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

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Belice (Ratificación : 1999)

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The Committee notes with deep concern that the Government’s report, due since 2015, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1(1)(a) of the Convention. Discrimination on the ground of sex. Sexual harassment. The Committee notes that the Criminal Code (section 65) does not mention “sexual harassment” and that by criminalizing only sexual offences such as rape, attempted rape, marital rape, carnal knowledge, forcible abduction, unnatural offence, incest or indecent assault, it does not address the full range of behaviours that constitutes sexual harassment in employment and occupation. Further, the Committee notes the absence, in the Labour Act of 2011, of provisions protecting workers against sexual harassment. In this regard, it wishes to recall that, it has consistently expressed the view that sexual harassment is a serious manifestation of sex discrimination to be addressed within the context of the Convention. Given the gravity and serious repercussions of sexual harassment, the Committee recalls its 2002 General Observation highlighting the importance of taking effective measures to prevent and prohibit sexual harassment at work. Such measures should address both: (1) any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men, which is unwelcome, unreasonable, and offensive to the recipient; and a person's rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job (quid pro quo); and (2) any conduct that creates an intimidating, hostile or humiliating working environment for the recipient (hostile work environment). While acknowledging the difficult situation prevailing in the country following Tropical Storm Erika (2015) and hurricane Maria (2017), the Committee asks the Government to consider including in the Labour Act provisions to establish: (i) legal protection against sexual harassment which explicitly defines and prohibits both quid pro quo and hostile work environment; and (ii) appropriate remedies. The Committee also asks the Government to provide information on any awareness-raising measures taken, in cooperation with social partners, with a view to improving the prevention and elimination of sexual harassment in employment and occupation.

Article 1(3). Protection against discrimination relating to all aspects of employment. The Committee recalls that section 16(4) of the Constitution, provides for exceptions to the principle of non-discrimination. It also recalls that section 42 of the Labour (Amendment) Act of 2011, 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. Noting the Government’s indication that the prohibition only applies in the context of dismissal, the Committee had asked the Government to extend this prohibition to all aspects of employment and occupation, that is to vocational training, access to employment and to particular occupations, and terms and conditions of employment, as requested by Article 1(3) of the Convention. In its reply, the Government informed the Committee that such an extension was not currently envisaged and added that it had received no complaints concerning section 42 of the Labour (Amendment) Act. The Committee notes that, in 2020, the Labour Act, Chapter 297 (Amendment) was amended. It notes with regret that the Government has not seized this opportunity to amend section 42. The Committee recalls that, under Article 1(3) of the Convention, the terms “employment” and “occupation” also include access to education, guidance and training. In this respect, the Committee highlights the important role of the State in this context: access to education and to a wide range of vocational training courses is of paramount importance for achieving equality in the labour market. It is a key factor in determining the actual possibilities of gaining access to a wide range of paid occupations and employment, especially those with opportunities for advancement and promotion. Vocational guidance and taking active measures to promote access to education and training, free from considerations based on stereotypes or prejudices, is essential in broadening the range of occupations from which men and women are able to choose (see General Survey on the fundamental Conventions, 2012, paragraphs 749–751). The Committee asks the Government to ensure that the protection from discrimination based on any of the grounds set out in section 42 of the Labour (Amendment) Act cover all aspects of employment and occupation, including access to education, guidance and vocational training. It also asks the Government to provide information on: (i) 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; and (ii) any complaints filed based on any ground prohibited by the Labour (Amendment) Act, 2020 and the results thereof. The Committee also asks the Government to provide information on the application in practice of section 16(4) of the Constitution.

