Minimum Age Convention, 1973 (No. 138) - Belize (RATIFICATION: 2000)

CMNT_TITLE

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes with interest the adoption in 2022 of the Belize National Child Labour Policy and Strategy 2022-2025, which was developed with the technical support of the ILO and in consultation with the social partners and other relevant stakeholders. The Policy has four objectives: (1) to address existing legislative and information gaps, providing necessary legal protection for all children who are engaged or potentially engaged in child labour; (2) to increase compliance with labour laws for the benefit of children; (3) to substantially reduce barriers to school access and ensure continuous school attendance throughout the legal age for every child; (4) to ensure adequate support and economic resilience for children and their families as a way to pre-empt engagement in child labour. Key strategies contemplated in the Policy include, among others, building awareness among children, their families and society about the danger of child labour; strengthening data collection on child labour; identification of working undocumented child migrants; strengthening mechanisms to reduce child labour in the tourism industry; and extending the social protection floor.

The Committee notes from the statistical information contained in the Policy that, as of 2013, the child labour rate was 3.2 per cent (equivalent to 3,528 children). It also notes that the Mennonites were found to have the highest child labour rate at 9.5 per cent, two and a half times as high as any other ethnic group.

The Committee further notes the Government’s indication in its report that a Child Labour Secretariat and Inspectorate was established in the Labour Department, which shall focus on child labour inspections, education and awareness-raising programs, and information gathering and reporting. Between 2019 and 2021, a total of 30 training sessions on child labour were conducted for different government entities and stakeholders, including the Banana, Sugar and Citrus industries, the tourism industry, the National Garifuna Council, and the Spanish Lookout (Mennonite) in the Cayo district. The Committee requests the Government to provide information on the measures adopted to ensure the progressive elimination of child labour, including among Mennonite children, under its National Child Labour Policy and Strategy 2022-2025, and the results achieved. In this regard, it requests the Government to continue to provide updated statistical information on the nature, extent, and trends of child labour, indicating the sectors of economic activity where child labour is more prevalent. Finally, it requests the Government to provide information on the activities of the Child Labour Secretariat and Inspectorate, including on the number of child labour inspections carried out, the infringements detected, and the penalties applied.

With regard to the issues raised under Articles 2(1), 3(2), 7 and 9(3), the Committee requests the Government to see the consolidated comments at the end.

Article 2(1) Scope of application. In response to its previous comments concerning the existence of different minimum ages, the Committee takes due note that the Government indicates that the Legislative Review Committee (LRC) that was established to review the national legislation concerning child labour made recommendations to amend the respective sections of the Shops Act, Chapter 287, and the Labour Act, Chapter 297 to ensure that the minimum age specified applies to all sectors of the employment and not only to industrial undertakings and shops.

Article 3(2). Determination of types of hazardous work. The Committee recalls that the LRC had recommended the insertion into the Labour Act of a hazardous work list.

Article 7. Light work. The Committee recalls that the LRC had recommended to raise the minimum age for light work from 12 to 13 years and adopt a list of types of light work.

Article 9(3) Registers of employment. The Committee recalls that the LRC had recommended deleting section 163 of the Labour Act, which limited the obligation to keep registers of employees under the age of 18 years to public and private industrial undertakings, and to replace it with a general requirement for all employers to prepare and keep one or more registers containing information of each worker available for inspection.

Noting the Government’s indication that the review of the legislative proposals made by the LRC and by the Labour Advisory Board was completed, and later forwarded to the Minister of Labour, Local Government and Rural Development for further action, the Committee hopes the proposed amendments will be adopted as soon as possible to ensure that:

• (i)the minimum age declared by the Government (14 years) is respected in all type of work undertaken by children, as well as in all sectors of economic activity;
• (ii)a list of types of hazardous work is approved, in consultation with the organizations of employers and workers concerned, and incorporated into the labour legislation;
• (iii)no child below 12 years of age be authorized to perform light work, and a list of types of light work is adopted;
• (iv)all employers keep one or more registers containing information of each worker available for inspection.

It requests the Government to provide information on any progress made in this regard as well as a copy of the new legislation once adopted.

CMNT_TITLE

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

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

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

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

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

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

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

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

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

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

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

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

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

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 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

The Committee notes the Government’s statement that the National Child Labour Policy was approved by the Government in July 2009. The Policy provides for the establishment of the National Child Labour Committee (NCLC) (formerly the National Child Labour Subcommittee), which is composed of 14 members appointed from various governmental agencies, employers’ and workers’ organizations and international organizations. The NCLC shall oversee the implementation of the National Child Labour Policy, which focuses on the following priorities: legislation and enforcement; education and training; awareness raising and advocacy; employment and entrepreneurship; institutional strengthening; occupational health and safety; and the protection, withdrawal and rehabilitation of victims. The Government indicates that the Ministry of Labour has allocated US$50,000 for the activities of the NCLC, and that this body will develop a National Strategic Action Plan to combat child labour in Belize. The Committee also notes the Government’s statement that there remains a dearth of information on the nature, extent and trends of child labour since the abovementioned 2008 study, and that recent information remains mainly anecdotal. However, the Government indicates that some relevant information will be collected from the National Population Census that was recently conducted by the Statistical Institute of Belize. The Committee further notes the Government’s statement that, in the course of conducting inspections, Labour Officers are expected to be vigilant with regard to child labour activities, and shall refer any cases detected to the Department of Human Services.

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 labour occurs in Belize, particularly in family enterprises and farms, especially on banana plantations. This report also indicates that children work in informal economic activities, mostly in agriculture but also in urban areas as street vendors.

The Committee therefore requests the Government to pursue its efforts, within the framework of the National Child Labour Policy and the forthcoming National Strategic Action Plan, to combat and progressively eliminate child labour in the country, with particular attention to rural areas. The Committee also requests the Government to provide a copy of the National Strategic Action Plan, once it is developed, and the National Population Census when it becomes available.

Article 2(1). Scope of application. The Committee previously noted that, according to section 164(1) of the Labour Act, no person shall employ a child (a person under the age of 14 years, as defined in section 2) in a public or private “industrial undertaking” or in a branch thereof. Section 3 of the Shops Act provides for a minimum age of 14 years for employment in shops. The Committee reminded the Government that the scope of application of the Convention is not limited to industrial undertakings or shops but to all types of work or employment. In this regard, the Committee noted the Government’s indication that it envisaged ensuring the application of the minimum age of 14 years to types of work outside an employment relationship, such as self-employment, in the drafting of the National Child Labour Policy.

The Committee observes that the National Child Labour Policy does not appear to contain any measures to ensure that the minimum age of 14 applies to all sectors. However, the Committee notes the Government’s indication that the Labour Advisory Board has submitted a recommendation for revision concerning the minimum age to the NCLC. The Committee requests the Government to take measures, within the context of the revisions undertaken by the NCLC, to ensure that the minimum age specified applies to all sectors of employment or work, and not only industrial undertakings and shops.

Article 3(2). Determination of types of hazardous work. The Committee previously requested the Government to provide information on progress made towards the adoption of the draft list of hazardous work.

The Committee notes the information in the Government’s report that the National Child Labour Policy contains a list of hazardous occupations prohibited for young workers under 18 in its appendix. The Committee also notes the Government’s indication that this list has been grouped into six types of prohibited occupations and three types of prohibited employment conditions. It further notes the information in the Government’s report submitted under Convention No. 182 on the worst forms of child labour that this list was agreed upon following tripartite consultation. However, the Committee observes that, based on the 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, contained in the appendix of the National Child Labour Policy, has been included in any legislation or regulations, and if penalties have been provided for persons who employ children in types of work prohibited in this list.

Article 7(4). Determination of light work activities. In its previous comments, the Committee noted that section 169 of the Labour Act provided that children from the age of 12 may work in occupations not likely to be injurious to their life, limb, health or education, provided that this work is performed for no more than two hours on school days or Sundays and is not performed before the end of school hours or at night, in conformity with Article 7(4) of the Convention. However, the Committee noted the Government’s statement that no list of types of light work had yet been developed.

The Committee notes the Government’s statement that “light work” has been defined in the National Child Labour Policy as work in the home and in domestic situations or work performed in a family-run enterprise under the supervision of the child’s parents, provided that this work is neither hazardous, illegal, immoral nor unsafe. The Government indicates that the National Child Labour Policy states that this work must be appropriate for the age and development of the child and that work deemed “light work” should not prevent the child from attending, and meeting the academic requirements of, school. This light work must only be performed outside of school hours, by a child registered in school. The Committee requests the Government to indicate if this determination of types of light work contained in the National Child Labour Policy has been included in any legislation or regulations.

Article 9(3). Registers of employment. The Committee previously noted that section 163 of the Labour Act requires every employer in a public or private industrial undertaking to keep a register of the names, dates of birth and hours of work of, among others, all persons under the age of 18 years employed. Noting that section 163 of the Labour Act applies only to “industrial” undertakings, the Committee requested the Government to supply information on measures taken to extend the requirement of keeping such a register to other sectors of the economy.

The Committee notes the Government’s statement that while, in practice, employers in all sectors keep a register of pertinent information on their employees, this information is kept by the individual enterprises and not submitted to a central authority. The Government indicates that the Labour Advisory Board has recommended that legislation should be enacted to require a separate register be kept by employers of all workers under 18 years, and that this information be submitted to the Ministry of Labour. The Committee requests the Government to take the necessary measures to pursue the recommendation of the Labour Advisory Board, to ensure that employers in all sectors are required to maintain a register containing the names, age (or dates of birth) of all persons under the age of 18 years whom they employ.

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

The Committee notes the Government’s statement that the National Child Labour Policy was approved by the Government in July 2009. The Policy provides for the establishment of the National Child Labour Committee (NCLC) (formerly the National Child Labour Subcommittee), which is composed of 14 members appointed from various governmental agencies, employers’ and workers’ organizations and international organizations. The NCLC shall oversee the implementation of the National Child Labour Policy, which focuses on the following priorities: legislation and enforcement; education and training; awareness raising and advocacy; employment and entrepreneurship; institutional strengthening; occupational health and safety; and the protection, withdrawal and rehabilitation of victims. The Government indicates that the Ministry of Labour has allocated US$50,000 for the activities of the NCLC, and that this body will develop a National Strategic Action Plan to combat child labour in Belize. The Committee also notes the Government’s statement that there remains a dearth of information on the nature, extent and trends of child labour since the abovementioned 2008 study, and that recent information remains mainly anecdotal. However, the Government indicates that some relevant information will be collected from the National Population Census that was recently conducted by the Statistical Institute of Belize. The Committee further notes the Government’s statement that, in the course of conducting inspections, Labour Officers are expected to be vigilant with regard to child labour activities, and shall refer any cases detected to the Department of Human Services.

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 labour occurs in Belize, particularly in family enterprises and farms, especially on banana plantations. This report also indicates that children work in informal economic activities, mostly in agriculture but also in urban areas as street vendors.

The Committee therefore requests the Government to pursue its efforts, within the framework of the National Child Labour Policy and the forthcoming National Strategic Action Plan, to combat and progressively eliminate child labour in the country, with particular attention to rural areas. The Committee also requests the Government to provide a copy of the National Strategic Action Plan, once it is developed, and the National Population Census when it becomes available.

Article 2(1). Scope of application. The Committee previously noted that, according to section 164(1) of the Labour Act, no person shall employ a child (a person under the age of 14 years, as defined in section 2) in a public or private “industrial undertaking” or in a branch thereof. Section 3 of the Shops Act provides for a minimum age of 14 years for employment in shops. The Committee reminded the Government that the scope of application of the Convention is not limited to industrial undertakings or shops but to all types of work or employment. In this regard, the Committee noted the Government’s indication that it envisaged ensuring the application of the minimum age of 14 years to types of work outside an employment relationship, such as self-employment, in the drafting of the National Child Labour Policy.

The Committee observes that the National Child Labour Policy does not appear to contain any measures to ensure that the minimum age of 14 applies to all sectors. However, the Committee notes the Government’s indication that the Labour Advisory Board has submitted a recommendation for revision concerning the minimum age to the NCLC. The Committee requests the Government to take measures, within the context of the revisions undertaken by the NCLC, to ensure that the minimum age specified applies to all sectors of employment or work, and not only industrial undertakings and shops.

