a1070: State Department - Country Reports on Human Rights Practices Part IV (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: Stanley Lucas <slucas@iri.org>

http://www.state.gov/g/drl/rls/hrrpt/2001/wha/8332.htm
Section 6 Worker Rights

a. The Right of Association

The 1987 Constitution and the Labor Code provide for the right of association. Public sector workers are organized pursuant to Article 31 of the 1987 Constitution.

The law protects union activities and prohibits a closed shop. The law also requires a union, which must have a minimum of 10 members, to register with the Ministry of Labor and Social Affairs within 60 days of its formation in order to obtain legal recognition. The Labor Code does not require prior approval before any association is established. Unions are subject to the same registration requirements as other associations (see Section 2.b.).

The law prohibits employers, management, and anyone who represents the interests of employers in enterprises from joining a union.

Unions are independent of the Government and political parties. Nine principal labor federations represent approximately 5 percent of the total labor force of approximately 2,800,000 persons, including approximately 2 to 3 percent of labor in the industrial sector.

Several unions have pending grievances over worker rights violations against the Government before the International Labor Organization (ILO) and the International Confederation of Free Trade Unions (ICFTU). These include the National Confederation of Haitian Teachers (CNEH), the Autonomous Central of Haitian Workers (CATH), and the General Independent Organization of Haitian Workers (OGITH). Three major teachers' unions--the CNEH, the National Union of Trained Teachers (UNNOH), and the High School Teacher's Union (GIEL)--continue to accuse the Ministry of National Education (MENJS) of unfair labor practices. They accuse the MENJS of implementing changes in the labor contract without advance notification or opportunity to bargain changes prior to implementation.

There was no information on any investigation into the September 2000 killing of CATH member Elison Merzilus.

Labor unions reported several cases of threats and arrests during the year. The CATH stated that on April 9, a group of men allied with the FL surrounded CATH members who were meeting to discuss regional issues in the Gros Morne commune. Armed with machetes, pistols, and batons, the group of men attacked the unionists and violently dispersed the meeting. Ten members of the Federation of Agricultural Workers of Gros Morne and the Democratic Association of Haitian Women Workers, 8 of whom are women, have been in hiding since the incident. There was no investigation.

The CATH also reported that on April 24, FL members attacked members of its affiliate union, Organization for the Development of Bois Neuf in Cite Soleil. Five members went into hiding.

On April 30, in the Central Plateau, FL mayor of Maissade Willot Joseph arrested and physically abused Santilus Odvy, a CATH member who went to the area to conduct a seminar for the union. Odvy remained in prison for 5 days. In August Amanus Maillet, a Lavalas CASEC member in the Saint Marc commune in Artibonite, shut down the port demanding that FL militants replace all workers. Workers were idled while the port remained closed for approximately 1 month.

Unknown persons telephoned threats to several leaders of major labor confederations during the year. They were given ultimatums to rally behind the FL. Jacques Pierre, Secretary General of the Confederation of Haitian Workers (KOTA), and his family abandoned their home and spent much of the year avoiding FL militants.

Workers have access to labor courts (Tribunaux de Travail) set up to resolve common labor-management disputes. The courts function under the supervision of the Ministry of Labor and Social Affairs. These courts adjudicate and settle minor conflicts, but unions state that the process is inefficient.

The Labor Code provides for the right to strike, except for managers, administrators, and other heads of establishments, and public utility service workers. The Labor Code defines public utility service employees as essential workers who "cannot suspend their activities without causing serious harm to public health and security."

There were several strikes during the year, but participation was very low.

Government employees, including police and judicial employees, often are paid late. Pay periods sometimes are missed, and the employees have difficulty recouping missed wages.

Unions may freely form or join federations or confederations and affiliate with international bodies. Each of the principal labor federations maintained some fraternal relations with various international labor organizations.

b. The Right to Organize and Bargain Collectively

The Labor Code protects trade union organizing activities and stipulates fines for those who interfere with this right. No fines were issued during the year. Unions generally were free to pursue their goals, although the Government made little effort to enforce the law. Union leaders assert that some employers in the private industrial sector dismiss individuals who participate in union organizing activities. In 2000 the ILO criticized the law for its failure to include a specific provision providing protection against antiunion discrimination at the time of hiring. The Labor Code does not provide for reinstatement of workers fired for trade union activities.

