Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Legislation prohibiting discrimination in employment and occupation. The Committee previously noted that article 16(4) of the Constitution provides for exceptions to the principle of non-discrimination and requested the Government to provide information on the application in practice of this provision. Noting the Government’s statement that additional consultation is necessary in order to provide more detailed information in this regard, the Committee hopes that the Government will soon be in a position to provide information on the application in law and in practice of article 16(4) of the Constitution, including laws adopted or copies of administrative or judicial decisions.

Previously the Committee had noted the absence of any provision in the Labour Act, 2000 defining and prohibiting discrimination in employment and occupation, and encouraged the Government to include such a provision in the near future. The Committee notes the Government’s reply indicating that the Labour Advisory Board has been reactivated as of March 2009. The Committee would like to draw the Government’s attention to the developments regarding the prohibition of discrimination and the application of the Convention, set out in its General Report of 2009 (paragraphs 105–120). In particular, the Committee noted that “though a number of countries already have general constitutional provisions regarding equality, these provisions, while important, have generally not proven to be sufficient in order to address specific cases of discrimination in employment and occupation … Given persisting patterns of discrimination, the Committee considers that in most cases comprehensive anti-discrimination legislation is needed to ensure the effective application of the Convention” (paragraph 109). The Committee invites the Government to examine the possibility of adopting provisions explicitly defining and prohibiting direct and indirect discrimination, on all the grounds enumerated in Article 1(1)(a) of the Convention (race, colour, sex, religion, political opinion, national extraction and social origin), with respect to all aspects of employment and occupation, and covering all workers, and to provide information on steps taken in this regard. It requests the Government to provide information on the specific measures taken by the Labour Advisory Board in this regard.

The Committee notes that the National Gender Policy adopted in 2003 and attached to the Government’s report, provides an analysis of the laws of Belize from a gender perspective (sections 3.2 and 3.3 of the Policy). The Committee also notes Recommendation 73 of the Policy, providing that “The Labour Act and other laws governing employment conditions will be reviewed, and revised in order to remove any gender discriminatory provisions”. The Committee asks the Government to provide information on any follow-up being taken to address the legislative gaps identified in the National Gender Policy, in particular regarding education, employment and occupation.

Article 2 of the Convention. National policy. Gender equality. The Committee notes the information provided regarding the activities developed under the National Gender Policy. The Committee welcomes the establishment, within the framework of the National Gender Policy, of gender focal points in government ministries, non-governmental organizations and community-based organizations as well as the publication of a gender focal point handbook and a I. The Committee also notes the statement in the Policy that, despite better educational qualifications, women continue to be denied equal opportunities in employment, including in recruitment, promotion, salary and benefits. Recommendation 72 of the Policy provides that the Labour Department, in consultation with the Women’s Department, should develop a strategy to monitor and promote equal employment opportunities, including awareness-raising regarding rights and complaints mechanisms, and the collection of relevant data. The Committee also notes the Government’s statement that the National Gender Policy is currently under review and may be revised. The Committee requests the Government to continue to provide information on any initiatives taken in the framework of the National Gender Policy, and the impact thereof. In this context, please provide specific information on the outcome of the consultation organized by the National Women’s Commission in March 2009, indicating the role of the social partners in this consultation, and any follow-up given to this. Please provide information on any follow-up to Recommendation No. 72, and any measures taken to promote employment opportunities for women including better access to jobs with career prospects and decision-making positions. The Committee also requests the Government to provide information on the outcome of the review of the National Gender Policy and to provide a copy of the revised Policy.

National policy. Ethnic minorities. The Committee notes from the final report of the Minimum Wage Council, 2006, attached to the Government’s report under the Equal Remuneration Convention, 1951 (No. 100), that of the four major ethnic groups, the incidence of poverty was highest among the Mayas (77 per cent). The Committee also notes the information provided by the Government indicating that women development officers conduct a biannual needs assessment based on the specific cultural groups they are working with. The Committee asks the Government to provide more detailed information on the measures taken with respect to developing and implementing a national policy on equality in employment and occupation, with a view to eliminating discrimination against the various ethnic groups. Please also provide information on any steps taken in particular to improve the access of the Mayas to employment and occupation.

Article 3. The Committee notes that the study entitled “Examination of discriminatory behaviours and practices within the education system”, attached to the Government’s report, explains that the education system is based on a partnership between churches and the State where the churches manage the schools on public funds. The study states that the education system has always responded negatively to unwed mothers who are part of the system and brings to light the disciplinary action faced by most teachers who after becoming pregnant out of wedlock refuse to marry. The Committee notes in this regard 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. The Committee requests the Government to indicate any measures taken or envisaged to address such discriminatory practices in the education system. The Committee also requests the Government to continue to provide copies of administrative or judicial decisions relating to this matter.

The Committee notes the Government’s indication that through the technical vocational education and training project, women are being equipped with the skills to enable them to tap into job markets that have been dominated by men, such as technology and manufacturing. The Committee also notes that the programme on non-traditional skills training for low-income women, which has provided training for 200 women, is aimed at increasing the employment of women in non-traditional occupations. The Committee requests the Government to continue to provide information on training opportunities provided to women in non-traditional occupations, including information on the number of women securing jobs in such occupations following such training.

Part V of the report form. The Committee notes the Government’s statement that the Ministry of Labour will be consulting with the Statistical Institute of Belize in order to describe the type of statistics that will be required to evaluate the application of the Convention. The Committee looks forward to receiving information regarding the outcome of the consultations with the Statistical Institute, and hopes that the Government will then be able to collect, analyse and disseminate employment statistics, disaggregated not only by ethnicity and sex, but also, if possible, by other criteria covered by the Convention, including race and religion.