Article 3(2). Determination of types of hazardous work. The Committee previously requested the Government to provide information on progress made towards the adoption of the draft list of hazardous work.

The Committee notes the information in the Government’s report that the National Child Labour Policy contains a list of hazardous occupations prohibited for young workers under 18 in its appendix. The Committee also notes the Government’s indication that this list has been grouped into six types of prohibited occupations and three types of prohibited employment conditions. It further notes the information in the Government’s report submitted under Convention No. 182 on the worst forms of child labour that this list was agreed upon following tripartite consultation. However, the Committee observes that, based on the 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, contained in the appendix of the National Child Labour Policy, has been included in any legislation or regulations, and if penalties have been provided for persons who employ children in types of work prohibited in this list.

Article 7(4). Determination of light work activities. In its previous comments, the Committee noted that section 169 of the Labour Act provided that children from the age of 12 may work in occupations not likely to be injurious to their life, limb, health or education, provided that this work is performed for no more than two hours on school days or Sundays and is not performed before the end of school hours or at night, in conformity with Article 7(4) of the Convention. However, the Committee noted the Government’s statement that no list of types of light work had yet been developed.

The Committee notes the Government’s statement that “light work” has been defined in the National Child Labour Policy as work in the home and in domestic situations or work performed in a family-run enterprise under the supervision of the child’s parents, provided that this work is neither hazardous, illegal, immoral nor unsafe. The Government indicates that the National Child Labour Policy states that this work must be appropriate for the age and development of the child and that work deemed “light work” should not prevent the child from attending, and meeting the academic requirements of, school. This light work must only be performed outside of school hours, by a child registered in school. The Committee requests the Government to indicate if this determination of types of light work contained in the National Child Labour Policy has been included in any legislation or regulations.

Article 9(3). Registers of employment. The Committee previously noted that section 163 of the Labour Act requires every employer in a public or private industrial undertaking to keep a register of the names, dates of birth and hours of work of, among others, all persons under the age of 18 years employed. Noting that section 163 of the Labour Act applies only to “industrial” undertakings, the Committee requested the Government to supply information on measures taken to extend the requirement of keeping such a register to other sectors of the economy.

The Committee notes the Government’s statement that while, in practice, employers in all sectors keep a register of pertinent information on their employees, this information is kept by the individual enterprises and not submitted to a central authority. The Government indicates that the Labour Advisory Board has recommended that legislation should be enacted to require a separate register be kept by employers of all workers under 18 years, and that this information be submitted to the Ministry of Labour. The Committee requests the Government to take the necessary measures to pursue the recommendation of the Labour Advisory Board, to ensure that employers in all sectors are required to maintain a register containing the names, age (or dates of birth) of all persons under the age of 18 years whom they employ.

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

The Committee notes the Government’s statement that the National Child Labour Policy was approved by the Government in July 2009. The Policy provides for the establishment of the National Child Labour Committee (NCLC) (formerly the National Child Labour Subcommittee), which is composed of 14 members appointed from various governmental agencies, employers’ and workers’ organizations and international organizations. The NCLC shall oversee the implementation of the National Child Labour Policy, which focuses on the following priorities: legislation and enforcement; education and training; awareness raising and advocacy; employment and entrepreneurship; institutional strengthening; occupational health and safety; and the protection, withdrawal and rehabilitation of victims. The Government indicates that the Ministry of Labour has allocated US$50,000 for the activities of the NCLC, and that this body will develop a National Strategic Action Plan to combat child labour in Belize. The Committee also notes the Government’s statement that there remains a dearth of information on the nature, extent and trends of child labour since the abovementioned 2008 study, and that recent information remains mainly anecdotal. However, the Government indicates that some relevant information will be collected from the National Population Census that was recently conducted by the Statistical Institute of Belize. The Committee further notes the Government’s statement that, in the course of conducting inspections, Labour Officers are expected to be vigilant with regard to child labour activities, and shall refer any cases detected to the Department of Human Services.

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 labour occurs in Belize, particularly in family enterprises and farms, especially on banana plantations. This report also indicates that children work in informal economic activities, mostly in agriculture but also in urban areas as street vendors.

The Committee therefore requests the Government to pursue its efforts, within the framework of the National Child Labour Policy and the forthcoming National Strategic Action Plan, to combat and progressively eliminate child labour in the country, with particular attention to rural areas. The Committee also requests the Government to provide a copy of the National Strategic Action Plan, once it is developed, and the National Population Census when it becomes available.

Article 2(1). Scope of application. The Committee previously noted that, according to section 164(1) of the Labour Act, no person shall employ a child (a person under the age of 14 years, as defined in section 2) in a public or private “industrial undertaking” or in a branch thereof. Section 3 of the Shops Act provides for a minimum age of 14 years for employment in shops. The Committee reminded the Government that the scope of application of the Convention is not limited to industrial undertakings or shops but to all types of work or employment. In this regard, the Committee noted the Government’s indication that it envisaged ensuring the application of the minimum age of 14 years to types of work outside an employment relationship, such as self-employment, in the drafting of the National Child Labour Policy.

The Committee observes that the National Child Labour Policy does not appear to contain any measures to ensure that the minimum age of 14 applies to all sectors. However, the Committee notes the Government’s indication that the Labour Advisory Board has submitted a recommendation for revision concerning the minimum age to the NCLC. The Committee requests the Government to take measures, within the context of the revisions undertaken by the NCLC, to ensure that the minimum age specified applies to all sectors of employment or work, and not only industrial undertakings and shops.

Article 3(2). Determination of types of hazardous work. The Committee previously requested the Government to provide information on progress made towards the adoption of the draft list of hazardous work.

The Committee notes the information in the Government’s report that the National Child Labour Policy contains a list of hazardous occupations prohibited for young workers under 18 in its appendix. The Committee also notes the Government’s indication that this list has been grouped into six types of prohibited occupations and three types of prohibited employment conditions. It further notes the information in the Government’s report submitted under Convention No. 182 on the worst forms of child labour that this list was agreed upon following tripartite consultation. However, the Committee observes that, based on the 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, contained in the appendix of the National Child Labour Policy, has been included in any legislation or regulations, and if penalties have been provided for persons who employ children in types of work prohibited in this list.

Article 7(4). Determination of light work activities. In its previous comments, the Committee noted that section 169 of the Labour Act provided that children from the age of 12 may work in occupations not likely to be injurious to their life, limb, health or education, provided that this work is performed for no more than two hours on school days or Sundays and is not performed before the end of school hours or at night, in conformity with Article 7(4) of the Convention. However, the Committee noted the Government’s statement that no list of types of light work had yet been developed.

The Committee notes the Government’s statement that “light work” has been defined in the National Child Labour Policy as work in the home and in domestic situations or work performed in a family-run enterprise under the supervision of the child’s parents, provided that this work is neither hazardous, illegal, immoral nor unsafe. The Government indicates that the National Child Labour Policy states that this work must be appropriate for the age and development of the child and that work deemed “light work” should not prevent the child from attending, and meeting the academic requirements of, school. This light work must only be performed outside of school hours, by a child registered in school. The Committee requests the Government to indicate if this determination of types of light work contained in the National Child Labour Policy has been included in any legislation or regulations.

Article 9(3). Registers of employment. The Committee previously noted that section 163 of the Labour Act requires every employer in a public or private industrial undertaking to keep a register of the names, dates of birth and hours of work of, among others, all persons under the age of 18 years employed. Noting that section 163 of the Labour Act applies only to “industrial” undertakings, the Committee requested the Government to supply information on measures taken to extend the requirement of keeping such a register to other sectors of the economy.

The Committee notes the Government’s statement that while, in practice, employers in all sectors keep a register of pertinent information on their employees, this information is kept by the individual enterprises and not submitted to a central authority. The Government indicates that the Labour Advisory Board has recommended that legislation should be enacted to require a separate register be kept by employers of all workers under 18 years, and that this information be submitted to the Ministry of Labour. The Committee requests the Government to take the necessary measures to pursue the recommendation of the Labour Advisory Board, to ensure that employers in all sectors are required to maintain a register containing the names, age (or dates of birth) of all persons under the age of 18 years whom they employ.

CMNT_TITLE

The Committee notes 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 initially made in 2016. 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

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.

The Committee notes the Government’s statement that the National Child Labour Policy was approved by the Government in July 2009. The Policy provides for the establishment of the National Child Labour Committee (NCLC) (formerly the National Child Labour Subcommittee), which is composed of 14 members appointed from various governmental agencies, employers’ and workers’ organizations and international organizations. The NCLC shall oversee the implementation of the National Child Labour Policy, which focuses on the following priorities: legislation and enforcement; education and training; awareness raising and advocacy; employment and entrepreneurship; institutional strengthening; occupational health and safety; and the protection, withdrawal and rehabilitation of victims. The Government indicates that the Ministry of Labour has allocated US$50,000 for the activities of the NCLC, and that this body will develop a National Strategic Action Plan to combat child labour in Belize. The Committee also notes the Government’s statement that there remains a dearth of information on the nature, extent and trends of child labour since the abovementioned 2008 study, and that recent information remains mainly anecdotal. However, the Government indicates that some relevant information will be collected from the National Population Census that was recently conducted by the Statistical Institute of Belize. The Committee further notes the Government’s statement that, in the course of conducting inspections, Labour Officers are expected to be vigilant with regard to child labour activities, and shall refer any cases detected to the Department of Human Services.

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 labour occurs in Belize, particularly in family enterprises and farms, especially on banana plantations. This report also indicates that children work in informal economic activities, mostly in agriculture but also in urban areas as street vendors.

The Committee therefore requests the Government to pursue its efforts, within the framework of the National Child Labour Policy and the forthcoming National Strategic Action Plan, to combat and progressively eliminate child labour in the country, with particular attention to rural areas. The Committee also requests the Government to provide a copy of the National Strategic Action Plan, once it is developed, and the National Population Census when it becomes available.

Article 2(1). Scope of application. The Committee previously noted that, according to section 164(1) of the Labour Act, no person shall employ a child (a person under the age of 14 years, as defined in section 2) in a public or private “industrial undertaking” or in a branch thereof. Section 3 of the Shops Act provides for a minimum age of 14 years for employment in shops. The Committee reminded the Government that the scope of application of the Convention is not limited to industrial undertakings or shops but to all types of work or employment. In this regard, the Committee noted the Government’s indication that it envisaged ensuring the application of the minimum age of 14 years to types of work outside an employment relationship, such as self-employment, in the drafting of the National Child Labour Policy.

The Committee observes that the National Child Labour Policy does not appear to contain any measures to ensure that the minimum age of 14 applies to all sectors. However, the Committee notes the Government’s indication that the Labour Advisory Board has submitted a recommendation for revision concerning the minimum age to the NCLC. The Committee requests the Government to take measures, within the context of the revisions undertaken by the NCLC, to ensure that the minimum age specified applies to all sectors of employment or work, and not only industrial undertakings and shops.

Article 3(2). Determination of types of hazardous work. The Committee previously requested the Government to provide information on progress made towards the adoption of the draft list of hazardous work.

The Committee notes the information in the Government’s report that the National Child Labour Policy contains a list of hazardous occupations prohibited for young workers under 18 in its appendix. The Committee also notes the Government’s indication that this list has been grouped into six types of prohibited occupations and three types of prohibited employment conditions. It further notes the information in the Government’s report submitted under Convention No. 182 on the worst forms of child labour that this list was agreed upon following tripartite consultation. However, the Committee observes that, based on the 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, contained in the appendix of the National Child Labour Policy, has been included in any legislation or regulations, and if penalties have been provided for persons who employ children in types of work prohibited in this list.

Article 7(4). Determination of light work activities. In its previous comments, the Committee noted that section 169 of the Labour Act provided that children from the age of 12 may work in occupations not likely to be injurious to their life, limb, health or education, provided that this work is performed for no more than two hours on school days or Sundays and is not performed before the end of school hours or at night, in conformity with Article 7(4) of the Convention. However, the Committee noted the Government’s statement that no list of types of light work had yet been developed.

