Haiti is a constitutional republic with a multiparty political system. Voters elected Jovenel Moise as president for a five-year term in national elections held in November 2016, and he took office in February 2017. The most recent national legislative elections were held in 2016; international observers considered the elections free and fair. Prime Minister Jean Henry Ceant departed office in March after a vote of no confidence in the lower house of parliament. Legislative elections planned for October 2019 did not take place. As of December, parliament had not approved a new prime minister and cabinet, nor a budget for the 2018-19 fiscal year.
The Haitian National Police (HNP), an autonomous civilian institution under the authority of a director general, maintains domestic security. The HNP includes police, corrections, fire, emergency response, airport security, port security, and coast guard functions. The Ministry of Justice and Public Security, through its minister and the secretary of state for public security, provides oversight to the HNP. The Superior Council of the National Police, chaired by the prime minister, provides strategic guidance to the HNP. The Superior Council also includes the HNP director general, HNP chief inspector general, minister of the interior, and minister of justice. Civilian authorities generally maintained effective control over security forces.
Significant human rights issues included allegations of unlawful killings by police; excessive use of force by police; arbitrary and prolonged pretrial detention; harsh and life-threatening prison conditions; a judiciary subject to corruption and outside influence; physical attacks on journalists; widespread corruption and impunity; crimes involving violence or threats of violence targeting persons with physical, mental, and developmental disabilities; and sexual and gender-based violence and discrimination.
The government rarely took steps to prosecute government and law enforcement officials accused of committing abuses. There were credible reports that officials engaged in corrupt practices, and civil society groups alleged widespread impunity.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The constitution grants broad freedom of expression to citizens and protection to journalists. Civil society observers noted those rights were not always upheld or respected.
Violence and Harassment: Journalists reported a deteriorating security climate for journalists and said some journalists were resorting to self-censorship to avoid being publicly targeted by political or gang leaders. Complaints against police for assaults and attacks on journalists increased, compared with 2018.
Gedeon Jean, director of the Research and Analysis Center for Human Rights, claimed that members of a security detail accompanying former president Michel Martelly assaulted and threatened to kill Jean in March. The incident occurred as he was leaving a radio station. A fervent critic of the former president, Jean filed a complaint with authorities on March 25. As of September it was unclear if the case had been assigned to an investigative judge.
In December 2018 a fire destroyed the headquarters of Radio Quisqueya. The station’s co-owner was Lilianne Pierre Paul, a well known critic of the majority PHTK Party, who on several occasions had been publicly vilified by former president Martelly. Pierre Paul filed a complaint demanding that authorities investigate the “real causes” of the fire. The government offered assistance to rebuild the station, but Paul and her business partner declined the offer in order to maintain their journalistic independence. As of September the station had resumed programming.
On October 10, the body of journalist Nehemie Joseph was found in Mirebalais. Joseph had been working for Panic FM, a local radio station, and for radio Mega, located in Port-au-Prince. Eleven days later, the government fired Mirebalais prosecutor Faublas Romulus, who publicly declared knowing the perpetrators with “90 percent certainty” but failed to make any arrests.
The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authorization.
There were no reports of the government restricting academic or cultural events.
b. Freedoms of Peaceful Assembly and Association
The constitution provides for freedoms of peaceful assembly and association, and the government generally respected these rights.
Under the constitution, citizens have almost unlimited rights to peaceful gatherings. Police must be informed in advance of planned gatherings but cannot prevent the gatherings. The RNDDH reported that approximately 40 persons were killed and 82 injured during violent anticorruption and antigovernment protests in February. The report did not allege HNP responsibility for these deaths or injuries, and it also highlighted that 20 officers were among those injured. The RNDDH reported HNP officers were responsible for the deaths of four protesters during antigovernment protests in June.
c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.
d. Freedom of Movement
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.
f. Protection of Refugees
Access to Asylum: The law provides for granting refugee status or asylum through Haitian missions or consulates abroad. Third-country nationals can petition for asylum through the local office of the UN High Commissioner for Refugees.
At least five state agencies play key roles in providing identity documents to Haitians. Bureaucratic obstacles and a lack of coordination between these agencies made obtaining official documentation complex and costly for most citizens. Due to these systemic deficiencies, many Haitians living abroad without other citizenship or permanent residency were effectively stateless or at risk of statelessness in their country of residence. The International Organization for Migration reported that 65 percent of Haitians who went through their four resource centers along the border with the Dominican Republic in 2018 had no official documentation.
