Freedom of Association
Database 2024

Freedom of Association
Indicator
Freedom of Association
Countries
LRI 2024
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Haiti

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Haiti’s overall score is 60 out of 100. The overall score for Haiti is lower than the regional average observed across Latin America and The Caribbean (73). Within Latin America and The Caribbean, the highest score is observed in Brazil (85.5).

Haiti ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1979 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1957.

Labour Rights Index 2024

60/100

LRI Country Score

0/100

Freedom of Association Indicator

1.72 %

Trade union density rate (%)

. %

Collective bargaining coverage rate (%)

1.62

SDG indicator 8.8.2

5+

ITUC Global Rights Index 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

No

0

§35(3) of the Constitution of Haïti, 1987; §7, 50, 68, 225-233, 236, 239, 245, 246, and 251 of the Haitian Labour Code, 1961

A

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0

§60-61, 65, & 68 of the Haitian Labour Code, 1961

A

Does the law provide for the right to strike?

No

0

§35(5) of the Constitution of Haiti 1987; §190 & 203-210 of the Haitian Labour Code, 1961

A

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

§50 of the Haitian Labour Code, 1961;USDOS CRHRP 2023 (Haiti)

D

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

Information

Source: §35(3) of the Constitution of Haïti, 1987; §7, 50, 68, 225-233, 236, 239, 245, 246, and 251 of the Haitian Labour Code, 1961

A : National Law

National Labour Legislation

""Article 233 Minors under the age of eighteen may join trade unions with the authorization of their parents or responsible persons. However, they cannot participate in the administration or management of these associations." Article 229 Minors under the age of eighteen, prohibited persons and persons serving an afflictive or infamous sentence cannot be part of a union. Neither can the directors, managers, administrators of this company and the representatives of the employer who exercise management and administrative functions in his name be members of a union formed by the workers of a company"

Information

Source: §60-61, 65, & 68 of the Haitian Labour Code, 1961

A : National Law

National Labour Legislation

"Article 68. When in a company two-thirds of the workers are affiliated to a trade union association formed within the said company, the employer is obliged to conclude a collective labor contract with the trade union if the latter so requests; likewise, the trade union is obliged to conclude a collective contract with the employer if the latter so requests."

Information

Source: §35(5) of the Constitution of Haiti 1987; §190 & 203-210 of the Haitian Labour Code, 1961

A : National Law

National Labour Legislation

"Article 206. To be legal, the slow strike must not exceed twenty-four hours; the warning strike and walkout, one hour; the sympathy strike is only authorized if the initial strike is legal."

Information

Source: §50 of the Haitian Labour Code, 1961;USDOS CRHRP 2023 (Haiti)

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"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.”"