The Committee notes the Government’s statement that “light work” has been defined in the National Child Labour Policy as work in the home and in domestic situations or work performed in a family-run enterprise under the supervision of the child’s parents, provided that this work is neither hazardous, illegal, immoral nor unsafe. The Government indicates that the National Child Labour Policy states that this work must be appropriate for the age and development of the child and that work deemed “light work” should not prevent the child from attending, and meeting the academic requirements of, school. This light work must only be performed outside of school hours, by a child registered in school. The Committee requests the Government to indicate if this determination of types of light work contained in the National Child Labour Policy has been included in any legislation or regulations.

Article 9(3). Registers of employment. The Committee previously noted that section 163 of the Labour Act requires every employer in a public or private industrial undertaking to keep a register of the names, dates of birth and hours of work of, among others, all persons under the age of 18 years employed. Noting that section 163 of the Labour Act applies only to “industrial” undertakings, the Committee requested the Government to supply information on measures taken to extend the requirement of keeping such a register to other sectors of the economy.

The Committee notes the Government’s statement that while, in practice, employers in all sectors keep a register of pertinent information on their employees, this information is kept by the individual enterprises and not submitted to a central authority. The Government indicates that the Labour Advisory Board has recommended that legislation should be enacted to require a separate register be kept by employers of all workers under 18 years, and that this information be submitted to the Ministry of Labour. The Committee requests the Government to take the necessary measures to pursue the recommendation of the Labour Advisory Board, to ensure that employers in all sectors are required to maintain a register containing the names, age (or dates of birth) of all persons under the age of 18 years whom they employ.

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

The Committee notes the Government’s statement that the National Child Labour Policy was approved by the Government in July 2009. The Policy provides for the establishment of the National Child Labour Committee (NCLC) (formerly the National Child Labour Subcommittee), which is composed of 14 members appointed from various governmental agencies, employers’ and workers’ organizations and international organizations. The NCLC shall oversee the implementation of the National Child Labour Policy, which focuses on the following priorities: legislation and enforcement; education and training; awareness raising and advocacy; employment and entrepreneurship; institutional strengthening; occupational health and safety; and the protection, withdrawal and rehabilitation of victims. The Government indicates that the Ministry of Labour has allocated US$50,000 for the activities of the NCLC, and that this body will develop a National Strategic Action Plan to combat child labour in Belize. The Committee also notes the Government’s statement that there remains a dearth of information on the nature, extent and trends of child labour since the abovementioned 2008 study, and that recent information remains mainly anecdotal. However, the Government indicates that some relevant information will be collected from the National Population Census that was recently conducted by the Statistical Institute of Belize. The Committee further notes the Government’s statement that, in the course of conducting inspections, Labour Officers are expected to be vigilant with regard to child labour activities, and shall refer any cases detected to the Department of Human Services.

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 labour occurs in Belize, particularly in family enterprises and farms, especially on banana plantations. This report also indicates that children work in informal economic activities, mostly in agriculture but also in urban areas as street vendors.

The Committee therefore requests the Government to pursue its efforts, within the framework of the National Child Labour Policy and the forthcoming National Strategic Action Plan, to combat and progressively eliminate child labour in the country, with particular attention to rural areas. The Committee also requests the Government to provide a copy of the National Strategic Action Plan, once it is developed, and the National Population Census when it becomes available.

Article 2(1). Scope of application. The Committee previously noted that, according to section 164(1) of the Labour Act, no person shall employ a child (a person under the age of 14 years, as defined in section 2) in a public or private “industrial undertaking” or in a branch thereof. Section 3 of the Shops Act provides for a minimum age of 14 years for employment in shops. The Committee reminded the Government that the scope of application of the Convention is not limited to industrial undertakings or shops but to all types of work or employment. In this regard, the Committee noted the Government’s indication that it envisaged ensuring the application of the minimum age of 14 years to types of work outside an employment relationship, such as self-employment, in the drafting of the National Child Labour Policy.

The Committee observes that the National Child Labour Policy does not appear to contain any measures to ensure that the minimum age of 14 applies to all sectors. However, the Committee notes the Government’s indication that the Labour Advisory Board has submitted a recommendation for revision concerning the minimum age to the NCLC. The Committee requests the Government to take measures, within the context of the revisions undertaken by the NCLC, to ensure that the minimum age specified applies to all sectors of employment or work, and not only industrial undertakings and shops.

Article 3(2). Determination of types of hazardous work. The Committee previously requested the Government to provide information on progress made towards the adoption of the draft list of hazardous work.

The Committee notes the information in the Government’s report that the National Child Labour Policy contains a list of hazardous occupations prohibited for young workers under 18 in its appendix. The Committee also notes the Government’s indication that this list has been grouped into six types of prohibited occupations and three types of prohibited employment conditions. It further notes the information in the Government’s report submitted under Convention No. 182 on the worst forms of child labour that this list was agreed upon following tripartite consultation. However, the Committee observes that, based on the 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, contained in the appendix of the National Child Labour Policy, has been included in any legislation or regulations, and if penalties have been provided for persons who employ children in types of work prohibited in this list.

Article 7(4). Determination of light work activities. In its previous comments, the Committee noted that section 169 of the Labour Act provided that children from the age of 12 may work in occupations not likely to be injurious to their life, limb, health or education, provided that this work is performed for no more than two hours on school days or Sundays and is not performed before the end of school hours or at night, in conformity with Article 7(4) of the Convention. However, the Committee noted the Government’s statement that no list of types of light work had yet been developed.

The Committee notes the Government’s statement that “light work” has been defined in the National Child Labour Policy as work in the home and in domestic situations or work performed in a family-run enterprise under the supervision of the child’s parents, provided that this work is neither hazardous, illegal, immoral nor unsafe. The Government indicates that the National Child Labour Policy states that this work must be appropriate for the age and development of the child and that work deemed “light work” should not prevent the child from attending, and meeting the academic requirements of, school. This light work must only be performed outside of school hours, by a child registered in school. The Committee requests the Government to indicate if this determination of types of light work contained in the National Child Labour Policy has been included in any legislation or regulations.

Article 9(3). Registers of employment. The Committee previously noted that section 163 of the Labour Act requires every employer in a public or private industrial undertaking to keep a register of the names, dates of birth and hours of work of, among others, all persons under the age of 18 years employed. Noting that section 163 of the Labour Act applies only to “industrial” undertakings, the Committee requested the Government to supply information on measures taken to extend the requirement of keeping such a register to other sectors of the economy.

The Committee notes the Government’s statement that while, in practice, employers in all sectors keep a register of pertinent information on their employees, this information is kept by the individual enterprises and not submitted to a central authority. The Government indicates that the Labour Advisory Board has recommended that legislation should be enacted to require a separate register be kept by employers of all workers under 18 years, and that this information be submitted to the Ministry of Labour. The Committee requests the Government to take the necessary measures to pursue the recommendation of the Labour Advisory Board, to ensure that employers in all sectors are required to maintain a register containing the names, age (or dates of birth) of all persons under the age of 18 years whom they employ.

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

The Committee notes the Government’s statement that the National Child Labour Policy was approved by the Government in July 2009. The Policy provides for the establishment of the National Child Labour Committee (NCLC) (formerly the National Child Labour Subcommittee), which is composed of 14 members appointed from various governmental agencies, employers’ and workers’ organizations and international organizations. The NCLC shall oversee the implementation of the National Child Labour Policy, which focuses on the following priorities: legislation and enforcement; education and training; awareness raising and advocacy; employment and entrepreneurship; institutional strengthening; occupational health and safety; and the protection, withdrawal and rehabilitation of victims. The Government indicates that the Ministry of Labour has allocated US$50,000 for the activities of the NCLC, and that this body will develop a National Strategic Action Plan to combat child labour in Belize. The Committee also notes the Government’s statement that there remains a dearth of information on the nature, extent and trends of child labour since the abovementioned 2008 study, and that recent information remains mainly anecdotal. However, the Government indicates that some relevant information will be collected from the National Population Census that was recently conducted by the Statistical Institute of Belize. The Committee further notes the Government’s statement that, in the course of conducting inspections, Labour Officers are expected to be vigilant with regard to child labour activities, and shall refer any cases detected to the Department of Human Services.

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 labour occurs in Belize, particularly in family enterprises and farms, especially on banana plantations. This report also indicates that children work in informal economic activities, mostly in agriculture but also in urban areas as street vendors.

The Committee therefore requests the Government to pursue its efforts, within the framework of the National Child Labour Policy and the forthcoming National Strategic Action Plan, to combat and progressively eliminate child labour in the country, with particular attention to rural areas. The Committee also requests the Government to provide a copy of the National Strategic Action Plan, once it is developed, and the National Population Census when it becomes available.

Article 2(1). Scope of application. The Committee previously noted that, according to section 164(1) of the Labour Act, no person shall employ a child (a person under the age of 14 years, as defined in section 2) in a public or private “industrial undertaking” or in a branch thereof. Section 3 of the Shops Act provides for a minimum age of 14 years for employment in shops. The Committee reminded the Government that the scope of application of the Convention is not limited to industrial undertakings or shops but to all types of work or employment. In this regard, the Committee noted the Government’s indication that it envisaged ensuring the application of the minimum age of 14 years to types of work outside an employment relationship, such as self-employment, in the drafting of the National Child Labour Policy.

The Committee observes that the National Child Labour Policy does not appear to contain any measures to ensure that the minimum age of 14 applies to all sectors. However, the Committee notes the Government’s indication that the Labour Advisory Board has submitted a recommendation for revision concerning the minimum age to the NCLC. The Committee requests the Government to take measures, within the context of the revisions undertaken by the NCLC, to ensure that the minimum age specified applies to all sectors of employment or work, and not only industrial undertakings and shops.

Article 3(2). Determination of types of hazardous work. The Committee previously requested the Government to provide information on progress made towards the adoption of the draft list of hazardous work.

The Committee notes the information in the Government’s report that the National Child Labour Policy contains a list of hazardous occupations prohibited for young workers under 18 in its appendix. The Committee also notes the Government’s indication that this list has been grouped into six types of prohibited occupations and three types of prohibited employment conditions. It further notes the information in the Government’s report submitted under Convention No. 182 on the worst forms of child labour that this list was agreed upon following tripartite consultation. However, the Committee observes that, based on the 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, contained in the appendix of the National Child Labour Policy, has been included in any legislation or regulations, and if penalties have been provided for persons who employ children in types of work prohibited in this list.

Article 7(4). Determination of light work activities. In its previous comments, the Committee noted that section 169 of the Labour Act provided that children from the age of 12 may work in occupations not likely to be injurious to their life, limb, health or education, provided that this work is performed for no more than two hours on school days or Sundays and is not performed before the end of school hours or at night, in conformity with Article 7(4) of the Convention. However, the Committee noted the Government’s statement that no list of types of light work had yet been developed.

The Committee notes the Government’s statement that “light work” has been defined in the National Child Labour Policy as work in the home and in domestic situations or work performed in a family-run enterprise under the supervision of the child’s parents, provided that this work is neither hazardous, illegal, immoral nor unsafe. The Government indicates that the National Child Labour Policy states that this work must be appropriate for the age and development of the child and that work deemed “light work” should not prevent the child from attending, and meeting the academic requirements of, school. This light work must only be performed outside of school hours, by a child registered in school. The Committee requests the Government to indicate if this determination of types of light work contained in the National Child Labour Policy has been included in any legislation or regulations.

Article 9(3). Registers of employment. The Committee previously noted that section 163 of the Labour Act requires every employer in a public or private industrial undertaking to keep a register of the names, dates of birth and hours of work of, among others, all persons under the age of 18 years employed. Noting that section 163 of the Labour Act applies only to “industrial” undertakings, the Committee requested the Government to supply information on measures taken to extend the requirement of keeping such a register to other sectors of the economy.

The Committee notes the Government’s statement that while, in practice, employers in all sectors keep a register of pertinent information on their employees, this information is kept by the individual enterprises and not submitted to a central authority. The Government indicates that the Labour Advisory Board has recommended that legislation should be enacted to require a separate register be kept by employers of all workers under 18 years, and that this information be submitted to the Ministry of Labour. The Committee requests the Government to take the necessary measures to pursue the recommendation of the Labour Advisory Board, to ensure that employers in all sectors are required to maintain a register containing the names, age (or dates of birth) of all persons under the age of 18 years whom they employ.

