Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes the information in the Government’s first and second reports. The Committee requests the Government to provide additional information on the following points.

Article 1 of the Convention. Definitions. The Committee notes the Government’s statement that the term “other member of the immediate family who clearly needs care or support” is not specifically defined in the laws of Belize, but that the definition of “dependant” in section 2 of the Domestic Violence Act – defining “dependant” as “a person (a) over the age of eighteen years; (b) who normally resides with the first mentioned person; and (c) who by reason of physical or mental disability is reliant on that first-mentioned person for his or her welfare”– could be applicable. The Committee asks the Government to indicate how the Convention is applied to “other members of their immediate family who are clearly in need of care or support”. Please also provide information on the measures taken or considered by the Labour Advisory Board to promote the application of the provisions of the Convention, including giving a definition of “other members of the immediate family who clearly need their care or support”, for the purpose of the Convention.

Article 2. The Committee notes the Government’s statement that the Convention applies to all branches of economic activities and all categories of workers. The Committee notes that, apart from Part XVI on maternity protection, the Labour Act does not include any specific provisions aimed at workers with family responsibilities. The Public Service Regulations include provisions regarding maternity leave, paternity leave, emergency leave for immediate family members, and the use of sick leave in the case of illness of spouse or children. The Committee further notes the information provided by the Government on certain leave entitlements, including maternity and paternity leave and some emergency leave for immediate family members in collective agreements. The Committee recalls that the provisions of the Convention may be applied by laws or regulations, collective agreements, works rules, arbitration awards, court decisions or a combination of these methods or in any other manner consistent with national practice which may be appropriate, account being taken of national conditions. The Committee requests the Government to provide more detailed information regarding the application through laws and regulations, collective agreements, and court decisions, of the measures provided for in the Convention to all branches and all categories of workers. Considering that the Labour Advisory Board will be revising the labour legislation, the Committee also asks the Government to provide information on the measures taken by the Labour Advisory Board to give effect to the provisions of the Convention.

Article 3. National policy. The Committee notes that although the national Constitution provides in its Preamble that state policies shall ensure gender equality (paragraph (e)), and provides for equal protection under the law without discrimination based on sex (articles 3 and 6(1)), and that no person shall be treated in a discriminatory manner by any person or authority (section 16(2)), the national legislation does not make specific reference to workers with family responsibilities. It also appears that there is no policy aiming at enabling persons with family responsibilities to exercise their right to be employed without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. The Committee draws the Government’s attention to the obligation imposed under Article 3 of the Convention on each member State to make it an aim of national policy to enable workers with family responsibilities to engage in employment without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. In this context, the Committee also refers the Government to Paragraphs 6–11 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165). The Committee hopes that the Government will be able to indicate in its next report the measures taken or contemplated to adopt the national policy called for under Article 3 of the Convention. Noting that the National Gender Policy of 2003 is being reviewed, the Committee hopes that the new policy will include specific measures giving effect to the provisions of the Convention, and asks the Government to provide a copy of the new policy document, once adopted.

Article 4(a). Right to free choice of employment. The Committee notes that section 15(1) of the Belize Constitution provides that “no person shall be denied the opportunity to gain a living by work freely chosen or accepted, whether by pursuing a profession or occupation of by engaging in a trade or business or otherwise”. The Committee notes the Government’s brief statement that workers with family responsibilities have the same right as other workers to exercise their free choice of employment under the Constitution, as well as access to social security services and benefits. The Committee requests the Government to supply information concerning the specific and practical measures taken or envisaged to enable workers with family responsibilities, in relation to their dependent children or in relation to other members of their immediate family who clearly need their care or support, to exercise in practice their right to the free choice of employment in accordance with the requirement of Article 4(a) of the Convention.

Article 4(b). Terms and conditions; social security. The Committee notes the provisions regarding maternity leave, paternity leave, and special leave arrangements due to emergencies in the immediate family in the Collective Agreement between the Belize Social Security Board and the Christian Workers’ Union (2003), the Belize Electricity Limited and Belize Workers Union Partnership Collective Agreement, and the Collective Agreement between St. Francis Xavier Credit Union and Christian Workers Union (2009). It also notes provisions in the Public Service Regulation No. 160 of 2001, as amended, regarding paid maternity leave (section 70), paternity leave (section 72) and the right of the father to take the leave of the duration of the unexpired portion of natal and maternity leave in the event of the death of the mother (section 73), as well as the use of sick leave in the case of illness of the spouse or children up to a certain age (section 65). The Committee refers the Government to Paragraphs 17–23 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), which provide examples of other arrangements which may enable workers with family responsibilities to reconcile their employment with their family responsibilities, and Paragraphs 27–31 which indicate the type of measures which could be taken in the area of social security, and asks the Government to provide information regarding any measures taken or envisaged in this regard.