Section 3. Freedom to Participate in the Political Process
The law provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.
Recent Elections: Legislative, municipal, and presidential elections were completed in 2016. While there were isolated allegations of voter fraud, the elections were generally regarded as credible by international and domestic observers. Although voter turnout was low, citizens generally accepted the elections, and public demonstrations against the election results were muted, compared with previous years. Legislative and local elections scheduled for October did not take place and as of December had not been rescheduled.
Political Parties and Political Participation: Some political parties exercised undue influence at the local level, including through threats to journalists and civil society organizations.
Participation of Women and Minorities: No laws limit the participation of women or members of minorities in the political process, but social norms and the threat of electoral violence discouraged women from voting and, to a much greater extent, from running for office. The constitution requires that at least 30 percent of elected officials be women, but both chambers of Parliament fell well short of this quota (3 percent in the Senate, 2.5 percent in the Chamber of Deputies). Local elections, in which candidates run in groups where women must be at least 30 percent of the candidates on the ballot, did reach the quota. Civil society organizations noted female political candidates had little access to campaign financing and that female participation in politics was hindered by cultural norms rejecting female participation in politics.
Section 4. Corruption and Lack of Transparency in Government
The law criminalizes a wide variety of acts of corruption by officials, including illicit enrichment, bribery, embezzlement, illegal procurement, insider trading, influence peddling, and nepotism. There were numerous reports of government corruption, and a perception of impunity for abusers. The judicial branch investigated several cases of corruption during the year, but there were no prosecutions.
Corruption: The constitution mandates that the Senate (vice the judicial system) prosecute high-level officials and Parliament members accused of corruption, but the Senate has never prosecuted a high-level official for corruption.
On January 31 and May 31, the Audit Bureau issued reports on the government’s spending of $1.6 billion in Petro Caribe funds between 2008 and 2018. The two reports identified numerous current and former government officials and private-sector contractors involved in questionable disbursement of government funds, overbilling, collusion, favoritism, and embezzlement. The reports implicated past administrations for alleged misappropriation of public funds, as well as President Moise for alleged misappropriation of contracts worth $1.2 million prior to his presidency. Based on the Audit Bureau’s report to the chief prosecutor, on February 4 then prime minister Jean-Henry Ceant announced a formal complaint against several former government officials. On March 13, the chief prosecutor transferred the case to the judiciary, noting the involvement of several high-level officials in potentially corrupt actions. On July 15, the investigative judge assigned to the Petro Caribe case issued subpoenas for former prime ministers Jean Max Bellerive and Laurent Lamothe and several other high-level officials to answer questions regarding government spending of Petro Caribe funds.
In a separate case, in October 2018 a judge ordered the arrest of former HNP director general Godson Orelus in connection with his role in illegally smuggling arms and ammunition into the country in 2016. Orelus was charged with a number of crimes, including money laundering. After Orelus appealed the charges, a judge released him from custody in April, and an appellate court dropped the charges in May.
In November 2018 unknown assailants fired numerous gunshots into the home and vehicle of Dieunel Lumerant, the presiding judge in an arms-trafficking case involving then chief of the National Palace Security Vladimir Paraison. In January, Judge Lumerant fled the country due to fear for his safety.
Financial Disclosure: The law requires all senior government officials to file financial disclosure forms within 90 days of taking office and within 90 days of leaving office. Government officials stated the requirement was not always followed. There is no requirement for interim, periodic reporting during the officials’ terms. Disclosure reports are confidential and not available to the public. The punishment for failure to file financial disclosure reports is withholding 30 percent of the official’s salary, but the government has never applied this sanction.
Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights
A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials generally cooperated with human rights groups, although they disagreed at times on the scope of certain human rights problems and the most appropriate means of addressing human rights issues. The government generally consulted human rights groups, including the OPC, on legislative matters.
Government Human Rights Bodies: The OPC’s mandates are to investigate allegations of human rights abuse and to work with international organizations, including MINUJUSTH, to implement programs to improve human rights. The OPC’s regional representatives implemented assistance programs throughout the country. Several civil society organizations commended the efforts of the OPC to engage the government and civil society organizations on human rights. Nonetheless, the OPC’s activities were restricted by its small budget, limiting its ability to execute its mandate. In April the OPC published its report for 2017-18 that contained 22 recommendations to government authorities on human rights abuses. The OPC reported that as of May the government had taken action on one of the recommendations, which pertained to prolonged pretrial detention.