Organized labor activity was concentrated in the Port-au-Prince area, in state enterprises, the civil service, and the assembly (maquiladora) sector. The high unemployment rate and antiunion sentiment among some factory workers and most employers limited the success of union organizing efforts.

Collective bargaining continued to be nonexistent, and employers set wages unilaterally. The Labor Code does not distinguish between industries producing for the local market and those producing for export. Employees in the export-oriented assembly sector enjoyed better-than-average wages and benefits. However, frequent verbal abuse and intimidation of workers and organizers is a problem in the assembly (maquiladora) sector. Female workers in the assembly sector report that some employers sexually harass female workers with impunity. Women also report that while the vast majority of assembly sector workers are women, virtually all the supervisors are men.

The Federation of Electric Company Workers (FESTREDH) and ICFTU brought a complaint against the government-owned enterprise to the ILO in 1999; the case remained pending at year's end. In 1996 FESTREDH leaders and active members were dismissed permanently. The Government orchestrated a reorganization of the union and allowed it to function under new leadership.

There are no export processing zones. However, the Government's 5-year economic program calls for the creation of two export processing zones, one in Cabaret and another in Cap Haitien.

c. Prohibition of Forced or Compulsory Labor

The Labor Code prohibits forced or compulsory labor for adults and minors; however, the Government failed to enforce this law for children, who continued to be subjected to forced domestic labor as restaveks in urban households under conditions that amount to slavery (see Sections 5 and 6.d.).


Trafficking in men, women, and children exists; most adult victims are trafficked to the Dominican Republic as manual laborers. Most Haitians freely work in the Dominican Republic. However, there are cases of Dominican-Haitian trafficking rings coercing Haitian workers to work in Dominican sugar cane fields. Internal trafficking in children as restaveks is the most serious problem (see Sections 6.d. and 6.f.).

d. Status of Child Labor Practices and Minimum Age for Employment

The minimum employment age in all sectors is 15 years, with the exception of domestic service, for which the minimum is 12 years of age. The Labor Code prohibits minors from working under dangerous conditions, and it prohibits minors under the age of 18 from working at night in industrial enterprises. There is also a legal provision for employment of children between the ages of 12 and 16 as "apprentices." Fierce adult competition for jobs ensures that child labor is not a factor in the industrial sector; however, children under the age of 15 commonly worked at informal sector jobs to supplement family income. Children also commonly worked on small family farms alongside their parents, although the high unemployment rate among adults kept children from being employed on commercial farms in significant numbers. Government agencies lack the resources to enforce the relevant laws and regulations effectively. According to COHADDE, children work primarily in domesticity as restav!
 eks, but some are found working on the street, and some are involved in prostitution (see Section 5).

Rural families continued to send young children to more affluent city dwellers to serve as unpaid domestic labor (restavek); families of these children frequently received financial compensation (see Sections 5 and 6.d.). In a 1998 study, UNICEF estimated that 250,000 to 300,000 children may be victims of this form of servitude. UNICEF reported the average restavek was between 11 and 14 years of age; however, more than 20 percent were between the ages 4 and 10, and 85 percent are girls.

Host family members rape about 23 percent of these girls, 15 percent of whom become pregnant. Nearly 77 percent of restaveks have never been to school. Among those who have, only 2 percent reach secondary school. The Ministry of Social Affairs believes that many employers compel the children to work long hours, provide them little nourishment, and frequently beat and abuse them. The law requires that restaveks 15 years of age and older be paid not less than one half the amount paid to a servant hired to perform similar work, in addition to room and board. To avoid this obligation, employers send many if not most restaveks away from the home before the children reach the age of 15.

