Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

Convenio sobre la edad mínima, 1973 (núm. 138) - Belice (Ratificación : 2000)

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.