2020 Findings on the Worst Forms of Child Labor: Haiti

 
Moderate Advancement

In 2020, Haiti made moderate advancement in efforts to eliminate the worst forms of child labor. The government adopted the National Social Protection and Promotion Policy that aims to build institutional resilience for social protection against economic shocks and health crises, including efforts to identify and remove children from work and provide vocational training for youth. It also established task forces to combat human trafficking in three provinces, and collected data from 83 organizations to develop an interactive map of service providers for victims of human trafficking in the West, North-East, and Central Plateau regions. However, children in Haiti are subjected to the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking. Children in Haiti also perform dangerous tasks in agriculture and domestic work. Minimum age protections for work apply only to children with a formal employment contract, which does not comply with international standards requiring all children to be protected. In addition, Haiti lacks a clear, easily applicable minimum age for domestic work and a list of hazardous occupations prohibited to children. Likewise, labor inspectors are not authorized to assess penalties and social programs to combat child labor are insufficient to adequately address the extent of the problem.

I. Prevalence and Sectoral Distribution of Child Labor

Children in Haiti are subjected to the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking. Children also perform dangerous tasks in agriculture and domestic work. (1-5) 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. 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

Children

Age

Percent

Working (% and population)

5 to 14

34.4 (815,993)

Attending School (%)

5 to 14

92.4

Combining Work and School (%)

7 to 14

34.9

Primary Completion Rate (%)

 

Unavailable

Primary Completion Rate was unavailable from UNESCO Institute for Statistics, 2021. (6)
Source for all other data: International Labor Organization’s analysis of statistics from Enquête Mortalité, Morbidité et Utilisation des Services (EMMUS-V), 2012.
(7)

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

Raising livestock (1,8)

 

Capturing and processing fish (2,5,8,9)

Industry

Construction, including transport of construction materials such as sand and rocks (2,3,5,9)

 

Producing metal crafts (10)

Services

Domestic work (4,11,12)

 

Transporting and selling alcohol† and tobacco (2,8)

 

Street work, including vending, begging, shining shoes, washing cars; and carrying water, firewood, goods, and luggage in public markets and bus stations (1-3,5,9,12)

Categorical Worst Forms of Child Labor‡

Forced labor in domestic work, agriculture, street vending, and begging, each sometimes as a result of human trafficking (2-5,12-14)

 

Use in illicit activities, including by criminal groups in drug trafficking (8,12,15)

 

Commercial sexual exploitation, sometimes as a result of human trafficking (3,9,12,16,17)

† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ 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 that there were approximately 286,000 child domestic workers in Haiti, 207,000 of whom were lagging behind in school or had significantly lower school enrollment rates. (5,9,18,19) Moreover, most of Haiti's human trafficking cases involve children subjected to forced labor as domestic workers. These children commonly called restavèk are often physically abused, sexually exploited, and uncompensated for their services. (5,20) Traffickers use church, sport, or family networks to locate and traffic children from poor families and transport them to families that request their service as a form of indentured servitude. (20) Many of these children flee and end up living on the streets, where they face the risk of being trafficked again. (5) Some parents who are unable to care for their children send them to residential care centers or to relatives or strangers who are expected to provide the children with food, shelter, and schooling in exchange for household work. In practice, some of these children receive care and access to education, while many others become victims of labor exploitation and abuse. (3,4,11,12,21)

In addition, Haiti has over 750 orphanages that house over 25,000 children who may be vulnerable to human trafficking and child labor in lieu of attending school. (19) Only 105 of the 750 orphanages in the country are licensed. (20) According to a study by the Institute of Social Welfare and Research (IBESR), an arm of the Ministry of Social Affairs and Labor (MAST), a majority of Haiti's orphanages fail to comply with the government's care standards. There is evidence that some children in orphanages engage in child labor for domestic work and are prevented from attending school. (12,19,22,23) Reports indicate that traffickers also target children in private and NGO-sponsored residential care centers. (5) In the past few years, the government has closed 160 unaccredited orphanages and is now focusing on promoting child fostering as an alternative to prevent child labor in residential institutions. (19,22,23)

According to some reports, children are often forced into commercial or transactional sex to fund basic needs such as school-related expenses. Impoverished children are often subjected to sexual exploitation and abuse. (24) Criminal gangs recruit children as young as age 10 and subject them to sexual exploitation and pornography. (24) Haitian children are victims of human trafficking not only internally, but also externally, primarily to the Dominican Republic, other Caribbean countries, South America, and the United States. (12,20,25) NGOs have reported that children illegally crossing the Haiti-Dominican Republic border are often accompanied by adults paid to pose as the children's parents or guardians until they reach the Dominican Republic. (2,9,12,25,26) Some of these children are reunited with relatives in the Dominican Republic, while others are forced into commercial sexual exploitation, domestic work, agriculture, street vending, and begging. (2,9,16,27) In addition, Haiti is a destination country for child sex tourists, primarily from the United States and Canada. (20)