The Government designated the Ministry of Labor and Social Affairs' Social Welfare and Research Institute (IBESR) to implement and enforce child labor laws and regulations. The Government does not devote adequate resources and oversight to child labor policies. The budget for the entire Ministry is far below what is needed to fund adequately programs to investigate exploitative child labor cases throughout the country.

The IBESR coordinates efforts with the Ministries of Justice, Education, and Foreign Affairs, as well as local and international agencies to formulate and enforce child labor policies. The Government requested ILO/IPEC assistance to combat child domestic work, a significant step towards addressing the existing gap between practice, national legislation, and international standards. The Government signed a Memorandum of Understanding with ILO/IPEC in 1999, incorporating the country into IPEC membership. IPEC began a Child Labor Project in January 2000, and has developed a framework of action focusing on institutional capacity building, prevention through awareness-raising, and direct assistance to victims of child labor.

The Labor Code prohibits forced and bonded child labor, however, forced child labor is a problem (see Section 6.c.). The country is also a source for trafficked children (see Section 6.f.).

e. Acceptable Conditions of Work

The legal minimum daily wage, established in 1995 by the Tripartite Commission of Salaried Workers, whose six members are appointed by the President of the Republic, (two representatives each of labor, employers, and Government), is approximately $1.52 (36 gourdes). Annually, a minimum wage worker would earn approximately $473 (11,000 gourdes), an income above the national average but not sufficient to provide a decent standard of living for a worker and family. The real value of the gourde has declined, contributing to the insufficiency of the minimum wage. Some workers are paid on a piece-rate basis, and may earn more than the minimum wage. The majority of citizens work in the informal sector and subsistence agriculture, where minimum wage legislation does not apply. Many women work as domestic employees, where minimum wage legislation also does not apply.


The Labor Code governs individual employment contracts. It sets the standard workday at 8 hours and the workweek at 48 hours, with 24 hours of rest on Sunday. However, the officers of the HNP work 12-hour shifts 6 days per week, in apparent violation of the Labor Code. The code also establishes minimum health and safety regulations. The industrial and assembly sectors largely observed these guidelines. However, the Ministry of Social Affairs does not enforce work hours or health and safety regulations.

The assembly sector published a voluntary code of conduct in 1999, committing signatories to a number of measures designed to raise industry standards, including payment of the minimum wage and the prohibition of child labor. Employers in the assembly sector generally pay the minimum wage or higher amount. Working conditions are also generally better in this sector. There are no reports of child labor in this sector.

There is no formal data, but unions allege that job-related injuries are prevalent in the construction industry and public works sectors. With more than 50 percent of the population unemployed, workers were not able to exercise the right to remove themselves from dangerous work situations without jeopardy to continued employment.

f. Trafficking in Persons

The law does not prohibit trafficking in persons, and internal trafficking of children is a problem. Haiti also is country of origin for trafficked men, women, and children. Haitians trafficked overseas are sent largely to the Dominican Republic, the U.S., Europe (mainly France), and Canada. However, most trafficking occurs within the country's borders and involves restavek children (see Sections 5 and 6.d.). Most children are primarily trafficked for labor, but some are trafficked for purposes of prostitution. The practice of parents sending their children, mainly girls, to work as domestic servants in exchange for that child's room and board has existed in the country for centuries. While many restaveks are well taken care of and receive adequate care including an education, a significant number are subjected to violence, threats, and other forms of physical and mental abuse.

The Government has acknowledged the internal trafficking problem and has taken steps to address it despite severe resource constraints. There is no evidence that the authorities are complicit in trafficking. There is no law specifically prohibiting trafficking in persons, and the Government does not adequately enforce existing labor laws regarding child labor. The Government devotes the bulk of its entire social welfare budget to combating the trafficking of children. For example, the Government ran a media campaign to prevent the mistreatment of children and maintained a hotline for victims. These efforts resulted in the removal of 760 children from abusive households. Government officials then placed rescued victims in shelters and in the care of local NGO's. The ILO, at the Government's request, is developing a framework to address the gap between practice, national legislation, and international standards with regard to combating trafficking in children.
http://www.state.gov/g/drl/rls/hrrpt/2001/wha/8332.htm