a behind-the-scenes
role since most managers will not deal with them directly.
In June the Government dissolved the trade union CATH after
the union called a general strike which resulted in widespread
rumors of violence. After substantial popular protest, the
union was allowed to reopen within a month. CATH has operated
without interference since then. The Government stressed that
the order closing CATH was issued not because of CATH ' s labor
activities, but because of alleged unconstitutional, political
actions. There were no other reports of government
interference in legitimate union operations during 1987.
In 1987 the Ministry of Social Affairs initiated work on a new
labor code, as much to encourage union-management interaction
as to make needed changes in the code. However work has
proceeded slowly because of mistrust on both sides of the
bargaining table, and few are optimistic that the code will be
completed soon.
 
     c. Freedom of Religionof Religion
Religion is an integral part of Haitian life and culture and
is practiced widely with no interference from the Government.
Roman Catholicism is embraced in varying degrees by about 75
percent of the population. Voodoo, a mixture of African
animism and Christianity, is also practiced by a majority of
Haitians. Various Protestant denominations and foreign
missionary groups openly proselytize in Haiti. There are no
government restrictions on missionary activities, affiliations
with overseas coreligionists or religious instruction and
publishing. The CNG criticized alleged Catholic and
Protestant Church political activity following the November 29
elections, but made no attempt to curtail freedom of religion.
 
     d. Freedom of Movement Within the Country, Foreignof Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Government does not normally restrict domestic travel of
citizens or foreigners. An irregular network of military
checkpoints operates across Haiti and foreigners and
interurban travelers infrequently are asked to register when
entering certain towns. There are no restrictions on persons
changing their residences or place of employment.
The CNG eliminated the need for reentry visas for Haitian
citizens in late 1986 and abolished the requirement for exit
visas in 1987. These two changes were incorporated in the new
Constitution. Every Haitian citizen is eligible for a
passport, and generally speaking travel documents are neither
issued nor denied on the basis of political considerations.
However, since November 29, 3 Haitian citizens who were
prominent in the electoral process have been prohibited from
leaving Haiti, as has one anti-CNG political activist. These
restrictions were applied in the final days of December 1987
and the first days of 1988, and their final outcome is still
unresolved. Haitians who departed under the Duvalier regime.
particularly those with skills or professions, have been
encouraged by the CNG to return to Haiti.
Economic migrants continue to leave Haiti, bound for
destinations in the United States or for more prosperous areas
of the Caribbean. Pursuant to a 1986 U.S. -Haitian agreement
on the interdiction of undocumented migrants, around 3,000
illegal migrants were repatriated from international waters to
Haiti by the U.S. Coast Guard in 1987. Immigration and
Naturalization Service officers are embarked on the Coast
Guard vessels to interview potential applicants for political
asylum.
 
 
Section 3 Respect for Political Rights: The Right of Citizens to Change Their Gonvernment
 
Through most of 1987, Haitian political activity focused on
the movement toward an elective democratic system. After 30
years of dictatorship, Haitians engaged in efforts to
establish a democratic system and had made notable progress
toward establishing democratic institutions. Political
parties emerged, and a civic motivation campaign was designed
to encourage democratic participation. The first successful
exercise of political rights came with the March 1987
constitutional referendum in which all Haitians were able to
exercise their fundamental right to vote. They voted
overwhelmingly for a new Constitution which accords a wide
range of human and civil rights, including freedoms of speech,
assembly, religion, and press. The Constitution also contains
provisions designed to prevent the concentration of power in
the hands of any one governmental sector, and it bans political
activity by the armed forces.
The democratic process received its first setback in July when
the Government refused to promulgate the election law drafted
by the constitutionally mandated independent Election Council
and substituted its own election law instead. This led to an
oubreak of violence, which in turn led to the postponement of
local elections. The Government subsequently withdrew its
election law and accepted a new law written by the independent
Election Council. Progress toward elections resumed after the
summer's disruptions, and political parties and candidates
campaigned openly. As the November 29 election day neared,
the campaign and electoral process were increasingly
undermined by a climate of violence which included attacks on
party headquarters, election centers, printing presses, and
radio stations. These activities were generally believed to
have been instigated by followers of the Duvaliers who hoped
to regain control of the country. The Government made no
significant effort to suppress the violence.
The violence which disrupted the November elections has at
least temporarily thwarted the democratic process and has
threatened hopes for the establishment of democratic
institutions. CNG-supervised elections were to be held
January 17, 1988 with inauguration of the elected civilian
president scheduled to take place on February 7, 1988, (the
date also envisioned in the original electoral schedule).
However, many social and political parties, including those of
the four major presidential candidates, urged a boycott of the
government-sponsored elections.
 