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

The Committee notes the Government’s statement that the National Child Labour Policy was approved by the Government in July 2009. The Policy provides for the establishment of the National Child Labour Committee (NCLC) (formerly the National Child Labour Subcommittee), which is composed of 14 members appointed from various governmental agencies, employers’ and workers’ organizations and international organizations. The NCLC shall oversee the implementation of the National Child Labour Policy, which focuses on the following priorities: legislation and enforcement; education and training; awareness raising and advocacy; employment and entrepreneurship; institutional strengthening; occupational health and safety; and the protection, withdrawal and rehabilitation of victims. The Government indicates that the Ministry of Labour has allocated US$50,000 for the activities of the NCLC, and that this body will develop a National Strategic Action Plan to combat child labour in Belize. The Committee also notes the Government’s statement that there remains a dearth of information on the nature, extent and trends of child labour since the abovementioned 2008 study, and that recent information remains mainly anecdotal. However, the Government indicates that some relevant information will be collected from the National Population Census that was recently conducted by the Statistical Institute of Belize. The Committee further notes the Government’s statement that, in the course of conducting inspections, Labour Officers are expected to be vigilant with regard to child labour activities, and shall refer any cases detected to the Department of Human Services.

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 labour occurs in Belize, particularly in family enterprises and farms, especially on banana plantations. This report also indicates that children work in informal economic activities, mostly in agriculture but also in urban areas as street vendors.

The Committee therefore requests the Government to pursue its efforts, within the framework of the National Child Labour Policy and the forthcoming National Strategic Action Plan, to combat and progressively eliminate child labour in the country, with particular attention to rural areas. The Committee also requests the Government to provide a copy of the National Strategic Action Plan, once it is developed, and the National Population Census when it becomes available.

Article 2(1). Scope of application. The Committee previously noted that, according to section 164(1) of the Labour Act, no person shall employ a child (a person under the age of 14 years, as defined in section 2) in a public or private “industrial undertaking” or in a branch thereof. Section 3 of the Shops Act provides for a minimum age of 14 years for employment in shops. The Committee reminded the Government that the scope of application of the Convention is not limited to industrial undertakings or shops but to all types of work or employment. In this regard, the Committee noted the Government’s indication that it envisaged ensuring the application of the minimum age of 14 years to types of work outside an employment relationship, such as self-employment, in the drafting of the National Child Labour Policy.

The Committee observes that the National Child Labour Policy does not appear to contain any measures to ensure that the minimum age of 14 applies to all sectors. However, the Committee notes the Government’s indication that the Labour Advisory Board has submitted a recommendation for revision concerning the minimum age to the NCLC. The Committee requests the Government to take measures, within the context of the revisions undertaken by the NCLC, to ensure that the minimum age specified applies to all sectors of employment or work, and not only industrial undertakings and shops.

Article 3(2). Determination of types of hazardous work. The Committee previously requested the Government to provide information on progress made towards the adoption of the draft list of hazardous work.

The Committee notes the information in the Government’s report that the National Child Labour Policy contains a list of hazardous occupations prohibited for young workers under 18 in its appendix. The Committee also notes the Government’s indication that this list has been grouped into six types of prohibited occupations and three types of prohibited employment conditions. It further notes the information in the Government’s report submitted under Convention No. 182 on the worst forms of child labour that this list was agreed upon following tripartite consultation. However, the Committee observes that, based on the 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, contained in the appendix of the National Child Labour Policy, has been included in any legislation or regulations, and if penalties have been provided for persons who employ children in types of work prohibited in this list.

Article 7(4). Determination of light work activities. In its previous comments, the Committee noted that section 169 of the Labour Act provided that children from the age of 12 may work in occupations not likely to be injurious to their life, limb, health or education, provided that this work is performed for no more than two hours on school days or Sundays and is not performed before the end of school hours or at night, in conformity with Article 7(4) of the Convention. However, the Committee noted the Government’s statement that no list of types of light work had yet been developed.

The Committee notes the Government’s statement that “light work” has been defined in the National Child Labour Policy as work in the home and in domestic situations or work performed in a family-run enterprise under the supervision of the child’s parents, provided that this work is neither hazardous, illegal, immoral nor unsafe. The Government indicates that the National Child Labour Policy states that this work must be appropriate for the age and development of the child and that work deemed “light work” should not prevent the child from attending, and meeting the academic requirements of, school. This light work must only be performed outside of school hours, by a child registered in school. The Committee requests the Government to indicate if this determination of types of light work contained in the National Child Labour Policy has been included in any legislation or regulations.

Article 9(3). Registers of employment. The Committee previously noted that section 163 of the Labour Act requires every employer in a public or private industrial undertaking to keep a register of the names, dates of birth and hours of work of, among others, all persons under the age of 18 years employed. Noting that section 163 of the Labour Act applies only to “industrial” undertakings, the Committee requested the Government to supply information on measures taken to extend the requirement of keeping such a register to other sectors of the economy.

The Committee notes the Government’s statement that while, in practice, employers in all sectors keep a register of pertinent information on their employees, this information is kept by the individual enterprises and not submitted to a central authority. The Government indicates that the Labour Advisory Board has recommended that legislation should be enacted to require a separate register be kept by employers of all workers under 18 years, and that this information be submitted to the Ministry of Labour. The Committee requests the Government to take the necessary measures to pursue the recommendation of the Labour Advisory Board, to ensure that employers in all sectors are required to maintain a register containing the names, age (or dates of birth) of all persons under the age of 18 years whom they employ.

CMNT_TITLE

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. The Committee previously noted that the Committee on the Rights of the Child (CRC), in its concluding observations of March 2005, expressed its concern at the high rate of working children in Belize and the negative consequences resulting from the exploitation of child labour, such as school dropouts and the negative effects on health caused by harmful and hazardous work. The CRC expressed particular concern at the high number of rural child workers and regretted the lack of adequate data on child labour in the country (CRC/C/15/Add.252, paragraph 65). The Committee also noted the information from ILO–IPEC of January 2008 that the Belize child activity survey indicated that 8.2 per cent of boys and 4.5 per cent of girls between the ages of 5 and 14 worked. It noted that children in rural areas are more likely to work without attending school than those in urban areas, and that among working children aged between 5 and 14 years, approximately 55.3 per cent are employed in the agricultural sector. However, the Committee noted that the National Child Labour Subcommittee was in the process of developing a national child labour policy.

The Committee notes the Government’s statement that the National Child Labour Policy was approved by the Government in July 2009. The Policy provides for the establishment of the National Child Labour Committee (NCLC) (formerly the National Child Labour Subcommittee), which is composed of 14 members appointed from various governmental agencies, employers’ and workers’ organizations and international organizations. The NCLC shall oversee the implementation of the National Child Labour Policy, which focuses on the following priorities: legislation and enforcement; education and training; awareness raising and advocacy; employment and entrepreneurship; institutional strengthening; occupational health and safety; and the protection, withdrawal and rehabilitation of victims. The Government indicates that the Ministry of Labour has allocated US$50,000 for the activities of the NCLC, and that this body will develop a National Strategic Action Plan to combat child labour in Belize. The Committee also notes the Government’s statement that there remains a dearth of information on the nature, extent and trends of child labour since the abovementioned 2008 study, and that recent information remains mainly anecdotal. However, the Government indicates that some relevant information will be collected from the National Population Census that was recently conducted by the Statistical Institute of Belize. The Committee further notes the Government’s statement that, in the course of conducting inspections, Labour Officers are expected to be vigilant with regard to child labour activities, and shall refer any cases detected to the Department of Human Services.

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 labour occurs in Belize, particularly in family enterprises and farms, especially on banana plantations. This report also indicates that children work in informal economic activities, mostly in agriculture but also in urban areas as street vendors.

The Committee therefore requests the Government to pursue its efforts, within the framework of the National Child Labour Policy and the forthcoming National Strategic Action Plan, to combat and progressively eliminate child labour in the country, with particular attention to rural areas. The Committee also requests the Government to provide a copy of the National Strategic Action Plan, once it is developed, and the National Population Census when it becomes available.

Article 2(1). Scope of application. The Committee previously noted that, according to section 164(1) of the Labour Act, no person shall employ a child (a person under the age of 14 years, as defined in section 2) in a public or private “industrial undertaking” or in a branch thereof. Section 3 of the Shops Act provides for a minimum age of 14 years for employment in shops. The Committee reminded the Government that the scope of application of the Convention is not limited to industrial undertakings or shops but to all types of work or employment. In this regard, the Committee noted the Government’s indication that it envisaged ensuring the application of the minimum age of 14 years to types of work outside an employment relationship, such as self-employment, in the drafting of the National Child Labour Policy.

The Committee observes that the National Child Labour Policy does not appear to contain any measures to ensure that the minimum age of 14 applies to all sectors. However, the Committee notes the Government’s indication that the Labour Advisory Board has submitted a recommendation for revision concerning the minimum age to the NCLC. The Committee requests the Government to take measures, within the context of the revisions undertaken by the NCLC, to ensure that the minimum age specified applies to all sectors of employment or work, and not only industrial undertakings and shops.

Article 2(2). Raising the initially specified minimum age for admission to work. The Committee notes the Government’s statement that the Labour Advisory Board has recommended that the minimum age be raised to 16, from the initially specified minimum age of 14. The Government states that any such change requires multi-sectoral input, and that this recommendation has been submitted to the NCLC. In this regard, the Committee draws the Government’s attention to the fact that Article 2(2) of the Convention provides for the possibility for a State which decides to raise the initially specified minimum age for admission to employment or work to inform the Director-General of the International Labour Office by means of a new declaration. This allows the age fixed by the national legislation to be harmonized with that provided for at international level.

Article 3(2). Determination of types of hazardous work. The Committee previously requested the Government to provide information on progress made towards the adoption of the draft list of hazardous work.

The Committee notes the information in the Government’s report that the National Child Labour Policy contains a list of hazardous occupations prohibited for young workers under 18 in its appendix. The Committee also notes the Government’s indication that this list has been grouped into six types of prohibited occupations and three types of prohibited employment conditions. It further notes the information in the Government’s report submitted under Convention No. 182 on the worst forms of child labour that this list was agreed upon following tripartite consultation. However, the Committee observes that, based on the 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, contained in the appendix of the National Child Labour Policy, has been included in any legislation or regulations, and if penalties have been provided for persons who employ children in types of work prohibited in this list.

Article 7(4). Determination of light work activities. In its previous comments, the Committee noted that section 169 of the Labour Act provided that children from the age of 12 may work in occupations not likely to be injurious to their life, limb, health or education, provided that this work is performed for no more than two hours on school days or Sundays and is not performed before the end of school hours or at night, in conformity with Article 7(4) of the Convention. However, the Committee noted the Government’s statement that no list of types of light work had yet been developed.

The Committee notes the Government’s statement that “light work” has been defined in the National Child Labour Policy as work in the home and in domestic situations or work performed in a family-run enterprise under the supervision of the child’s parents, provided that this work is neither hazardous, illegal, immoral nor unsafe. The Government indicates that the National Child Labour Policy states that this work must be appropriate for the age and development of the child and that work deemed “light work” should not prevent the child from attending, and meeting the academic requirements of, school. This light work must only be performed outside of school hours, by a child registered in school. The Committee requests the Government to indicate if this determination of types of light work contained in the National Child Labour Policy has been included in any legislation or regulations.

Article 9(3). Registers of employment. The Committee previously noted that section 163 of the Labour Act requires every employer in a public or private industrial undertaking to keep a register of the names, dates of birth and hours of work of, among others, all persons under the age of 18 years employed. Noting that section 163 of the Labour Act applies only to “industrial” undertakings, the Committee requested the Government to supply information on measures taken to extend the requirement of keeping such a register to other sectors of the economy.

The Committee notes the Government’s statement that while, in practice, employers in all sectors keep a register of pertinent information on their employees, this information is kept by the individual enterprises and not submitted to a central authority. The Government indicates that the Labour Advisory Board has recommended that legislation should be enacted to require a separate register be kept by employers of all workers under 18 years, and that this information be submitted to the Ministry of Labour. The Committee requests the Government to take the necessary measures to pursue the recommendation of the Labour Advisory Board, to ensure that employers in all sectors are required to maintain a register containing the names, age (or dates of birth) of all persons under the age of 18 years whom they employ.