In April the government worked with a MINUJUSTH-funded consultant to develop a human rights action plan to implement recommendations from the UN Human Rights Council.
The Chamber of Deputies has a Justice, Human Rights, and Defense Commission, and the Senate has a Justice, Security, and Defense Commission that cover human rights issues.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law prohibits rape of men and women but does not recognize spousal rape as a crime. The penalty for rape is a minimum of 10 years of forced labor. In the case of gang rape, the maximum penalty is lifelong forced labor. Actual sentences were often less severe. The criminal code excuses a husband who kills his wife, her partner, or both found engaging in adultery in the husband’s home, but a wife who kills her husband under similar circumstances is subject to prosecution.
The law does not classify domestic violence against adults as a distinct crime. Women’s rights groups and human rights organizations reported domestic violence against women remained commonplace. Judges often released suspects arrested for domestic violence and rape.
In July, Judge Jean Baptiste Louis Jean acquitted Pastor Onold Petit of the rape of a 14-year-old girl despite DNA evidence confirming that Petit was the father of the child the girl conceived as a result of the assault. The OPC intervened in the case, citing allegations of corruption and irregularities, and called on the CSPJ to intervene. The CSPJ removed Jean from his post in July pending a disciplinary hearing, and the verdict in the rape case was appealed. Civil society organizations continued to denounce the laxity with which sexual assault cases are handled in the Grand’ Anse Department, noting there were 118 pending cases. The OPC representative in Grand’ Anse reportedly received threats from government officials, including from Senator Jean Rigaud Beliziare, who accused the OPC of interfering in the judicial process.
Victims of rape and other forms of sexual violence faced major obstacles in seeking legal justice, as well as in accessing protective services such as women’s shelters. While women were more likely to report cases of sexual and domestic violence than in the past, civil society organizations reported many victims failed to report such cases due to a lack of financial resources. Due to familial responsibilities, victims were usually unable to dedicate the time necessary to follow through with legal proceedings. According to some civil society organizations, many local nonprofit organizations that provided shelter, medical and psychological services, and legal assistance to victims had to reduce services due to a lack of funding. There were reports that in rural areas, criminal cases, including cases of sexual violence, were settled outside of the justice system. According to MINUJUSTH and other judicial observers, prosecutors often encouraged such settlements.
Sexual Harassment: The law does not specifically prohibit sexual harassment, although the labor code states that men and women have the same rights and obligations. Observers indicated sexual harassment occurred frequently. There were no programs to address sexual harassment.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
Discrimination: Women did not enjoy the same social and economic status as men, despite the constitutional amendments requiring that women’s participation in national life and in public service (i.e., political candidates, elected officials, and civil servants) be at least 30 percent of the positions.
By law men and women have equal protections for economic participation. In practice, however, women faced barriers to accessing economic inputs and securing collateral for credit, information on lending programs, and other resources.
Birth Registration: Citizenship is derived through an individual’s parents; either parent can transmit citizenship. Citizenship can also be acquired through a formal request to the Ministry of the Interior. The government did not register all births immediately. Birth registry is free until age two. Approximately 30 percent of children between the ages of one and five lacked birth certificates or any other official documentation. Children born in rural communities were less likely to be documented than those in urban areas.
Education: Constitutional provisions require the government to provide free and compulsory education for all children up to grade nine (when students are approximately age 16); nonetheless, the government did not effectively enforce these provisions. When transitioning to secondary school, children older than age 13 must join a special group that attends school during the evening shift.
Child Abuse: The law prohibits domestic violence against minors. The government lacked an adequate legal framework to support or enforce existing mechanisms to fully promote children’s rights and welfare. The government made some progress in institutionalizing protections for children.
Early and Forced Marriage: The legal age of marriage is 18 years. No data were available regarding early and forced marriage, but early and forced marriage were not widespread customs.
Sexual Exploitation of Children: The minimum age for consensual sex is 18 years, and the law has special provisions for rape of persons who are 16 years of age or younger. The law prohibits the corruption of youth younger than age 21, including prostitution, with penalties ranging from six months to three years of imprisonment for offenders. The law for human trafficking prescribes prison sentences of seven to 15 years’ imprisonment and a fine ranging from 200,000 to 1.5 million Haitian Gourdes (HTG) ($2,070 to $15,500). The penalty for human trafficking with aggravating circumstances, which includes cases involving the exploitation of children, is up to life imprisonment.
