Worst Forms of Child Labour Convention, 1999 (No. 182) - Belize (RATIFICATION: 2000)

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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.

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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.

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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

Article 3 of the Convention. Worst forms of child labour. Clause (a) Sale and trafficking of children. The Committee previously noted the enactment of the Trafficking in Persons (Prohibition) Act (the Trafficking Act) in 2003, and requested information on the application of this Act in practice.

The Committee notes the Government’s statement that while the Trafficking Act is in full effect, statistics on its application in practice are not yet available, but that such statistics will be supplied with its next report. In this regard, the Committee notes the information in a report on the trafficking in persons in Belize of 14 June 2010, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org), that there have been no convictions for trafficking since 2005, despite indications that Belize is a source, transit and destination country for men, women and children. This report states that human trafficking cases are typically handled in lower courts and that these cases are often dismissed. The Committee accordingly urges the Government to take the necessary measures to ensure that, in practice, thorough investigations and robust prosecutions are carried out for persons who engage in the trafficking of children, and that sufficiently effective and dissuasive sanctions are imposed. In this regard, the Committee once again requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied for the offence of trafficking in persons under 18.

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 on prostitution only covers cases where the child victim in question is female. In this regard, the Committee noted the findings in a 2006 ILO report entitled “Commercial Sexual Exploitation of Children and Adolescents in Belize” (CSEC Report) that both male and female children are victims of commercial sexual exploitation in the country (page 89). However, the Committee also noted that legislation entitled the Commercial Sexual Exploitation of Children (Prohibition) Bill had been drafted and would be submitted to Cabinet for review.

The Committee notes the Government’s statement that the Commercial Sexual Exploitation of Children (Prohibition) Bill is still under discussion. It notes the Government’s indication that this Bill may be incorporated into the Trafficking Act, as the Trafficking Act may be amended in the near future. The Committee expresses the firm hope that the forthcoming legislation, whether incorporated into the Trafficking Act or not, will prohibit the use, procuring or offering of both boys and girls under the age of 18 for the purpose of commercial sexual exploitation. It urges the Government to take the necessary measures to ensure the adoption of such a prohibition in the near future and requests a copy of the relevant legislation, once 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 also noted that the Committee on the Rights of the Child (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. It further noted the indication in the CSEC Report that magistrates in Belize City reported incidences of children under 18 used in pornography (page 39).

The Committee notes the Government’s statement that it has received recommendations to include specific measures to prohibit the involvement of a child under 18 years of age in the production of pornography or for pornographic performances in the Commercial Sexual Exploitation of Children (Prohibition) Bill. The Committee urges the Government to take the necessary measures to ensure the adoption, in the near future, of specific provisions prohibiting the use, procuring or offering of a child under 18 years of age for the production of pornography or pornographic performances.

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. However, it noted the Government’s statement that draft National Child Labour Policy had been submitted to the National Child Labour Sub Committee (now the National Child Labour Committee) and that this draft Policy would provide a framework for legislative drafting that would prohibit this worst form of child labour.

The Committee notes the Government’s indication that the National Child Labour Policy, adopted in 2009, specifically prohibits child labour which involves the use, procuring or offering of a child for illicit activities, in particular, the drug trade. The Committee expresses the firm hope that legislation based on the guidelines of the National Child Labour Policy will be developed and adopted in the near future, and that this legislation will prohibit the involvement of a child in illicit activities, in conformity with Article 3(c) of the Convention.

Article 4(1). Determination of hazardous work. The Committee previously noted that a National Seminar on Child Labour and Hazardous Occupations, convened with employers’ and workers’ organizations to assist the Government in the identification of types of hazardous work, had developed a list of types of work considered to be hazardous. It requested information on progress made towards the adoption of this list.

The Committee notes the Government’s statement that the National Child Labour Policy contains a list of hazardous occupations prohibited for young workers. The Committee notes the Government’s indication that the list has been grouped into six types of prohibited occupations and three types of prohibited conditions, and that this list was agreed upon following tripartite consultation. However, the Committee observes that, based on information previously provided by the Government, the National Child Labour Policy is not a piece of legislation, but a guideline policy on which future legislation will be based. The Committee therefore requests the Government to indicate whether the list of types of hazardous work has been included in any legislation or regulations, and if penalties have been provided for persons who employ children in the types of work prohibited in this list.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Plan of Action for Children and Adolescents, 2004–15 (NPA). In its previous comments, the Committee noted the endorsement of the NPA in 2004, containing objectives in six main areas: health, education, child protection, family, HIV/AIDS and culture. The Committee notes the Government’s statement that the National Committee on Families and Children has reviewed the progress in the implementation of the NPA and acknowledged that the targets of the plan are not being accomplished. The Government indicates that the National Committee on Families and Children is compiling a report which will contain updated data and trends on each of the objectives of the NPA. This information will be used to redesign and strengthen the current services provided to children and adolescents. The Committee requests the Government to provide information on any measures taken within the strengthened NPA to address the worst forms of child labour, and the results achieved.

Application of the Convention in practice. The Committee previously noted the information in the survey entitled “Child labour in Belize: A qualitative study” that children in the country are involved in several of the worst forms of child labour, including hazardous work in commercial agriculture, work in the streets, domestic work and prostitution/sex tourism. The Committee also noted that in its concluding observations of 21 March 2005, the CRC expressed concern at the negative consequences resulting from the exploitation of child labour in the country, such as school dropouts and the negative effects on health caused by harmful and hazardous work. The CRC also expressed concern about “the so-called ‘sugar daddies’, adult men having sexual liaisons with girls and providing both girls and their families with monetary and material benefits in exchange for sex”. The CRC further expressed concern regarding the continued trafficking of children in Belize (CRC/C/15/Add.252, paragraphs 65, 67 and 68).

The Committee notes the statement in the report of the International Trade Union Confederation, for the World Trade Organization General Council on the trade policies of Belize of 3 and 5 November 2010, entitled “Internationally recognized core labour standards in Belize” that child prostitution continues to be a problem in Belize. The Committee also notes the Government’s statement that data on the situation of working children in Belize, including the worst forms of child labour, is not readily available. In this regard, the Committee notes the Government’s statement that while the National Committee on Families and Children is collecting information on the objectives of the NPA, including child protection, there remain significant gaps in data on this subject, including on the worst forms of child labour. However, the Committee also notes the information on the website of the International Organization for Migration (IOM) (www.iom.int) that the IOM is providing assistance to the Government within the framework of a counter-trafficking research project. The Committee once again expresses its concern at indications that the worst forms of child labour continue to be present in Belize, and urges the Government to redouble its efforts, within the framework of the National Child Labour Policy, to ensure the protection of young persons under 18 years of age against these worst forms, particularly trafficking, commercial sexual exploitation and the engagement of children in hazardous work. The Committee also encourages the Government to pursue its efforts, within the context of the evaluation of the NPA and through cooperation with the IOM, to ensure that sufficient up-to-date information on the worst forms of child labour is made available. To the extent possible, all information provided should be disaggregated by sex and age.

CMNT_TITLE

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 2020, 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. Worst forms of child labour. Clause (a) Sale and trafficking of children. The Committee previously noted the enactment of the Trafficking in Persons (Prohibition) Act (the Trafficking Act) in 2003, and requested information on the application of this Act in practice.

The Committee notes the Government’s statement that while the Trafficking Act is in full effect, statistics on its application in practice are not yet available, but that such statistics will be supplied with its next report. In this regard, the Committee notes the information in a report on the trafficking in persons in Belize of 14 June 2010, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org), that there have been no convictions for trafficking since 2005, despite indications that Belize is a source, transit and destination country for men, women and children. This report states that human trafficking cases are typically handled in lower courts and that these cases are often dismissed. The Committee accordingly urges the Government to take the necessary measures to ensure that, in practice, thorough investigations and robust prosecutions are carried out for persons who engage in the trafficking of children, and that sufficiently effective and dissuasive sanctions are imposed. In this regard, the Committee once again requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied for the offence of trafficking in persons under 18.

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 on prostitution only covers cases where the child victim in question is female. In this regard, the Committee noted the findings in a 2006 ILO report entitled “Commercial Sexual Exploitation of Children and Adolescents in Belize” (CSEC Report) that both male and female children are victims of commercial sexual exploitation in the country (page 89). However, the Committee also noted that legislation entitled the Commercial Sexual Exploitation of Children (Prohibition) Bill had been drafted and would be submitted to Cabinet for review.

The Committee notes the Government’s statement that the Commercial Sexual Exploitation of Children (Prohibition) Bill is still under discussion. It notes the Government’s indication that this Bill may be incorporated into the Trafficking Act, as the Trafficking Act may be amended in the near future. The Committee expresses the firm hope that the forthcoming legislation, whether incorporated into the Trafficking Act or not, will prohibit the use, procuring or offering of both boys and girls under the age of 18 for the purpose of commercial sexual exploitation. It urges the Government to take the necessary measures to ensure the adoption of such a prohibition in the near future and requests a copy of the relevant legislation, once 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 also noted that the Committee on the Rights of the Child (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. It further noted the indication in the CSEC Report that magistrates in Belize City reported incidences of children under 18 used in pornography (page 39).

The Committee notes the Government’s statement that it has received recommendations to include specific measures to prohibit the involvement of a child under 18 years of age in the production of pornography or for pornographic performances in the Commercial Sexual Exploitation of Children (Prohibition) Bill. The Committee urges the Government to take the necessary measures to ensure the adoption, in the near future, of specific provisions prohibiting the use, procuring or offering of a child under 18 years of age for the production of pornography or pornographic performances.

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. However, it noted the Government’s statement that draft National Child Labour Policy had been submitted to the National Child Labour Sub Committee (now the National Child Labour Committee) and that this draft Policy would provide a framework for legislative drafting that would prohibit this worst form of child labour.

The Committee notes the Government’s indication that the National Child Labour Policy, adopted in 2009, specifically prohibits child labour which involves the use, procuring or offering of a child for illicit activities, in particular, the drug trade. The Committee expresses the firm hope that legislation based on the guidelines of the National Child Labour Policy will be developed and adopted in the near future, and that this legislation will prohibit the involvement of a child in illicit activities, in conformity with Article 3(c) of the Convention.

Article 4(1). Determination of hazardous work. The Committee previously noted that a National Seminar on Child Labour and Hazardous Occupations, convened with employers’ and workers’ organizations to assist the Government in the identification of types of hazardous work, had developed a list of types of work considered to be hazardous. It requested information on progress made towards the adoption of this list.

The Committee notes the Government’s statement that the National Child Labour Policy contains a list of hazardous occupations prohibited for young workers. The Committee notes the Government’s indication that the list has been grouped into six types of prohibited occupations and three types of prohibited conditions, and that this list was agreed upon following tripartite consultation. However, the Committee observes that, based on information previously provided by the Government, the National Child Labour Policy is not a piece of legislation, but a guideline policy on which future legislation will be based. The Committee therefore requests the Government to indicate whether the list of types of hazardous work has been included in any legislation or regulations, and if penalties have been provided for persons who employ children in the types of work prohibited in this list.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Plan of Action for Children and Adolescents, 2004–15 (NPA). In its previous comments, the Committee noted the endorsement of the NPA in 2004, containing objectives in six main areas: health, education, child protection, family, HIV/AIDS and culture. The Committee notes the Government’s statement that the National Committee on Families and Children has reviewed the progress in the implementation of the NPA and acknowledged that the targets of the plan are not being accomplished. The Government indicates that the National Committee on Families and Children is compiling a report which will contain updated data and trends on each of the objectives of the NPA. This information will be used to redesign and strengthen the current services provided to children and adolescents. The Committee requests the Government to provide information on any measures taken within the strengthened NPA to address the worst forms of child labour, and the results achieved.

Application of the Convention in practice. The Committee previously noted the information in the survey entitled “Child labour in Belize: A qualitative study” that children in the country are involved in several of the worst forms of child labour, including hazardous work in commercial agriculture, work in the streets, domestic work and prostitution/sex tourism. The Committee also noted that in its concluding observations of 21 March 2005, the CRC expressed concern at the negative consequences resulting from the exploitation of child labour in the country, such as school dropouts and the negative effects on health caused by harmful and hazardous work. The CRC also expressed concern about “the so-called ‘sugar daddies’, adult men having sexual liaisons with girls and providing both girls and their families with monetary and material benefits in exchange for sex”. The CRC further expressed concern regarding the continued trafficking of children in Belize (CRC/C/15/Add.252, paragraphs 65, 67 and 68).

The Committee notes the statement in the report of the International Trade Union Confederation, for the World Trade Organization General Council on the trade policies of Belize of 3 and 5 November 2010, entitled “Internationally recognized core labour standards in Belize” that child prostitution continues to be a problem in Belize. The Committee also notes the Government’s statement that data on the situation of working children in Belize, including the worst forms of child labour, is not readily available. In this regard, the Committee notes the Government’s statement that while the National Committee on Families and Children is collecting information on the objectives of the NPA, including child protection, there remain significant gaps in data on this subject, including on the worst forms of child labour. However, the Committee also notes the information on the website of the International Organization for Migration (IOM) (www.iom.int) that the IOM is providing assistance to the Government within the framework of a counter-trafficking research project. The Committee once again expresses its concern at indications that the worst forms of child labour continue to be present in Belize, and urges the Government to redouble its efforts, within the framework of the National Child Labour Policy, to ensure the protection of young persons under 18 years of age against these worst forms, particularly trafficking, commercial sexual exploitation and the engagement of children in hazardous work. The Committee also encourages the Government to pursue its efforts, within the context of the evaluation of the NPA and through cooperation with the IOM, to ensure that sufficient up-to-date information on the worst forms of child labour is made available. To the extent possible, all information provided should be disaggregated by sex and age.

CMNT_TITLE

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 initially made in 2010.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a) Sale and trafficking of children. The Committee previously noted the enactment of the Trafficking in Persons (Prohibition) Act (the Trafficking Act) in 2003, and requested information on the application of this Act in practice.