In 2020, the Government of the Dominican Republic continued to involuntarily repatriate individuals with irregular migration status to Haiti, pursuant to Dominican law. (28-31) Some of these repatriated individuals included children who now reside in Haiti at camps near the border with the Dominican Republic, where schools and other basic services are not available. Repatriated children may not speak French or Haitian Creole, the languages of instruction in public Haitian schools. (3,14,32,33) Whether they've been deported to Haiti or voluntarily returned, these children are vulnerable to the worst forms of child labor. (16,33)

The Haitian Constitution guarantees a right to free primary education, which is also compulsory under the law. (34,35) But because approximately 90 percent of all existing schools are private, most Haitian children are enrolled in private schools that charge tuition and other fees, which make education prohibitively expensive to many families. (1,3) In addition, many children in Haiti are not registered at birth, and unregistered children are not able to access social services and educational programs provided by the government. (8) Children born in rural communities are less likely to be documented than children in urban areas. (24)

Other children, especially in rural areas, do not attend school due to the lack of school infrastructure and limited availability of teachers. Out-of-school children are more vulnerable to the worst forms of child labor. (1,3,14) In addition, the Ministry of Education recommends that a child be between ages 11 and 13 when transitioning to secondary school. Overage children must integrate into a special group that attends school during the evening. (34,36,37) However, research did not find evidence that schools provide instruction during the evening for special groups. (38) Research also indicates that less than 14 percent of children with disabilities attend school. (24)

In 2020, a majority of schools were closed for at least 115 days due to the COVID-19 pandemic and civil unrest. (12) As a result, an estimated four million children reportedly missed out on dozens of school days, a state of affairs that was especially pronounced in urban areas such as Port-au-Prince, Cap Haitien, and Les Cayes. (39) This was in addition to the 60 school days students lost in 2019 during the country's lockdowns following severe protests. Consequently, more than 70 percent of school children lost a complete school year. (39) Many children who were already vulnerable may never return to school as a result. (39)

II. Legal Framework for Child Labor

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 (Table 4). However, gaps exist in Haiti’s legal framework to adequately protect children from the worst forms of child labor, including the minimum age for work and the age for compulsory education.

Table 4. Laws and Regulations on Child Labor

Standard

Meets International Standards

Age

Legislation

Minimum Age for Work

No

16

Article 340 of the Labor Code; Article 10 of the Law Organizing and Regulating Labor (40,41)

Minimum Age for Hazardous Work

Yes

18

Articles 333–334 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) (40,42)

Identification of Hazardous Occupations or Activities Prohibited for Children

No

 

Articles 333–336 of the Labor Code (40)

Prohibition of Forced Labor

No

 

Article 4 of the Labor Code; Article 2 of the Act of 2003 (40,42)

Prohibition of Child Trafficking

Yes

 

Article 2 of the Act of 2003; Article 1.1.1 of the Anti-Trafficking in Persons Law (42,43)

Prohibition of Commercial Sexual Exploitation of Children

Yes

 

Article 2 of the Act of 2003; Articles 279–281 of the Penal Code; Article 1.1.17 of the Anti-Trafficking in Persons Law (37,42,43)

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 (42,44)

Minimum Age for Voluntary State Military Recruitment

No

   

Prohibition of Compulsory Recruitment of Children by (State) Military

Yes

 

Article 268 of the Constitution (34)

Prohibition of Military Recruitment by Non-state Armed Groups

Yes

 

Article 70 of the Penal Code; Article 2 of the Act of 2003 (37,42)

Compulsory Education Age

No

15

Article 23 of the Decree on the Reorganization of the Haitian Education System (35)

Free Public Education

Yes

 

Articles 32.1 and 33 of the Constitution (34)

The Labor Code, which establishes the penalty for violations of the minimum age for work, applies only to workers who perform work under a formal employment agreement, which does not conform to international standards that require all children to be protected under the law establishing a minimum age for work. (1,38,40) Furthermore, as the minimum age for work is 16, children age 15 are vulnerable to exploitative child labor because they are not required to attend school but also are not yet legally permitted to work. (35,40)

In addition, it is unclear whether there is a minimum age for domestic work because 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, which set the minimum age for domestic work at age 12. (1,38,40,42)

The Labor Code prohibits children under age 18 from working in establishments that sell alcohol and from working at night in industrial enterprises. (41,45) However, the types of hazardous work prohibited for children do not cover agriculture, an economic sector in which children are exposed to hazardous substances and agents and to temperatures that can damage their health. (2,15,44-47) In 2020, Haiti's National Tripartite Commission for the Elimination of the Worst Forms of Child Labor updated the draft hazardous work list to include agriculture and livestock, mines and quarries, construction, transportation, and domestic work, but the draft list remains unapproved by Parliament for the sixth consecutive year. Haiti's failure to hold legislative elections in 2019 caused the parliament to lapse in January 2020, and without a functioning parliament, the Haitian Government is not fully operational and is not able to pursue legal reforms. (12)

Laws related to forced labor are not sufficient, as forced labor is not criminally prohibited. The Anti-Trafficking in Persons Law criminalizes trafficking for forced labor, including recruitment, transportation, and accommodation for that purpose, but does not independently criminalize forced labor. (43) Research could not find evidence of any other legal provision criminally prohibiting forced labor.

