Texts of pending comments

The Committee notes with deep concern that the Government’s report due since 2014 has not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Articles 1(1) and 2(1). Obligation to maintain oneself by work enforceable with penalties of imprisonment. In previous comments, the Committee noted that sections 4(1) (xxix) and 4 (9) of the Summary Jurisdiction (Offences) Ordinance, Chapter 98, read together, provide that a person who being able wholly or in part to maintain himself wilfully refuses or neglects to do so, is guilty of a petty offence and is liable to imprisonment. In this regard, the Committee recalled that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention if enforced by any penalty. While noting the Government’s indication that no prosecution had been carried out under section 4(1) (xxix) of the Ordinance, the Committee requested the Government to bring its legislation into conformity with the Convention and the indicated practice. The Committee once again requests the Government to take the necessary measures to repeal section 4(1) (xxix) of the Summary Jurisdiction (Offences) Ordinance.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the practical application of the anti-trafficking legislation, including on any difficulties encountered in relation to the prosecution of perpetrators. The Committee notes the adoption of the Trafficking in persons (prohibition) Act, 2013, which applies to all forms of trafficking in persons, whether national or transnational and whether or not connected with an organized criminal group or network. According to section 11(1) of the Act, a person who engages in, conspires to engage in or attempts to engage in, or assists another person to engage in, or organizes or directs another person to engage in, trafficking in persons (both for labour and commercial sexual exploitation) commits an offence and is liable to imprisonment for eight years. The Committee welcomes the fact that section 5 of the Act establishes the Anti-Trafficking in Persons Council (ATIP’s Council) and that, according to section 6, the Council is tasked mainly with coordinating the implementation of the Act, and formulating policies and programmes to prevent or suppress trafficking, including a national action plan on the prevention and suppression of trafficking in persons. The Committee also notes that in its 2018 concluding observations, the United Nations Human Rights Committee expressed concern at the prevalence of trafficking of women combined with low rates of prosecution and sanctioning of traffickers and identification of victims. It also expressed concerned at credible allegations of tolerance for and complicity in officials in human trafficking-related offences and impunity for such acts (CCPR/C/BLZ/CO/1/Add.1, para. 38). The Committee further notes from the 2018 Government’s report to the United Nations Human Rights Council, that in 2018 a Trafficking in Persons Unit was established within the Belize Police Department; and that the ATIP’s Council and the Belize Police Department have conducted trainings to build the capacities of police officers on human trafficking. The ATIP’s Council has also collaborated with other international organizations to train private employers in the tourism sector on the identification of victims of human trafficking (A/HRC/WG.6/31/BLZ/1 paragraphs 32 and 33). The Committee takes note of the efforts undertaken by the Government in combatting trafficking in persons, and requests it to take the necessary measures to ensure that cases of trafficking in persons, both for labour and sexual exploitation, are identified, proper investigations carried out, and prosecutions initiated. In this regard, the Committee requests the Government to provide information on the application in practice of section 11(1) of the Trafficking in Persons (Prohibition) Act, 2013, including on the number of prosecutions, convictions and penalties applied, as well as on the difficulties encountered by the competent authorities in that respect. Finally, the Committee requests the Government to provide specific information on the activities of the Anti-Trafficking in Persons Council indicating whether a national action plan on the prevention and suppression of trafficking in persons has been adopted, as provided for in section 6 of the Trafficking in Persons (Prohibition) Act, and the measures contemplated to protect and assist victims.

Article 2(2)(c). Prison labour. The Committee notes that section 66 of the Prison Rules, Chapter 110 provides that every convicted prisoner shall be employed on useful work for not more than ten hours a day of which, so far as practicable, at least eight hours shall be spent in associated or other work outside the cells. According to section 69(1) of the Prison Rules, the Superintendent of Prisons must authorize the type of work assigned to the prisoners. The Committee further notes that pursuant to section 63(9), the Minister responsible for prisons can authorize the work of prisoners for the private benefit. The Committee recalls that according to Article 2(2)(c) of the Convention, convicted persons should not be hired to or placed at the disposal of private individuals, companies or associations. The Committee requests the Government to indicate whether, pursuant to section 63(9) of the Prison Rules, the Minister responsible for prisons has authorized the work of prisoners for the benefit of private entities.

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 3 of the Convention. Compulsory arbitration. The Committee recalls that in its previous comments it had requested the Government to amend the Settlement of Disputes in Essential Services Act 1939 (SDESA), as amended on several occasions, which empowers the authorities to refer a collective dispute to compulsory arbitration, to prohibit a strike or to terminate a strike in services that cannot be considered essential in the strict sense of the term, including the banking sector, civil aviation, port authority, postal services, social security scheme and the petroleum sector. The Committee notes with regret from the information provided by the Government that while the Schedule to the SDESA was amended twice in 2015, the long-standing comments of the Committee were not addressed. Instead, the two amendments expanded the field of application of the SDESA and added to its Schedule the “port services involving the loading or unloading of a ship’s cargo”, which are also services that do not constitute essential services in the strict sense of the term – that is those the interruption of which would endanger the life, personal safety or health of the whole of part of the population. The Committee requests the Government to amend the Schedule to the SDESA so as to permit compulsory arbitration or a prohibition on strikes only in services that are essential in the strict sense of the term, and to provide information on all progress made in this regard.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 1 and 3 of the Convention. Contribution of the employment service to employment promotion. The Government indicates that in March 2008 the national coordinator responsible for the public employment service was replaced by a senior labour officer. It also reports on the development of an employment service procedure manual, which will serve as a guide for the Employment Units of the Labour Department in providing improved services to jobseekers. In 2009, approximately 903 jobseekers and 1,067 companies were registered with the employment agencies, 366 vacancies were registered and 272 were filled. The Government further reports that the employment service has developed relationships with local organizations such as Youth for the Future, Conscious Youth Development Programme, and the Women’s Department so as to provide additional access to training for jobseekers. In its 2010 General Survey concerning employment instruments, the Committee indicated that the public and private employment services both contribute to the optimal functioning of the labour market and to the realization of the right to work. The Committee invites the Government to provide more specific information on the activities performed by the public employment service to ensure effective recruitment and placement of workers. Please also continue to provide statistical information concerning the number of public employment offices established, the number of applications for employment received, the number of vacancies notified, and the number of persons placed in employment by such offices (Part IV of the report form).

Articles 4 and 5. Participation of social partners. The Government indicates that the Labour Advisory Board does not play an active role in the organization and operation of the employment service. However, it further indicates that one of the tasks to be accomplished by the Board is to draft and recommend an employment service policy. The Committee recalled in its 2010 General Survey, in paragraphs 208–209, that the public services’ direct and constant interaction with employers and jobseekers in the job market is essential for the effective implementation of employment policies. It further recalled that the social partners are an additional source of information for the Government when formulating employment policies. Their involvement instils a sense of ownership, which is necessary for the effective implementation of employment policies. The Committee requests the Government to provide information on the involvement of the social partners in the organization and operation of the employment service through the Labour Advisory Board.

Article 6(b)(iv). Facilitating the movement of workers to other countries. The Government indicates that the Employment Unit of the Labour Department liaised with a Canadian company located in Alberta in 2007 with the intention of recruiting 100 Belizean workers for a period of two years. In this regard, 23 applicants left for Canada in 2008. The Committee invites the Government to continue to provide information on the measures taken by the public employment service to facilitate the movement of workers to other countries.

Articles 7 and 8. Special arrangements for young persons and people with disabilities. The Government states in its report that young persons, unskilled and uneducated jobseekers are considered part of the vulnerable categories of applicants. Young jobseekers are referred to the Youth for the Future and the Conscious Youth Development Programme for assistance. The Government further indicates that the Employment Unit does not cater to the needs of persons with disabilities as employment services are provided by other organizations, such as the Belize Council for the Visually Impaired and the Belize Assembly for Persons with Diverse Abilities. These organizations provide training to persons with disabilities and assist them in finding employment. The Committee invites the Government to include in its next report information of the measures taken for young persons within the framework of the employment and vocational guidance services. Please also provide further information on the measures taken to ensure that employment needs of persons with disabilities seeking employment in the open labour market are met.

The Committee notes with deep concern that the Government’s report, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1 of the Convention. Information on national policies. The Committee takes note that a Regional review meeting of the implementation of the Global Compact for Safe, Orderly and Regular Migration in Latin America and the Caribbean has been held virtually from April 26 to 28, 2021. Noting that the main objective of the review was to provide a common platform where Member States and all other stakeholders can contribute to the debate on the challenges, progress and needs in the implementation of the Global Compact in the region, the Committee asks the Government to provide information on the measures taken or envisaged within the framework of the above-mentioned meeting regarding migrants leaving or entering the country seeking employment.