The Committee notes the Government’s statement that while the Trafficking Act is in full effect, statistics on its application in practice are not yet available, but that such statistics will be supplied with its next report. In this regard, the Committee notes the information in a report on the trafficking in persons in Belize of 14 June 2010, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org), that there have been no convictions for trafficking since 2005, despite indications that Belize is a source, transit and destination country for men, women and children. This report states that human trafficking cases are typically handled in lower courts and that these cases are often dismissed. The Committee accordingly urges the Government to take the necessary measures to ensure that, in practice, thorough investigations and robust prosecutions are carried out for persons who engage in the trafficking of children, and that sufficiently effective and dissuasive sanctions are imposed. In this regard, the Committee once again requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied for the offence of trafficking in persons under 18.

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 on prostitution only covers cases where the child victim in question is female. In this regard, the Committee noted the findings in a 2006 ILO report entitled “Commercial Sexual Exploitation of Children and Adolescents in Belize” (CSEC Report) that both male and female children are victims of commercial sexual exploitation in the country (page 89). However, the Committee also noted that legislation entitled the Commercial Sexual Exploitation of Children (Prohibition) Bill had been drafted and would be submitted to Cabinet for review.

The Committee notes the Government’s statement that the Commercial Sexual Exploitation of Children (Prohibition) Bill is still under discussion. It notes the Government’s indication that this Bill may be incorporated into the Trafficking Act, as the Trafficking Act may be amended in the near future. The Committee expresses the firm hope that the forthcoming legislation, whether incorporated into the Trafficking Act or not, will prohibit the use, procuring or offering of both boys and girls under the age of 18 for the purpose of commercial sexual exploitation. It urges the Government to take the necessary measures to ensure the adoption of such a prohibition in the near future and requests a copy of the relevant legislation, once 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 also noted that the Committee on the Rights of the Child (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. It further noted the indication in the CSEC Report that magistrates in Belize City reported incidences of children under 18 used in pornography (page 39).

The Committee notes the Government’s statement that it has received recommendations to include specific measures to prohibit the involvement of a child under 18 years of age in the production of pornography or for pornographic performances in the Commercial Sexual Exploitation of Children (Prohibition) Bill. The Committee urges the Government to take the necessary measures to ensure the adoption, in the near future, of specific provisions prohibiting the use, procuring or offering of a child under 18 years of age for the production of pornography or pornographic performances.

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. However, it noted the Government’s statement that draft National Child Labour Policy had been submitted to the National Child Labour Sub Committee (now the National Child Labour Committee) and that this draft Policy would provide a framework for legislative drafting that would prohibit this worst form of child labour.

The Committee notes the Government’s indication that the National Child Labour Policy, adopted in 2009, specifically prohibits child labour which involves the use, procuring or offering of a child for illicit activities, in particular, the drug trade. The Committee expresses the firm hope that legislation based on the guidelines of the National Child Labour Policy will be developed and adopted in the near future, and that this legislation will prohibit the involvement of a child in illicit activities, in conformity with Article 3(c) of the Convention.

Article 4(1). Determination of hazardous work. The Committee previously noted that a National Seminar on Child Labour and Hazardous Occupations, convened with employers’ and workers’ organizations to assist the Government in the identification of types of hazardous work, had developed a list of types of work considered to be hazardous. It requested information on progress made towards the adoption of this list.

The Committee notes the Government’s statement that the National Child Labour Policy contains a list of hazardous occupations prohibited for young workers. The Committee notes the Government’s indication that the list has been grouped into six types of prohibited occupations and three types of prohibited conditions, and that this list was agreed upon following tripartite consultation. However, the Committee observes that, based on information previously provided by the Government, the National Child Labour Policy is not a piece of legislation, but a guideline policy on which future legislation will be based. The Committee therefore requests the Government to indicate whether the list of types of hazardous work has been included in any legislation or regulations, and if penalties have been provided for persons who employ children in the types of work prohibited in this list.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Plan of Action for Children and Adolescents, 2004–15 (NPA). In its previous comments, the Committee noted the endorsement of the NPA in 2004, containing objectives in six main areas: health, education, child protection, family, HIV/AIDS and culture. The Committee notes the Government’s statement that the National Committee on Families and Children has reviewed the progress in the implementation of the NPA and acknowledged that the targets of the plan are not being accomplished. The Government indicates that the National Committee on Families and Children is compiling a report which will contain updated data and trends on each of the objectives of the NPA. This information will be used to redesign and strengthen the current services provided to children and adolescents. The Committee requests the Government to provide information on any measures taken within the strengthened NPA to address the worst forms of child labour, and the results achieved.

Application of the Convention in practice. The Committee previously noted the information in the survey entitled “Child labour in Belize: A qualitative study” that children in the country are involved in several of the worst forms of child labour, including hazardous work in commercial agriculture, work in the streets, domestic work and prostitution/sex tourism. The Committee also noted that in its concluding observations of 21 March 2005, the CRC expressed concern at the negative consequences resulting from the exploitation of child labour in the country, such as school dropouts and the negative effects on health caused by harmful and hazardous work. The CRC also expressed concern about “the so-called ‘sugar daddies’, adult men having sexual liaisons with girls and providing both girls and their families with monetary and material benefits in exchange for sex”. The CRC further expressed concern regarding the continued trafficking of children in Belize (CRC/C/15/Add.252, paragraphs 65, 67 and 68).

The Committee notes the statement in the report of the International Trade Union Confederation, for the World Trade Organization General Council on the trade policies of Belize of 3 and 5 November 2010, entitled “Internationally recognized core labour standards in Belize” that child prostitution continues to be a problem in Belize. The Committee also notes the Government’s statement that data on the situation of working children in Belize, including the worst forms of child labour, is not readily available. In this regard, the Committee notes the Government’s statement that while the National Committee on Families and Children is collecting information on the objectives of the NPA, including child protection, there remain significant gaps in data on this subject, including on the worst forms of child labour. However, the Committee also notes the information on the website of the International Organization for Migration (IOM) (www.iom.int) that the IOM is providing assistance to the Government within the framework of a counter-trafficking research project. The Committee once again expresses its concern at indications that the worst forms of child labour continue to be present in Belize, and urges the Government to redouble its efforts, within the framework of the National Child Labour Policy, to ensure the protection of young persons under 18 years of age against these worst forms, particularly trafficking, commercial sexual exploitation and the engagement of children in hazardous work. The Committee also encourages the Government to pursue its efforts, within the context of the evaluation of the NPA and through cooperation with the IOM, to ensure that sufficient up-to-date information on the worst forms of child labour is made available. To the extent possible, all information provided should be disaggregated by sex and age.

CMNT_TITLE

The Committee notes with 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 initially made in 2010. The Committee also notes that the Government has been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a) Sale and trafficking of children. The Committee previously noted the enactment of the Trafficking in Persons (Prohibition) Act (the Trafficking Act) in 2003, and requested information on the application of this Act in practice.

The Committee notes the Government’s statement that while the Trafficking Act is in full effect, statistics on its application in practice are not yet available, but that such statistics will be supplied with its next report. In this regard, the Committee notes the information in a report on the trafficking in persons in Belize of 14 June 2010, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org), that there have been no convictions for trafficking since 2005, despite indications that Belize is a source, transit and destination country for men, women and children. This report states that human trafficking cases are typically handled in lower courts and that these cases are often dismissed. The Committee accordingly urges the Government to take the necessary measures to ensure that, in practice, thorough investigations and robust prosecutions are carried out for persons who engage in the trafficking of children, and that sufficiently effective and dissuasive sanctions are imposed. In this regard, the Committee once again requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied for the offence of trafficking in persons under 18.

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 on prostitution only covers cases where the child victim in question is female. In this regard, the Committee noted the findings in a 2006 ILO report entitled “Commercial Sexual Exploitation of Children and Adolescents in Belize” (CSEC Report) that both male and female children are victims of commercial sexual exploitation in the country (page 89). However, the Committee also noted that legislation entitled the Commercial Sexual Exploitation of Children (Prohibition) Bill had been drafted and would be submitted to Cabinet for review.

The Committee notes the Government’s statement that the Commercial Sexual Exploitation of Children (Prohibition) Bill is still under discussion. It notes the Government’s indication that this Bill may be incorporated into the Trafficking Act, as the Trafficking Act may be amended in the near future. The Committee expresses the firm hope that the forthcoming legislation, whether incorporated into the Trafficking Act or not, will prohibit the use, procuring or offering of both boys and girls under the age of 18 for the purpose of commercial sexual exploitation. It urges the Government to take the necessary measures to ensure the adoption of such a prohibition in the near future and requests a copy of the relevant legislation, once 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 also noted that the Committee on the Rights of the Child (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. It further noted the indication in the CSEC Report that magistrates in Belize City reported incidences of children under 18 used in pornography (page 39).

The Committee notes the Government’s statement that it has received recommendations to include specific measures to prohibit the involvement of a child under 18 years of age in the production of pornography or for pornographic performances in the Commercial Sexual Exploitation of Children (Prohibition) Bill. The Committee urges the Government to take the necessary measures to ensure the adoption, in the near future, of specific provisions prohibiting the use, procuring or offering of a child under 18 years of age for the production of pornography or pornographic performances.

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. However, it noted the Government’s statement that draft National Child Labour Policy had been submitted to the National Child Labour Sub Committee (now the National Child Labour Committee) and that this draft Policy would provide a framework for legislative drafting that would prohibit this worst form of child labour.

The Committee notes the Government’s indication that the National Child Labour Policy, adopted in 2009, specifically prohibits child labour which involves the use, procuring or offering of a child for illicit activities, in particular, the drug trade. The Committee expresses the firm hope that legislation based on the guidelines of the National Child Labour Policy will be developed and adopted in the near future, and that this legislation will prohibit the involvement of a child in illicit activities, in conformity with Article 3(c) of the Convention.

Article 4(1). Determination of hazardous work. The Committee previously noted that a National Seminar on Child Labour and Hazardous Occupations, convened with employers’ and workers’ organizations to assist the Government in the identification of types of hazardous work, had developed a list of types of work considered to be hazardous. It requested information on progress made towards the adoption of this list.

The Committee notes the Government’s statement that the National Child Labour Policy contains a list of hazardous occupations prohibited for young workers. The Committee notes the Government’s indication that the list has been grouped into six types of prohibited occupations and three types of prohibited conditions, and that this list was agreed upon following tripartite consultation. However, the Committee observes that, based on information previously provided by the Government, the National Child Labour Policy is not a piece of legislation, but a guideline policy on which future legislation will be based. The Committee therefore requests the Government to indicate whether the list of types of hazardous work has been included in any legislation or regulations, and if penalties have been provided for persons who employ children in the types of work prohibited in this list.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Plan of Action for Children and Adolescents, 2004–15 (NPA). In its previous comments, the Committee noted the endorsement of the NPA in 2004, containing objectives in six main areas: health, education, child protection, family, HIV/AIDS and culture. The Committee notes the Government’s statement that the National Committee on Families and Children has reviewed the progress in the implementation of the NPA and acknowledged that the targets of the plan are not being accomplished. The Government indicates that the National Committee on Families and Children is compiling a report which will contain updated data and trends on each of the objectives of the NPA. This information will be used to redesign and strengthen the current services provided to children and adolescents. The Committee requests the Government to provide information on any measures taken within the strengthened NPA to address the worst forms of child labour, and the results achieved.

Application of the Convention in practice. The Committee previously noted the information in the survey entitled “Child labour in Belize: A qualitative study” that children in the country are involved in several of the worst forms of child labour, including hazardous work in commercial agriculture, work in the streets, domestic work and prostitution/sex tourism. The Committee also noted that in its concluding observations of 21 March 2005, the CRC expressed concern at the negative consequences resulting from the exploitation of child labour in the country, such as school dropouts and the negative effects on health caused by harmful and hazardous work. The CRC also expressed concern about “the so-called ‘sugar daddies’, adult men having sexual liaisons with girls and providing both girls and their families with monetary and material benefits in exchange for sex”. The CRC further expressed concern regarding the continued trafficking of children in Belize (CRC/C/15/Add.252, paragraphs 65, 67 and 68).

The Committee notes the statement in the report of the International Trade Union Confederation, for the World Trade Organization General Council on the trade policies of Belize of 3 and 5 November 2010, entitled “Internationally recognized core labour standards in Belize” that child prostitution continues to be a problem in Belize. The Committee also notes the Government’s statement that data on the situation of working children in Belize, including the worst forms of child labour, is not readily available. In this regard, the Committee notes the Government’s statement that while the National Committee on Families and Children is collecting information on the objectives of the NPA, including child protection, there remain significant gaps in data on this subject, including on the worst forms of child labour. However, the Committee also notes the information on the website of the International Organization for Migration (IOM) (www.iom.int) that the IOM is providing assistance to the Government within the framework of a counter-trafficking research project. The Committee once again expresses its concern at indications that the worst forms of child labour continue to be present in Belize, and urges the Government to redouble its efforts, within the framework of the National Child Labour Policy, to ensure the protection of young persons under 18 years of age against these worst forms, particularly trafficking, commercial sexual exploitation and the engagement of children in hazardous work. The Committee also encourages the Government to pursue its efforts, within the context of the evaluation of the NPA and through cooperation with the IOM, to ensure that sufficient up-to-date information on the worst forms of child labour is made available. To the extent possible, all information provided should be disaggregated by sex and age.

CMNT_TITLE

The Committee notes with 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.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a) Sale and trafficking of children. The Committee previously noted the enactment of the Trafficking in Persons (Prohibition) Act (the Trafficking Act) in 2003, and requested information on the application of this Act in practice.

The Committee notes the Government’s statement that while the Trafficking Act is in full effect, statistics on its application in practice are not yet available, but that such statistics will be supplied with its next report. In this regard, the Committee notes the information in a report on the trafficking in persons in Belize of 14 June 2010, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org), that there have been no convictions for trafficking since 2005, despite indications that Belize is a source, transit and destination country for men, women and children. This report states that human trafficking cases are typically handled in lower courts and that these cases are often dismissed. The Committee accordingly urges the Government to take the necessary measures to ensure that, in practice, thorough investigations and robust prosecutions are carried out for persons who engage in the trafficking of children, and that sufficiently effective and dissuasive sanctions are imposed. In this regard, the Committee once again requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied for the offence of trafficking in persons under 18.