Although Haiti's Constitution establishes the age for compulsory military recruitment at age 18 and sources suggest recruitment materials set the minimum age for voluntary recruitment at that age, research could not find evidence of a law that establishes the age for voluntary recruitment. (8,34,48,49)

III. Enforcement of Laws on Child Labor

The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the authority of enforcement agencies that may hinder adequate enforcement of their child labor laws.

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

Ministry of Social Affairs and Labor (MAST)

Enforces laws related to child labor by issuing employment permits to approve certain forms of minor labor for children between ages 15 and 18, receiving complaints, conducting investigations, and referring cases to juvenile courts. (12,41,50) Develops and implements programs to raise awareness of child labor and provide social services to child victims of labor exploitation. (4,9,50) Its agents at the Institute of Social Welfare and Research (IBESR) perform child protection inspections, which include following up on reported incidents of child labor, and are responsible for accrediting residential care centers. (51)

Brigade for the Protection of Minors (BPM)

Investigates crimes of the worst forms of child labor, including child trafficking and commercial sexual exploitation. Submits investigations to judicial authorities for criminal prosecutions and refers child victims to IBESR. (4,12) Housed within the Haitian National Police, maintains 22 offices around the country, including 2 offices along the Haiti-Dominican Republic border. (12)

POLIFRONT

Enforces Haiti's Customs Code and investigates transnational crimes, including child trafficking. (12) Is also responsible for referring cases of vulnerable migrants, including minors, to IBESR. Serves as the Border Police Unit of the Haitian National Police. (12) Cooperates with the Dominican Republic Border Police. (52,53) Operates at the border crossings of Ouanaminthe and Anse-à-Pitres, and reportedly plans to establish a permanent presence in Malpasse and Belladère (the other two official border-crossing points) by 2021. (15,52,54,55)

Labor Law Enforcement

In 2020, labor law enforcement agencies in Haiti took actions to combat child labor (Table 6). However, gaps in MAST's authority may hinder adequate labor law enforcement, including the lack of authority to assess penalties.

Table 6. Labor Law Enforcement Efforts Related to Child Labor

Overview of Labor Law Enforcement

2019

2020

Labor Inspectorate Funding

Unknown (8)

Unknown (12)

Number of Labor Inspectors

Unknown (8)

Unknown (12)

Inspectorate Authorized to Assess Penalties

No (40)

No (40)

Initial Training for New Labor Inspectors

N/A (8)

Unknown (12)

Training on New Laws Related to Child Labor

N/A

N/A (12)

Refresher Courses Provided

Yes (8)

Yes (12)

Number of Labor Inspections Conducted

Unknown (8)

Unknown (12)

Number Conducted at Worksite

Unknown (8)

Unknown (12)

Number of Child Labor Violations Found

Unknown (8)

Unknown (12)

Number of Child Labor Violations for Which Penalties Were Imposed

Unknown (8)

Unknown (12)

Number of Child Labor Penalties Imposed that Were Collected

Unknown (8)

Unknown (12)

Routine Inspections Conducted

Yes (8)

Unknown (12)

Routine Inspections Targeted

Yes (8)

Unknown (12)

Unannounced Inspections Permitted

Yes (40)

Yes (40)

Unannounced Inspections Conducted

Yes (8)

Unknown (12)

Complaint Mechanism Exists

Yes (8)

Yes (12)

Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services

Yes (8)

Yes (12)

The government provided little information on its labor law enforcement efforts for inclusion in this report.

In 2020, in addition to operational challenges due to the pandemic, research indicates that the lack of sufficient resources, such as the means of transportation, fuel, and appropriately equipped workplaces, hampered MAST’s enforcement efforts, including IBESR’s capacity to enforce child labor laws by conducting an adequate number of labor inspections. (2,8,12,15,56) Furthermore, IBESR reported that it was unable to conduct a single child protection inspection in 2020, including following up on reported incidents of child labor, in part due to the negative impact the pandemic had on the government's ability to operate. (12)

IBESR inspectors received virtual training on handling cases of domestic child labor from the ILO in December 2020. Despite this, according to IBESR, inspectors received insufficient training on child labor issues overall. (12) While the number of labor inspectors in the country is unknown, according to the ILO's technical advice of a ration approaching 1 inspector for every 40,000 workers in less developed countries, Haiti would need to employ roughly 115 labor inspectors as its workforce consists of over 4.5 million workers. (57,58)

IBESR manages the “1-3-3” hotline that receives complaints about situations requiring child protection. (9,26,59) However, the hotline functions exclusively in Port-au-Prince, leaving rural areas without a mechanism to receive child labor complaints. (14) The number of calls related to child labor received during 2020 is unknown.

Criminal Law Enforcement

In 2020, criminal law enforcement agencies in Haiti took actions to combat child labor (Table 7). However, gaps exist within the operations of the criminal enforcement agencies that may hinder adequate criminal law enforcement, including financial and human resources.