Articles 2 and 4. Provision of free information and assistance. The Committee previously noted that the approval of temporary employment permits has been transferred from the Department of Immigration and Nationality to the Work Permit Committee of the Labour Department in 2010 and asked the Government to provide information on the free assistance and information services provided to migrant workers by the Public Employment Agency and its offices in the regions, the Labour Department and the Department of Immigration and Nationality. In the absence of information on this point, the Committee recalls that member States are under an obligation either to provide or fund the provision of free information or other assistance to migrant workers or to ensure the existence of such services, and to monitor them and, where necessary, intervene to supplement them. Consequently, the Committee asks once again the Government to provide information on the free assistance and information services provided to migrant workers by the Public Employment Agency and its offices in the regions, the Labour Department and the Department of Immigration and Nationality. Please indicate, if possible, any measures taken to ensure that the information and services provided are reaching emigrants and immigrants in an effective manner.

Article 3. Misleading propaganda. Previously, the Committee had noted that the Anti-Trafficking in Persons Committee has carried out public awareness campaigns with the objective of addressing false and misleading information, especially to migrants and asked the Government to provide information on the impact of the steps taken against misleading and false information regarding the migration process. In the absence of information in this regard, the Committee wishes to stress that trafficking in persons is a severe form of migration in abusive conditions and recalls the provisions of the instruments in this regard, as well as the core international labour standards on forced labour. The Committee thus, once again, asks the Government to provide information on the steps taken against misleading propaganda relating to emigration and immigration, and their impact on the migration process, including public awareness programmes. Further, recalling the importance given by the Convention to the sharing of migration-related information among member States, the Committee asks the Government to communicate relevant data on labour migration flows or patterns in the country or region, disaggregated by sex and age, and information on any measures taken or envisaged to cooperate with other member States in this regard.

Article 5. Entry requirements and medical examinations. In its last comment, the Committee had asked the Government to provide information on the application in practice of section 5(1)(a), (b), (c) and (e) of the Immigration Act, including the number of non-nationals seeking employment in Belize who have been prohibited entry or who have been expelled on the basis of these provisions. It also had asked the Government to indicate whether any consideration has been given to amending the provisions of the Immigration Act concerning prohibited immigrants in the light of scientific developments and changing social attitudes, and to prevent discrimination. The Committee notes that in 2018, the Immigration (Amendment) Act (No.10/2018) modified a number of provisions. It notes with regret that section 5(1)(a), (b) (c) and (e) remained the same, as it continues to prohibit the entry of the following: “any person who is likely, when entering Belize, to become a charge on public funds by reason of infirmity of body or mind or of ill health” (section 5(1)(a)) and “any idiot or any person who is insane or mentally deficient or any person who is deaf and dumb or deaf and blind, or dumb and blind, unless in any such case the person or a person accompanying him or her or some other person gives security for the person’s permanent support or removal therefrom” (section 5(1)(b)). The Committee draws once again the Government’s attention to the fact that, while medical testing and the prohibition of entry of persons on the ground that they may constitute a grave risk to public health is likely to be a routine and a responsible precaution prior to permitting entry of non-nationals, the exclusion of individuals on certain medical or personal grounds which do not pose a danger to public health or a burden to public funds may be dated due to scientific developments or changing social attitudes, and some constitute unacceptable discrimination (see General Survey on migrant workers, 1999, paragraphs 262 and 263). Moreover, the Committee notes that pursuant to section 5(1)(c), any person certified by a medical practitioner to be suffering from a communicable disease, which makes the entry into Belize dangerous to the community, is also prohibited entry. It also notes that section 5(1)(e) of the Act prohibits entry of homosexuals. The Committee recalls that refusal of entry or repatriation on the grounds that the worker concerned is suffering from an infection or illness of any kind which has no effect on the task for which the worker has been recruited, constitutes an unacceptable form of discrimination (General Survey, 1999, paragraph 266). In this context, the Committee also refers to Paragraph 28 of the HIV and AIDS Recommendation, 2010, according to which migrant workers, or those seeking to migrate for employment, should not be excluded from migration by countries of origin, transit or destination on the basis of their real or perceived HIV status. The Committee asks the Government to take the appropriate measures to amend section 5(1)(a), (b), (c) and (e) of the Immigration Act 2018 in light of scientific developments and changing social attitudes, and to prevent discrimination against migrant workers. The Committee also asks the Government to provide information on the number of migrant workers who have been refused entry in Belize on the basis of the above provisions of the Immigration Act.

Article 6. Equality of treatment. The Committee previously noted that, section 42 of the Labour (Amendment) Act of 2011 protects against discrimination based on race, sex, religion or nationality only with respect to unfair dismissal or discipline. Moreover, labour officials, through advice, education and inspection of employers, workers and other interested parties, ensure dissemination of information regarding equality of treatment, and that many labour complaints, including those giving rise to complaints for compensation, come from workers from neighbouring countries of Central America. The Committee asked the Government to provide information on the application in practice of Article 6 of the Convention. In the absence of information on the effective application of Article 6 of the Convention, the Committee asks once again the Government to provide information on any cases dealt with by the labour inspection services, the Labour Department or the courts with respect to the matters raised in Article 6(1)(a)–(d) of the Convention, irrespective of reciprocity. Please indicate the mechanisms and procedures allowing migrant workers, in practice, to seek redress on an equal footing with nationals regarding situations of non-respect of the right to equal treatment with respect to working conditions, including termination, without facing the risk of losing their residence permit.

Statistics. The Committee previously noted that, according to the 2012 Labour Force Survey: 29,951 persons were foreign born out of the total employed population of 126,722. Applicants for temporary employment permits totalled 568 in 2011, with the majority being from United States citizens (156) and Guatemalan nationals (125). Most of the employment was in farm work. The Committee also noted that the Immigration and Nationality Department recorded the entry of 16 refugees in 2009, 25 refugees in 2010 and 20 refugees in 2011. With regard to the persons applying in 2009–11 for the qualifying certificates under the Caribbean Community (free Movement of Skilled Persons) Act, 1999, 39 certificates were issued to Belizeans and 40 certificates were issued to CARICOM nationals (15 men and 25 women) for employment in finance, education and tourism. The Committee recalls the importance of data collection for determining the nature of labour migration and inequalities of treatment faced by migrant workers, to set priorities and design measures, and to evaluate their impact and make adaptations where necessary. The Committee asks once again the Government to provide updated statistical information, disaggregated by sex and nationality on the number of foreign nationals employed in Belize, as well as on the number of nationals employed abroad with an indication of the country of destination and the sector of employment.

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee had noted the observations of the International Trade Union Confederation (ITUC) in 2014. The Committee notes with regret that the Government has not yet replied to these observations and requests it once again to provide its comments in this respect.

Articles 1 and 3 of the Convention. Protection against acts of anti-union discrimination. In its previous comments, following the 2011 ITUC observations regarding those two sectors, the Committee had requested the Government to provide statistics on the number of acts of anti-union discrimination that are reported to the authorities in the banana plantation sector and in export processing zones and on the outcomes of the denunciations in this respect. The Committee notes that the Government indicates that during the reporting period (July 2013 to June 2017) no acts of anti-union discrimination were denounced to the authorities in these sectors. Highlighting that the absence of anti-union discrimination complaints may be due to reasons other than an absence of anti-union discrimination acts, and recalling the specific allegations raised by the ITUC, the Committee requests the Government to take the necessary measures to ensure that, on the one hand the competent authorities take fully into account in their control and prevention activities the issue of anti-union discrimination, and that on the other hand, the workers in the country are fully informed of their rights regarding this issue. The Committee requests the Government to provide information on measures taken in this regard, as well as any statistics concerning the anti-union discrimination acts reported to the authorities.

Article 4. Promotion of collective bargaining. In its previous comments, the Committee had requested the Government to take measures to amend section 27(2) of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act (TUEOA), which provides that a trade union may be certified as the bargaining agent if it is supported by at least 51 per cent of employees, as this requirement of an absolute majority may give rise to problems given that, if this percentage is not attained, the majority union would be denied the possibility of bargaining. In its latest comment, the Committee noted the Government’s indication that: (i) the Tripartite Body and the Labour Advisory Board had engaged in discussions on a possible amendment to the Act; and (ii) based on these consultations, it had been recommended to reduce to 20 per cent the trade union membership threshold required to trigger a poll, while retaining the requirement of a 51 per cent approval of those employees voting and to require a turnout at the poll of at least 40 per cent of the bargaining unit. The Committee notes that the Government indicates that section 27(2) of the TUEOA has not been amended but that discussion continues among the social partners in this regard. The Committee requests the Government to continue promoting social dialogue in order to bring section 27(2) of the TUEOA into conformity with the Convention and to provide information on any developments in this respect. The Committee reminds the Government that it may avail itself of technical assistance from the Office.

Promotion of collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered by these agreements.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

The Committee notes with deep concern that the Government’s report, due since 2012, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Gender pay gap. Private sector. The Committee recalls that: (1) according to the last labour force survey (2012), men constituted the larger part of the labour force at 80,294 compared with 46,428 women, and men generally earned more than women; and (2) by virtue of Statutory Instruments Nos 55 and 56 of 2012, the minimum wage increased from 3.1 Belize dollars (BZD) per hour to BZD3.3 per hour. The Committee again asks the Government to indicate the specific measures taken or envisaged to address the gender pay gap, including the measures to increase women participation in the labour force and their representation in middle and higher income levels, and the results achieved. The Committee also requests the Government to indicate also whether any labour market survey has been undertaken since 2012, as well as any revision of the Statutory Instruments Nos 55 and 56 of 2012.