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 on prostitution only covers cases where the child victim in question is female. In this regard, the Committee noted the findings in a 2006 ILO report entitled “Commercial Sexual Exploitation of Children and Adolescents in Belize” (CSEC Report) that both male and female children are victims of commercial sexual exploitation in the country (page 89). However, the Committee also noted that legislation entitled the Commercial Sexual Exploitation of Children (Prohibition) Bill had been drafted and would be submitted to Cabinet for review.

The Committee notes the Government’s statement that the Commercial Sexual Exploitation of Children (Prohibition) Bill is still under discussion. It notes the Government’s indication that this Bill may be incorporated into the Trafficking Act, as the Trafficking Act may be amended in the near future. The Committee expresses the firm hope that the forthcoming legislation, whether incorporated into the Trafficking Act or not, will prohibit the use, procuring or offering of both boys and girls under the age of 18 for the purpose of commercial sexual exploitation. It urges the Government to take the necessary measures to ensure the adoption of such a prohibition in the near future and requests a copy of the relevant legislation, once 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 also noted that the Committee on the Rights of the Child (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. It further noted the indication in the CSEC Report that magistrates in Belize City reported incidences of children under 18 used in pornography (page 39).

The Committee notes the Government’s statement that it has received recommendations to include specific measures to prohibit the involvement of a child under 18 years of age in the production of pornography or for pornographic performances in the Commercial Sexual Exploitation of Children (Prohibition) Bill. The Committee urges the Government to take the necessary measures to ensure the adoption, in the near future, of specific provisions prohibiting the use, procuring or offering of a child under 18 years of age for the production of pornography or pornographic performances.

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. However, it noted the Government’s statement that draft National Child Labour Policy had been submitted to the National Child Labour Sub Committee (now the National Child Labour Committee) and that this draft Policy would provide a framework for legislative drafting that would prohibit this worst form of child labour.

The Committee notes the Government’s indication that the National Child Labour Policy, adopted in 2009, specifically prohibits child labour which involves the use, procuring or offering of a child for illicit activities, in particular, the drug trade. The Committee expresses the firm hope that legislation based on the guidelines of the National Child Labour Policy will be developed and adopted in the near future, and that this legislation will prohibit the involvement of a child in illicit activities, in conformity with Article 3(c) of the Convention.

Article 4(1). Determination of hazardous work. The Committee previously noted that a National Seminar on Child Labour and Hazardous Occupations, convened with employers’ and workers’ organizations to assist the Government in the identification of types of hazardous work, had developed a list of types of work considered to be hazardous. It requested information on progress made towards the adoption of this list.

The Committee notes the Government’s statement that the National Child Labour Policy contains a list of hazardous occupations prohibited for young workers. The Committee notes the Government’s indication that the list has been grouped into six types of prohibited occupations and three types of prohibited conditions, and that this list was agreed upon following tripartite consultation. However, the Committee observes that, based on information previously provided by the Government, the National Child Labour Policy is not a piece of legislation, but a guideline policy on which future legislation will be based. The Committee therefore requests the Government to indicate whether the list of types of hazardous work has been included in any legislation or regulations, and if penalties have been provided for persons who employ children in the types of work prohibited in this list.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Plan of Action for Children and Adolescents, 2004–15 (NPA). In its previous comments, the Committee noted the endorsement of the NPA in 2004, containing objectives in six main areas: health, education, child protection, family, HIV/AIDS and culture. The Committee notes the Government’s statement that the National Committee on Families and Children has reviewed the progress in the implementation of the NPA and acknowledged that the targets of the plan are not being accomplished. The Government indicates that the National Committee on Families and Children is compiling a report which will contain updated data and trends on each of the objectives of the NPA. This information will be used to redesign and strengthen the current services provided to children and adolescents. The Committee requests the Government to provide information on any measures taken within the strengthened NPA to address the worst forms of child labour, and the results achieved.

Application of the Convention in practice. The Committee previously noted the information in the survey entitled “Child labour in Belize: A qualitative study” that children in the country are involved in several of the worst forms of child labour, including hazardous work in commercial agriculture, work in the streets, domestic work and prostitution/sex tourism. The Committee also noted that in its concluding observations of 21 March 2005, the CRC expressed concern at the negative consequences resulting from the exploitation of child labour in the country, such as school dropouts and the negative effects on health caused by harmful and hazardous work. The CRC also expressed concern about “the so-called ‘sugar daddies’, adult men having sexual liaisons with girls and providing both girls and their families with monetary and material benefits in exchange for sex”. The CRC further expressed concern regarding the continued trafficking of children in Belize (CRC/C/15/Add.252, paragraphs 65, 67 and 68).

The Committee notes the statement in the report of the International Trade Union Confederation, for the World Trade Organization General Council on the trade policies of Belize of 3 and 5 November 2010, entitled “Internationally recognized core labour standards in Belize” that child prostitution continues to be a problem in Belize. The Committee also notes the Government’s statement that data on the situation of working children in Belize, including the worst forms of child labour, is not readily available. In this regard, the Committee notes the Government’s statement that while the National Committee on Families and Children is collecting information on the objectives of the NPA, including child protection, there remain significant gaps in data on this subject, including on the worst forms of child labour. However, the Committee also notes the information on the website of the International Organization for Migration (IOM) (www.iom.int) that the IOM is providing assistance to the Government within the framework of a counter-trafficking research project. The Committee once again expresses its concern at indications that the worst forms of child labour continue to be present in Belize, and urges the Government to redouble its efforts, within the framework of the National Child Labour Policy, to ensure the protection of young persons under 18 years of age against these worst forms, particularly trafficking, commercial sexual exploitation and the engagement of children in hazardous work. The Committee also encourages the Government to pursue its efforts, within the context of the evaluation of the NPA and through cooperation with the IOM, to ensure that sufficient up-to-date information on the worst forms of child labour is made available. To the extent possible, all information provided should be disaggregated by sex and age.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a.) Sale and trafficking of children. The Committee previously noted the enactment of the Trafficking in Persons (Prohibition) Act (the Trafficking Act) in 2003, and requested information on the application of this Act in practice.

The Committee notes the Government’s statement that while the Trafficking Act is in full effect, statistics on its application in practice are not yet available, but that such statistics will be supplied with its next report. In this regard, the Committee notes the information in a report on the trafficking in persons in Belize of 14 June 2010, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org), that there have been no convictions for trafficking since 2005, despite indications that Belize is a source, transit and destination country for men, women and children. This report states that human trafficking cases are typically handled in lower courts and that these cases are often dismissed. The Committee accordingly urges the Government to take the necessary measures to ensure that, in practice, thorough investigations and robust prosecutions are carried out for persons who engage in the trafficking of children, and that sufficiently effective and dissuasive sanctions are imposed. In this regard, the Committee once again requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied for the offence of trafficking in persons under 18.

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 on prostitution only covers cases where the child victim in question is female. In this regard, the Committee noted the findings in a 2006 ILO report entitled “Commercial Sexual Exploitation of Children and Adolescents in Belize” (CSEC Report) that both male and female children are victims of commercial sexual exploitation in the country (page 89). However, the Committee also noted that legislation entitled the Commercial Sexual Exploitation of Children (Prohibition) Bill had been drafted and would be submitted to Cabinet for review.

The Committee notes the Government’s statement that the Commercial Sexual Exploitation of Children (Prohibition) Bill is still under discussion. It notes the Government’s indication that this Bill may be incorporated into the Trafficking Act, as the Trafficking Act may be amended in the near future. The Committee expresses the firm hope that the forthcoming legislation, whether incorporated into the Trafficking Act or not, will prohibit the use, procuring or offering of both boys and girls under the age of 18 for the purpose of commercial sexual exploitation. It urges the Government to take the necessary measures to ensure the adoption of such a prohibition in the near future and requests a copy of the relevant legislation, once 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 also noted that the Committee on the Rights of the Child (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. It further noted the indication in the CSEC Report that magistrates in Belize City reported incidences of children under 18 used in pornography (page 39).

The Committee notes the Government’s statement that it has received recommendations to include specific measures to prohibit the involvement of a child under 18 years of age in the production of pornography or for pornographic performances in the Commercial Sexual Exploitation of Children (Prohibition) Bill. The Committee urges the Government to take the necessary measures to ensure the adoption, in the near future, of specific provisions prohibiting the use, procuring or offering of a child under 18 years of age for the production of pornography or pornographic performances.

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. However, it noted the Government’s statement that draft National Child Labour Policy had been submitted to the National Child Labour Sub Committee (now the National Child Labour Committee) and that this draft Policy would provide a framework for legislative drafting that would prohibit this worst form of child labour.

The Committee notes the Government’s indication that the National Child Labour Policy, adopted in 2009, specifically prohibits child labour which involves the use, procuring or offering of a child for illicit activities, in particular, the drug trade. The Committee expresses the firm hope that legislation based on the guidelines of the National Child Labour Policy will be developed and adopted in the near future, and that this legislation will prohibit the involvement of a child in illicit activities, in conformity with Article 3(c) of the Convention.

Article 4(1). Determination of hazardous work. The Committee previously noted that a National Seminar on Child Labour and Hazardous Occupations, convened with employers’ and workers’ organizations to assist the Government in the identification of types of hazardous work, had developed a list of types of work considered to be hazardous. It requested information on progress made towards the adoption of this list.

The Committee notes the Government’s statement that the National Child Labour Policy contains a list of hazardous occupations prohibited for young workers. The Committee notes the Government’s indication that the list has been grouped into six types of prohibited occupations and three types of prohibited conditions, and that this list was agreed upon following tripartite consultation. However, the Committee observes that, based on information previously provided by the Government, the National Child Labour Policy is not a piece of legislation, but a guideline policy on which future legislation will be based. The Committee therefore requests the Government to indicate whether the list of types of hazardous work has been included in any legislation or regulations, and if penalties have been provided for persons who employ children in the types of work prohibited in this list.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Plan of Action for Children and Adolescents, 2004–15 (NPA). In its previous comments, the Committee noted the endorsement of the NPA in 2004, containing objectives in six main areas: health, education, child protection, family, HIV/AIDS and culture. The Committee notes the Government’s statement that the National Committee on Families and Children has reviewed the progress in the implementation of the NPA and acknowledged that the targets of the plan are not being accomplished. The Government indicates that the National Committee on Families and Children is compiling a report which will contain updated data and trends on each of the objectives of the NPA. This information will be used to redesign and strengthen the current services provided to children and adolescents. The Committee requests the Government to provide information on any measures taken within the strengthened NPA to address the worst forms of child labour, and the results achieved.

Application of the Convention in practice. The Committee previously noted the information in the survey entitled “Child labour in Belize: A qualitative study” that children in the country are involved in several of the worst forms of child labour, including hazardous work in commercial agriculture, work in the streets, domestic work and prostitution/sex tourism. The Committee also noted that in its concluding observations of 21 March 2005, the CRC expressed concern at the negative consequences resulting from the exploitation of child labour in the country, such as school dropouts and the negative effects on health caused by harmful and hazardous work. The CRC also expressed concern about “the so-called ‘sugar daddies’, adult men having sexual liaisons with girls and providing both girls and their families with monetary and material benefits in exchange for sex”. The CRC further expressed concern regarding the continued trafficking of children in Belize (CRC/C/15/Add.252, paragraphs 65, 67 and 68).

The Committee notes the statement in the report of the International Trade Union Confederation, for the World Trade Organization General Council on the trade policies of Belize of 3 and 5 November 2010, entitled “Internationally recognized core labour standards in Belize” that child prostitution continues to be a problem in Belize. The Committee also notes the Government’s statement that data on the situation of working children in Belize, including the worst forms of child labour, is not readily available. In this regard, the Committee notes the Government’s statement that while the National Committee on Families and Children is collecting information on the objectives of the NPA, including child protection, there remain significant gaps in data on this subject, including on the worst forms of child labour. However, the Committee also notes the information on the website of the International Organization for Migration (IOM) (www.iom.int) that the IOM is providing assistance to the Government within the framework of a counter-trafficking research project. The Committee once again expresses its concern at indications that the worst forms of child labour continue to be present in Belize, and urges the Government to redouble its efforts, within the framework of the National Child Labour Policy, to ensure the protection of young persons under 18 years of age against these worst forms, particularly trafficking, commercial sexual exploitation and the engagement of children in hazardous work. The Committee also encourages the Government to pursue its efforts, within the context of the evaluation of the NPA and through cooperation with the IOM, to ensure that sufficient up-to-date information on the worst forms of child labour is made available. To the extent possible, all information provided should be disaggregated by sex and age.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a.) Sale and trafficking of children. The Committee previously noted the enactment of the Trafficking in Persons (Prohibition) Act (the Trafficking Act) in 2003, and requested information on the application of this Act in practice.

The Committee notes the Government’s statement that while the Trafficking Act is in full effect, statistics on its application in practice are not yet available, but that such statistics will be supplied with its next report. In this regard, the Committee notes the information in a report on the trafficking in persons in Belize of 14 June 2010, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org), that there have been no convictions for trafficking since 2005, despite indications that Belize is a source, transit and destination country for men, women and children. This report states that human trafficking cases are typically handled in lower courts and that these cases are often dismissed. The Committee accordingly urges the Government to take the necessary measures to ensure that, in practice, thorough investigations and robust prosecutions are carried out for persons who engage in the trafficking of children, and that sufficiently effective and dissuasive sanctions are imposed. In this regard, the Committee once again requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied for the offence of trafficking in persons under 18.

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 on prostitution only covers cases where the child victim in question is female. In this regard, the Committee noted the findings in a 2006 ILO report entitled “Commercial Sexual Exploitation of Children and Adolescents in Belize” (CSEC Report) that both male and female children are victims of commercial sexual exploitation in the country (page 89). However, the Committee also noted that legislation entitled the Commercial Sexual Exploitation of Children (Prohibition) Bill had been drafted and would be submitted to Cabinet for review.

