Solicitud directa (CEACR) - Adopción: 2021, Publicación: 110ª reunión CIT (2022)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Belice (Ratificación : 1983)

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.

Articles 1(1) and 2(1). Obligation to maintain oneself by work enforceable with penalties of imprisonment. In previous comments, the Committee noted that sections 4(1) (xxix) and 4 (9) of the Summary Jurisdiction (Offences) Ordinance, Chapter 98, read together, provide that a person who being able wholly or in part to maintain himself wilfully refuses or neglects to do so, is guilty of a petty offence and is liable to imprisonment. In this regard, the Committee recalled that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention if enforced by any penalty. While noting the Government’s indication that no prosecution had been carried out under section 4(1) (xxix) of the Ordinance, the Committee requested the Government to bring its legislation into conformity with the Convention and the indicated practice. The Committee once again requests the Government to take the necessary measures to repeal section 4(1) (xxix) of the Summary Jurisdiction (Offences) Ordinance.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the practical application of the anti-trafficking legislation, including on any difficulties encountered in relation to the prosecution of perpetrators. The Committee notes the adoption of the Trafficking in persons (prohibition) Act, 2013, which applies to all forms of trafficking in persons, whether national or transnational and whether or not connected with an organized criminal group or network. According to section 11(1) of the Act, a person who engages in, conspires to engage in or attempts to engage in, or assists another person to engage in, or organizes or directs another person to engage in, trafficking in persons (both for labour and commercial sexual exploitation) commits an offence and is liable to imprisonment for eight years. The Committee welcomes the fact that section 5 of the Act establishes the Anti-Trafficking in Persons Council (ATIP’s Council) and that, according to section 6, the Council is tasked mainly with coordinating the implementation of the Act, and formulating policies and programmes to prevent or suppress trafficking, including a national action plan on the prevention and suppression of trafficking in persons. The Committee also notes that in its 2018 concluding observations, the United Nations Human Rights Committee expressed concern at the prevalence of trafficking of women combined with low rates of prosecution and sanctioning of traffickers and identification of victims. It also expressed concerned at credible allegations of tolerance for and complicity in officials in human trafficking-related offences and impunity for such acts (CCPR/C/BLZ/CO/1/Add.1, para. 38). The Committee further notes from the 2018 Government’s report to the United Nations Human Rights Council, that in 2018 a Trafficking in Persons Unit was established within the Belize Police Department; and that the ATIP’s Council and the Belize Police Department have conducted trainings to build the capacities of police officers on human trafficking. The ATIP’s Council has also collaborated with other international organizations to train private employers in the tourism sector on the identification of victims of human trafficking (A/HRC/WG.6/31/BLZ/1 paragraphs 32 and 33). The Committee takes note of the efforts undertaken by the Government in combatting trafficking in persons, and requests it to take the necessary measures to ensure that cases of trafficking in persons, both for labour and sexual exploitation, are identified, proper investigations carried out, and prosecutions initiated. In this regard, the Committee requests the Government to provide information on the application in practice of section 11(1) of the Trafficking in Persons (Prohibition) Act, 2013, including on the number of prosecutions, convictions and penalties applied, as well as on the difficulties encountered by the competent authorities in that respect. Finally, the Committee requests the Government to provide specific information on the activities of the Anti-Trafficking in Persons Council indicating whether a national action plan on the prevention and suppression of trafficking in persons has been adopted, as provided for in section 6 of the Trafficking in Persons (Prohibition) Act, and the measures contemplated to protect and assist victims.

Article 2(2)(c). Prison labour. The Committee notes that section 66 of the Prison Rules, Chapter 110 provides that every convicted prisoner shall be employed on useful work for not more than ten hours a day of which, so far as practicable, at least eight hours shall be spent in associated or other work outside the cells. According to section 69(1) of the Prison Rules, the Superintendent of Prisons must authorize the type of work assigned to the prisoners. The Committee further notes that pursuant to section 63(9), the Minister responsible for prisons can authorize the work of prisoners for the private benefit. The Committee recalls that according to Article 2(2)(c) of the Convention, convicted persons should not be hired to or placed at the disposal of private individuals, companies or associations. The Committee requests the Government to indicate whether, pursuant to section 63(9) of the Prison Rules, the Minister responsible for prisons has authorized the work of prisoners for the benefit of private entities.