Public sector. The Committee recalled that, according to the latest information provided by the Government, there was a significant gender imbalance in the composition of the police force and members of the defence force, which is not the case for public officers. In the absence of any recent information in that regard, the Committee asks the Government to provide updated information on the prevailing pay scales and the corresponding grades and posts, including the list of occupational categories and the pay scales for public officers, in particular police officers and members of the defence force, disaggregated by sex. It also asks the Government to indicate the concrete measures taken or envisaged to increase the participation of women at all levels of the police and the defence force, including any awareness-raising activities to combat stereotypes regarding women’s aspirations, preferences and capabilities.

Article 1(a) of the Convention. Equal remuneration. The Committee recalls that, according to the Widows’ and Children’s Pension Act of 1976, only male public officers contribute to the Children’s Pension Fund, and therefore the pension is paid only to their wives and children under the age of 16 and those children pursuing full-time education. The Committee also recalls that the Ministry of Labour had indicated that it had undertaken consultations with the Labour Advisory Board (LAB), which is comprised of representatives from employers’ and workers’ organizations, to amend the Widow’s and Children’s Pension Act to ensure that women and men are treated equally with respect to the opportunity to contribute to the pension scheme and to be entitled to the benefits under the Act. The Committee notes that the Widows’ and Children’s Pension Act was revised in 2000. However, it notes with regret that still only male public officers contribute to the Children’s Pension Fund as a “public officer” means a male person serving, whether on probation or not, in the public service on pensionable terms (interpretation section). It also notes that the Government did not seize the opportunity of the revision of the Act to phrase its provisions in a gender-neutral language to avoid any discrimination based on the sex or gender of the worker concerned. The Committee asks the Government to take steps, in consultation with the Labour Advisory Board, to amend or repeal the Widow’s and Children’s Pension Act to ensure that both men and women civil servants contribute to the pension fund and have access to its benefits on an equal footing.

Articles 1(b) and 2. Equal remuneration for men and women for work of equal value. Legislation. The Committee recalls that section 3(1) of the Equal Pay Act of 2003 refers to “equal pay for equal work”, which is narrower than the principle of equal remuneration for work of “equal value” enshrined in Article 1(b) of the Convention, and that section 2(1) of the Act states that equal remuneration between men and women is limited to work involving similar duties, conditions, qualifications, skills, effort, etc. which does not encompass the concept of “equal value”. The Committee also recalls that the LAB had proposed amendments to extend the application of the Equal Pay Act to cover claims for equal pay for work of equal value. The Committee notes that the Equal Pay Act Chapter 302:01 was revised in 2011. It notes with regret that despite such revision section 3(1) of the Act remained unchanged It also notes that the Labour Act of 2011 does not contain any provision reflecting the principle of equal remuneration for work of equal value. The Committee further notes that according to the 2013 National Gender Policy: “the passage of legislation on Equal Pay for Work of Equal Value also requires special strategies to ensure its effective implementation in Belize. Thus far, no precedents have been established as no cases have been legally challenged” (page 29). The Committee recalls that the concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, as it permits a broad scope of comparison, including, but going beyond, equal remuneration for “equal” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see General Survey on the fundamental Conventions, 2012, paragraph 673). The Committee asks the Government to engage with the Labour Advisory Board to revise the Equal Pay Act of 2003, as well as the Labour Act of 2011, with a view to giving full legislative expression to the principle of equal remuneration for men and women for work of equal ‘value’, and to provide information on the progress made in this regard. The Committee also asks the Government to provide information on the impact of the measures adopted to implement the 2013 National Gender Policy with respect to the progress achieved toward the realization of the principle of the Convention.

Articles 3 and 4. Objective job evaluation. Cooperation with employers’ and workers’ organizations. The Committee asks the Government to provide information on any measures taken or envisaged to implement an objective job evaluation method in the public sector and promote its use in the private sector. It also asks the Government to provide information on the activities of the Labour Advisory Board, in relation to the effective application of the principle of equal remuneration for men and women for work of equal ‘value’.

Enforcement. Labour inspection. Recalling the important role of labour inspectors in ensuring the application of the principle of equal remuneration for men and women for work of equal ‘value’, the Committee requests the Government to take the necessary steps to build the capacity of labour inspectors to identify discrimination and inequalities relating to pay for men and women workers and to offer advice on the most effective ways to put an end to such discrimination and inequalities. The Committee requests the Government to provide information on any labour inspection activities carried out specifically in this sphere.

Article 1(a) of the Convention. Sanctions involving the obligation to work as a punishment for the expression of political views or views ideologically opposed to the established political, social or economic system. The Committee notes that according to section 231 of the Criminal Code, Chapter 101, a person who continues to engage in a riot or assemble for the purpose of committing a riot, after a proclamation is made commanding the persons engaged therein to disperse, is punishable by imprisonment for five years (sanctions of imprisonment involve compulsory labour pursuant to section 66 of the Prison Rules, Chapter 101). Section 245(1) of the Criminal Code defines riot as the situation in which five or more persons together in any public or private place commence or attempt to, among others, execute a common purpose of obstructing or resisting the execution of any legal process or authority. The Committee recalls that when criminal provisions are worded in terms broad enough to lend themselves to application as a means of punishment for expressing political views or views ideologically opposed to the established political, social or economic system, and in so far as they are enforceable with sanctions involving compulsory labour, such provisions fall within the scope of the Convention. The Committee has stressed, nevertheless, that the imposition of penalties involving compulsory labour on persons who use violence, incite to violence or engage in preparatory acts aimed at violence are not incompatible with the Convention (see 2012 General Survey on the fundamental Conventions, paragraphs 302 to 307). The Committee therefore requests the Government to provide information on any case of practical application of section 231 of the Criminal Code, including copies of relevant court decisions illustrating their scope of application and indicating the acts that were subject to sanctions and the penalties imposed, in order to enable the Committee to ascertain the scope of this provision.

Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. In its previous comments, the Committee noted that section 60(1) and (3) of the Harbours and Merchant Shipping Act, Chapter 234 (revised edition, 2000) provided for penalties of imprisonment for breaches of discipline such as desertion or absence without leave and disobedience, and that deserted seafarers may be forcibly returned on board ship. The Committee noted that by virtue of section 66 of the Prison Rules, Chapter 110, every convicted prisoner has the obligation to perform labour. The Committee recalled that the imposition of sanctions involving compulsory labour in relation to disciplinary offences should be limited to acts tending to endanger the ship or the life or health of persons. The Committee also pointed out that provisions under which seafarers may be forcibly returned on board ship to perform their duties are incompatible with this Convention. Therefore, it requested the Government to take measures to bring the Harbours and Merchant Shipping Act, into conformity with the Convention. The Committee notes with satisfaction that section 60 of the Harbours and Merchant Shipping Act (Chapter 234) was repealed by the Act No. 11 of 2007.

Article 1(c) and (d). Penalties involving compulsory labour as a punishment for having participated in strikes. For a number of years, the Committee has referred to section 35 (2) of the Trade Unions Act, Chapter 300, according to which a person employed for the provision of a public service (electricity, water, railway, health, sanitary or medical service, communication or any other services declared by the Minister to be a public service), who wilfully or maliciously breaks his/her contractual obligations knowing or having reasonable cause to believe that the probable consequences of his/her so doing, either alone or in combination with others, will be to cause injury or danger or grave inconvenience to the community, commits an offence and is liable to imprisonment.

The Committee observed that section 35(2) of the Trade Unions Act provides for prison sanctions involving compulsory labour in relation to acts that will not only cause injury or danger to the community but, alternatively, will cause grave inconvenience to the community, and applies to a large range of public services that are not limited to services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. The Committee recalled in this respect that the imposition of sanctions involving compulsory labour as a punishment for breaches of labour discipline or for having participated in strikes is incompatible with the Convention.

The Committee notes the Government’s indication in its report that the Labour Advisory Board was reactivated to revise national legislation in order to bring it into conformity with international labour Conventions. Thus, the Committee once again requests the Government to take the necessary measures to review section 35 (2) of the Trade Unions Act in order to bring the legislation into conformity with the Convention and ensure that no sanctions involving compulsory labour could be imposed as a punishment for breaches of labour discipline that do not endanger the life, personal safety or health of the whole or part of the population, or for peaceful participation in strikes. The Committee requests the Government to provide information on any progress made in this respect and encourages the Government to avail itself of ILO technical assistance in this regard.

The Committee is raising other points in a request addressed directly to the Government.