Table 7. Criminal Law Enforcement Efforts Related to Child Labor

Overview of Criminal Law Enforcement

2019

2020

Initial Training for New Criminal Investigators

Yes (8)

N/A (12,51)

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

N/A

N/A(12)

Refresher Courses Provided

Yes (8)

Unknown (12)

Number of Investigations

744 (8)

585 (12)

Number of Violations Found

284 (8)

424 (12)

Number of Prosecutions Initiated

33 (8)

35 (12)

Number of Convictions

1 (8)

Unknown (12)

Imposed Penalties for Violations Related to the Worst Forms of Child Labor

Yes (8)

Unknown (51)

Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services

Yes (8)

Yes (12)

In 2020, the Brigade for the Protection of Minors (BPM) reported 424 cases of violations of laws related to the worst forms of child labor, including forced child labor, child trafficking, and the use of children in illicit activities. (12) BPM also reported it provided institutional assistance, as well as medical and psychological referrals to all these children. (12) Despite these efforts, reports indicate that BPM lacks an adequate number of agents and that it’s training, equipment, transportation, and funding are deficient, all of which has hampered the brigade's ability to enforce laws related to the worst forms of child labor. (2,9,12,26,54,60)

According to Haitian Border Police (POLIFRONT) reports, three cases of child trafficking were recorded in January 2020, and POLIFRONT referred 21 minors to IBESR between March and October 2020. (12)

An informal referral mechanism between BPM, IBESR, and NGOs is in place to provide reintegration services to victims of the worst forms of child labor. (8,9,26) BPM also manages the “1-8-8” hotline, which receives notifications of alleged violations related to the worst forms of child labor. (8,61) However, in common with the IBESR "1-3-3" hotline, the “1-8-8” hotline functions exclusively in Port-au-Prince, which makes reporting cases involving the worst forms of child labor more difficult in rural areas. (9,19)

IV. Coordination of Government Efforts on Child Labor

The government has established mechanisms to coordinate its efforts to address child labor (Table 8).

Table 8. Key Mechanisms to Coordinate Government Efforts on Child Labor

Coordinating Body

Role & Description

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

Develops policies, approves programs, and coordinates, monitors, and evaluates efforts to combat child labor in Haiti. Chaired by MAST, includes representatives from IBESR, BPM, and local and international organizations. (62) During the reporting period, held a few meetings on the revision of the Labor Code and worked on the National Plan to Combat Child Labor. Also presented the draft list of hazardous work to MAST and delivered messaging on the occasion of the World Day Against Child Labor on June 12, 2020. (12)

National Committee for the Fight Against Trafficking in Persons (CNLTP)

Coordinates actions against human trafficking and provides protection and rehabilitation services to victims. Chaired by IBESR, includes representatives from MAST, other ministries, and BPM. (19,43,63) In 2020, established task forces and sub-committees to combat trafficking in persons in three provinces: South-East, North-East, and the Central Departments, with technical support from the USAID's Building Enduring Systems to Counter Trafficking in Persons (BEST) Program. (12) The sub‐committees include provincial and other governmental representatives, police officers, investigating judges, and representatives of IBESR, BPM, and the Office of Citizen Protection, among others, and are charged with leading and coordinating counter trafficking in persons activities undertaken by civil society and local authorities. The sub‐committees document and follow up on cases and coordinate prevention work in accordance with the Strategic Action Plan Against Trafficking in Persons in their respective regions. (12) During the reporting period, BEST helped the CNLTP implement its executive secretariat, as provided in the 2014 Counter Trafficking in Persons law, and supported CNLTP’s data collection from 83 organizations to develop an interactive map of service providers for victims of human trafficking in the West, North‐East, and Central Plateau regions. The CNLTP trained 119 people on investigative methods for human trafficking cases. Participants included prosecutors, journalists, immigration agents, Office of the Ombudsman representatives, and staff and students from the State University of Haiti. (12)

Child Protection Working Group

Implements, coordinates, and monitors efforts on child protection, including protection for child domestic workers. Chaired by IBESR, comprises international and national non-governmental stakeholders and officials from various ministries. (64) Holds multi-stakeholder meetings attended by IBESR, BPM, and MAST, with additional participation by and technical support from UNICEF and other child protection partners. (8) Continued to meet at the regional level in 2020, but rarely met in Port-au-Prince. (51) In the North-East department, established a quarantine center to facilitate interim care for children experiencing adversity during the pandemic. (51) By December 2020, nearly 100 children had been sheltered in this center and were receiving support. Center residents included unaccompanied children returning from the Dominican Republic, children leaving orphanages or restavèk situations, and street children, among others. (51)

V. Government Policies on Child Labor

The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including implementation.

Table 9. Key Policies Related to Child Labor

Policy

Description

National Child Protection Policy (2016–2020)

Led by IBESR and supported by international donors, aimed to protect children from abuse, violence, and labor exploitation. Promoted improved access to education and livelihood services for vulnerable children, with a focus on domestic workers. (65,66) Research was unable to determine whether activities were undertaken to implement the National Child Protection Policy during the reporting period.