CMNT_TITLE

Article 1 of the Convention. National policy. The Committee notes 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 National Committee for Families and Children (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. Furthermore, the Committee notes that a National Child Labour Sub Committee (NCLSC) was established to monitor the implementation of the aforementioned ILO/IPEC programme and the country’s compliance with its national and international obligations regarding children. The Committee notes that the NCLSC is comprised of representatives from the Labour Department, the NCFC, the Police Department, the Immigration Department, the Ministry of Education, the Ministry of Health, the Central Statistical Office, the Ministry of Human Development, the Belize Chamber of Commerce and Industry and the National Trade Union Congress of Belize. The Committee notes the Government’s statements that, although the ILO/IPEC programme ended, the NCLSC is still functioning and monitoring activities aimed at the effective abolition of child labour. For the 2007–08 fiscal year, the Government approved 30,000 Belize dollars (BZD) to the Ministry of Labour for the sustainability of the Child Labour Programme. In the 2007–08 school year, the Ministry of Labour and the Ministry of Education provided uniforms and textbooks and paid the school tuition for 38 children. The Committee notes that the Government continues to offer tuition grants to primary and secondary school students and maintains a textbook lending programme.

The Committee also notes in the Government’s report that in 2004, the National Plan of Action for Children and Adolescents, 2004–2015 (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 information on new projects, the implementation of related policies and measures and on any relevant impact made by the NCFC, the NCLSC and the NPA for the effective abolition of child labour.

Article 2, paragraph 1. Scope of application. The Committee had previously noted that, according to section 164(1) of the Labour Act, no person shall employ a child (a person under the age of 14 years, as defined in section 2) in a public or private “industrial undertaking” or in a branch thereof. Section 3 of the Shops Act provides for a minimum age to “be employed in or about any shop” of 14 years. The Committee reminded the Government that the scope of application of the Convention is not limited to industrial undertakings or shops but to all types of work or employment. The Committee notes in the Government’s report that the measure envisaged at ensuring application of the minimum age of 14 years to all types of work outside an employment relationship, such as self-employment, is the drafting of the National Child Labour Policy. The Committee requests the Government to provide information on any progress made towards the adoption of the National Child Labour Policy or any other measures taken or envisaged to ensure the application of the minimum age specified (14 years) to all types of work or employment in any occupation, including employment stemming outside of an employment relationship, such as self-employment.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, types of hazardous work. The Committee had previously noted that certain provisions of the Families and Children Act 1998, the Labour Act and the Mines and Minerals Regulation No. 33/1996 prohibit the employment of persons under 18 in hazardous work. The Committee had considered that a general prohibition of hazardous work, without additional measures, was unlikely to have much practical effect. It had accordingly reminded the Government that under the terms of Article 3, paragraph 2, of the Convention the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee notes the Government’s report containing a draft list of types of hazardous work, identified in collaboration with the organizations of employers and workers. The Committee requests the Government to provide information in its next report on any progress made towards the adoption of the draft list of hazardous work.

Article 6. 1. Vocational training. The Committee noted that section 164(2) of the Labour Act, which applies to vocational training, authorizes, as an exception to the general established minimum age of 14 years, the employment of children (below 14 years) in technical schools if such work is approved and supervised by a public authority. The Committee notes with interest that the Belize Technical and Vocational Education and Training Act 2005 (the Training Act) regulates technical and vocational education and training and also establishes the National Council for Technical and Vocational Education and Training (NCTVET). The Committee also notes that, by virtue of section 3(3) of the Training Act, the NCTVET is composed of members including representatives from the Government, the Belize Chamber of Commerce and Industry and the National Trade Union Congress. The Committee notes that, as per section 14(2) of the Training Act, the operations of the technical and vocational institutions are subject to the Training Act and regulations made there under. Furthermore, as per section 23(1) of the Training Act, regulations governing the health and safety conditions to be observed at vocational education and training institutions shall be made. The Committee requests the Government to provide information on any regulations made under the Belize Technical and Vocational Education and Training Act 2005 regarding the system of vocational training and technical education, as well as for the conditions prescribed for the work done by children in such programmes.

2. Apprenticeship. The Committee notes that, by virtue of section 26(1) of the Training Act, the NCTVET shall, with the approval of the Minister responsible for education, formulate a national apprenticeship programme for persons having a minimum age of 16 years in such professional, technical or vocational disciplines as may be provided in the programme. Pursuant to section 26(4)(d) of the Training Act, the Ministry responsible for education shall establish an apprenticeship unit which will develop and maintain a handbook of policies and procedures for the proper implementation of the national apprenticeship programme. Furthermore, the Ministry responsible for education shall also determine the conditions of service, including working hours, of apprentices in conformity with section 26(4)(j).

Article 7, paragraphs 1, 3 and 4. Light work. In its previous comments, the Committee noted that, according to section 169 of the Labour Act, no child shall be employed: (a) so long as he is under the age of 12 years; or (b) before the close of school hours on any day on which he is required to attend school; or (c) before 6 a.m. and after 8 p.m. on any day; or (d) for more than two hours on any day on which he is required to attend school; or (e) for more than two hours on any Sunday; or (f) carry or move anything so heavy as to be likely to cause injury to him; or (g) in any occupation likely to be injurious to his life, limb, health or education. However, by virtue of section 170 of the Labour Act, the Minister may make regulations with respect to the employment of children and may authorize children below 12 years to do some light agricultural or horticultural work in their parents’ or guardians’ land only. The Committee reminded the Government that, under Article 7, paragraphs 1 and 4, of the Convention, the national laws or regulations may permit the employment or work of persons in light work but only from 12 years of age and under certain conditions that such work is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received.

The Committee notes that no regulations have been made or enacted under section 170 of the Labour Act. The Committee also notes that, by virtue of the International Labour Organization Conventions Act 1999, in case of conflict between provisions of the Labour Act and ILO Conventions ratified by the State (including the present Convention), the ILO Conventions supersede the Labour Act. The Committee notes the Government’s statement that no list of light work has been developed yet. The Committee reminds the Government that, under Article 7, paragraph 3, of the Convention, the competent authority shall determine the types of light work and the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee once again requests the Government to take the necessary measures to ensure that the employment of children in light agricultural or horticultural work will be only possible for children who have reached the age of 12 years and under the conditions prescribed by Article 7, paragraph 1, of the Convention. The Committee also requests the Government to supply information on the types of light work activities that are permitted by section 169 of the Labour Act for persons of 12 years and above.

Article 9, paragraph 3. Registers of employment. The Committee noted that section 163 of the Labour Act requires every employer in a public or private industrial undertaking to keep a register of the names, dates of birth and hours of work of, among others, all persons under the age of 18 years employed in that undertaking. Any employer who fails to comply with this provision shall be liable to a fine not exceeding BZD50 or to imprisonment for a term not exceeding four months. The Committee noted that section 163 of the Labour Act applies to a public or private “industrial” undertaking. The Committee requested the Government to supply information on measures taken or envisaged for the extension of the requirement of keeping a register of the names, dates of birth and hours of work of all persons under the age of 18 years employed to sectors of economy other than industry. The Committee notes the Government’s statement that the measures envisaged for the extension of the requirement of section 163 of the Labour Act is the drafting of the National Child Labour Policy. The Committee requests that the registers or other documents containing information on all persons under 18 years of age, in all types of employment or work, and not only public or private “industrial” undertakings, be provided as soon as they are prescribed by the Government.

Part III and Part V of the report form. Labour inspection and practical application of the Convention. In its previous comments, the Committee noted that, according to the report entitled Child labour in Belize: Qualitative study, prepared for the ILO/IPEC Statistical Information and Monitoring Programme on Child Labour, 2003, child labourers are found throughout the country with higher concentrations in rural agricultural communities and some urban centres. Children are also involved in hazardous work in commercial agriculture and in domestic work. Child labour exists in many forms in the Corozal district with children working as shop assistants, gasoline attendants and sugar cane farmers. In the rural regions, children worked on family plots and businesses after school, on weekends and during vacations and were involved in the citrus, banana and sugar industries as field workers. The Committee asked the Government to provide detailed information on the measures taken to improve the situation of children such as those referred to in the Child Labour in Belize: Qualitative Study report. It also requested 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.

The Committee notes in the Government’s report that the measures taken to improve the situation of children such as those referred to above, and in applying the provisions of the Convention, are regular inspection visits carried out by labour officers. Furthermore, a multi-sectoral committee, the NCLSC, has been established to monitor child labour activities being conducted in Belize and Belize’s compliance with its international and national obligations for children. The Committee notes in the Government’s report that the practical difficulties encountered are that no comprehensive legislation on child labour has been enacted. However, the NCLSC is in the process of identifying a consultant to draft a National Child Labour Policy.

The Committee, however, notes that in its concluding observations on the second periodic report of Belize in March 2005 (CRC/C/15/Add.252, paragraph 65), the Committee on the Rights of the Child expressed its concern at the high rate of working children in Belize and the negative consequences resulting from the exploitation of child labour, such as school dropouts and the negative effects on health caused by harmful and hazardous work. The Committee notes that the Committee on the Rights of the Child expressed particular concern at the high number of child rural workers and regretted the lack of adequate data on child labour in the country. The Committee notes in the Government’s report that in June 2007, seven new labour officers were employed by the Government, including one posted in Independence Village, where the banana industry is located. The labour officer is mandated under sections 8 and 9 of the Labour Act to perform, among other tasks, inspection duties so as to ensure that the laws in force concerning conditions of employment and the protection of workers in their occupations are duly applied.

Moreover, the Committee notes that in ILO/IPEC’s “Belize: Child labour data country brief” of January 2008, results from the Belize child activity survey indicate that 8.2 per cent (2,577) of boys and 4.5 per cent (1,443) of girls in the age group 5–14 work, resulting in 6.3 per cent (4,020) of all children aged
5–14 years working. Approximately 1 per cent (649) of children aged 5–14 participate in the labour force without attending school. The percentage is higher for boys (1.2 per cent) than for girls (0.8 per cent). Children in rural areas are more likely to work without attending school than those in urban areas (1.4 per cent vs 0.5 per cent). Among working children aged 5–14 years, approximately 55.3 per cent are employed in the agricultural sector, 5.9 per cent are employed in the industrial sector and the remaining 38.8 per cent work in services. This breakdown by industry is similar among working children in the 10–14 year age bracket. However, among children 5–9 years of age, 61.3 per cent are employed in the agricultural sector, 2.2 per cent are employed in the industrial sector while the remaining 36.5 per cent work in services.

While noting the efforts made by the Government to address child labour and its commitment to combating the problem, the Committee expresses its concern about the situation of children under the age of 14 working in the country and once again strongly encourages the Government to renew its efforts to improve the situation progressively. It requests that the Government supply copies or extracts from official documents including inspection reports, studies and inquiries and, where such more recent statistics exist, information on the nature, extent and trends of child labour by age group, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, etc.

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 1 of the Convention. The Committee noted the Government’s statement that there is no national policy in the country and that, as it is unaware of the true extent of the child labour problem, it is unable to apply any particular methods to resolve this problem. However, according to the information provided by the Government in its second periodic report to the Committee on the Rights of the Child in February 2003 (CRC/C/65/Add.29, paragraphs 239, 246 and 297), in a major effort to address continuing structural weaknesses in the education system and to improve student performance, a ten-year Education Sector Strategy was approved by the Government in 1999 with the overall objective of achieving universal educational access for children between the ages of 3 and 16 years. In the school year 1999–2000, School Community Liaison Officers were established in order to address the problems of non-attendance, including to investigate more persistent instances of non-attendance.