The Committee notes with deep concern that the Government’s report, due since 2015, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1(1)(a) of the Convention. Discrimination on the ground of sex. Sexual harassment. The Committee notes that the Criminal Code (section 65) does not mention “sexual harassment” and that by criminalizing only sexual offences such as rape, attempted rape, marital rape, carnal knowledge, forcible abduction, unnatural offence, incest or indecent assault, it does not address the full range of behaviours that constitutes sexual harassment in employment and occupation. Further, the Committee notes the absence, in the Labour Act of 2011, of provisions protecting workers against sexual harassment. In this regard, it wishes to recall that, it has consistently expressed the view that sexual harassment is a serious manifestation of sex discrimination to be addressed within the context of the Convention. Given the gravity and serious repercussions of sexual harassment, the Committee recalls its 2002 General Observation highlighting the importance of taking effective measures to prevent and prohibit sexual harassment at work. Such measures should address both: (1) any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men, which is unwelcome, unreasonable, and offensive to the recipient; and a person's rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job (quid pro quo); and (2) any conduct that creates an intimidating, hostile or humiliating working environment for the recipient (hostile work environment). While acknowledging the difficult situation prevailing in the country following Tropical Storm Erika (2015) and hurricane Maria (2017), the Committee asks the Government to consider including in the Labour Act provisions to establish: (i) legal protection against sexual harassment which explicitly defines and prohibits both quid pro quo and hostile work environment; and (ii) appropriate remedies. The Committee also asks the Government to provide information on any awareness-raising measures taken, in cooperation with social partners, with a view to improving the prevention and elimination of sexual harassment in employment and occupation.

Article 1(3). Protection against discrimination relating to all aspects of employment. The Committee recalls that section 16(4) of the Constitution, provides for exceptions to the principle of non-discrimination. It also recalls that section 42 of the Labour (Amendment) Act of 2011, provides for protection against unfair dismissal or discipline based on the grounds of race, colour, sex, marital status, ethnic origin, family responsibilities, religion, nationality, indigenous population, social origin, political opinion (where it does not interfere with work performance), workers’ physical structure, disability or age, pregnancy, union membership and HIV status. Noting the Government’s indication that the prohibition only applies in the context of dismissal, the Committee had asked the Government to extend this prohibition to all aspects of employment and occupation, that is to vocational training, access to employment and to particular occupations, and terms and conditions of employment, as requested by Article 1(3) of the Convention. In its reply, the Government informed the Committee that such an extension was not currently envisaged and added that it had received no complaints concerning section 42 of the Labour (Amendment) Act. The Committee notes that, in 2020, the Labour Act, Chapter 297 (Amendment) was amended. It notes with regret that the Government has not seized this opportunity to amend section 42. The Committee recalls that, under Article 1(3) of the Convention, the terms “employment” and “occupation” also include access to education, guidance and training. In this respect, the Committee highlights the important role of the State in this context: access to education and to a wide range of vocational training courses is of paramount importance for achieving equality in the labour market. It is a key factor in determining the actual possibilities of gaining access to a wide range of paid occupations and employment, especially those with opportunities for advancement and promotion. Vocational guidance and taking active measures to promote access to education and training, free from considerations based on stereotypes or prejudices, is essential in broadening the range of occupations from which men and women are able to choose (see General Survey on the fundamental Conventions, 2012, paragraphs 749–751). The Committee asks the Government to ensure that the protection from discrimination based on any of the grounds set out in section 42 of the Labour (Amendment) Act cover all aspects of employment and occupation, including access to education, guidance and vocational training. It also asks the Government to provide information on: (i) any awareness-raising activities on the legislation concerning equality of opportunity and treatment in employment and occupation, as well as the avenues of dispute resolution; and (ii) any complaints filed based on any ground prohibited by the Labour (Amendment) Act, 2020 and the results thereof. The Committee also asks the Government to provide information on the application in practice of section 16(4) of the Constitution.

Article 2. National Gender Policy. The Committee takes note of the revised National Gender Policy of 2013 (NGP). The NGP set up five policy priorities in the area of: health, education and skills training, employment generation, gender-based violence, and decision-making. According to the NGP, labour force data reveals that although there are slight increases in women’s labour force participation rate since 2002, less than half of females over 14 years old participate in the labour force versus approximately three-fourths of males over 14 years. A majority of women are employed in basic occupations, while men tend to be represented primarily in agriculture activities, in the forest and fisheries sectors and in the defence force. Even in sectors in which women comprise a majority of the work force, they still experience more unemployment than men (page 25). The NGP has also provided a number of recommendations in order to overcome the obstacles to women’s participation in the labour force, such as mainstreaming gender equality in the planning, implementation and monitoring of a number of strategies, including the National Poverty Elimination Strategies and the National Disaster Preparedness Response Plan and the creation of a National Employment Agency and Small Business Development Programme. The Committee notes from the 2020 Labour Force Survey that there is still a large gender disparity in the labour market with a high unemployment rate among women (17 per cent) compared to men (11.6 per cent). The Committee asks the Government to provide information on the measures taken and the results achieved within the framework of the revised National Gender Policy of 2013 to: (i) promote employment opportunities for women, including better access to jobs with career prospects and decision-making positions; and (ii) enhance women access to education in general and to a wider range of vocational training courses and occupations, including those in which men traditionally participate. The Committee also asks the Government to provide information on any revision of the NGP.

National policy. Indigenous peoples and ethnic minorities. The Committee notes that, according to the 2020 Labour Force Survey, the unemployment rate of the Creole was 16.9 per cent (15 per cent male versus 19.4 per cent female); 16.8 per cent for the Garifuna (11.4 per cent male versus 22.3 per cent female); while the rate reached 14.9 per cent in the Maya community (14.7 per cent male versus 15.2 per cent female). The Committee recalls that, where labour market inequalities exist along ethnic lines, a national policy to promote equality of opportunity and treatment, as envisaged in Articles 2 and 3 of the Convention, should include measures to promote equality of opportunity and treatment of members of all ethnic groups with respect to access to vocational training and guidance, placement services, employment and particular occupations, and terms and conditions of employment (General Survey, 2012, paragraph 765). The Committee asks the Government to provide information on any specific measures adopted: (i) to ensure indigenous peoples’ access to education, land and resources, especially those which allow them to practice their traditional activities; and (ii) to promote real equality of opportunity and treatment with other categories of the population.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 3(c). Practices which are inconsistent with the national policy on equality of opportunity and treatment. In its previous comments, the Committee referred to the situation of female teachers who were dismissed after becoming pregnant, out of wedlock, and requested the Government to take measures thereon and noted the decision rendered on 30 April 2004 in which the Supreme Court of Belize referred to the international obligations of Belize and underlined the importance of the constitutional and legal issues at stake and “the ramifications for a national gender policy”. The Court concluded that the dismissal of a teacher in a public-funded Catholic school because she had become pregnant out of wedlock amounted to discrimination on the basis of sex and was a violation of her rights under article 16(2) of the Constitution. In its last comment, the Committee: (1) noted the Government’s indication that in order to address this kind of discriminatory practices in the education system, the Ministry of Education had created a Teachers Services Commission that will deal objectively with all the administrative and disciplinary issues related to teachers; and (2) requested the Government to provide information on the issues dealt with by the Teaching Service Commission and the decisions adopted. In the absence of information on this point, the Committee once again requests the Government to provide information on the concrete measures taken by the Teaching Service Commission to address discriminatory practices in the education system such as those described above in particular.

Article 5. Employment of women in night work. The Committee notes that section 161 of the Labour Act prohibits night work for women. The Committee wishes to point out that when provisions relating to protective measures for women are considered, a distinction should be made between special measures protecting maternity in the strict sense, which come within the scope of Article 5 of the Convention, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, the Committee considers that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see General Survey, 2012, paragraphs 839 and 840). Further, the Committee notes that Belize has ratified the Night Work (Women) Convention (Revised), 1948 (No. 89) and indicated that the Labour Advisory Board has recommended the elimination of all restrictions on night work for women and consequently the denunciation of Convention No. 89 and the ratification of the Night Work Convention, 1990 (No. 171) which is not devised as a gender-specific instrument, but focuses on the protection of all those working at night. The Committee therefore refers the Government to its comment under Convention No. 89. The Committee encourages the Government to consider amending, in consultation with employers’ and workers’ organizations and in particular with women workers’ organizations, section 161 of the Labour Act prohibiting night work, in light of the principle of gender equality and technological developments, in order to ensure that any restriction or limitation on the employment of women is strictly limited to maternity protection, and to provide information on any steps taken in this regard.

The Committee notes with deep concern that the Government’s reports, due since 2015, have not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Conventions on the basis of the information at its disposal.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection) and 155 (OSH) together.

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Articles 4, 7 and 8 of the Convention. Formulation and review of the national OSH policy. Legislation. The Committee previously noted the Government’s reiterated reference to an OSH Bill developed in 2003. The Committee observes that a draft OSH Bill was introduced in 2014, but has not been adopted. In its previous comments, the Committee also noted that the National OSH Policy was approved in 2004, which set up both general and specific objectives, including the principle of prevention and the promotion and maintenance of OSH standards at all workplaces. However, the Committee notes that the 2004 Policy has not been reviewed or updated. The Committee requests the Government to provide information on the status of the OSH Bill, and on any new legislation adopted which relates to the application of the Convention. The Committee also requests the Government to indicate the measures taken for the review and update of the 2004 National OSH Policy, including any consultation held with social partners. Furthermore, the Committee requests the Government to provide information on any measures taken or envisaged to review the situation of OSH and the working environment in the country, either overall or in respect of particular areas, with a view to identifying major problems and effective methods for dealing with them.