National Social Protection and Promotion Policy†

Initiated under a safety net program called Kore Lavi and funded by USAID. It was adopted by decree on June 12, 2020. Aims to build institutional resilience for social protection and promotion against economic shocks and health crises such as the current pandemic. (12,51) Consists of four major pillars, including both childhood social care and efforts to support employment and employability. Lines of effort under these two pillars include identification and removal of children from work and vocational training for youth, among other activities. (12) Under the Kore Lavi program, which built the foundations of an adaptive safety net, several institutions, including the World Bank and IDB, are supporting social protection initiatives in the country. (51) The World Bank is partnering with MAST and WFP to deliver cash transfers to targeted households. Participants are expected to receive $29 per month over the program’s implementation period of 6 years. WFP is expected to fully transfer management of the program to MAST after the third year of implementation. (12,51) In addition, IDB is partnering with WFP and the Economic and Social Assistance Fund to deliver food and cash to vulnerable households in several departments, including the departments of West, North, North-East, and Nippes. (51)

† Policy was approved during the reporting period.

VI. Social Programs to Address Child Labor

In 2020, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including the adequacy of efforts to address the problem in all sectors.

Table 10. Key Social Programs to Address Child Labor

Program

Description

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

Government program to support child protection. Through IBESR, implements the government’s regulatory framework for residential care centers, such as orphanages and shelters, collects information on vulnerable children, and tracks them through the National Child Protection Database. (67) Research was unable to determine whether activities were undertaken to implement this program during the reporting period.

Special Program of Free Education (PROSGATE)†

Replaced the National Free Education Program. (68) Aims to increase poor children’s access to education. Includes school grants intended to eliminate school fees and for accelerated learning programs for students who are lagging in school. (69-71) In 2020, served as a funding source for the Ministry of Education to pay teachers with contracts. Research was unable to determine any of the program's other activities during the reporting period. (51)

UNICEF Country Program (2017–2021)

$11.6 million UNICEF-funded program supporting the government’s efforts to improve education, health, social inclusion, and protection for children in Haiti. (39,67,72-76) In 2020, provided technical support to the Ministry of Education to develop learning materials for home-based learning and catch-up activities, and guidelines for the safe operation of schools as a response to the pandemic. (39) In addition, collaborated with the daily newspaper Le Nouvelliste to support the distribution of a children’s magazine to over 25,000 children, ages 5 to 15, so that they could continue learning informally while awaiting the reopening of schools. (39) During the reporting period, also provided technical assistance to the government to register births to expand access to education and social services. In addition, provided technical assistance to the Child Protection Working Group, and funding to implement foster family program coordination and youth vocational training. (51) Likewise, provided funding to support the renovation of government offices and to provision vehicles and other equipment to IBESR and MAST, among others. (51)

Providing an Education of Quality in Haiti (2016–2022)

$30 million World Bank-implemented program that aims to strengthen public management of the education sector, improve learning conditions, and increase enrollment of students in selected public and non-public primary schools. (77,78) In 2020, entered its second phase, which includes implementation of a quality assurance education program designed in collaboration with the Ministry of Education. (12) Among other activities undertaken during the reporting period, established approximately 60 to 70 schools, enabling an estimated 25,000 students to return to the classroom in August 2020, with the necessary materials to mitigate the risk of COVID‐19. (12) The World Bank is working with the Ministry of Education to build an Education Information Management System. (12)

† Program is funded by the Government of Haiti.

Despite IBESR’s efforts to collect information for the National Child Protection Database, the database does not fully capture all relevant information, including the number of displaced street children and children engaged in domestic work. Moreover, reports indicate the database is not operating and that no tangible progress has been made following its initial presentation in 2019. (51) Although Haiti has programs that target the worst forms of child labor, the scope of these programs is insufficient to fully address the extent of the problem, particularly in domestic work, agriculture, and child trafficking. (9,12,79)

VII. Suggested Government Actions to Eliminate Child Labor

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

Table 11. Suggested Government Actions to Eliminate Child Labor

Area

Suggested Action

Year(s) Suggested

Legal Framework

Ensure that minimum age for work protections apply to all children, including those without formal employment contracts.

2014 – 2020

 

Clarify the minimum age for work, including for domestic work.

2009 – 2020

 

Adopt a list of hazardous occupations and activities, and ensure that the hazardous occupations and activities prohibited for children are comprehensive and include work in hazardous agricultural environments.

2009 – 2020

 

Ensure that the law criminally prohibits forced labor.

2019 – 2020

 

Ensure that the law establishes a minimum age for voluntary recruitment by the state military, at age 18 or at age 16, with safeguards for voluntariness.

2018 – 2020

 

Raise the compulsory education age so that it aligns with the minimum age for work.

2017 – 2020

Enforcement

Collect and publish information on labor law enforcement efforts including on labor inspectorate funding; the number of labor inspectors and whether they received initial training; the number and type of labor inspections conducted; the number of violations found, total penalties imposed and collected; and whether routine, targeted, and unannounced inspections were carried out.

2013 – 2020

 

Authorize the labor inspectorate to assess penalties.

2013 – 2020

 

Ensure that the number of labor and criminal law enforcement agents, and the training and resources for labor and criminal law enforcement agencies, are sufficient to adequately enforce laws related to child labor, including its worst forms.

2013 – 2020

 

Establish penalties that are sufficient to serve as a deterrent for employing children in contravention of the Labor Code.

2009 – 2020

 

Expand the reach of the hotlines operated by the Brigade for the Protection of Minors and IBESR to facilitate reporting of child exploitation cases in areas beyond Port-au-Prince, including in rural areas, as well as track and publish information on the number of hotline calls related to child labor.