The Committee noted that in its report to the Committee on the Rights of the Child, the Government indicated that, through the Ministry of Labour, it implemented a child labour project called the “Butterfly Project” (2000–01) in the Corozal district. The objective of this project was to eliminate hazardous and exploitative forms of child labour, and to foster improved school participation by children below 14 years, and to ensure that working children were not exploited and were guaranteed appropriate working hours and proper wages. This project placed 25 children back in primary school and awarded ten scholarships. Moreover, the Committee noted with interest that the Central Statistical Office (CSO) conducted a Child Activity Survey in 2001. In addition, in 2002, the CSO and the Ministry of Labour conducted a national child labour research project for the compilation of qualitative data for the Statistical Information and Monitoring Programme on Child Labour (SIMPOC). The Committee took note of the Government’s efforts to eliminate child labour and to improve school attendance of children. It therefore asks the Government to indicate any development following the statistical surveys recently conducted on child labour, especially the analysis made of the findings and plans or programmes consequently discussed or established for the effective abolition of child labour, and the implementation of related policies and measures.

Article 2, paragraph 1. Scope of application. According to section 164(1) of the Labour Act, no person shall employ a child (a person under the age of 14 years) in a public or private “industrial undertaking” or in a branch thereof. Section 3 of the Shop Act provides for a minimum age to “employment in or about any shop” of 14 years. The Committee reminded the Government that the scope of application of the Convention is not limited to industrial undertakings or shops but to all types of work or employment. The Committee therefore requests the Government to indicate any measures taken or envisaged to ensure the application of the minimum age specified (14 years) to all types of work outside an employment relationship, such as self-employment.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, types of hazardous work. Section 54(1) and (2) of the Labour Act respectively provides that a “child” (a person under the age of 14) 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) 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 (which means a person below the age of 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 section 54(2) of the Labour Act and section 7 of the Families and Children Act, 1998, are of general application. It reminded the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee considered that a general prohibition of hazardous work, without additional measures, is unlikely to have much practical effect. If the types of employment or work which are too hazardous for young persons to perform are not designated specifically, there is usually no way for a young person to be prohibited from performing a particularly dangerous job (see the General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), International Labour Conference, 67th Session, Geneva, 1981, paragraph 225). Therefore, the Committee requests the Government to take the necessary measures to determine the types of work to be considered hazardous, for which the minimum age for employment should be 18 years, in consultation with the organizations of employers and workers concerned, in accordance with Article 3, paragraph 2, of the Convention.

Article 6. 1. Vocational training and apprenticeship. The Committee noted that section 164(2) of the Labour Act authorizes, as an exception to the general established minimum age of 14 years, the employment of children (below 14 years) in technical schools if such work is approved and supervised by a public authority. The Committee observed that section 164(2) of the Labour Code applies to vocational training. It requests the Government to provide information on the system of vocational training and technical education, conditions prescribed by the relevant competent authority, and on the consultations held with employers’ and workers’ organizations concerned, for work done by children authorized as part of vocational or technical education. The Committee also requests the Government to indicate if the national legislation provides for apprenticeship programmes and, if so, to provide information on the minimum age for apprenticeships, and on the conditions governing work done by apprentices.

2. Exercise of manual labour by any detained child. 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.

Article 7, paragraphs 1, 3 and 4. Light work. According to section 169 of the Labour Act, no child shall be employed so long as he is under the age of 12 years; or before the close of school hours on any day on which he is required to attend school; or before 6 a.m. and after 8 p.m. on any day; or for more than two hours on any day on which he is required to attend school; or for more than two hours on any Sunday; or carry or move anything so heavy as to be likely to cause injury to him; or in any occupation likely to be injurious to his life, limb, health or education. However, by virtue of section 170 of the Labour Act, the minister may make regulations with respect to the employment of children and may authorize children below 12 years to do some light agricultural or horticultural work in their parents’ or guardians’ land only. The Committee reminded the Government that, under Article 7, paragraphs 1 and 4, of the Convention, the national laws or regulations may permit the employment or work of persons on light work but only from 12 years of age and under certain conditions that such work is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee therefore requests the Government to take the necessary measures to ensure that the employment of children in light agricultural or horticultural work will be only possible for children who have reached the age of 12 years and under the conditions prescribed by Article 7, paragraph 1, of the Convention. Moreover, the Committee recalls that, by virtue of Article 7, paragraph 3, of the Convention, the competent authority shall determine the types of light work and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. It requests the Government to supply information on the types of light work activities that are permitted by section 169 of the Labour Act for persons from 12 years and above. Finally, the Committee asks the Government to provide information on any regulations made under section 170 of the Labour Act.

Article 9, paragraph 3. Registers of employment. The Committee noted that section 163 of the Labour Act requires every employer in a public or private industrial undertaking to keep a register of the names, dates of birth and hours of work of among others all persons under the age of 18 years employed in that undertaking. Any employer who fails to comply with this provision shall be liable to a fine not exceeding $50 or to imprisonment for a term not exceeding four months. The Committee noted that section 163 of the Labour Act applies to a public or private “industrial” undertaking. It requests the Government to supply information on measures taken or envisaged for the extension of the requirement of keeping a register of the names, dates of birth and hours of work of all persons under the age of 18 years employed to the sectors of economy other than industry.

Part V of the report form. Practical application of the Convention. The Committee noted that, in its concluding observations on the initial report of Belize in May 1999 (CRC/C/15/Add.99, paragraph 28), the Committee on the Rights of the Child expressed its concern on the economic exploitation of children, particularly the situation of immigrant children working in the banana industry. The Committee on the Rights of the Child encouraged the Government to introduce monitoring mechanisms to ensure the enforcement of labour laws and to protect children from economic exploitation. In this regard, it further recommended that the Government undertake a study on the situation of children in hazardous work, especially those employed in the banana industry.

The Committee noted that, according to the 2001 Child Activity Survey, about 10.9 per cent of persons aged 5 years to 17 years were economically active. This amounted to 8,582 persons and, of these, about 5,061 persons or 6.4 per cent of all persons between the ages of 5 years and 17 years were involved in child labour. Although the non-economic activity showed no gender bias, in the case of economic activity in the age group 5–17 years, about twice as many as males (5,799) as females (2,783) were economically active. Child labour also displays a stronger gender bias where three times as many males (3,735) as females (1,326) were involved in child labour. The Child Activity Survey reports that males are at a higher risk of being the victims of child labour in all age groups and the risk increased as the age of the person increased. About 30.5 per cent of the economically active children work in agriculture, which also includes fishing and forestry, 16.3 per cent in services and 15.7 per cent in wholesale/retail trade. Of all child labourers 44.2 per cent are involved in some form of agriculture. According to the report entitled “Child labour in Belize – Qualitative study” prepared for SIMPOC, 2003, child labourers are found throughout the country with higher concentrations in rural agricultural communities and some urban centres. Children are also involved in hazardous work in commercial agriculture and in domestic work. Child labour exists in many forms in the Corozal district with children working as shop assistants, gasoline attendants and sugar cane farmers. In the rural regions, children worked on family plots and businesses after school, on weekends and during vacations and were involved in the citrus, banana and sugar industries as field workers.

In the light of the above information, the Committee asks the Government to provide detailed information on the measures taken to improve the situation of these children. It 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. The Government should also 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 child labour by age group, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, etc. Finally, in reference to the observation made by the Committee on the Rights of the Child in 1999 concerning the situation of immigrant children working in the banana industry, the Committee requests the Government to indicate any measures taken to tackle the problem, for instance, through monitoring mechanisms.

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 1 of the Convention. The Committee notes the Government’s statement that there is no national policy in the country and that, as it is unaware of the true extent of the child labour problem, it is unable to apply any particular methods to resolve this problem. However, according to the information provided by the Government in its second periodic report to the Committee on the Rights of the Child in February 2003 (CRC/C/65/Add.29, paragraphs 239, 246 and 297), in a major effort to address continuing structural weaknesses in the education system and to improve student performance, a ten-year Education Sector Strategy was approved by the Government in 1999 with the overall objective of achieving universal educational access for children between the ages of 3 and 16 years. In the school year 1999 2000, School Community Liaison Officers were established in order to address the problems of non-attendance, including to investigate more persistent instances of non-attendance.

The Committee notes that in its report to the Committee on the Rights of the Child, the Government indicated that, through the Ministry of Labour, it implemented a child labour project called the “Butterfly Project” (2000-01) in the Corozal district. The objective of this project was to eliminate hazardous and exploitative forms of child labour, and to foster improved school participation by children below 14 years, and to ensure that working children were not exploited and were guaranteed appropriate working hours and proper wages. This project placed 25 children back in primary school and awarded ten scholarships. Moreover, the Committee notes with interest that the Central Statistical Office (CSO) conducted a Child Activity Survey in 2001. In addition, in 2002, the CSO and the Ministry of Labour conducted a national child labour research project for the compilation of qualitative data for the Statistical Information and Monitoring Programme on Child Labour (SIMPOC). The Committee takes note of the Government’s efforts to eliminate child labour and to improve school attendance of children. It therefore asks the Government to indicate any development following the statistical surveys recently conducted on child labour, especially the analysis made of the findings and plans or programmes consequently discussed or established for the effective abolition of child labour, and the implementation of related policies and measures.

Article 2, paragraph 1. Scope of application. According to section 164(1) of the Labour Act, no person shall employ a child (a person under the age of 14 years) in a public or private “industrial undertaking” or in a branch thereof. Section 3 of the Shop Act provides for a minimum age to “employment in or about any shop” of 14 years. The Committee reminds the Government that the scope of application of the Convention is not limited to industrial undertakings or shops but to all types of work or employment. The Committee therefore requests the Government to indicate any measures taken or envisaged to ensure the application of the minimum age specified (14 years) to all types of work outside an employment relationship, such as self-employment.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, types of hazardous work. Section 54(1) and (2) of the Labour Act respectively provides that a “child” (a person under the age of 14) 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) 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 (which means a person below the age of 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 section 54(2) of the Labour Act and section 7 of the Families and Children Act, 1998, are of general application. It reminds the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee considers that a general prohibition of hazardous work, without additional measures, is unlikely to have much practical effect. If the types of employment or work which are too hazardous for young persons to perform are not designated specifically, there is usually no way for a young person to be prohibited from performing a particularly dangerous job (see the General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), International Labour Conference, 67th Session, Geneva, 1981, paragraph 225). Therefore, the Committee requests the Government to take the necessary measures to determine the types of work to be considered hazardous, for which the minimum age for employment should be 18 years, in consultation with the organizations of employers and workers concerned, in accordance with Article 3, paragraph 2, of the Convention.

Article 6. 1. Vocational training and apprenticeship. The Committee notes that section 164(2) of the Labour Act authorizes, as an exception to the general established minimum age of 14 years, the employment of children (below 14 years) in technical schools if such work is approved and supervised by a public authority. The Committee observes that section 164(2) of the Labour Code applies to vocational training. It requests the Government to provide information on the system of vocational training and technical education, conditions prescribed by the relevant competent authority, and on the consultations held with employers’ and workers’ organizations concerned, for work done by children authorized as part of vocational or technical education. The Committee also requests the Government to indicate if the national legislation provides for apprenticeship programmes and, if so, to provide information on the minimum age for apprenticeships, and on the conditions governing work done by apprentices.

2. Exercise of manual labour by any detained child. 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.

Article 7, paragraphs 1, 3 and 4. Light work. According to section 169 of the Labour Act, no child shall be employed so long as he is under the age of 12 years; or before the close of school hours on any day on which he is required to attend school; or before 6 a.m. and after 8 p.m. on any day; or for more than two hours on any day on which he is required to attend school; or for more than two hours on any Sunday; or carry or move anything so heavy as to be likely to cause injury to him; or in any occupation likely to be injurious to his life, limb, health or education. However, by virtue of section 170 of the Labour Act, the minister may make regulations with respect to the employment of children and may authorize children below 12 years to do some light agricultural or horticultural work in their parents’ or guardians’ land only. The Committee reminds the Government that, under Article 7, paragraphs 1 and 4, of the Convention, the national laws or regulations may permit the employment or work of persons on light work but only from 12 years of age and under certain conditions that such work is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee therefore requests the Government to take the necessary measures to ensure that the employment of children in light agricultural or horticultural work will be only possible for children who have reached the age of 12 years and under the conditions prescribed by Article 7, paragraph 1, of the Convention. Moreover, the Committee recalls that, by virtue of Article 7, paragraph 3, of the Convention, the competent authority shall determine the types of light work and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. It requests the Government to supply information on the types of light work activities that are permitted by section 169 of the Labour Act for persons from 12 years and above. Finally, the Committee asks the Government to provide information on any regulations made under section 170 of the Labour Act.