Article 5. Main spheres of action affecting OSH and the work environment. The Committee notes that the 2004 National OSH Policy provides for training and education in the field of OSH and defines the role and responsibilities of different stakeholders in this regard, putting emphasis on communication and cooperation (in accordance with Article 5(c) and (d)). The Committee notes, however, that the 2004 National OSH Policy does not address other elements required by Article 5 of the Convention, including the design, testing, choice, substitution, installation, arrangement, use and maintenance of the material elements of work (Article 5(a)) and the relationships between the material elements of work and the persons who carry out or supervise the work (Article 5(b)). The Committee requests the Government to provide information on any measures taken or envisaged to give effect to Article 5(a) and (b) of the Convention.

Article 11(c) and (e). Notification of occupational accidents and diseases. Production and publication of annual statistics. The Committee notes that the Social Security Board publishes annual statistical reports, including information on occupational injuries due to accidents. The Social Security’s Statistical Report of 2019 contains information on the number, nature and causes of occupational injuries for 2015–19, and the sectors in which they occurred. The Committee requests the Government to provide information on any applicable procedures regarding the notification by employers of occupational accidents and diseases to the competent authority. It also requests the Government to indicate whether statistics on occupational diseases are collected and published, in addition to those on occupational accidents.

Article 11(f). Introduction of systems to examine chemical, physical and biological agents in respect of the risk to the health of workers. The Committee previously noted that, in November 2010, the Government launched the Strategic Approach to International Chemicals Management (SAICM), entailing the implementation of a chemicals management system in two phases through a multi-sectoral approach. Phase II of this project was launched in June 2012, aiming at the development of a legal and institutional framework for the management of chemicals, including market surveillance measures. The Committee requests the Government to provide information on any developments in chemical management, including legal and institutional initiatives taken in this regard. It also requests the Government to indicate whether there are any similar management frameworks regarding physical and biological agents.

Article 12. Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee requests the Government to provide information on any measures taken or envisaged, in law and in practice, to ensure the responsibilities of those who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use with regard to the safety and security of concerned persons, as required by Article 12 of the Convention.

Article 17. Collaboration where two or more undertakings are engaged in activities simultaneously at one workplace. The Committee requests the Government to provide information on any measures taken to ensure collaboration in applying the requirements of the Convention, whenever two or more undertakings are engaged in activities simultaneously at one workplace.

Article 18. Emergencies and first aid. The Committee notes that both the Factory Act (section 12(1)(c)) and the Labour Act (section 155(b)) provide for the development of regulations on the provision of first-aid equipment. The Committee requests the Government to indicate whether there are any laws or regulations adopted (including under the Factory Act or the Labour Act) to provide for measures to be taken in case of emergencies and accidents, including adequate first-aid arrangements.

Article 21. Expenditure on OSH measures. The Committee requests the Government to provide information on any measures taken to ensure that OSH measures do not involve any expenditure for workers.

B. Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 3(1) of the Convention. Protection measures. The Committee notes that, according to section 94 of the Labour Act, the Minister of Labour may adopt regulations regarding any operation involving the exposure of workers to ionizing radiations, to: (i) prohibit the employment of, or modify or limit the hours of employment of all persons or any class of persons in connection with any such operations; or (ii) prohibit, limit or control the use of any material or process in connection with any such operation, and may impose duties on owners, employers, employed persons and other persons, as well occupiers. In addition, while reiterating its concern at the absence of a government report, the Committee notes with interest the adoption of the Radiation Safety and Security Act in October 2020, following technical assistance from the International Agency for Atomic Energy (IAEA). It notes that the Radiation Safety and Security Act establishes the Office of Radiation Safety and Security within the Ministry responsible for the environment (the Office). Pursuant to section 42 of this Act, this Office shall prescribe requirements for radiation protection to be met before any activity or practice can be licensed, including all steps that shall be taken by the licensee for the protection and safety of workers by keeping doses below the relevant threshold. The Committee requests the Government to indicate whether any regulations have been adopted by the Minister of Labour pursuant to section 94 of the Labour Act. It also requests the Government to provide detailed information on the requirements prescribed for licensees under section 42 of the Radiation Safety and Security Act, regarding the protection of workers against ionizing radiation.

Article 3(2). Data collection. The Committee notes that, according to section 9(1)(l), (m) and (n) of the Radiation Safety and Security Act, the Office shall establish and maintain a national register of radiation sources, persons licenced to carry out activities or practices under the Act, as well as other registers as necessary. The Committee requests the Government to provide information on the implementation in practice of these provisions, such as the information required for the purpose of the register and the method of data collection.

Articles 6 and 8. Determination and review of maximum permissible doses. The Committee notes that, according to section 41(2) of the Radiation Safety and Security Act, the Office shall prescribe dose limits for persons that may not be exceeded in conducting activities or practices involving, among others, the production or use of radiation sources. Section 41(3) further provides that any dose limits prescribed shall take into account the recommendations of the IAEA and the International Commission on Radiation Protection. The Committee observes that there do not seem be any dose limits prescribed by the Office following the adoption of the Radiation Safety and Security Act in October 2020. The Committee requests the Government to indicate the measures taken to ensure that the maximum permissible doses or amounts are determined without delay. It also requests the Government to provide information on any mechanism ensuring the review of such dose limits.

Article 9. Warning of the presence of hazards from ionizing radiations and instructions for workers directly engaged in radiation work. The Committee requests the Government to provide information on any measures taken to ensure that: (i) appropriate warnings are used to indicate the presence of hazards from ionizing radiations; and (ii) adequate instructions are provided to all workers directly engaged in radiation work before and during such employment.

Article 12. Medical examination. The Committee notes that, according to the 2004 National OSH Policy, the employer is required to make provisions for pre-employment, pre-placement and periodic medical examinations for the persons they employ, while the Ministry of Health shall work towards the establishment of an occupational health unit, which will, among other functions, provide medical assistance in this regard. The Committee requests the Government to provide further information on the medical examinations prescribed and provided in practice to workers directly engaged in radiation work, including examinations prior to or shortly after taking up such work, and their subsequent examinations at appropriate intervals.

Article 13. Measures in case of irradiation or radioactive contamination. The Committee notes that Part VIII of the Radiation Safety and Security Act provides for emergency preparedness and response. However, the Committee notes that it does not contain any provisions addressing the protection of workers as required by Article 13(a), (c) and (d) of the Convention. The Committee requests the Government to provide information on any measures taken or envisaged, in law or in practice, in case of exposure of workers to ionizing radiations with regard to the protection of workers as required by the Convention, including appropriate medical examination of affected workers, examination of the conditions in which workers’ duties are performed and any necessary remedial action.

Article 14. Employment involving exposure to ionizing radiation contrary to medical advice. The Committee requests the Government to provide information on the measures taken to ensure that workers are not employed or engaged in work liable to expose them to ionizing radiations contrary to qualified medical advice, including measures for the provision of alternative employment.

[The Government is asked to reply in full to the present comments in 2022.]

The Committee notes with deep concern that the Government’s report, due since 2014, has not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1 of the Convention. National policy for the effective abolition of child labour. In its previous comments, the Committee noted the establishment of the National Child Labour Committee (NCLC) tasked with overseeing the implementation of the national child labour policy. The Committee notes from the 2018 Government’s report to the Human Rights Council that the NCLC is in charge of drafting a National Action Plan to reduce child labour in the context of the Country Level Engagement and Assistance to Reduce (CLEAR) Child Labour II project (A/HRC/W/G.6/31/BLZ/1 para. 79). The Committee also notes that in the context of the CLEAR Child Labour II project, a Legislative Review Committee (LRC) was established to review the national legislation concerning child labour and make recommendations (Ministry of Labour, Child Labour in Belize, Press release January 31, 2020). The Committee further notes the adoption of the Children’s Agenda 2017-2030, which outlines the Government’s commitments towards children. One of the national outcomes of this Agenda is to achieve economic security for children and access to ongoing education and training. The Committee requests the Government to indicate whether the National Action Plan to reduce child labour has been adopted and, if so, to provide a copy of it in its next report. The Committee also requests the Government to provide information on any measures taken or envisaged under the Children’s Agenda 2017 - 2030 aimed at ensuring the effective abolition of child labour.

Article 2(1). Scope of application. In its previous comments, the Committee noted that pursuant to section 164(1) of the Labour Act, no person shall employ a child (defined by section 2 of the Act as a person who is under the age of fourteen years) in a public or private industrial undertaking or in a branch thereof. The Committee also noted that pursuant to section 3 of the Shop Act no person under the age of fourteen years shall be employed in or about any shop. In this regard, the Committee recalled that the scope of application of the Convention is not limited to industrial undertakings or shops but to all types of work or employment.