2013 – 2020

 

Collect and publish complete information on the trainings provided to criminal investigators and data on the number of convictions and penalties imposed related to the worst forms of child labor.

2020

 

Ensure that IBESR conducts child protection inspections, including following up on reported incidents of child labor.

2020

 

Ensure the number of labor inspectors in Haiti meets the ILO's technical guidance.

2020

Government Policies

Ensure that policies to prevent or combat child labor are implemented.

2017 – 2020

Social Programs

Enhance efforts to eliminate barriers and make education accessible for all children by removing school-related fees; increasing the number of public schools and teachers, especially in rural areas and camps near the border with the Dominican Republic; ensuring that public schools address language barriers; meeting the specific educational needs of vulnerable populations, including recent arrivals from the Dominican Republic, unregistered children, and child domestic workers; and ensuring that children who start their education late or repeat grades are allowed to transition to secondary school.

2009 – 2020

 

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

2010 – 2020

 

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

2010 – 2020

 

Ensure that all social programs are active and fulfilling their mandates as intended.

2019 – 2020

References
  1. Catholic Relief Services. Baseline Study on Child Labor (Draft Report). June 2016. Source on file.
  2. U.S. Embassy- Port-au-Prince. Reporting. April 2, 2018.
  3. UN Committee on the Rights of the Child. Concluding observations on the combined second and third periodic reports of Haiti. February 24, 2016: CRC/C/HTI/CO/2-3.
    https://www.icj.org/wp-content/uploads/2016/07/Concluding-Observations-CRC-Haiti-2016-eng.pdf
  4. ILO Committee of Experts. Individual Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Haiti (ratification: 2007). Published: 2016. Accessed November 1, 2016.
    http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P11110_COUNTRY_ID,P11110_COUNTRY_NAME,P11110_COMMENT_YEAR:3253455,102671,Haiti,2015
  5. U.S. Department of State. Trafficking in Persons Report- 2020: Haiti. Washington, DC, June 25, 2020.
    https://www.state.gov/reports/2020-trafficking-in-persons-report/haiti/
  6. UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary education, both sexes (%). Accessed March 3, 2021. For more information, please see “Children's Work and Education Statistics: Sources and Definitions” in the Reference Materials section of this report.
    http://data.uis.unesco.org/
  7. ILO. 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 (EMMUS-V), 2012. Analysis received March 2021. For more information, please see “Children's Work and Education Statistics: Sources and Definitions” in the Reference Materials section of this report.
  8. U.S. Embassy- Port-au-Prince. Reporting. January 14, 2020.
  9. U.S. Embassy- Port-au-Prince. Reporting. February 13, 2018.
  10. Agence France-Presse. Tourist trinkets crafted by Haiti's child artisans. Breitbart.com, May 1, 2016.
    http://www.breitbart.com/news/tourist-trinkets-crafted-by-haitis-child-artisans/
  11. Better Work Port-au-Prince official. E-mail communication to USDOL official. April 20, 2018.
  12. U.S. Embassy- Port-au-Prince. Reporting. January 14, 2021.
  13. Gupta, Varsha. Child Labor in Haiti- How it came about and what is its nature? Haiti Now. Accessed April 29, 2017.
    https://www.haiti-now.org/child-labor-haiti/
  14. U.S. Embassy- Port-au-Prince. Reporting. February 8, 2016.
  15. U.S. Embassy- Port-au-Prince. Reporting. February 12, 2019.
  16. U.S. Department of State. Trafficking in Persons Report- 2019: Haiti. Washington, DC, June 20, 2019.
    https://www.state.gov/reports/2019-trafficking-in-persons-report-2/haiti/
  17. Agence France-Presse. Haiti: Dozens rescued, 12 arrested in human trafficking ring. February 6, 2017. Source on file.
  18. Valmond, Fabienne. Restavèk: The Life of Haiti's Most Vulnerable Population and the Fight against Child Trafficking. Fairfax: George Mason University, 2015: M.A. thesis.
    http://mars.gmu.edu/bitstream/handle/1920/9726/Valmond_thesis_2015.pdf;sequence=1
  19. U.S. Embassy- Port-au-Prince. Reporting. March 15, 2019.
  20. U.S. Embassy- Port-au-Prince. Reporting. February 26, 2021.
  21. Nofi. « Restaveks », les enfants esclaves d’Haïti. February 10, 2017. Source on file.
  22. AP Press. Haiti grapples with task of helping its vulnerable children. Honolulu Star-Advertiser, July 26, 2018.
    https://www.staradvertiser.com/2018/07/26/breaking-news/haiti-grapples-with-task-of-helping-its-vulnerable-children/
  23. Issac, Harold and Kirk Semple. Fire Kills 17 at Unaccredited Orphanage. New York Times, February 14, 2020.
    https://www.nytimes.com/2020/02/14/world/americas/haiti-orphanage-fire.html