Article 9, paragraph 3. Registers of employment. The Committee notes that section 163 of the Labour Act requires every employer in a public or private industrial undertaking to keep a register of the names, dates of birth and hours of work of among others all persons under the age of 18 years employed in that undertaking. Any employer who fails to comply with this provision shall be liable to a fine not exceeding $50 or to imprisonment for a term not exceeding four months. The Committee notes that section 163 of the Labour Act applies to a public or private “industrial” undertaking. It requests the Government to supply information on measures taken or envisaged for the extension of the requirement of keeping a register of the names, dates of birth and hours of work of all persons under the age of 18 years employed to the sectors of economy other than industry.

Part V of the report form. Practical application of the Convention. The Committee notes that, in its concluding observations on the initial report of Belize in May 1999 (CRC/C/15/Add.99, paragraph 28), the Committee on the Rights of the Child expressed its concern on the economic exploitation of children, particularly the situation of immigrant children working in the banana industry. The Committee on the Rights of the Child encouraged the Government to introduce monitoring mechanisms to ensure the enforcement of labour laws and to protect children from economic exploitation. In this regard, it further recommended that the Government undertake a study on the situation of children in hazardous work, especially those employed in the banana industry.

The Committee notes that, according to the 2001 Child Activity Survey, about 10.9 per cent of persons aged 5 years to 17 years were economically active. This amounted to 8,582 persons and, of these, about 5,061 persons or 6.4 per cent of all persons between the ages of 5 years and 17 years were involved in child labour. Although the non-economic activity showed no gender bias, in the case of economic activity in the age group 5-17 years, about twice as many as males (5,799) as females (2,783) were economically active. Child labour also displays a stronger gender bias where three times as many males (3,735) as females (1,326) were involved in child labour. The Child Activity Survey reports that males are at a higher risk of being the victims of child labour in all age groups and the risk increased as the age of the person increased. About 30.5 per cent of the economically active children work in agriculture, which also includes fishing and forestry, 16.3 per cent in services and 15.7 per cent in wholesale/retail trade. Of all child labourers 44.2 per cent are involved in some form of agriculture. According to the report entitled “Child labour in Belize – Qualitative study” prepared for SIMPOC, 2003, child labourers are found throughout the country with higher concentrations in rural agricultural communities and some urban centres. Children are also involved in hazardous work in commercial agriculture and in domestic work. Child labour exists in many forms in the Corozal district with children working as shop assistants, gasoline attendants and sugar cane farmers. In the rural regions, children worked on family plots and businesses after school, on weekends and during vacations and were involved in the citrus, banana and sugar industries as field workers.

In the light of the above information, the Committee asks the Government to provide detailed information on the measures taken to improve the situation of these children. It 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. The Government should also 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 child labour by age group, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, etc. Finally, in reference to the observation made by the Committee on the Rights of the Child in 1999 concerning the situation of immigrant children working in the banana industry, the Committee requests the Government to indicate any measures taken to tackle the problem, for instance, through monitoring mechanisms.

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 direct request, which read as follows:

Article 1 of the Convention. The Committee notes the Government’s statement that there is no national policy in the country and that, as it is unaware of the true extent of the child labour problem, it is unable to apply any particular methods to resolve this problem. However, according to the information provided by the Government in its second periodic report to the Committee on the Rights of the Child in February 2003 (CRC/C/65/Add.29, paragraphs 239, 246 and 297), in a major effort to address continuing structural weaknesses in the education system and to improve student performance, a ten-year Education Sector Strategy was approved by the Government in 1999 with the overall objective of achieving universal educational access for children between the ages of 3 and 16 years. In the school year 1999 2000, School Community Liaison Officers were established in order to address the problems of non-attendance, including to investigate more persistent instances of non-attendance.

The Committee notes that in its report to the Committee on the Rights of the Child, the Government indicated that, through the Ministry of Labour, it implemented a child labour project called the "Butterfly Project" (2000-01) in the Corozal district. The objective of this project was to eliminate hazardous and exploitative forms of child labour, and to foster improved school participation by children below 14 years, and to ensure that working children were not exploited and were guaranteed appropriate working hours and proper wages. This project placed 25 children back in primary school and awarded ten scholarships. Moreover, the Committee notes with interest that the Central Statistical Office (CSO) conducted a Child Activity Survey in 2001. In addition, in 2002, the CSO and the Ministry of Labour conducted a national child labour research project for the compilation of qualitative data for the Statistical Information and Monitoring Programme on Child Labour (SIMPOC). The Committee takes note of the Government’s efforts to eliminate child labour and to improve school attendance of children. It therefore asks the Government to indicate any development following the statistical surveys recently conducted on child labour, especially the analysis made of the findings and plans or programmes consequently discussed or established for the effective abolition of child labour, and the implementation of related policies and measures.

Article 2, paragraphs 1 and 4. 1. Minimum age for admission to employment or work. The Committee notes that, at the time of ratification, the Government specified a minimum age of 14 years for admission to employment or work within its territory and means of transport registered in its territory (as permitted under Article 2, paragraph 4, of the Convention). It requests the Government to indicate whether employers’ and workers’ organizations were previously consulted for initially specifying a minimum age of 14 years, as required by Article 2, paragraph 4, of the Convention. Moreover, the Committee draws the Government’s attention to Article 2, paragraph 5, of the Convention, according to which each Member which has specified a minimum age of 14 years shall include in its further reports on the application of this Convention submitted under article 22 of the Constitution of the International Labour Organization a statement that: its reason for doing so subsists; or it renounces its right to avail itself of the provisions in question as from a stated date.

2. Scope of application. According to section 164(1) of the Labour Act, no person shall employ a child (a person under the age of 14 years) in a public or private "industrial undertaking" or in a branch thereof. Section 3 of the Shop Act provides for a minimum age to "employment in or about any shop" of 14 years. The Committee reminds the Government that the scope of application of the Convention is not limited to industrial undertakings or shops but to all types of work or employment. The Committee therefore requests the Government to indicate any measures taken or envisaged to ensure the application of the minimum age specified (14 years) to all types of work outside an employment relationship, such as self-employment.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, types of hazardous work. Section 54(1) and (2) of the Labour Act respectively provides that a "child" (a person under the age of 14) 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) 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 (which means a person below the age of 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 section 54(2) of the Labour Act and section 7 of the Families and Children Act, 1998, are of general application. It reminds the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee considers that a general prohibition of hazardous work, without additional measures, is unlikely to have much practical effect. If the types of employment or work which are too hazardous for young persons to perform are not designated specifically, there is usually no way for a young person to be prohibited from performing a particularly dangerous job (see the General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), International Labour Conference, 67th Session, Geneva, 1981, paragraph 225). Therefore, the Committee requests the Government to take the necessary measures to determine the types of work to be considered hazardous, for which the minimum age for employment should be 18 years, in consultation with the organizations of employers and workers concerned, in accordance with Article 3, paragraph 2, of the Convention.

Article 6. 1. Vocational training and apprenticeship. The Committee notes that section 164(2) of the Labour Act authorizes, as an exception to the general established minimum age of 14 years, the employment of children (below 14 years) in technical schools if such work is approved and supervised by a public authority. The Committee observes that section 164(2) of the Labour Code applies to vocational training. It requests the Government to provide information on the system of vocational training and technical education, conditions prescribed by the relevant competent authority, and on the consultations held with employers’ and workers’ organizations concerned, for work done by children authorized as part of vocational or technical education. The Committee also requests the Government to indicate if the national legislation provides for apprenticeship programmes and, if so, to provide information on the minimum age for apprenticeships, and on the conditions governing work done by apprentices.

2. Exercise of manual labour by any detained child. 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.

Article 7, paragraphs 1, 3 and 4. Light work. According to section 169 of the Labour Act, no child shall be employed so long as he is under the age of 12 years; or before the close of school hours on any day on which he is required to attend school; or before 6 a.m. and after 8 p.m. on any day; or for more than two hours on any day on which he is required to attend school; or for more than two hours on any Sunday; or carry or move anything so heavy as to be likely to cause injury to him; or in any occupation likely to be injurious to his life, limb, health or education. However, by virtue of section 170 of the Labour Act, the minister may make regulations with respect to the employment of children and may authorize children below 12 years to do some light agricultural or horticultural work in their parents’ or guardians’ land only. The Committee reminds the Government that, under Article 7, paragraphs 1 and 4, of the Convention, the national laws or regulations may permit the employment or work of persons on light work but only from 12 years of age and under certain conditions that such work is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee therefore requests the Government to take the necessary measures to ensure that the employment of children in light agricultural or horticultural work will be only possible for children who have reached the age of 12 years and under the conditions prescribed by Article 7, paragraph 1, of the Convention. Moreover, the Committee recalls that, by virtue of Article 7, paragraph 3, of the Convention, the competent authority shall determine the types of light work and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. It requests the Government to supply information on the types of light work activities that are permitted by section 169 of the Labour Act for persons from 12 years and above. Finally, the Committee asks the Government to provide information on any regulations made under section 170 of the Labour Act.

Article 8. Artistic performances. The Committee notes that, according to the Government’s report, no use has been made of the exceptions permitted by this Article by way of legislation. Noting the absence of legislative provisions allowing the participation of children below the general minimum age of 14 years in artistic performances, the Committee draws the Government’s attention to the possibility under Article 8 of the Convention of establishing a system of individual permits for children under the general minimum age who work in activities such as artistic performances, if these are performed in practice. The Committee requests the Government to provide information on whether children under the age of 14 years appear in activities such as artistic performances in practice.

Article 9, paragraphs 1 and 2. Appropriate penalties and persons responsible for compliance with the Convention. The Committee notes that section 172(1) of the Labour Act sets out the penalties for violations of the provisions with regard to the employment of children contained in Part XV. In this regard, this provision 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 case of a second or subsequent offence to a fine not exceeding $50 (US$25.5) or to imprisonment for a term not exceeding four months. The Committee observes that the Education Act also contains penalties to ensure the effective enforcement of the provisions of the Convention. According to section 34 of the Education Act, every parent who fails to comply with the requirements of a School Attendance Order or fails to take effective measures to ensure the regular attendance of his child who is a registered pupil at a school shall be liable on summary conviction to a fine not exceeding $100 (US$51).

Paragraph 3. Registers of employment. The Committee notes that section 163 of the Labour Act requires every employer in a public or private industrial undertaking to keep a register of the names, dates of birth and hours of work of among others all persons under the age of 18 years employed in that undertaking. Any employer who fails to comply with this provision shall be liable to a fine not exceeding $50 or to imprisonment for a term not exceeding four months. The Committee notes that section 163 of the Labour Act applies to a public or private "industrial" undertaking. It requests the Government to supply information on measures taken or envisaged for the extension of the requirement of keeping a register of the names, dates of birth and hours of work of all persons under the age of 18 years employed to the sectors of economy other than industry.

Part III of the report form. The Committee notes the Government’s statement according to which the Labour Department is the authority entrusted with the application of the legislation giving effect to the provisions of the Convention, and is made effective through regular inspections and advisory services. It also notes that by virtue of section 4 of the Labour Act, it shall be the duty of the Labour Commissioner to ensure the due enforcement of this Act and 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 visit centres of employment and institute inquiries and inspections as instructed by the Labour Commissioner. Moreover, according to section 10, any labour officer may enter freely and without prior 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.

Part V of the report form. Practical application of the Convention. The Committee notes that, in its concluding observations on the initial report of Belize in May 1999 (CRC/C/15/Add.99, paragraph 28), the Committee on the Rights of the Child expressed its concern on the economic exploitation of children, particularly the situation of immigrant children working in the banana industry. The Committee on the Rights of the Child encouraged the Government to introduce monitoring mechanisms to ensure the enforcement of labour laws and to protect children from economic exploitation. In this regard, it further recommended that the Government undertake a study on the situation of children in hazardous work, especially those employed in the banana industry.