The Committee notes that the LRC has recommended amending section 169 of the Labour Act to include a provision stating that the minimum age for a child to be in full-time employment is when the child has attained 16 years of age and has completed compulsory education. The Committee, however, notes that the LRC has also recommended amending section 164(1) of the Labour Act (which previously set the minimum age at 14 years) in order to set the minimum age for admission to employment in public and private undertakings at 13 years of age (See: Legislation Review Committee (LRC) Recommendations). In light of the contradiction between these two proposed amendments, the Committee requests the Government to clarify what the general minimum age for admission to employment or work is under the LRC recommendations. If it is 13 years, the Committee requests the Government to ensure that the minimum age for admission to employment is set at 14 years in light of the minimum age specified by the Government upon ratification of the Convention. The Committee also requests the Government to indicate if a draft bill amending the Labour Act has been elaborated and, if so, to provide a copy thereof along with its next report.

Article 2(3). Minimum age for completion of compulsory schooling. The Committee notes the adoption of the Education and Training Act, 2010 (No. 3 of 2010), which under section 2 sets the minimum age for completion of compulsory schooling at 14 years of age.

Article 3(1) and (2). Minimum age for admission to and determination of hazardous work. The Committee previously noted that according to section 7 of the Families and Children Act, Chapter 173, no children under the age of 18 shall be employed in any activity that may be detrimental to his health, education, or mental, physical or moral development. The Committee also noted that a list of types of hazardous work prohibited for children under 18 years was incorporated as an appendix to the National Child Labour Policy, but observed that such policy was not a piece of legislation, but a guideline policy.

The Committee notes that the LRC has recommended to insert, into the Labour Act, an illustrative list of hazardous types of work that should be prohibited for children under the age of 18, which includes: work that exposes a child to physical, psychological, or sexual abuse; work that is performed underground, under water, at dangerous heights, or in confined spaces; work with dangerous machinery, equipment, and tools, or which involves the manual handling or transport of heavy loads; work in an unhealthy environment, which may expose a child to dangerous substances, agents, or processes, or to temperatures, noise levels, or vibrations damaging to their health; work under particularly difficult conditions such as work for long hours or between the hours of 6 pm and 6 am, or work where the child is unreasonably confined to the premises of the employer; and work that exceeds two hours on a school day or six hours on a non-school day, and in any case exceeds twenty-eight hours per week except, during school vacation periods or where the child has completed compulsory education. The Committee further notes that the LRC has proposed a detailed list of hazardous work to be included under the Government Workers Regulations. The Committee hopes that the Government will take the necessary measures to adopt, without delay, a list of hazardous types of work prohibited for children under the age of 18 years, after consultation with the organisations of employers and workers concerned, and requests the Government to provide information on the progress made in this regard.

Article 3(3). Employment of children from the age of 16 years in hazardous work. The Committee notes that the LRC has proposed to include a provision in the Labour Act allowing children aged 16 or 17 years to perform hazardous work if the work is identified as a hazard that can be mitigated, and adequate training, supervision and safety measures are provided.

Article 7. Light work. The Committee previously noted that section 169 of the Labour Act permits the employment of children from the age of 12 years in occupations that are not likely to be injurious to their life, limb, health or education, and prescribes the number of hours during which such work can be carried out. The Committee also noted that section 170 of the Labour Act provides that the Minister may authorize children below 12 years to do some light agricultural or horticultural work in their parents’ or guardians’ land only. In this respect, the Committee reminded the Government that, pursuant to Article 7(1) (4) of the Convention, only children who have reached 12 years of age can perform light work that is not likely to be harmful to their health or development, and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes or their capacity to benefit from the instruction received.

The Committee notes that the LRC has recommended raising the minimum age for light work from 12 to 13 years, subject to the conditions that such work is not likely to be harmful to a child's physical health, mental health, safety, moral or general welfare or development; and does not prejudice the child's school attendance or participation in training and vocational programs, or the child’s capacity to benefit from such instruction (See LRC’s recommendations to sections 2 and 169 of the Labour Act). The Committee further notes that the LRC has proposed a list of types of light work permitted to children from the age of 13 years to be included under the Government Workers Regulations. The Committee welcomes the recommendations made by the LRC to raise the minimum age for light work from 12 to 13 years and to adopt a list of types of light work and requests the Government to provide information on any measure taken to give effect to them. Meanwhile, the Committee requests the Government to provide information on the measures taken to ensure that only children who have reached the age of 12 years can perform light agricultural or horticultural work.

Article 9(1). Penalties. The Committee previously noted that section 172(1) of the Labour Act provides for penalties, including fines and imprisonment for up to two months, for employing children in contravention of the provisions of the Act. The Committee requests the Government to provide information on the application in practice of section 172(1) of the Labour Act, including on the number and nature of violations detected and penalties applied.

Article 9(3). Registers of employment. The Committee previously noted that pursuant to section 163 of the Labour Act, every employer in a public or private industrial undertaking should keep a register of the names, dates of birth, and hours of work of all employees under the age of 18 years and requested the Government to indicate the measures taken to extend the requirement of keeping such a register to other sectors of the economy. The Committee also noted the Government’s indication that, in practice, registers are kept by the individual enterprises and not submitted to a central authority and requested the Government to take measures to ensure that such registers are made available to the competent authority. The Committee notes that the LRC has recommended deleting section 163 of the Labour Act as section 16 contains a general requirement for all employers to prepare and keep one or more registers containing information of each workers. In this regard, the Committee recalls that pursuant to Article 9 (3) of the Convention such registers shall contain the names and ages or dates of birth, duly certified wherever possible, of employees who are less than 18 years of age. Thus, the Committee requests the Government to take the necessary measures to ensure that, under section 16 of the Labour Act, employers in all sectors maintain a register containing the names, age (or dates of birth) of all employed persons under the age of 18 years, and that these registers are made available by the employer to the competent authority.

Application of the Convention in practice. The Committee requests the Government to provide updated statistical information, when possible disaggregated by gender and age, on the nature, extent and trends of the labour of children and young persons working below the minimum age.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 2–4 of the Convention. Granting paid educational leave to all workers. The Committee notes the Government’s report received in October 2013 in which it indicates that even though the terms of reference of the Labour Advisory Board include the drafting of a national labour policy, so far the Board has not been able to carry out this task because is still in the process of reviewing all labour and trade union related legislation. The Committee invites the Government to provide information on the formulation and application of a policy to promote the granting of paid educational leave. Please also indicate how this policy is coordinated with general policies on employment, education and training, and hours of work.

Part V of the report form. Practical application. The Committee notes the statistical information submitted by the Government in its report and observes that a total of 620 public officers have been granted paid educational leave in various areas over the years 2009–12. It also notes that some private employers grant paid educational leave and that it is typically based on length of service of the employee and on whether the area of study is or not related to the business interests of the employer. The Committee invites the Government to continue to include documentation such as reports, studies and statistics allowing it to assess the extent to which the Convention is applied in practice.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Government indicates that the tripartite Labour Advisory Board (LAB) was reactivated in February 2017 and is charged with reviewing all work carried out by the previous LAB, with the aim of submitting recommendations to the Minister of Labour and to the Attorney General’s office. The Government adds that the LAB’s terms of reference include but are not limited to the review of ILO questionnaires, re-examination of unratified instruments and reports on ratified and unratified instruments. The Committee requests the Government to provide detailed information on the activities of the reactivated Labour Advisory Board on matters regarding international labour standards covered by the Convention, as well as on matters relating to ILO activities covered by the Tripartite Consultations Recommendation, 1976 (No. 152). In this context, it requests the Government to communicate updated information on the content and outcome of tripartite consultations held concerning each of the matters related to international labour standards covered by Article 5(1)(a)–(e) of the Convention, including information on any recommendations made by the LAB in the framework of these consultations. The Government is also requested to provide a copy of the LAB’s annual report as soon as it becomes available (Article 6).

Article 5(1)(a) and (b). Submission to the National Assembly. The Government indicates that the responsibilities of the LAB include the review of ILO questionnaires. In this regard, the Committee wishes to draw the Government’s attention to the comments it has been making since 2006 concerning its obligation to submit instruments adopted by the Conference to the National Assembly. As the Committee recalled in its 2000 General Survey, Tripartite Consultations, paragraph 85, the Convention requires governments to consult the representative organizations of employers and workers before finalizing proposals to be submitted to the National Assembly concerning the instruments adopted by the Conference. The Committee therefore once again requests the Government to provide information on the content and outcome of consultations held with the social partners relative to proposals made to the National Assembly in connection with the submission of the instruments adopted by the Conference.

Article 5(1)(c). Examination of unratified Conventions and Recommendations. The Government reports that the principal responsibilities of the LAB include the re-examination of unratified conventions and recommendations for purposes of transmitting its proposals to the Minister of Labour for submission to the National Assembly. In this respect, the Committee notes that the Government has ratified the Maritime Labour Convention 2006 on 8 July 2014. The Committee requests the Government to provide updated information on tripartite consultations held concerning the re-examination of unratified Conventions, particularly the Employment Policy Convention, 1964 (No. 122), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), which are deemed governance Conventions.

