Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Article 3 of the Convention. Worst forms of child labour. Clause (a). 
1. Sale and trafficking of children. Referring to its previous comments, the Committee notes with interest the enactment of the Trafficking in Persons (Prohibition) Act (the Trafficking Act) in 2003. The Committee notes that, pursuant to section 3(1) of the Trafficking Act, a person who engages in, conspires to engage in, attempts to engage in, assists another person to engage in, or organizes or directs another person to engage in, trafficking in persons commits an offence and is liable on summary conviction to imprisonment for a period between one and five years, or to a fine of $10,000. The Committee also notes that section 3(2) of the Trafficking Act states that the recruitment, transportation, harbouring, or receipt of a child, or the giving of payments or benefits to obtain the consent of a person having the control a child, for the purpose of exploitation, constitutes trafficking in persons irrespective of whether any of the elements of the definition of “trafficking in persons” is present. The Committee further notes that section 2 of the Trafficking Act defines a child as a person below the age of 18 and that section 18 states that, in implementing any provision of the Trafficking Act, special consideration should be given to trafficking victims who are children, in a manner that is in the child’s best interests and appropriate to the situation. The Committee notes that, in its concluding observations of 21 March 2005 (CRC/C/15/Add.252, paragraph 67), the Committee on the Rights of the Child (CRC) welcomed the adoption of the Trafficking Act and the subsequent establishment of a Special Task Force to implement the Act, yet remained concerned about the trafficking of children and drew attention to existing risk factors such as the growth of tourism in Belize. The Committee further notes that, in its concluding observations of 10 August 2007, the Committee on the Elimination of Discrimination Against Women (CEDAW) expressed concern that Belize is becoming a destination country for trafficked women from El Salvador, Guatemala, Honduras and Nicaragua (CEDAW/c/BLZ/CO/4, paragraph 21). The Committee requests the Government to provide information on the application of the Trafficking in Persons (Prohibition) Act in practice by communicating, in particular, statistics on the number and nature of violations registered, Investigations carried out, prosecutions, convictions and penalties applied.

2. Slavery or practices similar to slavery such as debt bondage, serfdom and forced or compulsory labour. The Committee previously noted that, under section 71 of the Labour Act, a child or young person cannot be recruited, but a young person who has attained the age of 16 years may be recruited as an exception with permission from the Labour Commissioner and with the consent of his parents for light employment subject to certain conditions. According to section 65 of the Labour Act, the term “recruit” means to obtain or supply, or attempt to obtain or supply, the labour of “persons who do not spontaneously offer their services” at the places of employment or at an office established by the Government or by an employers’ organization with the approval of the minister for the purpose of receiving applications for employment. The Committee requested the Government to indicate what the expression “persons who do not spontaneously offer their services” means, and to provide information on the application in practice of section 71 of the Labour Act concerning the possible recruitment of a young person who has attained the age of 16 years. The Committee notes the Government’s statement that “persons who do not spontaneously offer their services” refers to persons who do not offer their services on the spur of the moment, or on momentary impulse, or without thought or decision. The Committee also notes the information contained in the Government’s report that no young person who had not yet attained 16 years of age was recruited under section 71 of the Labour Act during the reporting period.

Clause (b). 1. Use, procuring or offering of a child for prostitution. In its previous comments the Committee observed that section 47 of the Criminal Code concerning prostitution only covers the cases where the child in question is a female. It asked the Government to indicate the measures taken or envisaged to secure the prohibition of the use, procuring or offering of boys under the age of 18 years for prostitution. The Committee notes the Government’s indication that the prohibition on exploitation in section 3(2) of the Trafficking Act, noted above, applies to all individuals under 18. The Committee also notes the definition of exploitation in the Trafficking Act includes keeping a person in a state of servitude, exploiting another person by using such persons, directly or indirectly, as a prostitute and engaging in any other form of commercial sexual exploitation. The Committee further notes the information in the Government’s report that legislation entitled the Commercial Sexual Exploitation of Children (Prohibition) Bill has been drafted and will be submitted to Cabinet for review. The Committee notes that, in its concluding observations of 21 March 2005 (CRC/C/15/Add.252, paragraph 68), the CRC expressed concern that the sex offence legislation in Belize is discriminatory, leaving boys without equal protection from sexual assault and abuse (paragraph 68). Furthermore, the Committee notes the findings in the report “Commercial Sexual Exploitation of Children and Adolescents in Belize” issued by the ILO in 2006 (hereinafter CSEC Report) that both male and female children are victims of commercial sexual exploitation (page 89). The Committee trusts that the Commercial Sexual Exploitation of Children (Prohibition) Bill will prohibit the use, procuring or offering of both boys and girls under the age of 18 for the purposes of commercial sexual exploitation. The Committee requests the Government to provide information on progress made towards the adoption of the Commercial Sexual Exploitation of Children (Prohibition) Bill, and to provide a copy of the bill as soon as it is adopted.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously observed that the Criminal Code does not specifically establish offences related to pornography or pornographic performances by a child under 18. It noted, however, that section 152(2)(d) of the Families and Children Act, 1998, empowers the Minister to make regulations on child pornography. The Committee requested the Government to indicate if a regulation prohibiting the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances had been adopted, pursuant to section 152(2)(d) of the Families and Children Act. The Committee notes the Government’s statement that no such regulations have been adopted. Moreover, the Committee notes that the CRC, in its concluding observations of 21 March 2005 (CRC/C/15/Add.252, paragraph 67), expressed concern about the sexual exploitation of children, including child pornography. Furthermore, the Committee notes the information in the CSEC report that magistrates in Belize City reported knowledge of incidences of children under 18 used in pornography, though no legal action was taken due to a lack of evidence of this crime (page 39). The Committee trusts that the abovementioned Commercial Sexual Exploitation of Children (Prohibition) Bill will include specific measures to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances and asks the Government to provide information on developments in this regard.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee observed that there appear to be no provisions in the national legislation prohibiting the use, procuring or offering of a child for the production and trafficking of drugs, and requested the Government to take the necessary measures in this regard. The Committee notes the Government’s statement that the National Child Labour Sub Committee (NCLSC) has commissioned the services of a consultant who has submitted a draft National Child Labour Policy. The Committee further notes the Government’s statement that this draft National Child Labour Policy will provide a framework for legislative drafting that will make provisions to prohibit the use, procuring or offering of a child for illicit activities. The Committee requests the Government to provide information on progress made towards adopting the National Child Labour Policy, as well as information on subsequent legislation to prohibit and eliminate the use, procuring or offering of a child for illicit activities. The Committee further requests the Government to provide a copy of the National Child Labour Policy as soon as it is adopted.