Article 5. Community planning, child and family care services. The Government states that no measures have been taken to give effect to this Article. The Committee notes from the Government’s report submitted to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) that in 2005 there were eleven official childcare centres, nine of which were located in Belize City and that childcare centres are a growing necessity. Childcare centres are subsidized by area representatives and most require payment of a weekly fee. The report to CEDAW also mentions that a system was established in 2002 to monitor compliance with the regulations regarding childcare, and that the National Gender Policy of 2003 calls for the development of a proposal to establish work-based childcare services for public officers, and for a plan of action to expand available childcare places, in appropriately regulated centres (CEDAW/C/B/BLZ/3-4, 26 September 2005,
paragraphs 149–155). The Committee asks the Government to provide information on the measures taken to respond to the need for more childcare centres and to establish work-based childcare in the public service. The Committee also requests the Government to indicate whether any family services other than childcare exist to assist workers in reconciling their work and family responsibilities with respect to dependants other than children. The Committee also asks the Government to supply information on any measures taken or envisaged to take account of the needs of workers with family responsibilities in community planning, in accordance with Article 5(a) of the Convention.

Article 6. Educational and information measures. The Committee notes the Government’s statement that the National Gender Policy of Belize is aimed at promoting broader public understanding of the principle of equality of opportunity and treatment for men and women workers, but that no educational or other measures have been taken to promote a broader public understanding of the problems of workers with family responsibilities. The Committee stresses the importance of taking appropriate measures to promote information and education to foster a better understanding of the principles of equality of opportunity and treatment for men and women workers and of the problems of workers with family responsibilities, and refers in this regard to Paragraphs 10–11 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165). The Committee requests the Government to undertake measures to promote information and education which engender broader public understanding of the principle of equality of opportunity and treatment between men and women and of the problems encountered by persons with family responsibilities who are employed or who want to become employed and on the impact of these activities on public opinion.

Article 7. Training. The Committee notes that section 11 of the Education and Training Act of 2010, provides for the establishment of a National Council for Technical and Vocational Education and Training (TVET Council). The Committee further notes the Government’s statement that the existing programmes offering vocational guidance and training are offered to every individual that requires the service. The Committee asks 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 requests the Government to indicate any special measures that have been taken or are contemplated by the TVET Council which aim at enabling workers with family responsibilities to engage in guidance or vocational training schemes. The Committee hopes that the next report will indicate the measures taken or envisaged to give effect to Article 7 of the Convention, and it draws attention to Paragraphs 12–15 of Recommendation No. 165, which give examples of measures that may be taken.

Article 8. The Committee notes that there is no specific legal provision ensuring that workers are protected against termination of employment based on family responsibilities, nor has any decision been handed down by the courts in this regard involving questions of principle. The Committee requests the Government to provide information on any legislative provisions, collective agreements, or court decisions ensuring that family responsibilities cannot constitute a basis for termination of employment.

Article 9. Please continue to supply copies of any provisions in collective agreements, if available, which would assist workers in reconciling their work and family responsibilities.

Article 10. The Committee notes that Belize has apparently not made use of the possibility to apply the Convention in stages, and notes the Government’s statement that the Convention shall be applied to all branches and categories of workers.

Article 11. The Government states that workers’ and employers’ organizations have not been participating in developing and implementing measures designed to give effect to the provisions of the Convention. The Committee asks the Government to provide information on any steps taken to encourage employers' and workers’ organizations to participate in developing and applying measures designed to give effect to the provisions of the Convention.

Parts III, IV and V of the report from. The Committee notes that the Labour Department is entrusted to apply the International Labour Organizations Act through regular inspection and advisory services. It also notes the Government’s statement that no decisions have been given by courts of law, that no legislation is specifically targeting workers with family responsibilities and that no statistical data are available. The Committee recalls the importance of gathering information that would allow both the Government and the Committee to appreciate the progress made and difficulties encountered in the application of the Convention. The Committee hopes the Government will make its best efforts to provide such information, where possible, in its next report including, for example, extracts from reports, studies or inquiries relevant to the matters covered by the Convention, and statistics on workers with family responsibilities in employment and on existing or needed childcare and family services. Please also indicate the manner in which the Labour Department supervises the application of the measures aimed at giving effect to the Convention, through labour inspection or advisory services, or otherwise; and information on relevant judicial or administrative decisions involving questions of principle regarding the application of the Convention.