  24. U.S. Department of State. Country Reports on Human Rights Practices- 2020: Haiti. Washington, DC, March 30, 2021.
    https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/
  25. Human Rights Watch. World Report 2017: Haiti. New York, January 2017.
    https://www.hrw.org/sites/default/files/haiti_1.pdf
  26. U.S. Department of State. Trafficking in Persons Report- 2017: Haiti. Washington, DC, June 27, 2017.
    https://www.state.gov/reports/2017-trafficking-in-persons-report/haiti/
  27. U.S. Embassy- Port-au-Prince. Reporting. February 9, 2017.
  28. IOM Haiti. Border Monitoring Sitrep. December 29, 2016.
    http://reliefweb.int/sites/reliefweb.int/files/resources/border_monitoring_sitrep_lxxv.pdf
  29. Castro, Rafael. Migración Reactivará Pronto la Deportación de Ilegales Haitianos. Listin Diario, September 17, 2020.
    https://listindiario.com/la-republica/2020/09/17/635528/migracion-reactivara-pronto-la-deportacion-de-ilegales-haitianos
  30. Diario Libre. Las Deportaciones y el Exodo de Haitianos Encarecen la Comida en República Dominicana. May 13, 2021.
    https://www.diariolibre.com/actualidad/internacional/las-deportaciones-y-el-exodo-de-haitianos-encarecen-la-comida-en-republica-dominicana-KG26206518
  31. Diario Libre. Un Millar de Haitianos Abandona República Dominicana por el Coronavirus. March 23, 2020.
    https://www.diariolibre.com/actualidad/un-millar-de-haitianos-abandona-republica-dominicana-por-el-coronavirus-JG17885590
  32. U.S. Department of State. Country Reports on Human Rights Practices- 2016: Haiti. Washington, DC, March 03, 2017.
    https://www.state.gov/reports/2016-country-reports-on-human-rights-practices/haiti/
  33. Fendt, Lindsay. 'I Came Here With Nothing': Life in Limbo for Unwilling Migrants on Haiti's Border. The Guardian, May 12, 2016.
    https://www.theguardian.com/global-development/2016/may/12/haiti-dominican-republic-migrants-makeshift-camp
  34. Government of the Republic of Haiti. Constitution of Haiti. Enacted: 1987.
    http://pdba.georgetown.edu/constitutions/haiti/haiti1987.html
  35. Government of the Republic of Haiti. Décret Organisant le Système Educatif Haitien en Vue D'offrir des chances égales à tous et de Refléter la Culture Haitienne. Enacted: March 30, 1982. Source on file.
  36. UN Human Rights Council. Report of the Independent Expert on the situation of human rights in Haiti - Note by the Secretariat. March 8, 2017. Source on file.
  37. Government of the Republic of Haiti. Code Pénal. Enacted: 1985.
    https://web.oas.org/mla/en/Countries_Intro/Haiti_intro_text_fra_2.pdf
  38. ILO CEACR. Direct Request concerning Minimum Age Convention, 1973 (No. 138) Haiti (ratification: 2009). Published: 2019.
    https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3963306
  39. UNICEF. Haiti Humanitarian Situation Report January–December 2020. 2020.
    https://www.unicef.org/media/94046/file/Haiti-SitRep-December-2020.pdf
  40. Government of the Republic of Haiti. Code du Travail. Enacted: 1984.
    http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/135/98545/F1595767852/HTI-135.pdf
  41. Government of the Republic of Haiti. Loi portant organisation et règlementation du travail sure la durée de vingt-quatre (24) heures repartie en trois (3) tranches de huit (8) heures. September 21, 2017. Source on file.
  42. Government of the Republic 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. Source on file.
  43. Government of the Republic of Haiti. Loi sur la Lutte contre la Traite des Personnes, Loi No CL/2014-0010. Enacted: June 2, 2014. Source on file.
  44. Government of the Republic 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
  45. ILO CEACR. Direct Request concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Haiti (ratification: 2007). Published: 2019.
    https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3963434:NO
  46. U.S. Embassy- Port-au-Prince. Reporting. March 6, 2019.
  47. ILO Port-au-Prince official. E-mail communication to USDOL official. January 06, 2017.
  48. U.S. Embassy- Port-au-Prince official. E-mail communication to USDOL official. June 17, 2019.
  49. Government of the Republic of Haiti. Avis de recrutement d'une classe de soldats. Ministère de la Défense. Accessed July 12, 2019.
    https://md.gouv.ht/actu10.php
  50. U.S. Embassy- Port-au-Prince official. E-mail communication to USDOL official. May 15, 2017.
  51. U.S. Embassy- Port-au-Prince official. E-mail communication to USDOL official. June 30, 2021.
  52. Haiti24.net. Haïti-Sécurité: POLIFRONT, une nouvelle entité de la PNH contrôle la frontière. December 28, 2017.
    http://haiti24.net/haiti-securite-polifront-une-nouvelle-entite-de-la-pnh-controle-la-frontiere/
  53. U.S. Embassy in Haiti. U.S. Ambassador Highlights U.S. Government Partnership with Haiti in the Northeast. August 14, 2018.
