Haiti

Article 24

Individual liberty is guaranteed and protected by the State.

Article 35

Freedom to work is guaranteed; every citizen has the obligation to engage in work of his choice to meet his own and his family’s needs, and to cooperate with the State in the establishment of a social security system.

Article 35-1

Every employee of a private or public institution is entitled to a fair wage, to rest, to a paid annual vacation and to a bonus.

Article 35-6

The minimum age for gainful employment is set by law. Special laws govern the work of minors and servants.

Constitution of Haiti 1987 (revised 2012) (PDF)

Article 282.

Anyone who has attempted to engage in morals, by exciting, usually favoring or facilitating the debauchery or corruption of youth, of either sex under the age of twenty-one, Shall be punished with imprisonment from six months to two years. 309.- C. pen. 9-1 °, 26 et seq., 36, 283.

If prostitution or corruption has been excited, favored or facilitated by their father, mother, guardian or other persons in charge of their supervision, the penalty shall be from one year to three years' imprisonment. 257, 281, 283.

Penal Code (PDF)

Section 4

No citizen may be compelled to perform forced or compulsory labor except in the case of a conviction by a court which is lawfully seized.

Forced labor is defined as any work carried out by an individual under the threat of punishment without payment of wages and without his consent.

Any person who has compelled an individual to be compelled to perform forced labor shall be liable to imprisonment for six months to three years or a fine of five thousand gourdes to ten thousand gourdes to be pronounced by the Correctional Court.

In the event of a second offense, the above penalties shall be doubled. The proceeds of the fine shall be paid into the Public Treasury.

Article 1.1 Definitions

For the purposes of this Act:

1.1.1 "Trafficking in persons" means the recruitment, transport, harboring or receipt of persons, through the threat of use or use of force or other forms of coercion, by removal Fraud, fraud by abuse of authority or a situation of vulnerability, or by the offer or acceptance of payments or benefits to obtain the consent of a person having authority over another to Purposes.

Exploitation shall include, as a minimum, forced labor or servitude, exploitation of the prostitution of others or procuring, pornography or other forms of sexual exploitation, forced marriage or exploitation, Forced begging, removal of organs or tissues and adoption for purposes of exploitation as defined in this Act.

Any consent given by a person under the conditions listed above, resulting in the abovementioned exploitations, shall never be valid when any of the means set out in the first paragraph has been used.

The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation is considered a "trafficking in persons" even though None of the means set out in the first subparagraph.

1.1.5 The term "serious forms of trafficking in persons" refers to trafficking in persons for the purpose of sexual exploitation, where this involves the performance of a sexual act for commercial purposes by the Use of force, fraud, or coercion, or when the person performing it has not reached the age of majority.

1.1.11 The term "forced labor" means any work or service required of a person under threat of reprisals whatsoever and for which the person has not consented voluntarily.

Forced labor may involve the supply and conclusion of an employment contract which can be used for the purpose of trafficking and is designed to generate illicit gains for traffickers.

1.1.12 The term "coercion" is understood as a threat to cause serious harm to another person or to physical or psychological constraint; Or any maneuver or plan intended to cause a person to believe that it or any other person would be seriously prejudiced or exposed to physical compulsion in the event of failure to perform an act.

1.1.13 The term "servitude" is the state of submission or condition of dependence of a person unlawfully forced or coerced by a person to provide a service to the person or to another person and who has no other Alternative to providing said service. The servitude may also include domestic services.

1.1.14 The term "debt bondage" shall be deemed to be the condition or condition arising from the fact that a debtor has undertaken to provide his or her personal services without delay, as a security for a debt, Of someone on whom he has authority.

Article 11

Everyone convicted of trafficking in persons as defined in Article 1.1 commits a crime and is liable to imprisonment for seven (7) to fifteen (15) years and a fine of two hundred thousand (200,000) Gourdes to one million five hundred thousand (1,500,000) gourdes.

Article 12

Any person who obtains or attempts to obtain the sexual services of others, knowing that the latter is a victim of trafficking commits a crime punishable by imprisonment and the payment of a fine of fifty thousand (50,000) to one hundred thousand (100,000 ) Gourds.

Article 13

Any person who, acting or claiming to act as an employer of another person, director, contractor or employment agent, intentionally detains the identification document or passport of a person for the purposes of Offenses related to trafficking in persons commits a crime punishable by imprisonment of seven (7) to fifteen (15) years and a fine of two hundred thousand (200,000) gourdes to one million five hundred thousand (1,500,000 ) Gourds.

Article 21

The offences provided for in Articles 11, 13, 14, 15, 16, 17, 18, 19 and 20 shall be punishable by life imprisonment where they are committed in the following circumstances:

1. In respect of a child
2. In respect of several persons ;
3. Where the victim has been raped or suffered similar harm during the period of subjection to trafficking, whether by one or more persons ;
4. In respect of a person who was outside the territory of the Republic and who was brought into the territory of the Republic for this purpose or upon arrival in the territory of the Republic;
5. In respect of a person who is particularly vulnerable on account of his or her age, infirmity, physical or mental disability or state of pregnancy, or any other similar case apparent or known to the perpetrator;
6. Where the person has been brought into contact with the perpetrator through the use of a network for the dissemination of messages to the public ;
7. By abduction, with the use of threats, coercion, violence or deception directed against the person concerned, his/her family or a person in a habitual relationship with him/her;
8. In circumstances which directly expose the victim in respect of whom the offence is committed to a risk, whether immediate or not, of death or injury likely to cause mutilation or permanent disability, or lasting illness ;
9. By a legitimate, natural or adoptive parent or legal guardian of the trafficked person or by a person having authority over the trafficked person, or by a person who has abused the authority or facilities conferred by his or her position; (ii) By a person who is a victim of trafficking in persons, or by a person who has abused the authority or facilities conferred by his or her position
10. By a public officer or civil servant, a depositary or an agent of power or law enforcement, or any person using prerogatives related to his or her functions ;   
11. By a person who has forged false identity documents, false documents, false passports for the passage of victims of trafficking in a foreign territory or their introduction into Haitian territory.

Law on Combating Trafficking in Persons 2014 (PDF)