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

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Belice (Ratificación : 2000)

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

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

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

Under section 71 of the Labour Act, a child or young person cannot be recruited, but a young person who has attained the age of 16 years may be recruited as an exception with permission from the Labour Commissioner and with the consent of his parents for light employment subject to certain conditions. According to section 65 of the Labour Act, the term “recruit” means to obtain or supply or attempt to obtain or supply the labour of “persons who do not spontaneously offer their services” at the places of employment or at an office established by the Government or by an employers’ organization with the approval of the Minister for the purpose of receiving applications for employment. The Committee requests the Government to indicate what the expression “persons who do not spontaneously offer their services” means and to provide information on the application in practice of section 71 of the Labour Act concerning the possible recruitment of a young person who has attained the age of 16 years.

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

Clause (b). 1. Use, procuring or offering of a child for prostitution. Section 47 of the Criminal Code imposes penalties on any person who procures or attempts to procure: (a) any female to become, either within or outside Belize, a common prostitute; (b) any female to leave Belize with intent that she may become an inmate of, or frequent, a brothel; or (c) either within or outside Belize any female to leave her usual place of abode in Belize (such place not being a brothel), with intent that she may, for the purposes of prostitution, become an inmate of, or frequent, a brothel either within or outside Belize. The Committee observes that section 47 of the Criminal Code concerning prostitution only covers the cases where the child in question is a female. It therefore asks the Government to indicate the measures taken or envisaged to secure the prohibition of the use, procuring or offering of boys under the age of 18 years for prostitution.

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

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee observed that there appear to be no provisions in the national legislation prohibiting the use, procuring or offering of a child for the production and trafficking of drugs. It reminded the Government that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government to take necessary measures to prohibit the use, procuring or offering of a child for illicit activities, in particular for the trafficking of drugs as defined in the relevant international treaties, and sanctions envisaged.

Clause (d). Hazardous work. Section 54(1) and (2) of the Labour Act provides that a child (a person under the age of 14 years) shall not be capable of entering into a contract and a young person (a person who has attained the age of 14 years but is under 18 years) shall not be capable of entering into a contract except for employment in an occupation approved by a labour officer as not being injurious to the moral or physical development of non-adults. According to section 7 of the Families and Children Act, 1998, subject to the provisions of the Labour Act and the District Courts (Procedure) Act, no child (below 18 years) shall be employed or engaged in any activity that may be detrimental to his health, education, mental, physical or moral development. The Committee noted more specifically that section 161(1)(b) of the Labour Act prohibits the employment of persons under the age of 18 years in a public or private industrial undertaking during the night; section 167 of the Labour Act prohibits the employment of young persons on any vessel as a trimmer or stoker; and section 5 of the Mines and Minerals Regulation No. 33/1994 prohibits the employment of persons under 18 years of age in a mine. The Committee observed that the Labour Act covers work done under an employment contract, and that section 7 of the Families and Children Act, 1998, by referring to the Labour Act and the District Courts (Procedure) Act, also seems to apply to work done under an employment contract. The Committee requests the Government to provide information on the manner in which children under 18 years of age who are not bound by a contract of employment, such as self‑employed workers, are protected from work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

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

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee noted the Government’s statement that, as a consequence of the survey carried out by IPEC/SIMPOC in 2003, to determine the extent of the worst forms of child labour in Belize, programmes of actions will be designed and implemented. Consequently, the Committee requests the Government to provide information on the elaboration of any programmes of action to eliminate the worst forms of child labour, and to indicate the measures adopted for the implementation of such programmes, in consultation with employers’ and workers’ organizations. In particular, it requests the Government to provide information on the analysis of the findings of the recent survey carried out with the assistance of IPEC/SIMPOC, namely “Child labour in Belize: A qualitative study” and “Child labour in Belize: A statistical report” and steps taken accordingly.

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

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

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

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

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

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