The Committee notes that, according to the 2001 Child Activity Survey, about 10.9 per cent of persons aged 5 years to 17 years were economically active. This amounted to 8,582 persons and, of these, about 5,061 persons or 6.4 per cent of all persons between the ages of 5 years and 17 years were involved in child labour. Although the non-economic activity showed no gender bias, in the case of economic activity in the age group 5-17 years, about twice as many as males (5,799) as females (2,783) were economically active. Child labour also displays a stronger gender bias where three times as many males (3,735) as females (1,326) were involved in child labour. The Child Activity Survey reports that males are at a higher risk of being the victims of child labour in all age groups and the risk increased as the age of the person increased. About 30.5 per cent of the economically active children work in agriculture, which also includes fishing and forestry, 16.3 per cent in services and 15.7 per cent in wholesale/retail trade. Of all child labourers 44.2 per cent are involved in some form of agriculture. According to the report entitled "Child labour in Belize - Qualitative study" prepared for SIMPOC, 2003, child labourers are found throughout the country with higher concentrations in rural agricultural communities and some urban centres. Children are also involved in hazardous work in commercial agriculture and in domestic work. Child labour exists in many forms in the Corozal district with children working as shop assistants, gasoline attendants and sugar cane farmers. In the rural regions, children worked on family plots and businesses after school, on weekends and during vacations and were involved in the citrus, banana and sugar industries as field workers.

In the light of the above information, the Committee asks the Government to provide detailed information on the measures taken to improve the situation of these children. It 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. The Government should also 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 child labour by age group, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, etc. Finally, in reference to the observation made by the Committee on the Rights of the Child in 1999 concerning the situation of immigrant children working in the banana industry, the Committee requests the Government to indicate any measures taken to tackle the problem, for instance, through monitoring mechanisms.

CMNT_TITLE

The Committee takes note of the Government’s first report.

Article 1 of the Convention. The Committee notes the Government’s statement that there is no national policy in the country and that, as it is unaware of the true extent of the child labour problem, it is unable to apply any particular methods to resolve this problem. However, according to the information provided by the Government in its second periodic report to the Committee on the Rights of the Child in February 2003 (CRC/C/65/Add.29, paragraphs 239, 246 and 297), in a major effort to address continuing structural weaknesses in the education system and to improve student performance, a ten-year Education Sector Strategy was approved by the Government in 1999 with the overall objective of achieving universal educational access for children between the ages of 3 and 16 years. In the school year 1999-2000, School Community Liaison Officers were established in order to address the problems of non-attendance, including to investigate more persistent instances of non-attendance.

The Committee notes that in its report to the Committee on the Rights of the Child, the Government indicated that, through the Ministry of Labour, it implemented a child labour project called the "Butterfly Project" (2000-01) in the Corozal district. The objective of this project was to eliminate hazardous and exploitative forms of child labour, and to foster improved school participation by children below 14 years, and to ensure that working children were not exploited and were guaranteed appropriate working hours and proper wages. This project placed 25 children back in primary school and awarded ten scholarships. Moreover, the Committee notes with interest that the Central Statistical Office (CSO) conducted a Child Activity Survey in 2001. In addition, in 2002, the CSO and the Ministry of Labour conducted a national child labour research project for the compilation of qualitative data for the Statistical Information and Monitoring Programme on Child Labour (SIMPOC). The Committee takes note of the Government’s efforts to eliminate child labour and to improve school attendance of children. It therefore asks the Government to indicate any development following the statistical surveys recently conducted on child labour, especially the analysis made of the findings and plans or programmes consequently discussed or established for the effective abolition of child labour, and the implementation of related policies and measures.

Article 2, paragraphs 1 and 4. 1. Minimum age for admission to employment or work. The Committee notes that, at the time of ratification, the Government specified a minimum age of 14 years for admission to employment or work within its territory and means of transport registered in its territory (as permitted under Article 2, paragraph 4, of the Convention). It requests the Government to indicate whether employers’ and workers’ organizations were previously consulted for initially specifying a minimum age of 14 years, as required by Article 2, paragraph 4, of the Convention. Moreover, the Committee draws the Government’s attention to Article 2, paragraph 5, of the Convention, according to which each Member which has specified a minimum age of 14 years shall include in its further reports on the application of this Convention submitted under article 22 of the Constitution of the International Labour Organization a statement that: its reason for doing so subsists; or it renounces its right to avail itself of the provisions in question as from a stated date.

2. Scope of application. According to section 164(1) of the Labour Act, no person shall employ a child (a person under the age of 14 years) in a public or private "industrial undertaking" or in a branch thereof. Section 3 of the Shop Act provides for a minimum age to "employment in or about any shop" of 14 years. The Committee reminds the Government that the scope of application of the Convention is not limited to industrial undertakings or shops but to all types of work or employment. The Committee therefore requests the Government to indicate any measures taken or envisaged to ensure the application of the minimum age specified (14 years) to all types of work outside an employment relationship, such as self-employment.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, types of hazardous work. Section 54(1) and (2) of the Labour Act respectively provides that a "child" (a person under the age of 14) 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) 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 (which means a person below the age of 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 section 54(2) of the Labour Act and section 7 of the Families and Children Act, 1998, are of general application. It reminds the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee considers that a general prohibition of hazardous work, without additional measures, is unlikely to have much practical effect. If the types of employment or work which are too hazardous for young persons to perform are not designated specifically, there is usually no way for a young person to be prohibited from performing a particularly dangerous job (see the General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), International Labour Conference, 67th Session, Geneva, 1981, paragraph 225). Therefore, the Committee requests the Government to take the necessary measures to determine the types of work to be considered hazardous, for which the minimum age for employment should be 18 years, in consultation with the organizations of employers and workers concerned, in accordance with Article 3, paragraph 2, of the Convention.

Article 6. 1. Vocational training and apprenticeship. The Committee notes that section 164(2) of the Labour Act authorizes, as an exception to the general established minimum age of 14 years, the employment of children (below 14 years) in technical schools if such work is approved and supervised by a public authority. The Committee observes that section 164(2) of the Labour Code applies to vocational training. It requests the Government to provide information on the system of vocational training and technical education, conditions prescribed by the relevant competent authority, and on the consultations held with employers’ and workers’ organizations concerned, for work done by children authorized as part of vocational or technical education. The Committee also requests the Government to indicate if the national legislation provides for apprenticeship programmes and, if so, to provide information on the minimum age for apprenticeships, and on the conditions governing work done by apprentices.

2. Exercise of manual labour by any detained child. 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.

Article 7, paragraphs 1, 3 and 4. Light work. According to section 169 of the Labour Act, no child shall be employed so long as he is under the age of 12 years; or before the close of school hours on any day on which he is required to attend school; or before 6 a.m. and after 8 p.m. on any day; or for more than two hours on any day on which he is required to attend school; or for more than two hours on any Sunday; or carry or move anything so heavy as to be likely to cause injury to him; or in any occupation likely to be injurious to his life, limb, health or education. However, by virtue of section 170 of the Labour Act, the minister may make regulations with respect to the employment of children and may authorize children below 12 years to do some light agricultural or horticultural work in their parents’ or guardians’ land only. The Committee reminds the Government that, under Article 7, paragraphs 1 and 4, of the Convention, the national laws or regulations may permit the employment or work of persons on light work but only from 12 years of age and under certain conditions that such work is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee therefore requests the Government to take the necessary measures to ensure that the employment of children in light agricultural or horticultural work will be only possible for children who have reached the age of 12 years and under the conditions prescribed by Article 7, paragraph 1, of the Convention. Moreover, the Committee recalls that, by virtue of Article 7, paragraph 3, of the Convention, the competent authority shall determine the types of light work and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. It requests the Government to supply information on the types of light work activities that are permitted by section 169 of the Labour Act for persons from 12 years and above. Finally, the Committee asks the Government to provide information on any regulations made under section 170 of the Labour Act.

Article 8. Artistic performances. The Committee notes that, according to the Government’s report, no use has been made of the exceptions permitted by this Article by way of legislation. Noting the absence of legislative provisions allowing the participation of children below the general minimum age of 14 years in artistic performances, the Committee draws the Government’s attention to the possibility under Article 8 of the Convention of establishing a system of individual permits for children under the general minimum age who work in activities such as artistic performances, if these are performed in practice. The Committee requests the Government to provide information on whether children under the age of 14 years appear in activities such as artistic performances in practice.

Article 9, paragraphs 1 and 2. Appropriate penalties and persons responsible for compliance with the Convention. The Committee notes that section 172(1) of the Labour Act sets out the penalties for violations of the provisions with regard to the employment of children contained in Part XV. In this regard, this provision 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 case of a second or subsequent offence to a fine not exceeding $50 (US$25.5) or to imprisonment for a term not exceeding four months. The Committee observes that the Education Act also contains penalties to ensure the effective enforcement of the provisions of the Convention. According to section 34 of the Education Act, every parent who fails to comply with the requirements of a School Attendance Order or fails to take effective measures to ensure the regular attendance of his child who is a registered pupil at a school shall be liable on summary conviction to a fine not exceeding $100 (US$51).

Paragraph 3. Registers of employment. The Committee notes that section 163 of the Labour Act requires every employer in a public or private industrial undertaking to keep a register of the names, dates of birth and hours of work of among others all persons under the age of 18 years employed in that undertaking. Any employer who fails to comply with this provision shall be liable to a fine not exceeding $50 or to imprisonment for a term not exceeding four months. The Committee notes that section 163 of the Labour Act applies to a public or private "industrial" undertaking. It requests the Government to supply information on measures taken or envisaged for the extension of the requirement of keeping a register of the names, dates of birth and hours of work of all persons under the age of 18 years employed to the sectors of economy other than industry.

Part III of the report form. The Committee notes the Government’s statement according to which the Labour Department is the authority entrusted with the application of the legislation giving effect to the provisions of the Convention, and is made effective through regular inspections and advisory services. It also notes that by virtue of section 4 of the Labour Act, it shall be the duty of the Labour Commissioner to ensure the due enforcement of this Act and 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 visit centres of employment and institute inquiries and inspections as instructed by the Labour Commissioner. Moreover, according to section 10, any labour officer may enter freely and without prior 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.

Part V of the report form. Practical application of the Convention. The Committee notes that, in its concluding observations on the initial report of Belize in May 1999 (CRC/C/15/Add.99, paragraph 28), the Committee on the Rights of the Child expressed its concern on the economic exploitation of children, particularly the situation of immigrant children working in the banana industry. The Committee on the Rights of the Child encouraged the Government to introduce monitoring mechanisms to ensure the enforcement of labour laws and to protect children from economic exploitation. In this regard, it further recommended that the Government undertake a study on the situation of children in hazardous work, especially those employed in the banana industry.

The Committee notes that, according to the 2001 Child Activity Survey, about 10.9 per cent of persons aged 5 years to 17 years were economically active. This amounted to 8,582 persons and, of these, about 5,061 persons or 6.4 per cent of all persons between the ages of 5 years and 17 years were involved in child labour. Although the non-economic activity showed no gender bias, in the case of economic activity in the age group 5-17 years, about twice as many as males (5,799) as females (2,783) were economically active. Child labour also displays a stronger gender bias where three times as many males (3,735) as females (1,326) were involved in child labour. The Child Activity Survey reports that males are at a higher risk of being the victims of child labour in all age groups and the risk increased as the age of the person increased. About 30.5 per cent of the economically active children work in agriculture, which also includes fishing and forestry, 16.3 per cent in services and 15.7 per cent in wholesale/retail trade. Of all child labourers 44.2 per cent are involved in some form of agriculture. According to the report entitled "Child labour in Belize - Qualitative study" prepared for SIMPOC, 2003, child labourers are found throughout the country with higher concentrations in rural agricultural communities and some urban centres. Children are also involved in hazardous work in commercial agriculture and in domestic work. Child labour exists in many forms in the Corozal district with children working as shop assistants, gasoline attendants and sugar cane farmers. In the rural regions, children worked on family plots and businesses after school, on weekends and during vacations and were involved in the citrus, banana and sugar industries as field workers.

In the light of the above information, the Committee asks the Government to provide detailed information on the measures taken to improve the situation of these children. It 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. The Government should also 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 child labour by age group, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, etc. Finally, in reference to the observation made by the Committee on the Rights of the Child in 1999 concerning the situation of immigrant children working in the banana industry, the Committee requests the Government to indicate any measures taken to tackle the problem, for instance, through monitoring mechanisms.