MINUJUSTH reported the HNP investigated 136 cases of sexual and gender-based violence between January and June. Of the 140 victims in those cases, 57 were minor girls and eight were minor boys. Several civil society groups reported impoverished children were often subjected to sexual exploitation and abuse. According to these groups, children were often forced into prostitution or transactional sex to fund basic needs such as school-related expenses. Recruitment of children for sexual exploitation and pornography is illegal, but the United Nations reported criminal gangs recruited children as young as 10 years of age.
Institutionalized Children: The Ministry of Social Affairs and Labor’s Institute of Social Welfare and Research (IBESR) has official responsibility for monitoring and accrediting the country’s orphanages and residential care centers. According to the international NGO Lumos, an estimated 25,000 children lived in the more than 750 orphanages in the country. An estimated 80 percent of those children had at least one living parent.
In October 2018 the IBESR announced that only 35 (revised to 29 as of March 2019) of the more than 750 orphanages it inspected complied with the minimum standards for childcare. The IBESR study identified 3,019 potential trafficking victims within the orphanage system. The IBESR attempted to close the orphanages with the most egregious violations but could only do so as quickly as they could find new placements for the affected children. It closed eight orphanages between April 2018 and March 2019 and relocated 52 minors from those facilities. The government accredited 121 families for its newly developed foster care program to make children less vulnerable to trafficking or being revictimized. Local and international antitrafficking organizations noted the government had not provided adequate resources for transitional centers or other temporary housing and care facilities.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
The Jewish community numbered fewer than 100 persons, and there were no reports of anti-Semitic acts.
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The constitution stipulates that persons with disabilities should have the means to provide for their autonomy, education, and independence. The law requires all public buildings and spaces to be accessible to persons with disabilities. The law prohibits discrimination in employment practices against persons with disabilities, requires the government to integrate such persons into the state’s public services, and imposes a 2 percent quota for persons with disabilities in the workforces of private-sector companies. This quota was not met, and the government did not enforce these legal protections.
Local disability rights advocates continued to state that persons with disabilities faced significant obstacles to voting. Persons with disabilities had difficulty obtaining a national identification card, a requirement to vote, because the National Identification Office was inaccessible to persons with disabilities.
Individuals with disabilities faced significant social stigma because of their disability. Persons with mental, developmental, or physical disabilities were marginalized, neglected, and abused in society. The Office of the Secretary of State for the Integration of Handicapped Persons (BSEIPH) in the Ministry of Social Affairs and Labor is the lead government agency responsible for assisting persons with disabilities and ensuring their civil, political, and social inclusion.
Local disability rights organizations reported that the Village of Hope, a deaf community in the town of Leveque in the West Department, suffered from repeated acts of burglary and forced eviction by criminals. Local activists said government authorities, despite being aware of the situation, took no action to protect the community.
The BSEIPH had several departmental offices outside the capital, and it effectively lobbied the government to pass legislation to benefit persons with disabilities. Nonetheless, its efforts were constrained by a limited budget, and there was little progress towards creating a strategic development plan. The BSEIPH provided persons with disabilities with legal advice and job-counseling services. It regularly convened meetings with disability rights groups in all its regional offices.
Some disability rights activists said that social services available to persons with disabilities were inadequate and that persons with disabilities had a significant challenge accessing quality medical care. Hospitals and clinics in Port-au-Prince frequently did not have sufficient space, human resources, or public funds to treat persons with disabilities.
No laws criminalize sexual orientation or consensual same-sex conduct between adults, but there are no antidiscrimination laws to protect lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons from discrimination based on sexual orientation or gender identity.
In October, four members of an LGBTI organization, including its executive director, suffered significant injuries following an assault. As a result of the assault, the organization’s executive director fled the country. In November, three members of the same organization were harassed and threatened in public by a group of individuals waving bottles and sticks. On November 25, Charlot Jeudy, the head of LGBTI rights advocacy KOURAJ, was found dead at his home in Port-au-Prince. Despite some speculation of foul play, the circumstances of his death remained unclear as of December.
There were no reports of police officers actively perpetrating or condoning violence against LGBTI individuals. Some LGBTI groups reported the HNP and judicial authorities were inconsistent in their willingness to document or investigate LGBTI persons’ claims of abuse. HNP academy instructors taught police officers to respect the rights of all civilians without exception. The curriculum specifically trained new officers on crimes commonly committed against the LGBTI community. As a result some civil society leaders noticed a marked improvement in the efforts of the HNP’s Gender and Community Police Units to address the needs of the LGBTI community.