Clause (d). Hazardous work. In its previous comments, the Committee observed that the Labour Act covers work done under an employment contract, and that section 7 of the Families and Children Act, 1998, by referring to the Labour Act and the District Courts (Procedure) Act, also seems to apply to work done under an employment contract. The Committee requested the Government to provide information on the manner in which children under 18 years of age who are not bound by a contract of employment, such as self-employed workers, are protected from work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee notes the Government’s statement that it is envisioned that the draft National Child Labour Policy will provide a framework for legislative drafting that will afford protection for children who are not bound by a contract of employment. The Committee asks the Government to provide information on measures taken to prohibit and eliminate the employment of children not bound by a contract of employment in hazardous types of work.

Article 4, paragraph 1. Determination of hazardous work. In its previous comment, the Committee asked the Government to provide information on the measures taken or envisaged to determine the types of work to be considered as hazardous, in consultation with the organizations of employers and workers concerned, in conformity with Articles 3(d) and 4 of the Convention. The Committee notes the Government’s statement that on 2 December 2005, the ILO Subregional Office of the Caribbean, in collaboration with the Ministry of Labour and the National Committee on Families and Children (NCFC) hosted a National Seminar on Child Labour and Hazardous Occupations, convening key stakeholders from government, employers’ and workers’ organizations and non‑governmental organizations, and that this group assisted the Government in the identification and demarcation of types of hazardous work. The Committee notes that this list, which is included in the Government’s report, contains 15 types of work considered to be hazardous. The Committee requests the Government to provide information in its next report on any progress made towards the adoption of the draft list of types of hazardous work.

Article 5. Monitoring mechanisms. Following its previous comments, the Committee notes the establishment of the NCLSC, under the NCFC, to monitor activities aimed at the effective abolition of child labour. The Committee notes the information in the Government’s report that the NCLSC comprises representatives from the Government, employers’ and workers’ organizations.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee noted the Government’s statement that, as a consequence of the survey carried out by IPEC–SIMPOC in 2003 to determine the extent of the worst forms of child labour in Belize, programmes of action would be designed and implemented. The Committee requested the Government to provide information on the elaboration of any programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication that in 2004, the National Plan of Action for Children and Adolescents, 2004–15 (NPA) in Belize was endorsed. The NPA is a comprehensive instrument that will guide actions intended to promote the holistic development of children and adolescents. It outlines objectives, strategies and specific actions in six main areas: health, education, child protection, family, HIV/AIDS and culture. Furthermore, the Committee notes that a Monitoring and Evaluation Committee was commissioned as a subcommittee of the NCFC with the overall responsibility for monitoring the implementation of the NPA. The Committee requests the Government to supply further information on the monitoring activities of the NCLSC. The Committee also requests the Government to provide information on any relevant impact made by the NPA on the elimination of the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee previously requested the Government to provide information on any time-bound measures taken or envisaged to provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes the information in the Government’s report that in 2005–06, the ILO–IPEC pilot action programme “Withdrawal and rehabilitation of child labourers in two Mayan communities in the Toledo district: San Antonio village and the dump area” was implemented by the NCFC. Through this programme, 75 child labourers were removed from the workforce and placed in educational programmes and another 200 in the same neighbouring communities were prevented from entering the workforce. These children were provided with uniforms, books and homework assistance. The Committee further notes the Government’s indication that Belize participated in the ILO–IPEC project “Commercial sexual exploitation of children and adolescents in Belize” in October 2007, following an ILO–IPEC study on this subject. The Committee notes that this project aimed at developing alternative solutions and care to victims of commercial sexual exploitation, and was implemented by Youth Enhancement Services in collaboration with the Ministry of Human Development. The Committee notes that Youth Enhancement Services provided victims with medical attention, food baskets, education and assisted parents of victims with indentifying sources of employment and income generation. The Committee also notes that the project ended in September 2008 and resulted in the identification of 30 direct victims, and 57 at-risk victims. Lastly, the Committee notes that ILO–IPEC is in the process of drafting a document entitled CARE MODEL: Child and Adolescent Victims of Commercial Sexual Exploitation, which addresses the need for coordinated protection, care and support for victims of commercial sexual exploitation.