Articles 4 and 5 of the Convention. Structure and working of the labour administration system. Application in practice. The Committee previously noted the draft organizational chart of the Labour Department provided by the Government, which included a Tripartite Body, appointed by virtue of section 22(1) of the 2000 Trade Unions and Employers’ Organizations (registration, recognition and status) Act, which, however, was in operation only from 2003 to 2006. The Committee requested the Government to provide more detailed information on the organization and operation of the labour administration system, including the Tripartite Body. The Committee notes the Government’s information in its report that the Labour Department has been restructured to reflect four regions (Northern, Eastern, Western and Southern Region) and that each region is supervised by a senior labour officer, reporting to the labour commissioner. There are also labour officers and employment officers appointed for each region. The Government also indicates that, in February 2017, the Labour Advisory Board, the Tripartite Body and the National Child Labour Committee were reactivated in order to ensure consultation, cooperation and negotiation between the Government and the employers’ and workers’ organizations. The Committee requests the Government to provide a complete and up-to-date organizational chart of the Labour Department. It also requests the Government to provide information on the operation of the labour administration system in practice, including any relevant documents or reports in this regard and also examples of consultation, cooperation, or negotiation between the Government and the employers’ and workers’ organizations with respect to the three entities reactivated in 2017.

Article 6. National labour policy and national employment policy. The Committee previously requested the Government to indicate the measures taken for the framing of a national policy on labour in general and on employment in particular. The Committee notes the Government’s indication that the National Child Labour Policy was adopted in 2009 and is under revision by the National Child Labour Committee. Furthermore, in 2019, the Ministry of Labour started the groundwork for the development of the National Labour and Employment Policy, for which a number of activities were carried out, including a labour and social protection workshop, active labour market programmes and a job diagnostics exercise. The Government also indicates that the Labour Advisory Board provides consultative support to the development of the National Labour and Employment Policy. The Committee requests the Government to continue to provide information on any progress made regarding the development of the National Labour and Employment Policy, and on the role played by the labour administration bodies involved in this activity.

Article 10. Human resources and material means for labour administration. Following its previous comments, the Committee notes the Government’s indication that, for the effective operation of the system of labour administration, the Government provides salaries, equipment, motor vehicles, vehicle allowances, trainings, office space and other necessary supplies. The Committee notes that the conditions of service of the labour administration system are regulated by the Government Workers Regulations and the Public Service Regulations. The Government also provides information on the distribution of staff, indicating that, within the Labour Department, there are one labour commissioner, three senior labour officers, nine labour officers, nine employment officers and ten secretaries. The Committee notes that the position of the deputy labour commissioner is vacant. Moreover, there are only three senior labour officers for four regional units. The Committee requests the Government to continue to provide information on the measures taken or envisaged to ensure that labour administration bodies are provided with staff who are adequate in strength and suitably qualified to perform the duties assigned to them, including the fulfilment of vacancies for the positions of the deputy labour commissioner and the senior labour officer.

Application of the Convention in practice. The Committee notes that the Government’s report mentions that there have been no changes in the legislation implementing the Convention but that the report does not contain any information on the application of the Convention in practice. The Committee requests the Government to provide information on the number of workers’ organizations in the public administration which have been registered. Since Belize has also ratified the Collective Bargaining Convention, 1981 (No. 154), the Committee also requests the Government to provide information on the collective negotiations held with these organizations and also on the number of collective agreements or other agreements in force in the public administration.

[The Government is asked to reply in full to the present comments in 2022.]

The Committee notes with deep concern that the Government’s report, which has been expected since 2014, has not been received. In light of the urgent appeal made to the Government in 2020, the Committee is proceeding with the examination of the application of the Convention on the basis of information at its disposal. The Committee recalls that it raised questions concerning respect of the Convention in a direct request regarding, in particular: (i) the need to reform the legislation to ensure that certification of representative trade unions for the purposes of collective bargaining is based on objective and pre-established criteria; and (ii) the adoption of measures to promote collective bargaining in practice. In the absence of any observation from the social partners and having no indication at its disposal of progress on these pending questions, the Committee refers to its previous direct request, adopted in 2020, and urges the Government to provide a complete response as soon as possible. To that end, the Committee recalls that the Government may avail itself of the technical assistance of the ILO.

[The Government is asked to reply in full to the present comments in 2022.]

The Committee notes with deep concern that the Government’s report, due since 2016, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Articles 1 and 3 of the Convention. Legislation. The Committee recalls that previously the Government indicated that it was working on draft amendments to the Labour Act (2011) which will: (1) prohibit direct and indirect discrimination and victimization in the field of employment and occupation on the ground of, inter alia, family responsibilities; and (2) include an entitlement to three days of unpaid leave for workers with at least 12 months’ continuous service for the purpose of emergency family leave. The Committee notes that, although the Labour Act has been amended in 2020, the above-mentioned amendments have not been included in the Labour Act. In the absence of any recent information, the Committee asks the Government to provide information on the status of the above mentioned draft amendments to the Labour Act.

National policy. The Committee further notes that the revised National Gender Policy (NGP) adopted in 2013, like the previous NGP, addresses the issue of reconciling family and work responsibility only in the context of periods of disaster management and planning. In this regard, it also notes that one of the NGP objectives is to safeguard women and men’s right to work regardless of their childbearing status and support women and men in their reproductive roles (page 29). The Committee wishes to recall that Article 3 of the Convention asks member States to make it an aim of national policy to enable persons with family responsibilities who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination. In the absence of a full national policy concerning workers with family responsibilities, the Committee urges the Government to take the necessary measures, in law and practice, to ensure that men and women workers with family responsibilities who so wish are able to access employment or be engaged in employment without discrimination and, if possible, without conflict between their employment and family responsibilities, including: (i) by expressly prohibiting in the Labour Code any discrimination on the basis of family responsibilities in all forms of employment and occupation, including at the recruitment level; and (ii) by adopting a combination of support measures and public information and awareness-raising measures on the problems that workers with family responsibilities face, as well as measures to promote mutual respect and tolerance within the population. Please provide information about the adoption of a revised National Gender Policy.

Article 5. Child and family care services. The Committee recalls the Government’s previous statements that no measures have been taken to give effect to this Article and indication that: (1) parents are expected to make their own appropriate arrangements as it relates to childcare; and (2) the establishment of family services other than childcare is in the majority a private venture. The Committee notes however that, in the 2013 NGP, the Government has committed to “provide women and men with support services that allow them to exercise their right to work. This includes support for the establishment of childcare centres that are appropriately regulated and meet the demands of urban and rural communities. These are to be established at strategic locations, including in the workplace, to facilitate both parents’ access to employment. Special incentives are to be provided to private sector employment agencies that establish childcare centres for their employees” (page 32). The Committee requests the Government to provide information on the concrete measures taken within the NGP’s framework to address the need for more childcare centres in urban and rural areas and to establish work-based childcare in the workplace, including special incentives to the private sector to establish childcare facilities. Please also provide information on measures taken or envisaged in favour of men and women workers with responsibilities in relation to other members of their immediate family who clearly need their care or support.

Article 6. Educational and information measures. The Committee wishes to recall that, if the measures taken to implement a national policy are to be effective in furthering equality between men and women, they should be accompanied by measures to promote information and education which engender broader public understanding of the principle of equality of opportunity and treatment for men and women workers and of the problems of workers with family responsibilities, as well as a climate of opinion conducive to overcoming these problems. In the absence of any information on this point, the Committee asks once again the Government to provide information on measures taken or envisaged and on the impact of these activities on public opinion.

Article 7. Training. In its last comment, the Committee asked the Government to collect and provide statistical information on the number of male and female workers with family responsibilities participating in the training programmes offered. The Committee also asked the Government to indicate any special measures that have been taken or are contemplated by the National Council for Technical and Vocational Education and Training which aim at enabling workers with family responsibilities to engage in guidance or vocational training schemes. In this regard, the Committee notes that, according to the publication “Belize – state of skills” (ILO, 2018), enrolment in Technical Vocational Education and Training programmes increased by 21 per cent between 2013 and 2018, from 1,058 to 1,283 (page 26). The Committee asks the Government to indicate whether within the Technical Vocational Education and Training, male and female workers with family responsibilities have participated and to provide statistical information in this regard.

Article 8. Recalling that section 42(1) of the Labour (Amendment) Act provides that family responsibilities do not constitute good and sufficient cause for dismissal or for the imposition of disciplinary action against a worker, the Committee once again asks the Government to provide information on the practical application of section 42(1), including information on: (i) any violations found and remedial actions taken by the labour inspectorate; (ii) any prosecutions filed in the courts; and (iii) the results of such judicial actions, including sanctions imposed and remedies granted.

Article 11. Participation of employers’ and workers’ organizations. The Committee asks once again the Government to provide detailed information on the participation of employers’ and workers’ organizations, through the Labour Advisory Board or otherwise, to give effect to the provisions of the Convention.

The Committee notes with deep concern that the Government’s report, due since 2014, has not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that the Trafficking in Persons (Prohibition) Act of 2003 criminalized the trafficking of children for labour and commercial sexual exploitation, and provided for sanctions of imprisonment for up to five years for the offenders.

