Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Repetition

Legislation prohibiting discrimination in employment and occupation. The Committee recalls section 16(4) of the Constitution, which provides for exceptions to the principle of non-discrimination. It also recalls section 42 of the Labour (Amendment) Act of 2011, which provides for protection against unfair dismissal or discipline based on the grounds of race, colour, sex, marital status, ethnic origin, family responsibilities, religion, nationality, indigenous population, social origin, political opinion (where it does not interfere with work performance), workers’ physical structure, disability or age, pregnancy, union membership and HIV status. The Committee notes the Government’s indication that the prohibition is only in the context of dismissal and that extending the prohibition to all aspects of employment and occupation is not currently envisaged. It also notes the Government’s indication that it has received no complaints concerning section 42 of the Labour (Amendment) Act. The Committee notes that, where no cases or complaints are being lodged, this may indicate a lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see General Survey on the fundamental Conventions, 2012, paragraph 870). The Committee asks the Government to continue to provide information on the practical application of section 16(4) of the Constitution and section 42 of the Labour (Amendment) Act, including the number of complaints filed concerning section 42 of the Labour (Amendment) Act, including on the basis of political opinion, and the results of the procedures followed. It also asks the Government to take steps to extend the protection to all aspects of employment and occupation, including access, terms and conditions, etc. Please provide information on any awareness-raising activities on the legislation concerning equality of opportunity and treatment in employment and occupation, as well as the avenues of dispute resolution.

Article 2 of the Convention. National Gender Policy. The Committee notes the Government’s indication that a revised National Gender Policy was drafted in 2010. It also notes the Government’s indication that, under a programme of the National Women’s Commission entitled “Women in Politics”, training has been given on how to successfully run for public office. The Government adds that the Women’s Department and non-governmental organizations continue to train women in entrepreneurship in order to promote better access to jobs with career prospects and decision-making positions. The Committee requests the Government to provide information on the following:

• (i) any evolution in the adoption of the revised National Gender Policy, its implementation and impact;
• (ii) specifically, the concrete measures and initiatives adopted to promote employment opportunities for women, including better access to jobs with career prospects and decision-making positions, as well as education.

National policy. Indigenous peoples and ethnic minorities. The Committee recalls that it had taken note of the fact that the incidence of poverty was highest among the Mayas (77 per cent), according to the report of the Minimum Wage Council of 2006. The Committee notes the Government’s indication that the unemployment rate of the Mayas was 18.6 per cent as of April 2012, which was higher than the unemployment rates of the Garinagu (17.4 per cent), the Creole (16.2 per cent), and the Mestizo (13.6 per cent). It also notes that, in March 2012, a new Ministry of Forestry, Fisheries and Sustainable Development was established which, according to the Government, demonstrates a commitment to include indigenous peoples and ethnic minorities in the development process. It also notes the Government’s indication that non-governmental organizations are taking initiatives in promoting sustainable development through education and training for indigenous peoples. The Committee recalls that, where labour market inequalities along ethnic lines exist, a national policy to promote equality of opportunity and treatment, as envisaged in Articles 2 and 3 of the Convention, should include measures to promote equality of opportunity and treatment of members of all ethnic groups with respect to access to vocational training and guidance, placement services, employment and particular occupations, and terms and conditions of employment (see General Survey on the fundamental Conventions, 2012, paragraph 765). The Committee requests the Government to take specific measures in order to promote equality of workers of Mayan origin as well as other minorities in the country, in particular with respect to their access to employment and occupation, and to provide information on any progress made in this regard.

Article 3. In its previous comments, the Committee referred to the situation of teachers who were dismissed after becoming pregnant out of wedlock and requested the Government to take measures thereon. The Committee notes that, pursuant to section 17 of the Education and Training Act of 2010, the Teaching Service Commission is in charge of administrative and disciplinary issues related to teachers. The Committee also notes the Government’s indication that, for the academic year 2011–12, there were female enrolments in non-traditional areas, and that technical vocational education and training institutions have job-placement officers to assist in securing jobs after completing training. The Committee requests the Government to provide concrete information on the issues dealt with by the Teaching Service Commission and the decisions adopted. The Committee further requests the Government to continue to provide information on training opportunities for women in non-traditional occupations, including information on the number of women securing jobs in such occupations following such training.

Statistics. The Committee notes the Government’s indication that the Statistical Institute of Belize conducted a labour force survey in April 2012, according to which men constituted the larger part of the labour force at 80,294, while the number of women was 46,428. Men constituted the majority in the labour force in all the ethnic groups, and in particular among the Mayas (men constituted 74.5 per cent of the Mayas in the labour force). The Committee asks the Government to continue to provide information on the number of men and women, disaggregated by sex and ethnicity, in the labour force, as well as other statistical information relating to the application of the Convention.