The HNP Sexual and Gender-Based Violence (SGBV) unit remained understaffed. The unit had satellite offices at Fort National and Delmas 33. The HNP assigned officers who had received SGBV training to serve as regional SGBV representatives in all 10 departments. These officers had minimal links to the SGBV unit in Port-au-Prince.
Local attitudes, particularly in Port-au-Prince, remained hostile toward LGBTI individuals who were public and visible about their sexual orientation or gender identity and expression. Some politicians, societal leaders, and organizations actively opposed the social integration of LGBTI persons and discussion of their rights. LGBTI advocacy groups in Port-au-Prince reported a greater sense of insecurity and less trust of government authorities than did groups in rural areas.
Stigma against persons with HIV or AIDS was strong and widespread. UNAIDS reported 70 percent of persons would not use the same toilet as someone with HIV, and 67 percent would not employ or recommend for employment someone whom they know with HIV.
The Demographic and Health Survey 2016-17, published in 2018, reported 57 percent of women and 52 percent of men who heard about HIV said they would deny school entrance to HIV-positive children, and 65 percent of women and 62 percent of men said they would not buy vegetables from persons with HIV.
Section 7. Worker Rights
a. Freedom of Association and the Right to Collective Bargaining
The law establishes and regulates labor relations. It provides for the right of some workers, excluding public-sector employees, to form and join unions of their choice, and to strike, with restrictions. The law allows for collective bargaining and states employers must conclude a collective contract with a union if that union represents at least two-thirds of the workers and requests a contract. Strikes are legal if, among other requirements, they are approved by at least one-third of a company’s workers. The law prohibits firing workers for union activities but is unclear on whether employers can be fined for each violation. Employers should reinstate workers fired for any illegal reason, including for union activity. Article 251 sets very low fines for trade union dismissals and does not provide for reinstatement as a remedy.
The law restricts some workers’ rights. It requires that a union obtain prior authorization from the government to be recognized. The law limits legal strikes to four types: striking while remaining at post, striking without abandoning the institution, walking out and abandoning the institution, and striking in solidarity with another strike. Public-utility service workers and public-sector enterprise workers may not strike. The law defines public-utility service employees as essential workers who “cannot suspend their activities without causing serious harm to public health and security.” A 48-hour notice period is compulsory for all strikes, and strikes may not exceed one day. Some groups were able to strike despite these restrictions by being present at their workplace but refusing to work. One party in a strike can request compulsory arbitration to halt the strike. The law does not cover freelance workers or workers in the informal economy.
The government made efforts to enforce labor laws, although its efforts were not completely effective. Government officials, unions, and factory-level affiliates also continued to expand their dialogue. The labor court is located in Port-au-Prince and is under the supervision of the Ministry of Social Affairs and Labor. It adjudicates private-sector workplace conflicts. Outside of Port-au-Prince, plaintiffs have the legal option to use municipal courts for labor disputes. The law requires ministry mediation before filing cases with the labor court. In the case of a labor dispute, the ministry investigates the nature and causes of the dispute and tries to facilitate a resolution. In the absence of a mutually agreed resolution, the dispute is referred to court.
During the year the labor ombudsperson for the apparel sector and the Ministry of Social Affairs and Labor provided mediation services to workers and employers in Port-au-Prince, Caracol Industrial Park, and Ouanaminthe. Due to limited capacity and procedural delays in forwarding cases from the ministry to the courts, the mediation services of the apparel sector’s labor ombudsperson and the conciliation services of the ministry were often the only practical option for workers’ grievances regarding better pay and working conditions. The labor ombudsperson intervened to improve relationships between employers, workers, and trade union organizations, either upon formal request by workers, unions, or employers’ representatives, or based on labor-related human rights allegations reported by the International Labor Organization’s Better Work Haiti (BWH) program.
The penalties for violations were not sufficient to deter violations, and authorities did not impose or collect them. During the year the government required some factories to remedy labor violations, including violations related to freedom of association. The government did not effectively enforce the law.
Antiunion discrimination persisted, although less than in previous years. Workers continued to report acts of suspension, termination, and other retaliation by employers for legitimate trade union activities.
b. Prohibition of Forced or Compulsory Labor
The law prohibits all forms of forced or compulsory labor, but the government did not effectively enforce the law in all sectors of the economy. The labor ombudsperson did not record any instances of intimidation or employer abuse. Penalties for violations of forced labor laws were insufficient to deter violations.