 
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
 
The Government has allowed the United Nations and Organization
of American States to observe Haitian human rights
conditions. In January the Inter-American Human Rights
Commission of the Organization of American States (lAHRC)
visited Haiti. Due to a misunderstanding the Government
objected to the lAHRC observing prison conditions, but later
granted access to prisoners.
The Report of the Special Representative of the U.N. Human
Rights Commission (UNHRC) , issued in March, noted achievements
made by the CNG and the "unreserved cooperation of the
Government of Haiti."
The International Committee of the Red Cross, Americas Watch,
and Amnesty International also sent delegates to Haiti during
1987 without Haitian government interference.
Several internal human rights organizations exist. The
groups' leaders are active in politics, some in organizing
opposition to the CNG. The Government has not impeded the
formation of human rights groups nor prevented them from
making international contacts.
 
 
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
.
Ninety-five percent of Haitians are descendents of African
slaves who gained their independence from France in 1804, and
the rest are mulatto, mostly mixed African-European ancestry.
A small number are of European or Middle Eastern descent.
Under Haitian law no distinctions are made with regard to race,
Haiti has two official languages, French and Creole. All
Haitians speak Creole, but French is primarily limited to the
educated classes. The guestion of which language should
dominate is a politically charged issue. There is no official
linguistic discrimination, but social class divisions can be
drawn closely on linguistic lines.
The role of women in Haiti is limited by tradition, but there
is no legal discrimination between the sexes. Women enjoy
egual legal rights in education, property, and voting.
Peasant women are largely confined to traditional occupations
such as farming, marketing, and domestic tasks. Middle class
women make up a large proportion of the work force and
dominate the secretarial, nursing, and teaching professions.
Greater opportunities have recently opened up to women in the
government and senior-level private sector jobs. Men and
women are generally paid equally for equal work.
 
 
CONDITIONS OF LABOR
 
Conditions of labor in Haiti are strongly influenced by the
general economic situation in the country. At less than $400
per year, Haiti's per capita income is the lowest in the
Western Hemisphere. Some economists estimate that Haiti has
an unemployment and underemployment rate of 50 percent of the
working population.
The labor code, revised in March 1984, governs individual
employment contracts, protects apprentices and women, and
establishes minimum health and safety standards, particularly
for hazardous occupations. The code sets the normal workday
at 8 hours. The work week is 48 hours with 24 hours rest on
Sunday. The code provides for paid annual leave of at least
15 consecutive days. Workers may take up to 15 days annual
sick leave. The labor code also mandates a daily minimum wage
of $3.00 in the Port-au-Prince area and $2.64 in the rest of
the country. Minimum age for factory employment is 12, and
fierce adult competition ensures that child labor is not a
factor in the industrial sector. In both rural and urban
areas children often work at odd jobs to help supplement the
family income.
The Government does not have the machinery to systematically
enforce labor laws regarding wages and minimum safety
regulations, but they seem to be generally adhered to by the
industrial sector. Many Haitians support themselves privately
by acting as middle men in the extensive second economy. For
these marginally employed workers there is virtually no safety
net between them and abject poverty. There are few
educational, health, hygienic, public housing, or other social
services available to the average Haitian, particularly
outside of Port-au-Prince.