Article 2. National Gender Policy. The Committee takes note of the revised National Gender Policy of 2013 (NGP). The NGP set up five policy priorities in the area of: health, education and skills training, employment generation, gender-based violence, and decision-making. According to the NGP, labour force data reveals that although there are slight increases in women’s labour force participation rate since 2002, less than half of females over 14 years old participate in the labour force versus approximately three-fourths of males over 14 years. A majority of women are employed in basic occupations, while men tend to be represented primarily in agriculture activities, in the forest and fisheries sectors and in the defence force. Even in sectors in which women comprise a majority of the work force, they still experience more unemployment than men (page 25). The NGP has also provided a number of recommendations in order to overcome the obstacles to women’s participation in the labour force, such as mainstreaming gender equality in the planning, implementation and monitoring of a number of strategies, including the National Poverty Elimination Strategies and the National Disaster Preparedness Response Plan and the creation of a National Employment Agency and Small Business Development Programme. The Committee notes from the 2020 Labour Force Survey that there is still a large gender disparity in the labour market with a high unemployment rate among women (17 per cent) compared to men (11.6 per cent). The Committee asks the Government to provide information on the measures taken and the results achieved within the framework of the revised National Gender Policy of 2013 to: (i) promote employment opportunities for women, including better access to jobs with career prospects and decision-making positions; and (ii) enhance women access to education in general and to a wider range of vocational training courses and occupations, including those in which men traditionally participate. The Committee also asks the Government to provide information on any revision of the NGP.

National policy. Indigenous peoples and ethnic minorities. The Committee notes that, according to the 2020 Labour Force Survey, the unemployment rate of the Creole was 16.9 per cent (15 per cent male versus 19.4 per cent female); 16.8 per cent for the Garifuna (11.4 per cent male versus 22.3 per cent female); while the rate reached 14.9 per cent in the Maya community (14.7 per cent male versus 15.2 per cent female). The Committee recalls that, where labour market inequalities exist along ethnic lines, 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 (General Survey, 2012, paragraph 765). The Committee asks the Government to provide information on any specific measures adopted: (i) to ensure indigenous peoples’ access to education, land and resources, especially those which allow them to practice their traditional activities; and (ii) to promote real equality of opportunity and treatment with other categories of the population.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 3(c). Practices which are inconsistent with the national policy on equality of opportunity and treatment. In its previous comments, the Committee referred to the situation of female teachers who were dismissed after becoming pregnant, out of wedlock, and requested the Government to take measures thereon and noted the decision rendered on 30 April 2004 in which the Supreme Court of Belize referred to the international obligations of Belize and underlined the importance of the constitutional and legal issues at stake and “the ramifications for a national gender policy”. The Court concluded that the dismissal of a teacher in a public-funded Catholic school because she had become pregnant out of wedlock amounted to discrimination on the basis of sex and was a violation of her rights under article 16(2) of the Constitution. In its last comment, the Committee: (1) noted the Government’s indication that in order to address this kind of discriminatory practices in the education system, the Ministry of Education had created a Teachers Services Commission that will deal objectively with all the administrative and disciplinary issues related to teachers; and (2) requested the Government to provide information on the issues dealt with by the Teaching Service Commission and the decisions adopted. In the absence of information on this point, the Committee once again requests the Government to provide information on the concrete measures taken by the Teaching Service Commission to address discriminatory practices in the education system such as those described above in particular.

Article 5. Employment of women in night work. The Committee notes that section 161 of the Labour Act prohibits night work for women. The Committee wishes to point out that when provisions relating to protective measures for women are considered, a distinction should be made between special measures protecting maternity in the strict sense, which come within the scope of Article 5 of the Convention, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, the Committee considers that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see General Survey, 2012, paragraphs 839 and 840). Further, the Committee notes that Belize has ratified the Night Work (Women) Convention (Revised), 1948 (No. 89) and indicated that the Labour Advisory Board has recommended the elimination of all restrictions on night work for women and consequently the denunciation of Convention No. 89 and the ratification of the Night Work Convention, 1990 (No. 171) which is not devised as a gender-specific instrument, but focuses on the protection of all those working at night. The Committee therefore refers the Government to its comment under Convention No. 89. The Committee encourages the Government to consider amending, in consultation with employers’ and workers’ organizations and in particular with women workers’ organizations, section 161 of the Labour Act prohibiting night work, in light of the principle of gender equality and technological developments, in order to ensure that any restriction or limitation on the employment of women is strictly limited to maternity protection, and to provide information on any steps taken in this regard.