Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Abolition of Forced Labour Convention, 1957 (No. 105) - Belize (Ratification: 1983)

Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. In its previous comments, the Committee noted that section 60(1) and (3) of the Harbours and Merchant Shipping Act, Chapter 234 (revised edition, 2000) provided for penalties of imprisonment for breaches of discipline such as desertion or absence without leave and disobedience, and that deserted seafarers may be forcibly returned on board ship. The Committee noted that by virtue of section 66 of the Prison Rules, Chapter 110, every convicted prisoner has the obligation to perform labour. The Committee recalled that the imposition of sanctions involving compulsory labour in relation to disciplinary offences should be limited to acts tending to endanger the ship or the life or health of persons. The Committee also pointed out that provisions under which seafarers may be forcibly returned on board ship to perform their duties are incompatible with this Convention. Therefore, it requested the Government to take measures to bring the Harbours and Merchant Shipping Act, into conformity with the Convention. The Committee notes with satisfaction that section 60 of the Harbours and Merchant Shipping Act (Chapter 234) was repealed by the Act No. 11 of 2007.

Article 1(c) and (d). Penalties involving compulsory labour as a punishment for having participated in strikes. For a number of years, the Committee has referred to section 35 (2) of the Trade Unions Act, Chapter 300, according to which a person employed for the provision of a public service (electricity, water, railway, health, sanitary or medical service, communication or any other services declared by the Minister to be a public service), who wilfully or maliciously breaks his/her contractual obligations knowing or having reasonable cause to believe that the probable consequences of his/her so doing, either alone or in combination with others, will be to cause injury or danger or grave inconvenience to the community, commits an offence and is liable to imprisonment.

The Committee observed that section 35(2) of the Trade Unions Act provides for prison sanctions involving compulsory labour in relation to acts that will not only cause injury or danger to the community but, alternatively, will cause grave inconvenience to the community, and applies to a large range of public services that are not limited to services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. The Committee recalled in this respect that the imposition of sanctions involving compulsory labour as a punishment for breaches of labour discipline or for having participated in strikes is incompatible with the Convention.

The Committee notes the Government’s indication in its report that the Labour Advisory Board was reactivated to revise national legislation in order to bring it into conformity with international labour Conventions. Thus, the Committee once again requests the Government to take the necessary measures to review section 35 (2) of the Trade Unions Act in order to bring the legislation into conformity with the Convention and ensure that no sanctions involving compulsory labour could be imposed as a punishment for breaches of labour discipline that do not endanger the life, personal safety or health of the whole or part of the population, or for peaceful participation in strikes. The Committee requests the Government to provide information on any progress made in this respect and encourages the Government to avail itself of ILO technical assistance in this regard.

The Committee is raising other points in a request addressed directly to the Government.