The Committee notes the Government’s statement that the Commercial Sexual Exploitation of Children (Prohibition) Bill is still under discussion. It notes the Government’s indication that this Bill may be incorporated into the Trafficking Act, as the Trafficking Act may be amended in the near future. The Committee expresses the firm hope that the forthcoming legislation, whether incorporated into the Trafficking Act or not, will prohibit the use, procuring or offering of both boys and girls under the age of 18 for the purpose of commercial sexual exploitation. It urges the Government to take the necessary measures to ensure the adoption of such a prohibition in the near future and requests a copy of the relevant legislation, once 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 also noted that the Committee on the Rights of the Child (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. It further noted the indication in the CSEC Report that magistrates in Belize City reported incidences of children under 18 used in pornography (page 39).

The Committee notes the Government’s statement that it has received recommendations to include specific measures to prohibit the involvement of a child under 18 years of age in the production of pornography or for pornographic performances in the Commercial Sexual Exploitation of Children (Prohibition) Bill. The Committee urges the Government to take the necessary measures to ensure the adoption, in the near future, of specific provisions prohibiting the use, procuring or offering of a child under 18 years of age for the production of pornography or pornographic performances.

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. However, it noted the Government’s statement that draft National Child Labour Policy had been submitted to the National Child Labour Sub Committee (now the National Child Labour Committee) and that this draft Policy would provide a framework for legislative drafting that would prohibit this worst form of child labour.

The Committee notes the Government’s indication that the National Child Labour Policy, adopted in 2009, specifically prohibits child labour which involves the use, procuring or offering of a child for illicit activities, in particular, the drug trade. The Committee expresses the firm hope that legislation based on the guidelines of the National Child Labour Policy will be developed and adopted in the near future, and that this legislation will prohibit the involvement of a child in illicit activities, in conformity with Article 3(c) of the Convention.

Article 4(1). Determination of hazardous work. The Committee previously noted that a National Seminar on Child Labour and Hazardous Occupations, convened with employers’ and workers’ organizations to assist the Government in the identification of types of hazardous work, had developed a list of types of work considered to be hazardous. It requested information on progress made towards the adoption of this list.

The Committee notes the Government’s statement that the National Child Labour Policy contains a list of hazardous occupations prohibited for young workers. The Committee notes the Government’s indication that the list has been grouped into six types of prohibited occupations and three types of prohibited conditions, and that this list was agreed upon following tripartite consultation. However, the Committee observes that, based on information previously provided by the Government, the National Child Labour Policy is not a piece of legislation, but a guideline policy on which future legislation will be based. The Committee therefore requests the Government to indicate whether the list of types of hazardous work has been included in any legislation or regulations, and if penalties have been provided for persons who employ children in the types of work prohibited in this list.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Plan of Action for Children and Adolescents, 2004–15 (NPA). In its previous comments, the Committee noted the endorsement of the NPA in 2004, containing objectives in six main areas: health, education, child protection, family, HIV/AIDS and culture. The Committee notes the Government’s statement that the National Committee on Families and Children has reviewed the progress in the implementation of the NPA and acknowledged that the targets of the plan are not being accomplished. The Government indicates that the National Committee on Families and Children is compiling a report which will contain updated data and trends on each of the objectives of the NPA. This information will be used to redesign and strengthen the current services provided to children and adolescents. The Committee requests the Government to provide information on any measures taken within the strengthened NPA to address the worst forms of child labour, and the results achieved.

Application of the Convention in practice. The Committee previously noted the information in the survey entitled “Child labour in Belize: A qualitative study” that children in the country are involved in several of the worst forms of child labour, including hazardous work in commercial agriculture, work in the streets, domestic work and prostitution/sex tourism. The Committee also noted that in its concluding observations of 21 March 2005, the CRC expressed concern at the negative consequences resulting from the exploitation of child labour in the country, such as school dropouts and the negative effects on health caused by harmful and hazardous work. The CRC also expressed concern about “the so-called ‘sugar daddies’, adult men having sexual liaisons with girls and providing both girls and their families with monetary and material benefits in exchange for sex”. The CRC further expressed concern regarding the continued trafficking of children in Belize (CRC/C/15/Add.252, paragraphs 65, 67 and 68).

The Committee notes the statement in the report of the International Trade Union Confederation, for the World Trade Organization General Council on the trade policies of Belize of 3 and 5 November 2010, entitled “Internationally recognized core labour standards in Belize” that child prostitution continues to be a problem in Belize. The Committee also notes the Government’s statement that data on the situation of working children in Belize, including the worst forms of child labour, is not readily available. In this regard, the Committee notes the Government’s statement that while the National Committee on Families and Children is collecting information on the objectives of the NPA, including child protection, there remain significant gaps in data on this subject, including on the worst forms of child labour. However, the Committee also notes the information on the website of the International Organization for Migration (IOM) (www.iom.int) that the IOM is providing assistance to the Government within the framework of a counter-trafficking research project. The Committee once again expresses its concern at indications that the worst forms of child labour continue to be present in Belize, and urges the Government to redouble its efforts, within the framework of the National Child Labour Policy, to ensure the protection of young persons under 18 years of age against these worst forms, particularly trafficking, commercial sexual exploitation and the engagement of children in hazardous work. The Committee also encourages the Government to pursue its efforts, within the context of the evaluation of the NPA and through cooperation with the IOM, to ensure that sufficient up-to-date information on the worst forms of child labour is made available. To the extent possible, all information provided should be disaggregated by sex and age.

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Article 3 of the Convention. Worst forms of child labour. Clause (a.) Sale and trafficking of children. The Committee previously noted the enactment of the Trafficking in Persons (Prohibition) Act (the Trafficking Act) in 2003, and requested information on the application of this Act in practice.

The Committee notes the Government’s statement that while the Trafficking Act is in full effect, statistics on its application in practice are not yet available, but that such statistics will be supplied with its next report. In this regard, the Committee notes the information in a report on the trafficking in persons in Belize of 14 June 2010, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org), that there have been no convictions for trafficking since 2005, despite indications that Belize is a source, transit and destination country for men, women and children. This report states that human trafficking cases are typically handled in lower courts and that these cases are often dismissed. The Committee accordingly urges the Government to take the necessary measures to ensure that, in practice, thorough investigations and robust prosecutions are carried out for persons who engage in the trafficking of children, and that sufficiently effective and dissuasive sanctions are imposed. In this regard, the Committee once again requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied for the offence of trafficking in persons under 18.

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 on prostitution only covers cases where the child victim in question is female. In this regard, the Committee noted the findings in a 2006 ILO report entitled “Commercial Sexual Exploitation of Children and Adolescents in Belize” (CSEC Report) that both male and female children are victims of commercial sexual exploitation in the country (page 89). However, the Committee also noted that legislation entitled the Commercial Sexual Exploitation of Children (Prohibition) Bill had been drafted and would be submitted to Cabinet for review.

The Committee notes the Government’s statement that the Commercial Sexual Exploitation of Children (Prohibition) Bill is still under discussion. It notes the Government’s indication that this Bill may be incorporated into the Trafficking Act, as the Trafficking Act may be amended in the near future. The Committee expresses the firm hope that the forthcoming legislation, whether incorporated into the Trafficking Act or not, will prohibit the use, procuring or offering of both boys and girls under the age of 18 for the purpose of commercial sexual exploitation. It urges the Government to take the necessary measures to ensure the adoption of such a prohibition in the near future and requests a copy of the relevant legislation, once 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 also noted that the Committee on the Rights of the Child (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. It further noted the indication in the CSEC Report that magistrates in Belize City reported incidences of children under 18 used in pornography (page 39).

The Committee notes the Government’s statement that it has received recommendations to include specific measures to prohibit the involvement of a child under 18 years of age in the production of pornography or for pornographic performances in the Commercial Sexual Exploitation of Children (Prohibition) Bill. The Committee urges the Government to take the necessary measures to ensure the adoption, in the near future, of specific provisions prohibiting the use, procuring or offering of a child under 18 years of age for the production of pornography or pornographic performances.

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. However, it noted the Government’s statement that draft National Child Labour Policy had been submitted to the National Child Labour Sub Committee (now the National Child Labour Committee) and that this draft Policy would provide a framework for legislative drafting that would prohibit this worst form of child labour.

The Committee notes the Government’s indication that the National Child Labour Policy, adopted in 2009, specifically prohibits child labour which involves the use, procuring or offering of a child for illicit activities, in particular, the drug trade. The Committee expresses the firm hope that legislation based on the guidelines of the National Child Labour Policy will be developed and adopted in the near future, and that this legislation will prohibit the involvement of a child in illicit activities, in conformity with Article 3(c) of the Convention.

Article 4(1). Determination of hazardous work. The Committee previously noted that a National Seminar on Child Labour and Hazardous Occupations, convened with employers’ and workers’ organizations to assist the Government in the identification of types of hazardous work, had developed a list of types of work considered to be hazardous. It requested information on progress made towards the adoption of this list.

The Committee notes the Government’s statement that the National Child Labour Policy contains a list of hazardous occupations prohibited for young workers. The Committee notes the Government’s indication that the list has been grouped into six types of prohibited occupations and three types of prohibited conditions, and that this list was agreed upon following tripartite consultation. However, the Committee observes that, based on information previously provided by the Government, the National Child Labour Policy is not a piece of legislation, but a guideline policy on which future legislation will be based. The Committee therefore requests the Government to indicate whether the list of types of hazardous work has been included in any legislation or regulations, and if penalties have been provided for persons who employ children in the types of work prohibited in this list.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Plan of Action for Children and Adolescents, 2004–15 (NPA). In its previous comments, the Committee noted the endorsement of the NPA in 2004, containing objectives in six main areas: health, education, child protection, family, HIV/AIDS and culture. The Committee notes the Government’s statement that the National Committee on Families and Children has reviewed the progress in the implementation of the NPA and acknowledged that the targets of the plan are not being accomplished. The Government indicates that the National Committee on Families and Children is compiling a report which will contain updated data and trends on each of the objectives of the NPA. This information will be used to redesign and strengthen the current services provided to children and adolescents. The Committee requests the Government to provide information on any measures taken within the strengthened NPA to address the worst forms of child labour, and the results achieved.

Part 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 children in the country are involved in several of the worst forms of child labour, including hazardous work in commercial agriculture, work in the streets, domestic work and prostitution/sex tourism. The Committee also noted that in its concluding observations of 21 March 2005, the CRC expressed concern at the negative consequences resulting from the exploitation of child labour in the country, such as school dropouts and the negative effects on health caused by harmful and hazardous work. The CRC also expressed concern about “the so-called ‘sugar daddies’, adult men having sexual liaisons with girls and providing both girls and their families with monetary and material benefits in exchange for sex”. The CRC further expressed concern regarding the continued trafficking of children in Belize (CRC/C/15/Add.252, paragraphs 65, 67 and 68).

The Committee notes the statement in the report of the International Trade Union Confederation, for the World Trade Organization General Council on the trade policies of Belize of 3 and 5 November 2010, entitled “Internationally recognized core labour standards in Belize” that child prostitution continues to be a problem in Belize. The Committee also notes the Government’s statement that data on the situation of working children in Belize, including the worst forms of child labour, is not readily available. In this regard, the Committee notes the Government’s statement that while the National Committee on Families and Children is collecting information on the objectives of the NPA, including child protection, there remain significant gaps in data on this subject, including on the worst forms of child labour. However, the Committee also notes the information on the website of the International Organization for Migration (IOM) (www.iom.int) that the IOM is providing assistance to the Government within the framework of a counter-trafficking research project. The Committee once again expresses its concern at indications that the worst forms of child labour continue to be present in Belize, and urges the Government to redouble its efforts, within the framework of the National Child Labour Policy, to ensure the protection of young persons under 18 years of age against these worst forms, particularly trafficking, commercial sexual exploitation and the engagement of children in hazardous work. The Committee also encourages the Government to pursue its efforts, within the context of the evaluation of the NPA and through cooperation with the IOM, to ensure that sufficient up-to-date information on the worst forms of child labour is made available. To the extent possible, all information provided should be disaggregated by sex and age.

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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.

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The Committee notes with regret that for the fourth consecutive year, the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. Under section 152(2)(f) of the Families and Children Act, 1998, the Minister may make regulations to prohibit the trafficking of children for prostitution or pornographic purposes. The Committee requests the Government to indicate if a regulation prohibiting the trafficking of children under 18 years of age for prostitution or pornographic purposes has been adopted, pursuant to section 152(2)(f) of the Families and Children Act. Moreover, the Committee requests the Government to indicate any measures taken to secure the prohibition of the sale and trafficking of children less than 18 years of age for labour exploitation.

2. Slavery or practices similar to slavery such as debt bondage, serfdom and forced or compulsory labour. The Committee noted that article 8 of the Constitution of Belize states that no person shall be held in slavery or servitude. It also noted that, by virtue of section 158(1) of the Labour Act, 2000, no person shall impose or permit the imposition of forced labour.

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 requests 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.

According to section 175 of the Labour Act, the provisions laid down under Part XV (Employment of women and children) are not applicable to the exercise of manual labour by any child detained under order of detention in a certified institution under the Certified Institutions (Children’s Reformation) Act, or in an orphanage, or by any child receiving instruction in manual labour in any school. By virtue of section 2 of the Labour Act, the expression “manual labour” includes work ordinarily performed by all labourers, mechanics, artisans, handicraftsmen, seamen, boatmen, transport workers and any other similar work associated therewith, but does not include clerical work or work performed by domestic servants. The Committee requests the Government to provide information on the practical application of section 175 of the Labour Act and any rules or regulations which prescribe conditions for authorized manual labour under this provision.