There were reports that forced or compulsory labor occurred, specifically instances of forced labor among child domestics, or restaveks (see section 7.c.). Children were vulnerable to forced labor in private and NGO-sponsored residential care centers, construction, agriculture, fisheries, domestic work, and street vending. Other children vulnerable to forced labor were internally displaced persons, including those displaced by Hurricane Matthew; members of female-headed, single-parent, or large families; and LGBTI youth left homeless and stigmatized by their families and society (see section 7.c.).
Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
c. Prohibition of Child Labor and Minimum Age for Employment
The worst forms of child labor, including forced child labor, continued to be problematic and endemic, particularly in domestic service. There are no legal penalties for employing children in domestic labor. The law requires employers to pay domestic workers older than 15, but employers of domestic workers use “food and shelter” as unregulated compensation for workers age 15 and younger.
Children younger than 15 commonly worked in the informal sector to supplement family income. Children often worked in domestic work, subsistence agriculture, and street trades such as selling goods, washing cars, serving as porters in public markets and bus stations, and begging. Children also worked with parents on small family farms, although the high unemployment rate among adults kept significant numbers of children from being employed on commercial farms.
Working on the streets exposed children to a variety of hazards, including severe weather, vehicle accidents, and crime. Abandoned and runaway restaveks (see below) were a significant proportion of children living on the street. Many of these children were exploited by criminal gangs for prostitution or street crime, while others became street vendors or beggars.
The most recent study by the Ministry of Social Affairs and Labor, published in 2015, estimated 286,000 children were working in indentured domestic servitude (restaveks), a form of trafficking in persons. Restaveks were often victims of psychological, physical, and sexual abuse. The IBESR and the HNP’s specialized Child Protection Bureau protect the welfare of children. Their efforts were limited by small budgets and insufficient personnel. Restaveks were exploited by being forced to work excessive hours at physically demanding tasks without commensurate pay or adequate food, being denied access to education, and being subjected to physical and sexual abuse. Girls were often placed in domestic servitude in private urban homes by parents who were unable to provide for them, while boys more frequently were exploited for farm labor. Restaveks who did not run away from families usually remained with them until the age of 14. Many families forced restaveks to leave before age 15 to avoid paying them wages as required by law. Others ignored the law, often with impunity.
The minimum age for employment in industrial, agricultural, or commercial companies is 16 years. The minimum age for work does not apply to work performed outside a formal labor agreement. Children age 12 and older may work up to three hours per day outside of school hours in family enterprises, under supervision from the Ministry of Social Affairs and Labor. The law allows children age 14 and older to be apprentices; children 14 to 16 may not work as apprentices more than 25 hours a week. The law states it is illegal to employ children younger than age 16, but it was unclear whether the provision supersedes older statutes that create the sectoral exceptions mentioned above. In addition it was unclear whether there is a minimum age for domestic workers.
The law prohibits anyone younger than 15 years of age from performing any work that is likely to be hazardous; interferes with their education; or is harmful to their physical, mental, spiritual, moral, or social health and development, including the use of children in criminal activities. The law prohibits minors from working under dangerous or hazardous conditions, such as in mining, construction, or sanitation services, and it prohibits night work in industrial enterprises for children younger than 18. The law doubles penalties for employing underage children at night. Prohibitions related to hazardous work omit major economic sectors, including agriculture. No apparel factories were reported noncompliant with respect to child labor during the year. A BWH report covering April 2018 to March 2019 found one case of noncompliance for child labor because one factory failed to request proper identification for some workers during the hiring process.
Persons between the ages of 15 and 18 seeking employment must obtain a work authorization from the Ministry of Social Affairs and Labor unless they work in domestic service. The law has penalties for failure to follow procedures, such as failing to obtain authorization to employ minors between 15 and 18, but it does not provide penalties for the employment of children. The penalties were not sufficient to protect children from labor exploitation. The government did not effectively enforce the law.
The IBESR is responsible for enforcing child labor laws. Resource constraints hindered the IBESR’s ability to conduct effective child labor investigations, but the IBESR and the Brigade for the Protection of Minors (BPM), a unit within the HNP, responded to reports of abuse in homes and orphanages where children worked. The government does not report on investigations into child labor law violations or the penalties imposed. Although the government and international donors allocated supplemental funds for the IBESR to acquire a new administrative space and hire more staff, the IBESR lacked the programs and legislation needed to eliminate the worst forms of child labor.
