CMNT_TITLE

Forced Labour Convention, 1930 (No. 29) - Belize (RATIFICATION: 1983)

Other comments on C029

Direct Request

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Article 1(1) and 2(1) of the Convention. Obligation to maintain oneself by work enforceable with penalties of imprisonment. In relation to the Committee’s previous request to repeal section 4(1) (xxix) of the Summary Jurisdiction (Offences) Ordinance (which, read together with section 4(9) provides for prison sanctions for a person who being able wholly or in part to maintain himself wilfully refuses or neglects to do so), the Government indicates in its report that efforts will be made to amend the respective legislation as suggested. The Committee recalls that, if enforced by any penalty, a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention as it constitutes an indirect compulsion to work. The Committee hopes that section 4(1) (xxix) of the Summary Jurisdiction (Offences) Ordinance will be reviewed as soon as possible and requests the Government to provide information on any progress made in this respect.

Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee notes the Government’s information on the phenomenon of trafficking in Belize as well as on the practical application of the Trafficking in Persons (Prohibition) Act. It observes that between 2018 and 2020 a total of 20 cases of trafficking in persons (6 for sexual exploitation; 2 for labour exploitation and 12 for both purposes) were registered by the Anti-Trafficking in Persons Council and that in December 2020 one court case ended with the conviction of the trafficker. The Committee also notes that victims of trafficking are predominantly from Guatemala, El Salvador, and Honduras. In line with section 27 of the Trafficking in Persons (Prohibition) Act, victims are not held liable for immigration and criminal offences and are placed in an alternative care unit of the Department of Human Services (DHS). The DHS assesses the needs of the victims on an individualized basis, and provide them with food, medical care, clothes, and psychological and legal counselling. If victims wish to stay in the country, the DHS also assists them to obtain the respective legal permission. The Committee takes note of the different capacity-building activities carried out mainly by the Anti-trafficking Council for government entities. The Committee encourages the Government to pursue its efforts to combat trafficking in persons and protect victims. It requests the Government to provide information on the measures takenin this regard as well asto continue to ensure that cases of trafficking in persons, both for labour and sexual exploitation, are investigated, and that the perpetrators are prosecuted and convicted. Please, provide updated statistical data in this regard. The Committee also requests the Government to provide information on the number of victims of trafficking in persons that have been identified, and of those who have received assistance from the DHS.

Article 2 (2) (c). Prison labour. The Committee notes the absence of information regarding the application in practice of section 69(3) of the Prison Rules, which provides that the Minister responsible for prisons can authorize the work of prisoners for the private benefit. The Committee recalls in this regard that, to be compatible with the Convention, prisoners’ work for private entities must be performed on a voluntary basis, implying the free and informed consent of the prisoners and a certain number of safeguards, indicating the existence of conditions of work which approximate to those of a free employment relationship. Thus, the Committee once again requests the Government to indicate if, pursuant to the indicated legislation,prisoners have carried out work for the benefit of private entities.