Clause (b). 1. Use, procuring or offering of a child for prostitution. Section 47 of the Criminal Code imposes penalties on any person who procures or attempts to procure: (a) any female to become, either within or outside Belize, a common prostitute; (b) any female to leave Belize with intent that she may become an inmate of, or frequent, a brothel; or (c) either within or outside Belize any female to leave her usual place of abode in Belize (such place not being a brothel), with intent that she may, for the purposes of prostitution, become an inmate of, or frequent, a brothel either within or outside Belize. The Committee observes that section 47 of the Criminal Code concerning prostitution only covers the cases where the child in question is a female. It therefore asks 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.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. According to section 327 of the Criminal Code, it is an offence to publish or offer for sale any obscene book, writing or representation. The Committee 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 requests 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 has been adopted, pursuant to section 152(2)(d) of the Families and Children Act.

Clause (c). Use, procuring or offering of a child for illicit activities. 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. It reminded the Government that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government to take necessary measures to prohibit the use, procuring or offering of a child for illicit activities, in particular for the trafficking of drugs as defined in the relevant international treaties, and sanctions envisaged.

Clause (d). Hazardous work. Section 54(1) and (2) of the Labour Act provides that a child (a person under the age of 14 years) shall not be capable of entering into a contract and a young person (a person who has attained the age of 14 years but is under 18 years) shall not be capable of entering into a contract except for employment in an occupation approved by a labour officer as not being injurious to the moral or physical development of non-adults. According to section 7 of the Families and Children Act, 1998, subject to the provisions of the Labour Act and the District Courts (Procedure) Act, no child (below 18 years) shall be employed or engaged in any activity that may be detrimental to his health, education, mental, physical or moral development. The Committee noted more specifically that section 161(1)(b) of the Labour Act prohibits the employment of persons under the age of 18 years in a public or private industrial undertaking during the night; section 167 of the Labour Act prohibits the employment of young persons on any vessel as a trimmer or stoker; and section 5 of the Mines and Minerals Regulation No. 33/1994 prohibits the employment of persons under 18 years of age in a mine. 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 requests 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.

Article 4, paragraph 1. Determination of hazardous work. The Committee noted that the legislation does not determine the types of hazardous work pursuant to section 54(2) of the Labour Act, which prohibits the employment of a young person in an occupation approved by a labour officer as not being injurious to the moral or physical development of non-adults, and section 7 of the Families and Children Act, 1998, which prohibits the employment of children in any activity that may be detrimental to their health, education, mental, physical or moral development. The Committee drew the Government’s attention to Article 4, paragraph 1, of the Convention, according to which the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of Recommendation No. 190. This Paragraph indicates that, in determining the types of work referred to under Article 3(d) of the Convention, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, to temperatures, noise levels or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. Consequently, the Committee asks 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. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to inform it of developments in this regard.

Article 6. Programmes of action to eliminate the worst forms of child labour. 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 actions will be designed and implemented. Consequently, the Committee requests the Government to provide information on the elaboration of any programmes of action to eliminate the worst forms of child labour, and to indicate the measures adopted for the implementation of such programmes, in consultation with employers’ and workers’ organizations. In particular, it requests the Government to provide information on the analysis of the findings of the recent survey carried out with the assistance of IPEC/SIMPOC, namely “Child labour in Belize: A qualitative study” and “Child labour in Belize: A statistical report” and steps taken accordingly.

Article 7, paragraph 2. Time-bound and effective measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. According to section 106 of the Families and Children Act, the family court or a magistrates’ court may make a care order for the child who is believed to be in a situation of danger or suffering harm and needs to be removed immediately. The Committee requests the Government to provide information on the practical application of section 106 of the Families and Children Act. It also requests 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.

Clause (d). Identify and reach out to children at special risk. According to the Joint United Nations Programme on HIV/AIDS (UNAIDS), the high mobility of people among Central American countries increases vulnerability to HIV transmission. This particularly affects Belize, which has become an attractive country for neighbouring Honduran, Salvadorian and Guatemalan migrants. Belize now has a rapidly growing generalized epidemic. The study “Child labour in Belize: A statistical report”, IPEC/SIMPOC refers to the results of a study sponsored by UNICEF on commercial sex work which indicates that 30 per cent of children engaged in prostitution were aged 13–18. Moreover, the study of IPEC/SIMPOC indicates that children engaged in prostitution are at risk of contracting HIV/AIDS and sexually transmitted infections (STIs). The National AIDS Commission (NAC) is responsible for coordinating, implementing and monitoring the National Strategic Plan on HIV/AIDS. The Commission recently submitted a project proposal to “The Global Fund to fight against AIDS, tuberculosis and malaria”. One of the activities in this proposal calls for a census of commercial sex workers and their place of work, while another activity would focus on reducing the risk of HIV infection among vulnerable groups including prostitutes. The Committee asks 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.

Paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. According to section 4 of the Labour Act, it shall be the duty of the Labour Commissioner to ensure the due enforcement of this Act and of any enactments amending it and of any other Acts in Belize which he may from time to time be required to enforce; and also to collect, analyse and publish statistics and general information in respect of employment of women, children and young persons. Section 9 of the Act provides that the officers authorized to perform inspections shall ensure that the laws in force concerning conditions of employment and the protection of workers in their occupations are duly applied; give technical information and advice whenever necessary to employers and workers; indicate in their inspection reports any difficulties or abuses not specifically covered by existing laws; and shall visit centres of employment and institute inquiries and inspections as instructed by the Labour Commissioner. Finally, under the terms of section 10 of the Act, any labour officer may enter freely and without previous notice at any hour of the day or night any place where he believes that persons enjoying the protection of any law relating to employment are employed or accommodated; and inspect and carry out any examination or inquiry which he may consider necessary to satisfy himself that any law relating to employment is being strictly observed; and may interrogate the employer, staff or any worker on any matter concerning the application of any law relating to employment; require the production of any books, registers or other documents; enforce the posting of notices required by any law relating to employment; and to take or remove samples of materials or substances for the purpose of analysis. The Committee asks 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.

Moreover, the Committee noted the information provided by the Government in its second periodical report to the Committee on the Rights of the Child (CRC/C/65/Add.9, page 41) that, following the increasing reports on the sexual and labour exploitation of children within the Corozal commercial free zone, the Ministry of Labour placed a labour officer within the zone in order to monitor such problems in 2002. The Committee requests the Government to provide information on the outcome of the inspections and investigations carried out by the labour officer in the Corozal commercial free zone.

Parts IV and V of the report form. In its report, the Government indicated that, once the report of the survey entitled “Child labour in Belize: A qualitative study,” conducted in 2003 with the assistance of IPEC/SIMPOC will be presented, the true picture of the worst forms of child labour will be known, and hence the Government will be in a better position to adopt necessary measures to prohibit and eliminate the worst forms of child labour. The Committee noted that, according to the study entitled “Child labour in Belize: A qualitative study”, child labourers are found throughout the country with higher concentrations in rural agricultural communities and some urban centres. Most children work in commercial and subsistence agriculture, tourism and out-of-home domestic work. Some are forced into prostitution/sex tourism. There are children who are involved in the worst forms of child labour including hazardous work in commercial agriculture, sexual exploitation, work in the streets, and domestic work. The Committee also notes that according to the study “Child labour in Belize: A statistical report”, child prostitution exists throughout the country with a higher concentration in Orange Walk town, Stann Creek district and Belize City. But no adequate indications or statistics on the worst forms of child labour are available.

The Committee asks the Government to indicate the measures taken or envisaged to address the situation of children involved in the worst forms of child labour including those children involved in hazardous work in commercial agriculture, sexual exploitation, work in the streets and domestic work. The Committee also requests the Government to give a general appreciation of the manner in which the Convention is applied in Belize and any practical difficulties encountered in the application of the Convention, and also to supply copies or extracts from official documents including inspection reports, studies and inquiries and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions and penal sanctions applied. As far as possible such information and statistical data should include data disaggregated by sex, age group, occupation, branch of economic activity, status in employment, school attendance and geographical location.

CMNT_TITLE

The Committee notes with regret that for the third consecutive year the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. Under section 152(2)(f) of the Families and Children Act, 1998, the Minister may make regulations to prohibit the trafficking of children for prostitution or pornographic purposes. The Committee requests the Government to indicate if a regulation prohibiting the trafficking of children under 18 years of age for prostitution or pornographic purposes has been adopted, pursuant to section 152(2)(f) of the Families and Children Act. Moreover, the Committee requests the Government to indicate any measures taken to secure the prohibition of the sale and trafficking of children less than 18 years of age for labour exploitation.

2. Slavery or practices similar to slavery such as debt bondage, serfdom and forced or compulsory labour. The Committee noted that article 8 of the Constitution of Belize states that no person shall be held in slavery or servitude. It also noted that, by virtue of section 158(1) of the Labour Act, 2000, no person shall impose or permit the imposition of forced labour.

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 requests 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.

According to section 175 of the Labour Act, the provisions laid down under Part XV (Employment of women and children) are not applicable to the exercise of manual labour by any child detained under order of detention in a certified institution under the Certified Institutions (Children’s Reformation) Act, or in an orphanage, or by any child receiving instruction in manual labour in any school. By virtue of section 2 of the Labour Act, the expression “manual labour” includes work ordinarily performed by all labourers, mechanics, artisans, handicraftsmen, seamen, boatmen, transport workers and any other similar work associated therewith, but does not include clerical work or work performed by domestic servants. The Committee requests the Government to provide information on the practical application of section 175 of the Labour Act and any rules or regulations which prescribe conditions for authorized manual labour under this provision.

Clause (b). 1. Use, procuring or offering of a child for prostitution. Section 47 of the Criminal Code imposes penalties on any person who procures or attempts to procure: (a) any female to become, either within or outside Belize, a common prostitute; (b) any female to leave Belize with intent that she may become an inmate of, or frequent, a brothel; or (c) either within or outside Belize any female to leave her usual place of abode in Belize (such place not being a brothel), with intent that she may, for the purposes of prostitution, become an inmate of, or frequent, a brothel either within or outside Belize. The Committee observes that section 47 of the Criminal Code concerning prostitution only covers the cases where the child in question is a female. It therefore asks 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.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. According to section 327 of the Criminal Code, it is an offence to publish or offer for sale any obscene book, writing or representation. The Committee 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 requests 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 has been adopted, pursuant to section 152(2)(d) of the Families and Children Act.

Clause (c). Use, procuring or offering of a child for illicit activities. 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. It reminded the Government that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government to take necessary measures to prohibit the use, procuring or offering of a child for illicit activities, in particular for the trafficking of drugs as defined in the relevant international treaties, and sanctions envisaged.

Clause (d). Hazardous work. Section 54(1) and (2) of the Labour Act provides that a child (a person under the age of 14 years) shall not be capable of entering into a contract and a young person (a person who has attained the age of 14 years but is under 18 years) shall not be capable of entering into a contract except for employment in an occupation approved by a labour officer as not being injurious to the moral or physical development of non-adults. According to section 7 of the Families and Children Act, 1998, subject to the provisions of the Labour Act and the District Courts (Procedure) Act, no child (below 18 years) shall be employed or engaged in any activity that may be detrimental to his health, education, mental, physical or moral development. The Committee noted more specifically that section 161(1)(b) of the Labour Act prohibits the employment of persons under the age of 18 years in a public or private industrial undertaking during the night; section 167 of the Labour Act prohibits the employment of young persons on any vessel as a trimmer or stoker; and section 5 of the Mines and Minerals Regulation No. 33/1994 prohibits the employment of persons under 18 years of age in a mine. 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 requests 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.

Article 4, paragraph 1. Determination of hazardous work. The Committee noted that the legislation does not determine the types of hazardous work pursuant to section 54(2) of the Labour Act, which prohibits the employment of a young person in an occupation approved by a labour officer as not being injurious to the moral or physical development of non-adults, and section 7 of the Families and Children Act, 1998, which prohibits the employment of children in any activity that may be detrimental to their health, education, mental, physical or moral development. The Committee drew the Government’s attention to Article 4, paragraph 1, of the Convention, according to which the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of Recommendation No. 190. This Paragraph indicates that, in determining the types of work referred to under Article 3(d) of the Convention, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, to temperatures, noise levels or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. Consequently, the Committee asks 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. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to inform it of developments in this regard.

Article 6. Programmes of action to eliminate the worst forms of child labour. 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 actions will be designed and implemented. Consequently, the Committee requests the Government to provide information on the elaboration of any programmes of action to eliminate the worst forms of child labour, and to indicate the measures adopted for the implementation of such programmes, in consultation with employers’ and workers’ organizations. In particular, it requests the Government to provide information on the analysis of the findings of the recent survey carried out with the assistance of IPEC/SIMPOC, namely “Child labour in Belize: A qualitative study” and “Child labour in Belize: A statistical report” and steps taken accordingly.

Article 7, paragraph 2. Time-bound and effective measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. According to section 106 of the Families and Children Act, the family court or a magistrates’ court may make a care order for the child who is believed to be in a situation of danger or suffering harm and needs to be removed immediately. The Committee requests the Government to provide information on the practical application of section 106 of the Families and Children Act. It also requests 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.

Clause (d). Identify and reach out to children at special risk. According to the Joint United Nations Programme on HIV/AIDS (UNAIDS), the high mobility of people among Central American countries increases vulnerability to HIV transmission. This particularly affects Belize, which has become an attractive country for neighbouring Honduran, Salvadorian and Guatemalan migrants. Belize now has a rapidly growing generalized epidemic. The study “Child labour in Belize: A statistical report”, IPEC/SIMPOC refers to the results of a study sponsored by UNICEF on commercial sex work which indicates that 30 per cent of children engaged in prostitution were aged 13–18. Moreover, the study of IPEC/SIMPOC indicates that children engaged in prostitution are at risk of contracting HIV/AIDS and sexually transmitted infections (STIs). The National AIDS Commission (NAC) is responsible for coordinating, implementing and monitoring the National Strategic Plan on HIV/AIDS. The Commission recently submitted a project proposal to “The Global Fund to fight against AIDS, tuberculosis and malaria”. One of the activities in this proposal calls for a census of commercial sex workers and their place of work, while another activity would focus on reducing the risk of HIV infection among vulnerable groups including prostitutes. The Committee asks 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.

Paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. According to section 4 of the Labour Act, it shall be the duty of the Labour Commissioner to ensure the due enforcement of this Act and of any enactments amending it and of any other Acts in Belize which he may from time to time be required to enforce; and also to collect, analyse and publish statistics and general information in respect of employment of women, children and young persons. Section 9 of the Act provides that the officers authorized to perform inspections shall ensure that the laws in force concerning conditions of employment and the protection of workers in their occupations are duly applied; give technical information and advice whenever necessary to employers and workers; indicate in their inspection reports any difficulties or abuses not specifically covered by existing laws; and shall visit centres of employment and institute inquiries and inspections as instructed by the Labour Commissioner. Finally, under the terms of section 10 of the Act, any labour officer may enter freely and without previous notice at any hour of the day or night any place where he believes that persons enjoying the protection of any law relating to employment are employed or accommodated; and inspect and carry out any examination or inquiry which he may consider necessary to satisfy himself that any law relating to employment is being strictly observed; and may interrogate the employer, staff or any worker on any matter concerning the application of any law relating to employment; require the production of any books, registers or other documents; enforce the posting of notices required by any law relating to employment; and to take or remove samples of materials or substances for the purpose of analysis. The Committee asks 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.

Moreover, the Committee noted the information provided by the Government in its second periodical report to the Committee on the Rights of the Child (CRC/C/65/Add.9, page 41) that, following the increasing reports on the sexual and labour exploitation of children within the Corozal commercial free zone, the Ministry of Labour placed a labour officer within the zone in order to monitor such problems in 2002. The Committee requests the Government to provide information on the outcome of the inspections and investigations carried out by the labour officer in the Corozal commercial free zone.

Parts IV and V of the report form. In its report, the Government indicated that, once the report of the survey entitled “Child labour in Belize: A qualitative study,” conducted in 2003 with the assistance of IPEC/SIMPOC will be presented, the true picture of the worst forms of child labour will be known, and hence the Government will be in a better position to adopt necessary measures to prohibit and eliminate the worst forms of child labour. The Committee noted that, according to the study entitled “Child labour in Belize: A qualitative study”, child labourers are found throughout the country with higher concentrations in rural agricultural communities and some urban centres. Most children work in commercial and subsistence agriculture, tourism and out-of-home domestic work. Some are forced into prostitution/sex tourism. There are children who are involved in the worst forms of child labour including hazardous work in commercial agriculture, sexual exploitation, work in the streets, and domestic work. The Committee also notes that according to the study “Child labour in Belize: A statistical report”, child prostitution exists throughout the country with a higher concentration in Orange Walk town, Stann Creek district and Belize City. But no adequate indications or statistics on the worst forms of child labour are available.

The Committee asks the Government to indicate the measures taken or envisaged to address the situation of children involved in the worst forms of child labour including those children involved in hazardous work in commercial agriculture, sexual exploitation, work in the streets and domestic work. The Committee also requests the Government to give a general appreciation of the manner in which the Convention is applied in Belize and any practical difficulties encountered in the application of the Convention, and also to supply copies or extracts from official documents including inspection reports, studies and inquiries and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions and penal sanctions applied. As far as possible such information and statistical data should include data disaggregated by sex, age group, occupation, branch of economic activity, status in employment, school attendance and geographical location.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. Under section 152(2)(f) of the Families and Children Act, 1998, the Minister may make regulations to prohibit the trafficking of children for prostitution or pornographic purposes. The Committee requests the Government to indicate if a regulation prohibiting the trafficking of children under 18 years of age for prostitution or pornographic purposes has been adopted, pursuant to section 152(2)(f) of the Families and Children Act. Moreover, the Committee requests the Government to indicate any measures taken to secure the prohibition of the sale and trafficking of children less than 18 years of age for labour exploitation.

2. Slavery or practices similar to slavery such as debt bondage, serfdom and forced or compulsory labour. The Committee notes that article 8 of the Constitution of Belize states that no person shall be held in slavery or servitude. It also notes that, by virtue of section 158(1) of the Labour Act, 2000, no person shall impose or permit the imposition of forced labour.

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 requests 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.

According to section 175 of the Labour Act, the provisions laid down under Part XV (Employment of women and children) are not applicable to the exercise of manual labour by any child detained under order of detention in a certified institution under the Certified Institutions (Children’s Reformation) Act, or in an orphanage, or by any child receiving instruction in manual labour in any school. By virtue of section 2 of the Labour Act, the expression “manual labour” includes work ordinarily performed by all labourers, mechanics, artisans, handicraftsmen, seamen, boatmen, transport workers and any other similar work associated therewith, but does not include clerical work or work performed by domestic servants. The Committee requests the Government to provide information on the practical application of section 175 of the Labour Act and any rules or regulations which prescribe conditions for authorized manual labour under this provision.

Clause (b). 1. Use, procuring or offering of a child for prostitution. Section 47 of the Criminal Code imposes penalties on any person who procures or attempts to procure: (a) any female to become, either within or outside Belize, a common prostitute; (b) any female to leave Belize with intent that she may become an inmate of, or frequent, a brothel; or (c) either within or outside Belize any female to leave her usual place of abode in Belize (such place not being a brothel), with intent that she may, for the purposes of prostitution, become an inmate of, or frequent, a brothel either within or outside Belize. The Committee observes that section 47 of the Criminal Code concerning prostitution only covers the cases where the child in question is a female. It therefore asks 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.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. According to section 327 of the Criminal Code, it is an offence to publish or offer for sale any obscene book, writing or representation. The Committee observes that the Criminal Code does not specifically establish offences related to pornography or pornographic performances by a child under 18. It notes, however, that section 152(2)(d) of the Families and Children Act, 1998, empowers the Minister to make regulations on child pornography. The Committee requests 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 has been adopted, pursuant to section 152(2)(d) of the Families and Children Act.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee observes 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. It reminds the Government that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government to take necessary measures to prohibit the use, procuring or offering of a child for illicit activities, in particular for the trafficking of drugs as defined in the relevant international treaties, and sanctions envisaged.

Clause (d). Hazardous work. Section 54(1) and (2) of the Labour Act provides that a child (a person under the age of 14 years) shall not be capable of entering into a contract and a young person (a person who has attained the age of 14 years but is under 18 years) shall not be capable of entering into a contract except for employment in an occupation approved by a labour officer as not being injurious to the moral or physical development of non-adults. According to section 7 of the Families and Children Act, 1998, subject to the provisions of the Labour Act and the District Courts (Procedure) Act, no child (below 18 years) shall be employed or engaged in any activity that may be detrimental to his health, education, mental, physical or moral development. The Committee notes more specifically that section 161(1)(b) of the Labour Act prohibits the employment of persons under the age of 18 years in a public or private industrial undertaking during the night; section 167 of the Labour Act prohibits the employment of young persons on any vessel as a trimmer or stoker; and section 5 of the Mines and Minerals Regulation No. 33/1994 prohibits the employment of persons under 18 years of age in a mine. The Committee observes 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 requests 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.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that the legislation does not determine the types of hazardous work pursuant to section 54(2) of the Labour Act, which prohibits the employment of a young person in an occupation approved by a labour officer as not being injurious to the moral or physical development of non-adults, and section 7 of the Families and Children Act, 1998, which prohibits the employment of children in any activity that may be detrimental to their health, education, mental, physical or moral development. The Committee draws the Government’s attention to Article 4, paragraph 1, of the Convention, according to which the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of Recommendation No. 190. This Paragraph indicates that, in determining the types of work referred to under Article 3(d) of the Convention, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, to temperatures, noise levels or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. Consequently, the Committee asks 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. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to inform it of developments in this regard.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes 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 actions will be designed and implemented. Consequently, the Committee requests the Government to provide information on the elaboration of any programmes of action to eliminate the worst forms of child labour, and to indicate the measures adopted for the implementation of such programmes, in consultation with employers’ and workers’ organizations. In particular, it requests the Government to provide information on the analysis of the findings of the recent survey carried out with the assistance of IPEC/SIMPOC, namely “Child labour in Belize: A qualitative study” and “Child labour in Belize: A statistical report” and steps taken accordingly.

Article 7, paragraph 2. Time-bound and effective measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. According to section 106 of the Families and Children Act, the family court or a magistrates’ court may make a care order for the child who is believed to be in a situation of danger or suffering harm and needs to be removed immediately. The Committee requests the Government to provide information on the practical application of section 106 of the Families and Children Act. It also requests 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.

Clause (d). Identify and reach out to children at special risk. According to the Joint United Nations Programme on HIV/AIDS (UNAIDS), the high mobility of people among Central American countries increases vulnerability to HIV transmission. This particularly affects Belize, which has become an attractive country for neighbouring Honduran, Salvadorian and Guatemalan migrants. Belize now has a rapidly growing generalized epidemic. The study “Child labour in Belize: A statistical report”, IPEC/SIMPOC refers to the results of a study sponsored by UNICEF on commercial sex work which indicates that 30 per cent of children engaged in prostitution were aged 13 to 18. Moreover, the study of IPEC/SIMPOC indicates that children engaged in prostitution are at risk of contracting HIV/AIDS and sexually transmitted infections (STIs). The National AIDS Commission (NAC) is responsible for coordinating, implementing and monitoring the National Strategic Plan on HIV/AIDS. The Commission recently submitted a project proposal to “The Global Fund to fight against AIDS, tuberculosis and malaria”. One of the activities in this proposal calls for a census of commercial sex workers and their place of work, while another activity would focus on reducing the risk of HIV infection among vulnerable groups including prostitutes. The Committee asks 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.

Paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. According to section 4 of the Labour Act, it shall be the duty of the Labour Commissioner to ensure the due enforcement of this Act and of any enactments amending it and of any other Acts in Belize which he may from time to time be required to enforce; and also to collect, analyse and publish statistics and general information in respect of employment of women, children and young persons. Section 9 of the Act provides that the officers authorized to perform inspections shall ensure that the laws in force concerning conditions of employment and the protection of workers in their occupations are duly applied; give technical information and advice whenever necessary to employers and workers; indicate in their inspection reports any difficulties or abuses not specifically covered by existing laws; and shall visit centres of employment and institute inquiries and inspections as instructed by the Labour Commissioner. Finally, under the terms of section 10 of the Act, any labour officer may enter freely and without previous notice at any hour of the day or night any place where he believes that persons enjoying the protection of any law relating to employment are employed or accommodated; and inspect and carry out any examination or inquiry which he may consider necessary to satisfy himself that any law relating to employment is being strictly observed; and may interrogate the employer, staff or any worker on any matter concerning the application of any law relating to employment; require the production of any books, registers or other documents; enforce the posting of notices required by any law relating to employment; and to take or remove samples of materials or substances for the purpose of analysis. The Committee asks 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.

Moreover, the Committee notes the information provided by the Government in its second periodical report to the Committee on the Rights of the Child (CRC/C/65/Add.9, page 41) that, following the increasing reports on the sexual and labour exploitation of children within the Corozal commercial free zone, the Ministry of Labour placed a labour officer within the zone in order to monitor such problems in 2002. The Committee requests the Government to provide information on the outcome of the inspections and investigations carried out by the labour officer in the Corozal commercial free zone.

Parts IV and V of the report form. In its report, the Government indicates that, once the report of the survey entitled “Child labour in Belize: A qualitative study,” conducted in 2003 with the assistance of IPEC/SIMPOC will be presented, the true picture of the worst forms of child labour will be known, and hence the Government will be in a better position to adopt necessary measures to prohibit and eliminate the worst forms of child labour. The Committee notes that, according to the study entitled “Child labour in Belize: A qualitative study”, child labourers are found throughout the country with higher concentrations in rural agricultural communities and some urban centres. Most children work in commercial and subsistence agriculture, tourism and out-of-home domestic work. Some are forced into prostitution/sex tourism. There are children who are involved in the worst forms of child labour including hazardous work in commercial agriculture, sexual exploitation, work in the streets, and domestic work. The Committee also notes that according to the study “Child labour in Belize: A statistical report”, child prostitution exists throughout the country with a higher concentration in Orange Walk town, Stann Creek district and Belize City. But no adequate indications or statistics on the worst forms of child labour are available.

The Committee asks the Government to indicate the measures taken or envisaged to address the situation of children involved in the worst forms of child labour including those children involved in hazardous work in commercial agriculture, sexual exploitation, work in the streets and domestic work. The Committee also requests the Government to give a general appreciation of the manner in which the Convention is applied in Belize and any practical difficulties encountered in the application of the Convention, and also to supply copies or extracts from official documents including inspection reports, studies and inquiries and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions and penal sanctions applied. As far as possible such information and statistical data should include data disaggregated by sex, age group, occupation, branch of economic activity, status in employment, school attendance and geographical location.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. Under section 152(2)(f) of the Families and Children Act, 1998, the Minister may make regulations to prohibit the trafficking of children for prostitution or pornographic purposes. The Committee requests the Government to indicate if a regulation prohibiting the trafficking of children under 18 years of age for prostitution or pornographic purposes has been adopted, pursuant to section 152(2)(f) of the Families and Children Act. Moreover, the Committee requests the Government to indicate any measures taken to secure the prohibition of the sale and trafficking of children less than 18 years of age for labour exploitation.

2. Slavery or practices similar to slavery such as debt bondage, serfdom and forced or compulsory labour. The Committee notes that article 8 of the Constitution of Belize states that no person shall be held in slavery or servitude. It also notes that, by virtue of section 158(1) of the Labour Act, 2000, no person shall impose or permit the imposition of forced labour.

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 request 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.

According to section 175 of the Labour Act, the provisions laid down under Part XV (Employment of women and children) are not applicable to the exercise of manual labour by any child detained under order of detention in a certified institution under the Certified Institutions (Children’s Reformation) Act, or in an orphanage, or by any child receiving instruction in manual labour in any school. By virtue of section 2 of the Labour Act, the expression "manual labour" includes work ordinarily performed by all labourers, mechanics, artisans, handicraftsmen, seamen, boatmen, transport workers and any other similar work associated therewith, but does not include clerical work or work performed by domestic servants. The Committee requests the Government to provide detailed information on the practical application of section 175 of the Labour Act and any rules or regulations which prescribe conditions for authorized manual labour under this provision.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that, according to section 16(2) of Defence Act No. 8 of 1977, a recruiting officer shall not enlist a person under the age of 18 years in the regular force. It also notes that, by virtue of sections 116 and 130 of the Defence Act, the volunteer element of the force and the reserve shall be composed of officers or former soldiers of the regular service, and that such enlistment is similarly unavailable to persons under the age of 18 years.