While reiterating its concern at the absence of a Government report, the Committee takes due note of the adoption in 2013 of a new Trafficking in Persons (Prohibition) Act, which repeals the Act of 2011. Section 11 (2) of the 2013 Trafficking in Persons (Prohibition) Act increases the sanction for trafficking of children (persons under 18 years) to 12 years of imprisonment. The Committee also notes that section 9 (3) of the Commercial Sexual Exploitation of Children (Prohibition) Act, 2013 spells out aggravating circumstances in the commission of trafficking of children for commercial sexual exploitation which involve the application of more stringent sanctions for the offenders. These include situations when the child suffers a permanent or life-threatening bodily injury, or dies as result of the trafficking. The Committee notes that in its 2018 concluding observations for Belize, the Human Rights Committee of the United Nations reiterated its concern at the prevalence of trafficking of children for the purposes of economic and sexual exploitation (CCPR/C/BLZ/CO/1/Add.1 paragraph 37). While taking note of the new legislation increasing penalties for the offence of trafficking of children, the Committee requests the Government to continue its efforts to ensure thorough investigations and prosecutions of persons who engage in the trafficking of children for commercial and sexual exploitation. In this regard, the Committee requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied under section 11(2) of the 2013 Trafficking in Persons (Prohibition) Act.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted the absence of national legislation prohibiting the use, procuring or offering of a child for the commission of illicit activities, including the production and trafficking of drugs. The Committee notes the absence of information on the adoption of legislation in this respect. Therefore, the Committee once again requests the Government to take the necessary measures to ensure the prohibition of the use, procuring or offering of children under 18 years of age for illicit activities, including for the production and trafficking of drugs. The Committee requests the Government to provide information on any progress made in this regard.

Article 5. Monitoring mechanisms. The Committee notes the establishment of the Anti-Trafficking in Persons Council (ATIP’s Council), under section 5 of the 2013 Trafficking in Persons (Prohibition) Act, as an inter-institutional organ in charge of coordinating the implementation of that Act and formulating policies to prevent and suppress trafficking of persons, including children. The Committee notes that according to the Government’s national report to the Human Rights Council of the United Nations, the ATIP’s Council conducts training to relevant officials and stakeholders on the identification of victims of human trafficking and provides information to the public regarding the commercial sexual exploitation of children (A/HRC/W/G.6/31/BLZ/1 paragraph 81). The Committee requests the Government to provide detailed information on the activities carried out by the ATIP’s Council to monitor the trafficking of children for labour and commercial sexual exploitation. The Committee also requests the Government to provide information on other mechanisms established to monitor other worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes from the Government’s report to the Human Rights Council that the National Child Labour Committee of the Labour Department was working together with 13 Government Ministries to implement a National Child Labour Policy (A/HRC/W/G.6/31/BLZ/1 paragraph 79). The Committee requests the Government to provide information on the measures taken or envisaged, within the framework of the National Child Labour Policy, aimed at eliminating the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clauses (a) and (c). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes from the 2018 Government’s report to the Human Rights Council that, in the period 2016-2017, the dropout rate for primary education stood at 0.7 per cent, whereas the dropout rate for secondary education stood at 6.8 per cent. In this regard, the Committee notes that an Early Identification Program was developed and piloted in selected schools to sensitize school administrators and teachers to the warning signs of potentially at-risk primary school children and put in place support mechanisms. The Committee also notes from the Government’s report to the Human Rights Council that a High School Subsidy Grant has been put in place to support students at secondary school level identified as having academic or socioeconomic needs. All students from Toledo and Stann Creek Districts, where the incidence of poverty is higher, can benefit from this subsidy. In addition, a conditional cash transfer program called Building Opportunities for our Social Transformation (BOOST) has been implemented to discourage child labour by requiring regular school attendance as a condition for cash disbursement. (A/HRC/W/G.6/31/BLZ/1 paragraphs 58, 59 and 80). The Committee further notes that, according to UNESCO, in 2019, the net enrolment rate for primary education (5 to 10 years of age) stood at 95.7 per cent and for secondary education (11 to 16 years of age) at 71.3 per cent. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue its efforts to ensure that all children have access to free basic education. In this respect, the Committee requests the Government to provide information on the measures adopted and the results achieved in this regard, including the number of children who have benefited from the High School Subsidy Grant.

The Committee notes with deep concern that the Government’s report, due since 2014, has not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 3 of the Convention. Clause (b). 1. Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted that section 49 of the Criminal Code, Chapter 101 only prohibited the procurement of female children for prostitution and urged the Government to take measures to ensure the adoption of legislation prohibiting the use, procuring or offering of boys and girls under the age of 18 for prostitution.

While reiterating its concern at the absence of a Government report, the Committee takes due note of the adoption of the Commercial Sexual Exploitation of Children (Prohibition) Act, 2013. According to section 6(1) of the Act, a person having the authority or control over a child (defined by section 2 of the Act as a person below the age of 18), who takes advantage of his authority or control over that child or causes another person to sexually exploit that child, commits an offence and is liable on conviction on indictment to imprisonment for a term of ten years.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted the absence of provisions in the Criminal Code establishing offences related to the involvement of a child for the production of child pornography and it urged the Government to take the necessary measures to ensure the adoption of specific provisions in this regard. While reiterating its concern at the absence of a Government report, the Committee takes due note that, pursuant to section 7(2) of the Commercial Sexual Exploitation of Children (Prohibition) Act, 2013, a person who coerces, induces, encourages, pays for, or exchanges any material benefit for, or otherwise causes any child to pose for any photographic material or to participate in any pornographic video or film or audio, visual or other electronic representation of any child involved in any form of child pornography commits an offence and is liable on conviction on indictment to imprisonment for a term of ten years.

The Committee welcomes the Government’s efforts to prohibit child prostitution and child pornography, and requests the Government to provide information on the application in practice of sections 6(1), and 7(2) of the Commercial Sexual Exploitation of Children (Prohibition) Act, 2013, including information on the number and nature of violations reported, investigations, prosecutions, convictions and penalties imposed on the offenders.

The Committee is raising other points in a request addressed directly to the Government.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Application of the Convention in law and in practice. The Committee notes that the Government’s report does not provide information on the effect given to each Article of the Convention. It also notes that, according to the Government, the National Occupational Safety and Health Bill (the OSH Bill) was submitted to Cabinet in November 2010. The Government also indicated that a conference was held by the Social Security Board in partnership with the Labour Department, under participation of all stakeholders, in order to provide the desired impetus towards the promulgation of the OSH Bill, but that the OSH Bill is yet to be enacted. The Committee wishes to emphasize that the indication that the new legislation is in the process of adoption does not free the Government from the obligation to ensure the application of the provisions of the Convention during the transition period and to provide such information in its report. The Committee requests the Government to supply detailed information on the application of the present Convention, including new legislation, if adopted, and where it has not been, the manner in which the Government ensures the application of the provisions of the Convention in practice.

Article 4 of the Convention. National policy. Noting the document entitled “proposed National Occupational Safety and Health (OSH) policy”, the Committee requests the Government to inform the Office if this proposed policy has been formally adopted and implemented and, if so, to provide detailed information on its implementation.

Articles 5(a), 11(f) and 12(b). Chemicals. Management of chemicals. The Committee notes from the Government’s report that, although Belize is not a producer of chemicals, these chemicals are imported for use mainly in the agricultural sector and that workers employed in this sector are therefore vulnerable to exposure. According to the Government, effective preventive and protective measures must be taken for their health and safety. The Committee also notes the information that in November 2010, the Government has launched the Strategic Approach to International Chemicals Management (SAICM), which entails the implementation of a chemicals management system in two phases through a multi-sectoral approach. SAICM covers the following issues: (i) prevention and control of chemical pollution and waste with emphasis on persistent organic pollutants; (ii) enhancement of industry sector risk reduction through the global Harmonized System of Classification and Labelling of Chemicals in Belize; (iii) safe handling and use of chemicals with emphasis on pesticides to address poisoning, good agricultural practices and unnecessary threat to biodiversity; and (iv) chemical accidents, expand national emergency plans to include industrial accidents including in port and shipping channels to defend coastal zone integrity/biodiversity and safeguard human health. According to the Government, phase II of this project has been launched in June 2012 and will entail the development of a legal and institutional framework for the management of chemicals, including market surveillance measures. The Committee asks the Government to continue to provide information on any development in this respect, including on legal and institutional initiatives taken in this regard.

Application in practice. In its previous comments, the Committee requested the Government to provide more information on preventive measures in relation to an increasing number of accidental falls. It also notes that the Labour Department is intricately involved in the investigation of any major accidents or fatalities at the workplace; and that labour officers are engaged in labour education inclusive of OSH. Furthermore, according to the Government, the Social Security Board undertakes preventive actions, and the inspection staff under the Social Security Board engages in proactive inspections, education and training of employers and employees, and gives advice in the field of OSH. The Committee asks the Government to further specify preventive measures taken that address the high number of occupational accidents, and to continue to provide statistics such as on occupational accidents and diseases broken down by sector of occupation and on the development of the number of the workforce.

Comments adopted by the CEACR: Belize

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A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

B. Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

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Comments adopted by the CEACR: Belize

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ADOPTED_BY_THE_CEACR_IN 2021

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A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

B. Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

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