    https://ht.usembassy.gov/u-s-ambassador-highlights-u-s-government-partnership-with-haiti-in-the-northeast/
  54. U.S. Department of State. Trafficking in Persons Report- 2018: Haiti. Washington, DC, June 28, 2018.
    https://www.state.gov/reports/2018-trafficking-in-persons-report/haiti/
  55. U.S. Embassy- Port-au-Prince. Reporting. February 14, 2020.
  56. ILO Committee of Experts. Individual Observation concerning Labour Inspection Convention, 1947 (No. 81) Haiti (ratification: 1952). Published: 2017. Accessed October 20, 2017.
    http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3295579:YES
  57. UN. World Economic Situation and Prospects 2017 Statistical Annex. New York, 2017. Please see “Labor Law Enforcement: Sources and Definitions” in the Reference Materials section of this report.
    https://www.un.org/development/desa/dpad/wp-content/uploads/sites/45/publication/2017wesp_full_en.pdf
  58. CIA. The World Factbook. Accessed July 16, 2021. Please see “Labor Law Enforcement: Sources and Definitions” in the Reference Materials section of this report.
    https://www.cia.gov/the-world-factbook/countries/haiti
  59. UN Human Rights Council. Report of the Working Group on the Universal Periodic Review - Haiti - Addendum - Views on conclusions and/or recommendations, voluntary commitments and replies presented by the State under review. March 13, 2017. Source on file.
  60. Government of the Republic of Haiti. DRAFT- Hazardous List of Work for Children. 2014. Source on file.
  61. U.S. Embassy- Port-au-Prince. Reporting. February 2, 2016.
  62. National Commission for the Elimination of the Worst Forms of Child Labor. DRAFT: National Action Plan to Combat Child Labor. June 19, 2014. Source on file.
  63. ILO Committee of Experts. Individual Direct Request concerning Forced Labour Convention, 1930 (No. 29) Haiti (ratification: 1958). Published: 2016. Accessed November 1, 2016. Source on file.
  64. Government of the Republic of Haiti. Groupe de Travail Protection de l'Enfance Niveau National—Termes de Reference. 2014. Source on file.
  65. Institut du Bien-Être Social et de Recherches (IBESR). Stratégie Nationale de Protection de l’Enfant. September 2015.
    http://pdf.usaid.gov/pdf_docs/PA00M2GJ.pdf
  66. Mulheir, G., et al. Orphanage Entrepreneurs: The trafficking of Haiti's invisible children. London: Lumos. November 2016.
    https://www.wearelumos.org/resources/orphanage-entrepreneurs-trafficking-haitis-invisible-children/
  67. UNICEF. Haiti Humanitarian Situation Report, Mid-Year 2018. June 30, 2018.
    https://reliefweb.int/sites/reliefweb.int/files/resources/UNICEF Haiti Humanitarian Situation Report, Mid-Year 2018.pdf
  68. Haiti Libre. Haiti- Education: Already 116 Million Arrears of Wages Paid on Nearly 800 Million. November 20, 2019.
    https://www.haitilibre.com/en/news-29312-haiti-education-already-116-million-arrears-of-wages-paid-on-nearly-800-million.html
  69. UNESCO International Institute for Educational Planning. Improving school financing. 2018.
    https://unesdoc.unesco.org/ark:/48223/pf0000246712_eng
  70. Le Nouvelliste. Utilisation du FNE, la CSCCA Révèle des Chiffres Incompréhensibles. July 10, 2019.
    https://lenouvelliste.com/article/204332/utilisation-du-fne-la-cscca-revele-des-chiffres-incomprehensibles
  71. Haiti Libre. Haïti- Éducation : Le FNE Discute de L’utilisation de la Subvention des Frais de Scolarité. July 17, 2019.
    https://www.haitilibre.com/article-28258-haiti-education-le-fne-discute-de-l-utilisation-de-la-subvention-des-frais-de-scolarite.html
  72. UN Economic and Social Council. Country Programme Haiti. December 22, 2016: E/ICEF/2017/P/L.2.
    https://www.unicef.org/about/execboard/files/2016-PL2-Haiti_CPD-ODS-EN.pdf
  73. UNICEF. Hurricane Matthew three months on: Life for Haiti's children. January 9, 2017.
    https://www.unicef.org/stories/hurricane-matthew-three-months-life-haitis-children
  74. U.S. Embassy- Port-au-Prince. Reporting. October 11, 2018.
  75. UNICEF. Haiti- Annual Report 2017.
    https://www.unicef.org/about/annualreport/files/Haiti_2017_COAR.pdf
  76. Morin, Karine. Mettre fin au travail des enfants en Haïti. UNICEF Canada, February 24, 2017.
    https://www.unicef.ca/fr/blog/mettre-fin-au-travail-des-enfants-en-haiti
  77. World Bank. Providing an Education of Quality in Haiti Project- Project Appraisal Document. October 27, 2016.
    http://documents.worldbank.org/curated/en/984991478263758814/pdf/1478263764434-000A10458-PAD-10282016.pdf
  78. World Bank. Providing an Education of Quality in Haiti (PEQH) (P155191). August 10, 2017: Implementation Status & Results Report—Sequence 02.
    http://documents.worldbank.org/curated/en/647071502404387101/pdf/ISR-Disclosable-P155191-08-10-2017-1502404378346.pdf
  79. American Institutes for Research. Alliance pour la Protection des Enfants- Haiti. 2017. .
    http://www.air.org/project/alliance-pour-la-protection-des-enfants-haiti