Clause (b). 1. Use, procuring or offering of a child for prostitution. Section 47 of the Criminal Code imposes penalties on any person who procures or attempts to procure: (a) any female to become, either within or outside Belize, a common prostitute; (b) any female to leave Belize with intent that she may become an inmate of, or frequent, a brothel; or (c) either within or outside Belize any female to leave her usual place of abode in Belize (such place not being a brothel), with intent that she may, for the purposes of prostitution, become an inmate of, or frequent, a brothel either within or outside Belize. The Committee observes that section 47 of the Criminal Code concerning prostitution only covers the cases where the child in question is a female. It therefore asks 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.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. According to section 327 of the Criminal Code, it is an offence to publish or offer for sale any obscene book, writing or representation. The Committee observes that the Criminal Code does not specifically establish offences related to pornography or pornographic performances by a child under 18. It notes, however, that section 152(2)(d) of the Families and Children Act, 1998, empowers the Minister to make regulations on child pornography. The Committee requests 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 has been adopted, pursuant to section 152(2)(d) of the Families and Children Act.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee observes 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. It reminds the Government that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government to take necessary measures to prohibit the use, procuring or offering of a child for illicit activities, in particular for the trafficking of drugs as defined in the relevant international treaties, and sanctions envisaged.

Clause (d). Hazardous work. Section 54(1) and (2) of the Labour Act provides that a child (a person under the age of 14 years) shall not be capable of entering into a contract and a young person (a person who has attained the age of 14 years but is under 18 years) shall not be capable of entering into a contract except for employment in an occupation approved by a labour officer as not being injurious to the moral or physical development of non-adults. According to section 7 of the Families and Children Act, 1998, subject to the provisions of the Labour Act and the District Courts (Procedure) Act, no child (below 18 years) shall be employed or engaged in any activity that may be detrimental to his health, education, mental, physical or moral development. The Committee notes more specifically that section 161(1)(b) of the Labour Act prohibits the employment of persons under the age of 18 years in a public or private industrial undertaking during the night; section 167 of the Labour Act prohibits the employment of young persons on any vessel as a trimmer or stoker; and section 5 of the Mines and Minerals Regulation No. 33/1994 prohibits the employment of persons under 18 years of age in a mine. The Committee observes 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 requests 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.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that the legislation does not determine the types of hazardous work pursuant to section 54(2) of the Labour Act, which prohibits the employment of a young person in an occupation approved by a labour officer as not being injurious to the moral or physical development of non-adults, and section 7 of the Families and Children Act, 1998, which prohibits the employment of children in any activity that may be detrimental to their health, education, mental, physical or moral development. The Committee draws the Government’s attention to Article 4, paragraph 1, of the Convention, according to which the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of Recommendation No. 190. This Paragraph indicates that, in determining the types of work referred to under Article 3(d) of the Convention, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, to temperatures, noise levels or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. Consequently, the Committee asks 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. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to inform it of developments in this regard.

Paragraph 2. Identification of hazardous work. The Committee notes that the Government has provided no information with regard to this paragraph. It draws the Government’s attention to Article 4, paragraph 2, of the Convention according to which the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work determined as hazardous exist. The Committee requests the Government to provide information on the measures taken to identify where the types of work so determined exist.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. In its report, the Government states that there are no mechanisms established to monitor implementation of the provisions of the Convention. The Committee requests the Government to indicate the steps taken to develop or designate appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention, and the consultations which have been held with the employers’ and workers’ organizations, on such mechanisms.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes 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 actions will be designed and implemented. Consequently, the Committee requests the Government to provide information on the elaboration of any programmes of action to eliminate the worst forms of child labour, and to indicate the measures adopted for the implementation of such programmes, in consultation with employers’ and workers’ organizations. In particular, it requests the Government to provide information on the analysis of the findings of the recent survey carried out with the assistance of IPEC/SIMPOC, namely "Child labour in Belize: A qualitative study" and "Child labour in Belize: A statistical report" and steps taken accordingly.

Article 7, paragraph 1. Penalties. The Committee notes that section 158(3) of the Labour Act stipulates that any person who imposes or permits the imposition of forced labour is guilty of an offence, and is liable, by virtue of section 199 of the same Act, to a fine not exceeding $250 or to a period of imprisonment not exceeding six months. Section 47 of the Criminal Code provides for a penalty of imprisonment of five years for any person who procures or attempts to procure a female for prostitution. According to section 152(3) of the Families and Children Act, regulations made under subsection (1) of section 152 (regulating child pornography; providing for the prevention of the use of illicit drugs and also for the rehabilitation of children; prohibiting the trafficking of children for prostitution or pornographic purposes) may prescribe in relation to any contravention of the regulations a penalty not exceeding $5,000 (approximately US$2,538) or two years’ imprisonment or both and may provide additional penalties for a repeated offence. Section 17(2) of the Labour Act sets out the penalties for the violations with regard to the employment of children contained in Part XV. Section 17(2) states that, if any person employs a child or young person in contravention of this Part or any regulation or Order made thereunder, he commits an offence and is liable on summary conviction to a fine not exceeding $20 (approximately US$10.2) or to imprisonment for a term not exceeding two months and, in the case of a second or subsequent offence to a fine of $50 (US$25.5) or to imprisonment for a term not exceeding four months. The Committee requests the Government to provide information on the practical application of the penalties laid down in the relevant national provisions.

Paragraph 2. Time-bound and effective measures. Clauses (a) and (c). Prevent the engagement of children in the worst forms of child labour and access to free basic education. The Committee notes that education in Belize is compulsory between the ages of 5 and 14 years. Sections 31 and 32 of the Education Act, 1991, require the parent of every child of compulsory school age who has not yet completed primary school to cause the child to receive suitable education either by regular attendance at school or otherwise, and it is the responsibility of the Chief Education Officer to ensure that the parents comply with this provision. Education in the primary level is free in that students are not required to pay tuition but may be required to supply their own school supplies and pay special fees (for example, library and computer fees). Students at the secondary level also do not pay tuition but are required to purchase books, supplies and pay special fees. In particular, access to primary, secondary and tertiary education is facilitated by the Ministry of Education through scholarship programmes.

The Committee notes that, according to the study entitled "Child labour and education in Belize - A situational assessment and in-depth analysis", in 2000-01 the Ministry awarded 2,400 tuition grants, book awards, bursaries and financial assistance to primary and secondary school students. In addition to formal education, six 12 month programmes are offered to children less than 18 years through the National 4-H Centre and the Youth Development Training Centre. Both the centres offer vocational and technical training with an emphasis on agriculture. The National Apprenticeship Programme was reintroduced by the Government in 1998 to assist youths between 14 and 18 years of age with finance and with training in tailoring, seamstressing, catering, mechanics, cabinet making, welding, body works, carpentry, masonry, etc. A Vocational Technical Training Unit (VTTU) was established in Belize in 1986 to address the demand for opportunities of skills training for the out-of-school population to meet the requirements of the labour market (Ministry of Education 1994). In 1994, there were nine government vocational/technical high schools. In 1992, the concept of the Centre for Employment Training (CET) started in Belize and catered for children who could not enter or dropped out of high school. These centres have expanded in recent years to the various districts and now are located in all districts except Orange Walk and Stann Creek, which intends to have such centres by 2003.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. According to section 106 of the Families and Children Act, the family court or a magistrates’ court may make a care order for the child who is believed to be in a situation of danger or suffering harm and needs to be removed immediately. The Committee requests the Government to provide information on the practical application of section 106 of the Families and Children Act. It also requests 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.

Clause (d). Identify and reach out to children at special risk. According to the Joint United Nations Programme on HIV/AIDS (UNAIDS), the high mobility of people among Central American countries increases vulnerability to HIV transmission. This particularly affects Belize, which has become an attractive country for neighbouring Honduran, Salvadorian and Guatemalan migrants. Belize now has a rapidly growing generalized epidemic. The study "Child labour in Belize: A statistical report", IPEC/SIMPOC refers to the results of a study sponsored by UNICEF on commercial sex work which indicates that 30 per cent of children engaged in prostitution were aged 13 to 18. Moreover, the study of IPEC/SIMPOC indicates that children engaged in prostitution are at risk of contracting HIV/AIDS and sexually transmitted infections (STIs). The National AIDS Commission (NAC) is responsible for coordinating, implementing and monitoring the National Strategic Plan on HIV/AIDS. The Commission recently submitted a project proposal to "The Global Fund to fight against AIDS, tuberculosis and malaria". One of the activities in this proposal calls for a census of commercial sex workers and their place of work, while another activity would focus on reducing the risk of HIV infection among vulnerable groups including prostitutes. The Committee asks 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.

Clause (e). Take account of the special situation of girls. In it second periodic report to the Committee on the Rights of the Child in 2002 (CRC/C/65/Add.29, page 61), the Government indicated that the Youth Enhancement Service (YES) and the World Young Women’s Christian Association (YWCA) provide employment training specifically for girls who are early school leavers or otherwise "at risk" and actively promotes their study of non-traditional trades. Though the certification obtained by participation in these agencies is not as widely recognized and accepted as in the Centre for Employment Training (CET), the primary concern is to return to education young females who have in some way failed through the formal education system.

Paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. According to section 4 of the Labour Act, it shall be the duty of the Labour Commissioner to ensure the due enforcement of this Act and of any enactments amending it and of any other Acts in Belize which he may from time to time be required to enforce; and also to collect, analyse and publish statistics and general information in respect of employment of women, children and young persons. Section 9 of the Act provides that the officers authorized to perform inspections shall ensure that the laws in force concerning conditions of employment and the protection of workers in their occupations are duly applied; give technical information and advice whenever necessary to employers and workers; indicate in their inspection reports any difficulties or abuses not specifically covered by existing laws; and shall visit centres of employment and institute inquiries and inspections as instructed by the Labour Commissioner. Finally, under the terms of section 10 of the Act, any labour officer may enter freely and without previous notice at any hour of the day or night any place where he believes that persons enjoying the protection of any law relating to employment are employed or accommodated; and inspect and carry out any examination or inquiry which he may consider necessary to satisfy himself that any law relating to employment is being strictly observed; and may interrogate the employer, staff or any worker on any matter concerning the application of any law relating to employment; require the production of any books, registers or other documents; enforce the posting of notices required by any law relating to employment; and to take or remove samples of materials or substances for the purpose of analysis. The Committee asks 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.

Moreover, the Committee notes the information provided by the Government in its second periodical report to the Committee on the Rights of the Child (CRC/C/65/Add.9, page 41) that, following the increasing reports on the sexual and labour exploitation of children within the Corozal commercial free zone, the Ministry of Labour placed a labour officer within the zone in order to monitor such problems in 2002. The Committee requests the Government to provide information on the outcome of the inspections and investigations carried out by the labour officer in the Corozal commercial free zone.

Article 8. International cooperation and/or assistance. According to the information available at the Office, the Government received and continues to receive the cooperation and support of a number of external bilateral and multilateral agencies in the development of its education system. The World Bank assisted the country in its Primary Education Development Programme, and USAID has assisted in initiating the Training for Employment and Productivity Project, which also receives the continuing assistance of the Government of Mexico. The Governments of Canada and the United Kingdom provide scholarships and other assistance to students. Furthermore, the Committee notes that Belize is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. The Committee asks the Government to supply in its future reports any relevant information on international cooperation and/or assistance received to tackle the worst forms of child labour, including support for social and economic development, poverty eradication programmes and universal education.

Parts IV and V of the report form. In its report, the Government indicates that, once the report of the survey entitled "Child labour in Belize: A qualitative study," conducted in 2003 with the assistance of IPEC/SIMPOC will be presented, the true picture of the worst forms of child labour will be known, and hence the Government will be in a better position to adopt necessary measures to prohibit and eliminate the worst forms of child labour. The Committee notes that, according to the study entitled "Child labour in Belize: A qualitative study", child labourers are found throughout the country with higher concentrations in rural agricultural communities and some urban centres. Most children work in commercial and subsistence agriculture, tourism and out-of-home domestic work. Some are forced into prostitution/sex tourism. There are children who are involved in the worst forms of child labour including hazardous work in commercial agriculture, sexual exploitation, work in the streets, and domestic work. The Committee also notes that according to the study "Child labour in Belize: A statistical report", child prostitution exists throughout the country with a higher concentration in Orange Walk town, Stann Creek district and Belize City. But no adequate indications or statistics on the worst forms of child labour are available.

The Committee asks the Government to indicate the measures taken or envisaged to address the situation of children involved in the worst forms of child labour including those children involved in hazardous work in commercial agriculture, sexual exploitation, work in the streets and domestic work. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in Belize and any practical difficulties encountered in the application of the Convention, and also to supply copies or extracts from official documents including inspection reports, studies and inquiries and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions and penal sanctions applied. As far as possible such information and statistical data should include data disaggregated by sex, age group, occupation, branch of economic activity, status in employment, school attendance and geographical location.

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The Committee notes the Government’s first report and requests it to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1.  Sale and trafficking of children. Under section 152(2)(f) of the Families and Children Act, 1998, the Minister may make regulations to prohibit the trafficking of children for prostitution or pornographic purposes. The Committee requests the Government to indicate if a regulation prohibiting the trafficking of children under 18 years of age for prostitution or pornographic purposes has been adopted, pursuant to section 152(2)(f) of the Families and Children Act. Moreover, the Committee requests the Government to indicate any measures taken to secure the prohibition of the sale and trafficking of children less than 18 years of age for labour exploitation.

2. Slavery or practices similar to slavery such as debt bondage, serfdom and forced or compulsory labour. The Committee notes that article 8 of the Constitution of Belize states that no person shall be held in slavery or servitude. It also notes that, by virtue of section 158(1) of the Labour Act, 2000, no person shall impose or permit the imposition of forced labour.