Clause (d). Identify and reach out to children at special risk. Child victims and orphans of HIV/AIDS. The Committee previously noted that, according to the Joint United Nations Programme on HIV/AIDS (UNAIDS), Belize has a rapidly growing generalized HIV/AIDS epidemic. The Committee also noted the results of a study on commercial sex work, in the ILO–IPEC report entitled “Child labour in Belize: A statistical report”, which indicates that 30 per cent of commercial sex workers were aged 13–18, and that children engaged in prostitution are at risk of contracting HIV/AIDS and sexually transmitted infections (STIs). The Committee further noted that the National AIDS Commission (NAC) is responsible for coordinating, implementing and monitoring the National Strategic Plan on HIV/AIDS and that the NAC had submitted a project proposal to “The Global Fund to fight against AIDS, tuberculosis and malaria”. The Committee asked the Government to provide information on the measures envisaged or taken through “The Global Fund to fight against AIDS, tuberculosis and malaria” proposal to address the situation of children engaged in prostitution. The Committee notes the information in the Government’s report that a five-year programme by the Global Fund, entitled “Strengthening of Belize’s Multi-Sectoral Response to HIV/AIDS” began in November 2004, with the goal of ensuring that all Belizeans benefited from a sustainable, multi-sectoral programme for the prevention, containment and control of HIV/AIDS. The Committee also notes that one of the programme’s four objectives is reducing the vulnerability to HIV infection among women and youth, especially girls. The Committee further notes that this programme consists of multiple activities, including communication campaigns targeted at the general population and high-risk groups, provision of treatment for STI’s nationwide, life-skills HIV/AIDS education for primary school students, training of peer educators among secondary school students and the creation of youth friendly spaces that provide free counselling and condom distribution, among other services. Lastly, the Committee notes the information provided in the Government’s January 2008 report for United Nations General Assembly Special Session on HIV/AIDS that UNICEF, in collaboration with community-based organizations, has actively engaged in support for orphans and vulnerable children affected or infected by HIV/AIDS. This support includes the provision of emergency assistance for food, uniforms, books, school fees, sanitation supplies, vitamins and medicines to 106families and 206 children.

Article 7, paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. In its previous comments, the Committee asked the Government to provide further details concerning the cases detected by the authorized officers concerning children engaged in the worst forms of child labour, and on measures taken in such cases, such as the number of prosecutions conducted and sanctions applied. The Committee notes the Government’s statement that, during the period covered in their report, labour officers detected no cases of the worst forms of child labour during their inspections, and no prosecutions were conducted.

Parts IV and V of the report form. Application of the Convention in practice. The Committee previously noted the information in the survey entitled “Child labour in Belize: A qualitative study” that there are children involved in the worst forms of child labour including hazardous work in commercial agriculture, work in the streets, domestic work and prostitution/sex tourism. The Committee previously asked the Government to indicate the measures taken or envisaged to address the situation of children involved in the worst forms of child labour. The Committee notes the Government’s statement that the Convention is applied through the abovementioned pilot programmes and the training offered to labour department officials in the area of child labour. The Committee notes the report, entitled “In-Depth Analysis of Child Work and Education in Belize”, included in the Government’s report, which indicates that 5,061 persons between the ages of 5 and 17 years of age were in the child labour force, and 36.6 per cent of these persons (1,853 persons) were not attending any form of schooling. This report further indicated that 33.7 per cent of the child labourers between the ages of 15 and 17 had no formal education. The Committee notes that, in its concluding observations of 21 March 2005 (CRC/C/15/Add.252, paragraph 65), the CRC expressed regret concerning the lack of adequate data on child labour in the country. The CRC also expressed concern at the high rate of working children in Belize, particularly the high number of rural workers, and the negative consequences resulting from the exploitation of child labour, such as school drop‑outs and the negative effects on health caused by harmful and hazardous work. Lastly, the CRC expressed concern about “the so-called ‘sugar daddies’, adult men having sexual liaison with girls and providing both girls and their families with monetary and material benefits in exchange for sex” (paragraph 68). The Committee expresses its concern at the situation described above and strongly encourages the Government to redouble its efforts to ensure in practice the protection of young persons under 18 years of age against the worst forms of child labour, particularly commercial sexual exploitation and hazardous work. The Committee also expresses its concern at the lack of data available and strongly urges the Government to take the necessary measures to ensure that sufficient data on the situation of working children in Belize is available. The Committee hopes that the Government will be in a position to provide statistics in its next report showing the extent of the worst forms of child labour, including, for instance, extracts from reports of the inspection services and information on the number and nature of offences reported.