US embassy cable - 05PORTAUPRINCE2841

UNCLAS SECTION 01 OF 02 PORT AU PRINCE 002841 
 
SIPDIS 
 
STATE FOR WHA/CAR 
DRL/IL FOR LAUREN HOLT 
STATE PASS AID FOR LAC/CAR 
DOL/ILAB FOR TINA McCARTER 
 
 
E.O. 12958: N/A 
TAGS: ELAB, EIND, ETRD, PHUM, SOCI, HA, USAID 
SUBJECT: Haiti: Response to Request for Update of Worst 
Forms of Child Labor Information for Mandatory Reporting 
Requirement 
 
Ref: Secstate 143552 
 
1. Summary.  Child labor practices in Haiti mainly involve 
the use of children in domestic servitude, or restaveks 
(derived from the French words "rester avec" meaning to stay 
with).  The centuries-old practice is also considered 
internal trafficking of children and involves placing poorer 
children from the provinces with wealthy urban families to 
serve as domestic labor in return for shelter, food, and 
education.  In some instances, however, children are placed 
in abusive and exploitative situations.  Due to the 
political crisis and change of government in 2004, the 
Interim Government of Haiti (IGOH) has not focused much 
attention on the issue of child labor.  However, the IGOH is 
continuing to pursue its anti-trafficking in persons 
strategy, which targets child labor as an aspect of the 
internal trafficking phenomenon in Haiti.  End Summary. 
 
2. The following responses are keyed to reftel and serve as 
an update on Haiti's efforts to target child labor. 
 
Laws and Regulations -- 
 
A) The Labor Code of 1984 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, sometimes under harsh conditions. The minimum 
employment age in all sectors is 15 years, with the 
exception of domestic service, for which the minimum is 12 
years.  There is also a legal provision for employment of 
children between the ages of 12 and 16 as apprentices.  The 
Labor Code prohibits minors from working under dangerous 
conditions and prohibits night work in industrial 
enterprises for minors under 18.  Fierce adult competition 
for jobs ensured child labor was 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 with parents on small 
family farms, although the high unemployment rate among 
adults kept children from employment on commercial farms in 
significant numbers.  Government agencies lacked the 
resources to enforce relevant laws and regulations 
effectively. 
 
DUE TO THE POLITICAL CRISIS, HAITI HAS NOT HAD A SITTING 
PARLIAMENT SINCE JANUARY 2004 AND HAS NOT ENACTED NEW 
LEGISLATION ON CHILD LABOR LAWS SINCE THAT TIME.  IN A 
SPECIAL SESSION OF PARLIAMENT IN JUNE 2003, HAITI PASSED A 
LAW THAT EXPRESSLY BANNED THE SELLING OR TRAFFICKING OF 
CHILDREN INTO DOMESTIC SERVITUDE OR FORCED LABOR SITUATIONS. 
THE LAW, HOWEVER, ENCOURAGED FAMILIES TO CONTINUE THE 
PRACTICE OF INFORMAL ADOPTIONS OF DISADVANTAGED CHILDREN IN 
ORDER TO PROVIDE THEM WITH EDUCATION, HEALTH CARE, AND AN 
OVERALL HIGHER STANDARD OF LIVING CONDITIONS. 
 
THE GOVERNMENT HAS NOT RATIFIED AND DOES NOT ADHERE TO ILO 
CONVENTION 182 ON ELIMINATION OF THE WORST FORMS OF CHILD 
LABOR. 
 
REGULATIONS FOR IMPLEMENTATION AND ENFORCEMENT -- 
 
B) The Government designated the Ministry of Labor and 
Social Affairs' Welfare Research Institute (IBESR) to 
implement and enforce child labor laws and regulations. 
Chapter 9, Article 343 of the Labor Code calls for anyone 
who has a child domestic in their employ to obtain a permit 
annually from IBESR and to ensure the education and medical 
welfare of the child until age 15.  Although IBESR is 
supposed to issue these permits, it rarely does so.  The 
budget for the Ministry remained inadequate to fund 
adequately programs to investigate exploitative child labor 
cases throughout the country. 
 
Social Programs -- 
 
C) Governmental agencies and programs to promote children's 
rights and welfare existed, but the Government lacked the 
capacity to adequately support or enforce existing 
mechanisms.  Malnutrition was a major problem.  According to 
the U.N., approximately 42 percent of all children under 5 
were chronically malnourished.  In December 2004, UNICEF 
reported that 60 percent of rural households and 32 percent 
of urban households suffered from chronic food insecurity. 
The Government has a school nutrition program, administered 
through the Office of National Development and supported by 
foreign donors.  Through this program, health clinics and 
dispensaries distributed donated food to children. 
 
The Constitution and the law provide for free, universal, 
and compulsory primary education.  However, in practice, 
most rural families did not have access to public schools. 
The costs of school fees, books, materials, and uniforms, 
even in public schools, were prohibitive for most families, 
and an estimated 90 percent of schools were private. 
Schools were dilapidated and understaffed.  According to the 
Government, 40 percent of children never attend school.  Of 
those who do, less than 15 percent graduate from secondary 
school.  The Ministry of Education estimated primary school 
enrollment at 65 percent.  Poorer families sometimes 
rationed education money to pay school fees only for male 
children. 
 
Child abuse was a problem.  Government-sponsored radio 
commercials urged parents not to abuse their children 
physically or mentally.  There was some anecdotal evidence 
that in very poor families, caretakers deprive the youngest 
children of food to feed older, income-generating children. 
 
The law prohibits corporal punishment of children, and all 
schools must post clearly their disciplinary policies.  The 
law also called for the establishment of a commission to 
determine appropriate school disciplinary measures.  In 
practice, however, corporal punishment was accepted as a 
form of discipline. 
 
COMPREHENSIVE GOVERNMENTAL POLICY -- 
 
D) The IBESR coordinated efforts with the Ministries of 
Justice, Education, and Foreign Affairs, as well as local 
and international agencies, to formulate and enforce child 
labor policies. 
 
 
Governmental Progress -- 
 
E) The child labor situation in Haiti has not improved over 
the past year.  Children continue to be employed in the 
informal household domestic labor sector and the actual 
numbers of children involved in the practice are difficult 
to obtain.  Figures range from 90,000-120,000 (governmental 
figures) to 150,000-300,000 (NGO figures).