The National Tripartite Committee, organized by the government to help develop national policy on child labor, updated the list of hazardous work for children younger than 18 in accordance with the International Labor Organization. The hazardous work list remained unratified by Parliament.
The BPM is responsible for investigating crimes against children. It referred exploited and abused children to the IBESR and partner NGOs for social services. The BPM has the authority to respond to allegations of abuse, and to apprehend persons reported as exploiters of child domestic workers. The BPM did not investigate restavek cases because there are no legal penalties it could impose on persons who exploited children in these cases. There is no law with specific protections for child trafficking victims.
d. Discrimination with Respect to Employment and Occupation
The constitution provides for freedom of work for all citizens and prohibits discrimination based on sex, national or geographic origin, religion, opinion, or marital status. For public-sector employment, the constitution states that women should occupy 30 percent of the positions. The labor code does not define employment discrimination, although it sets out specific provisions with respect to the rights and obligations of foreigners and women, such as the conditions to obtain a work permit, foreign worker quotas, and provisions related to maternity leave. The law does not prohibit discrimination based on disability, language, sexual orientation or gender identity, social status, or HIV-positive status.
The government took some steps to enforce the laws through administrative methods, such as through the Ministry of Women’s Conditions and the Office of the Secretary of State for the Integration of Persons with Disabilities. In the private sector, several industries including public transportation and construction, which had been male-oriented, began employing female workers at the same pay scale as men. Despite these improvements, gender discrimination remained a major concern. There was no governmental assessment or report of work abuses. BWH’s assessment of 28 factories between April 2018 and March 2019 identified one case of noncompliance related to gender discrimination. Following the assessment, the factory where the case occurred terminated the offender.
e. Acceptable Conditions of Work
The law provides for a national minimum wage. The Superior Wage Council published new minimum wage levels in November. The daily minimum wage varies by profession, ranging from 250 HTG ($2.60) for domestic workers to 550 HTG ($5.70) for workers in private electricity, finance, telecommunications, and similar activities.
The law known as the 3×8 law organizes and regulates work over a 24-hour period divided into three eight-hour shifts. This law sets the standard workday at eight hours and the workweek at 48 hours for industrial, commercial, agricultural, and tourist establishments, and for public and private utilities. The 3×8 law repealed numerous provisions of the labor code, including provisions that covered working hours, overtime payment, a weekly rest day, and certain paid annual holidays. According to the ombudsperson for industrial affairs, the 3×8 law needed wider distribution to guarantee its implementation.
The law establishes minimum health and safety regulations, and it also sets requirements regarding workers’ health and safety, including rules for onsite nurses at factories, medical services, and annual medical checks. The law allows workers to notify the employer of any defect or situation that may endanger their health or safety, and to call the Ministry of Social Affairs and Labor or police if the employer fails to correct the situation. Occupational safety and health standards are appropriate for the main industries, but these standards were not always enforced.
The Ministry of Social Affairs and Labor is responsible for enforcing a range of labor-related regulations on wage and hour requirements, standard workweeks, premium pay for overtime, and occupational safety and health, but it did not effectively enforce these regulations. Penalties were not sufficient to deter violations, and authorities often did not impose them. There were no prosecutions for the individuals accused of violating the minimum wage or hours of work.
A lack of human resources and other constraints hampered the ministry’s capacity to enforce labor laws. Labor inspectors faced challenges including a lack of funding and training, as well as a lack of support from law enforcement.
There were few reports of noncompliance with overtime provisions in apparel factories. In its 18th Biannual Synthesis Report, BWH found that most factories had at least one noncompliance issue related to emergency preparedness, working hours, or handling of chemical and hazardous substances. Management and union representatives from factories at the Caracol Industrial Park and Metropolitan Industrial Park participated in workshops led by BWH to promote management-worker dialogue, skill development, and improvements in working conditions.
BWH reported cases in which several workers exposed to work-related hazards failed to receive free annual medical exams. The Office of Insurance for Work Accidents, Sickness, and Maternity (OFATMA) is responsible for these exams. Some factories began conducting medical checks-up independently, and OFATMA continued performing its own medical checks at a number of factories. BWH continued to work with factories and OFATMA to improve compliance with this requirement.