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. (1,2) 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.

Primary Completion Rate was unavailable from UNESCO Institute for Statistics, 2022. (3)
Source for all other data: International Labor Organization’s analysis of statistics from Enquête Mortalité, Morbidité et Utilisation des Services (EMMUS-V), 2012. (4)

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

† 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 younger than 15 years old in Haiti. (2,6,12) Moreover, many of Haiti's human trafficking cases involve children subjected to forced labor as domestic workers. These children, exploited in what is commonly referred to as the restavèk system, are often physically abused, sexually exploited, and uncompensated for their services. (2,13) Human traffickers use church, sport, or family networks to locate children from poor families and traffic them to families who subject them to a form of indentured servitude. (13) Many of these children flee and end up living on the streets, where they face the risk of being trafficked again. (2) 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. (7,14,15)

In addition, Haiti has over 750 orphanages that house over 30,000 children who may be vulnerable to human trafficking and child labor. (9) Only 129 of the 754 orphanages in the country are licensed. (75) 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 as domestic workers and are prevented from attending school. (12,17,18,19) Reports indicate that human traffickers also target children in private and NGO-sponsored residential care centers. (2) In the past few years, the government closed 160 unaccredited orphanages and focused on promoting child fostering as an alternative to prevent child labor in residential institutions. (17,18) However, due to the instability and insecurity in the country in the past year, closures and enforcement of closures of non-compliant institutions became very difficult. Therefore, the government has focused on the regularization of the orphanage system, which led to an increase in the number of licensed institutions during the reporting period. (75)

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. (20) Criminal gangs recruit children as young as age 10 and subject them to sexual exploitation and pornography. (20) Children displaced by the gang violence that took place in June 2021 and the August 14 earthquake were vulnerable to sexual exploitation, as many of them stayed in formal or informal internally displaced people camps while their parents went to work. (16) 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. (7,13) 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. (7) Some of the children illegally crossing the border are reunited with relatives in the Dominican Republic, while others are forced into commercial sexual exploitation, domestic work, agriculture, street vending, and begging. (1,6,21,22) In addition, Haiti is a destination country for child sex tourists, primarily from the United States and Europe. (13)

The Haitian Constitution guarantees a right to free primary education, which is also compulsory under the law. (30,31) Yet, because approximately 80 percent of all existing schools are private, most Haitian children are enrolled in private schools that charge tuition and other fees, making education prohibitively expensive to many families. (9,32,33) 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. (5) According to reports, approximately 30 percent of children ages 1 to 5 lack birth certificates or any other official documentation. Children born in rural communities are less likely to be documented than children in urban areas. (16)

There are significant barriers to education in Haiti, including the country's extreme poverty, security risks, teacher qualification levels, as well as dilapidated school premises and missing canteens. (32) Reports indicate that children, especially in rural areas, do not attend school due to the lack of school infrastructure and limited availability of teachers. (9) Children working in domestic labor have significantly lower school enrollment rates. (20) Additionally, estimates show that approximately 10 percent of students drop out of school before grade six and 40 percent before the end of grade nine. (32) Out-of-school children are more vulnerable to child labor, including its worst forms. (34) Another factor limiting access to education is the Ministry of Education's recommendation 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. (30,35,36,37,38) However, research did not find evidence that schools provide instruction during the evening for special groups. Research also indicates that less than 14 percent of children with disabilities attend school, with only 3.5 percent of an estimated 120,000 children with disabilities attending school in Port-au-Prince. (16,20) Students with disabilities have less access to secondary education, with a majority of students with disabilities being integrated into general classes. (16)

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

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 that does not meet international standards.

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, a stipulation that does not conform to international standards requiring all children to be protected under the law establishing a minimum age for work. (39,44) 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. (31,39)

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. (39,41,44)

The Labor Code prohibits children under age 18 from working in establishments that sell alcohol and from working at night in industrial enterprises. (40,45) 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. (1,10,43-46) In 2021, 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 seventh consecutive year. (5) Haiti's failure to hold legislative elections in 2019 caused the parliament to lapse in January 2020; since then, in part due to repeated crises, the country has continued delaying carrying out elections, and without a functioning parliament, the Haitian Government is not fully operational and is not able to pursue legal reforms. (7,47)

Laws related to forced labor are not sufficient, as slavery is not criminally prohibited. The Anti-Trafficking in Persons Law criminalizes trafficking for forced labor, servitude, and debt bondage, but makes no mention of slavery. (42) Research could not find evidence of any other legal provision criminally prohibiting slavery.

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. (5,30,48,49)

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.

Labor Law Enforcement

In 2021, labor law enforcement agencies in Haiti took actions to address child labor (Table 6). However, the government did not provide sufficient data on its labor law enforcement efforts, which limits the ability to assess its efforts.

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

In 2021, in addition to operational challenges due to the COVID-19 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. This included IBESR’s capacity to enforce child labor laws by conducting an adequate number of labor inspections. (1,5,7,9,10,55) IBESR reported that it was unable to conduct a single child protection inspection in 2021, 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. (9,75)

According to IBESR, inspectors received insufficient training on child labor issues overall. (9) While the number of labor inspectors in the country is unknown, according to the ILO's technical advice of a ratio approaching 1 inspector for every 40,000 workers in less developed countries, Haiti would need to employ roughly 127 labor inspectors as its workforce consists of over 5 million workers. (56,57)

IBESR manages the “1-3-3” hotline that receives complaints about situations requiring child protection. (58) However, the hotline functions exclusively in Port-au-Prince, leaving rural areas without a mechanism to receive child labor complaints. The number of calls related to child labor received during 2021 is unknown. (75)

Criminal Law Enforcement

In 2021, criminal law enforcement agencies in Haiti took actions to address child labor (Table 7). However, gaps exist within the operations of the criminal enforcement agencies that may hinder adequate criminal law enforcement, including insufficient allocation of financial and human resources.

In 2021, reports indicate that BPM continues to lack an adequate number of agents and that its 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. (1,6,7,9,53,60) BPM reported that only a few investigators received training, and that of new employees only around 12 percent received initial training. BPM indicated it assisted more than 190 children, following its inspections, through legal assistance and medical and psychological referrals. (9)

A referral mechanism between BPM, IBESR, and NGOs is in place to provide reintegration services to victims of the worst forms of child labor. (5-7,9,60) BPM also manages the “1-8-8” hotline, which receives notifications of alleged violations related to the worst forms of child labor. (5) 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. (6,12)

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

The government has established a policy related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including a lack of implementation of the key national policy.

In 2021, 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 inadequacy of efforts to address the problem in all sectors.

† 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. (59) 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. (6,7,74)

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

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