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 request 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.

According to section 175 of the Labour Act, the provisions laid down under Part XV (Employment of women and children) are not applicable to the exercise of manual labour by any child detained under order of detention in a certified institution under the Certified Institutions (Children’s Reformation) Act, or in an orphanage, or by any child receiving instruction in manual labour in any school. By virtue of section 2 of the Labour Act, the expression "manual labour" includes work ordinarily performed by all labourers, mechanics, artisans, handicraftsmen, seamen, boatmen, transport workers and any other similar work associated therewith, but does not include clerical work or work performed by domestic servants. The Committee requests the Government to provide detailed information on the practical application of section 175 of the Labour Act and any rules or regulations which prescribe conditions for authorized manual labour under this provision.

3. Compulsory recruitment of children for use in armed conflict. The Committee notes that, according to section 16(2) of Defence Act No. 8 of 1977, a recruiting officer shall not enlist a person under the age of 18 years in the regular force. It also notes that, by virtue of sections 116 and 130 of the Defence Act, the volunteer element of the force and the reserve shall be composed of officers or former soldiers of the regular service, and that such enlistment is similarly unavailable to persons under the age of 18 years.

Clause (b). 1. Use, procuring or offering of a child for prostitution. Section 47 of the Criminal Code imposes penalties on any person who procures or attempts to procure: (a) any female to become, either within or outside Belize, a common prostitute; (b) any female to leave Belize with intent that she may become an inmate of, or frequent, a brothel; or (c) either within or outside Belize any female to leave her usual place of abode in Belize (such place not being a brothel), with intent that she may, for the purposes of prostitution, become an inmate of, or frequent, a brothel either within or outside Belize. The Committee observes that section 47 of the Criminal Code concerning prostitution only covers the cases where the child in question is a female. It therefore asks 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.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. According to section 327 of the Criminal Code, it is an offence to publish or offer for sale any obscene book, writing or representation. The Committee observes that the Criminal Code does not specifically establish offences related to pornography or pornographic performances by a child under 18. It notes, however, that section 152(2)(d) of the Families and Children Act, 1998, empowers the Minister to make regulations on child pornography. The Committee requests 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 has been adopted, pursuant to section 152(2)(d) of the Families and Children Act.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee observes 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. It reminds the Government that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government to take necessary measures to prohibit the use, procuring or offering of a child for illicit activities, in particular for the trafficking of drugs as defined in the relevant international treaties, and sanctions envisaged.

Clause (d). Hazardous work. Section 54(1) and (2) of the Labour Act provides that a child (a person under the age of 14 years) shall not be capable of entering into a contract and a young person (a person who has attained the age of 14 years but is under 18 years) shall not be capable of entering into a contract except for employment in an occupation approved by a labour officer as not being injurious to the moral or physical development of non-adults. According to section 7 of the Families and Children Act, 1998, subject to the provisions of the Labour Act and the District Courts (Procedure) Act, no child (below 18 years) shall be employed or engaged in any activity that may be detrimental to his health, education, mental, physical or moral development. The Committee notes more specifically that section 161(1)(b) of the Labour Act prohibits the employment of persons under the age of 18 years in a public or private industrial undertaking during the night; section 167 of the Labour Act prohibits the employment of young persons on any vessel as a trimmer or stoker; and section 5 of the Mines and Minerals Regulation No. 33/1994 prohibits the employment of persons under 18 years of age in a mine. The Committee observes 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 requests 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.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that the legislation does not determine the types of hazardous work pursuant to section 54(2) of the Labour Act, which prohibits the employment of a young person in an occupation approved by a labour officer as not being injurious to the moral or physical development of non-adults, and section 7 of the Families and Children Act, 1998, which prohibits the employment of children in any activity that may be detrimental to their health, education, mental, physical or moral development. The Committee draws the Government’s attention to Article 4, paragraph 1, of the Convention, according to which the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of Recommendation No. 190. This Paragraph indicates that, in determining the types of work referred to under Article 3(d) of the Convention, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, to temperatures, noise levels or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. Consequently, the Committee asks 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. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to inform it of developments in this regard.

Paragraph 2. Identification of hazardous work. The Committee notes that the Government has provided no information with regard to this paragraph. It draws the Government’s attention to Article 4, paragraph 2, of the Convention according to which the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work determined as hazardous exist. The Committee requests the Government to provide information on the measures taken to identify where the types of work so determined exist.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. In its report, the Government states that there are no mechanisms established to monitor implementation of the provisions of the Convention. The Committee requests the Government to indicate the steps taken to develop or designate appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention, and the consultations which have been held with the employers’ and workers’ organizations, on such mechanisms.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes 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 actions will be designed and implemented. Consequently, the Committee requests the Government to provide information on the elaboration of any programmes of action to eliminate the worst forms of child labour, and to indicate the measures adopted for the implementation of such programmes, in consultation with employers’ and workers’ organizations. In particular, it requests the Government to provide information on the analysis of the findings of the recent survey carried out with the assistance of IPEC/SIMPOC, namely "Child labour in Belize: A qualitative study" and "Child labour in Belize: A statistical report" and steps taken accordingly.

Article 7, paragraph 1. Penalties. The Committee notes that section 158(3) of the Labour Act stipulates that any person who imposes or permits the imposition of forced labour is guilty of an offence, and is liable, by virtue of section 199 of the same Act, to a fine not exceeding $250 or to a period of imprisonment not exceeding six months. Section 47 of the Criminal Code provides for a penalty of imprisonment of five years for any person who procures or attempts to procure a female for prostitution. According to section 152(3) of the Families and Children Act, regulations made under subsection (1) of section 152 (regulating child pornography; providing for the prevention of the use of illicit drugs and also for the rehabilitation of children; prohibiting the trafficking of children for prostitution or pornographic purposes) may prescribe in relation to any contravention of the regulations a penalty not exceeding $5,000 (approximately US$2,538) or two years’ imprisonment or both and may provide additional penalties for a repeated offence. Section 17(2) of the Labour Act sets out the penalties for the violations with regard to the employment of children contained in Part XV. Section 17(2) states that, if any person employs a child or young person in contravention of this Part or any regulation or Order made thereunder, he commits an offence and is liable on summary conviction to a fine not exceeding $20 (approximately US$10.2) or to imprisonment for a term not exceeding two months and, in the case of a second or subsequent offence to a fine of $50 (US$25.5) or to imprisonment for a term not exceeding four months. The Committee requests the Government to provide information on the practical application of the penalties laid down in the relevant national provisions.

Paragraph 2. Time-bound and effective measures. Clauses (a) and (c). Prevent the engagement of children in the worst forms of child labour and access to free basic education. The Committee notes that education in Belize is compulsory between the ages of 5 and 14 years. Sections 31 and 32 of the Education Act, 1991, require the parent of every child of compulsory school age who has not yet completed primary school to cause the child to receive suitable education either by regular attendance at school or otherwise, and it is the responsibility of the Chief Education Officer to ensure that the parents comply with this provision. Education in the primary level is free in that students are not required to pay tuition but may be required to supply their own school supplies and pay special fees (for example, library and computer fees). Students at the secondary level also do not pay tuition but are required to purchase books, supplies and pay special fees. In particular, access to primary, secondary and tertiary education is facilitated by the Ministry of Education through scholarship programmes.

The Committee notes that, according to the study entitled "Child labour and education in Belize - A situational assessment and in-depth analysis", in 2000-01 the Ministry awarded 2,400 tuition grants, book awards, bursaries and financial assistance to primary and secondary school students. In addition to formal education, six-12 month programmes are offered to children less than 18 years through the National 4-H Centre and the Youth Development Training Centre. Both the centres offer vocational and technical training with an emphasis on agriculture. The National Apprenticeship Programme was reintroduced by the Government in 1998 to assist youths between 14 and 18 years of age with finance and with training in tailoring, seamstressing, catering, mechanics, cabinet making, welding, body works, carpentry, masonry, etc. A Vocational Technical Training Unit (VTTU) was established in Belize in 1986 to address the demand for opportunities of skills training for the out-of-school population to meet the requirements of the labour market (Ministry of Education 1994). In 1994, there were nine government vocational/technical high schools. In 1992, the concept of the Centre for Employment Training (CET) started in Belize and catered for children who could not enter or dropped out of high school. These centres have expanded in recent years to the various districts and now are located in all districts except Orange Walk and Stann Creek, which intends to have such centres by 2003.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. According to section 106 of the Families and Children Act, the family court or a magistrates’ court may make a care order for the child who is believed to be in a situation of danger or suffering harm and needs to be removed immediately. The Committee requests the Government to provide information on the practical application of section 106 of the Families and Children Act. It also requests 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.

Clause (d). Identify and reach out to children at special risk. According to the Joint United Nations Programme on HIV/AIDS (UNAIDS), the high mobility of people among Central American countries increases vulnerability to HIV transmission. This particularly affects Belize, which has become an attractive country for neighbouring Honduran, Salvadorian and Guatemalan migrants. Belize now has a rapidly growing generalized epidemic. The study "Child labour in Belize: A statistical report", IPEC/SIMPOC refers to the results of a study sponsored by UNICEF on commercial sex work which indicates that 30 per cent of children engaged in prostitution were aged 13 to 18. Moreover, the study of IPEC/SIMPOC indicates that children engaged in prostitution are at risk of contracting HIV/AIDS and sexually transmitted infections (STIs). The National AIDS Commission (NAC) is responsible for coordinating, implementing and monitoring the National Strategic Plan on HIV/AIDS. The Commission recently submitted a project proposal to "The Global Fund to fight against AIDS, tuberculosis and malaria". One of the activities in this proposal calls for a census of commercial sex workers and their place of work, while another activity would focus on reducing the risk of HIV infection among vulnerable groups including prostitutes. The Committee asks 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.

Clause (e). Take account of the special situation of girls. In it second periodic report to the Committee on the Rights of the Child in 2002 (CRC/C/65/Add.29, page 61), the Government indicated that the Youth Enhancement Service (YES) and the World Young Women’s Christian Association (YWCA) provide employment training specifically for girls who are early school leavers or otherwise "at risk" and actively promotes their study of non-traditional trades. Though the certification obtained by participation in these agencies is not as widely recognized and accepted as in the Centre for Employment Training (CET), the primary concern is to return to education young females who have in some way failed through the formal education system.

Paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. According to section 4 of the Labour Act, it shall be the duty of the Labour Commissioner to ensure the due enforcement of this Act and of any enactments amending it and of any other Acts in Belize which he may from time to time be required to enforce; and also to collect, analyse and publish statistics and general information in respect of employment of women, children and young persons. Section 9 of the Act provides that the officers authorized to perform inspections shall ensure that the laws in force concerning conditions of employment and the protection of workers in their occupations are duly applied; give technical information and advice whenever necessary to employers and workers; indicate in their inspection reports any difficulties or abuses not specifically covered by existing laws; and shall visit centres of employment and institute inquiries and inspections as instructed by the Labour Commissioner. Finally, under the terms of section 10 of the Act, any labour officer may enter freely and without previous notice at any hour of the day or night any place where he believes that persons enjoying the protection of any law relating to employment are employed or accommodated; and inspect and carry out any examination or inquiry which he may consider necessary to satisfy himself that any law relating to employment is being strictly observed; and may interrogate the employer, staff or any worker on any matter concerning the application of any law relating to employment; require the production of any books, registers or other documents; enforce the posting of notices required by any law relating to employment; and to take or remove samples of materials or substances for the purpose of analysis. The Committee asks 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.

Moreover, the Committee notes the information provided by the Government in its second periodical report to the Committee on the Rights of the Child (CRC/C/65/Add.9, page 41) that, following the increasing reports on the sexual and labour exploitation of children within the Corozal commercial free zone, the Ministry of Labour placed a labour officer within the zone in order to monitor such problems in 2002. The Committee requests the Government to provide information on the outcome of the inspections and investigations carried out by the labour officer in the Corozal commercial free zone.

Article 8. International cooperation and/or assistance. According to the information available at the Office, the Government received and continues to receive the cooperation and support of a number of external bilateral and multilateral agencies in the development of its education system. The World Bank assisted the country in its Primary Education Development Programme, and USAID has assisted in initiating the Training for Employment and Productivity Project, which also receives the continuing assistance of the Government of Mexico. The Governments of Canada and the United Kingdom provide scholarships and other assistance to students. Furthermore, the Committee notes that Belize is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. The Committee asks the Government to supply in its future reports any relevant information on international cooperation and/or assistance received to tackle the worst forms of child labour, including support for social and economic development, poverty eradication programmes and universal education.

Parts IV and V of the report form. In its report, the Government indicates that, once the report of the survey entitled "Child labour in Belize: A qualitative study," conducted in 2003 with the assistance of IPEC/SIMPOC will be presented, the true picture of the worst forms of child labour will be known, and hence the Government will be in a better position to adopt necessary measures to prohibit and eliminate the worst forms of child labour. The Committee notes that, according to the study entitled "Child labour in Belize: A qualitative study", child labourers are found throughout the country with higher concentrations in rural agricultural communities and some urban centres. Most children work in commercial and subsistence agriculture, tourism and out-of-home domestic work. Some are forced into prostitution/sex tourism. There are children who are involved in the worst forms of child labour including hazardous work in commercial agriculture, sexual exploitation, work in the streets, and domestic work. The Committee also notes that according to the study "Child labour in Belize: A statistical report", child prostitution exists throughout the country with a higher concentration in Orange Walk town, Stann Creek district and Belize City. But no adequate indications or statistics on the worst forms of child labour are available.

The Committee asks the Government to indicate the measures taken or envisaged to address the situation of children involved in the worst forms of child labour including those children involved in hazardous work in commercial agriculture, sexual exploitation, work in the streets and domestic work. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in Belize and any practical difficulties encountered in the application of the Convention, and also to supply copies or extracts from official documents including inspection reports, studies and inquiries and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions and penal sanctions applied. As far as possible such information and statistical data should include data disaggregated by sex, age group, occupation, branch of economic activity, status in employment, school attendance and geographical location.