Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the information provided by the Government in its first report as well as the attached legislation.

1. Article 1. Noting that the prohibition and protection against discrimination is largely contained in the Constitution, the Committee would be grateful if the Government would indicate the specific manner in which workers may rely on these constitutional provisions to be protected against discrimination in employment and occupation. Noting also that article 16(4) of the Constitution provides for certain exceptions to the principle of non-discrimination, the Committee requests the Government to provide more detailed information, including laws adopted or copies of administrative or judicial decisions, on the application in practice of the exceptions provided for in subsection 4 of article 16 of the Constitution. Noting also the absence of any provision in the Labour Act (revision of 2000) defining and prohibiting discrimination in employment and occupation, the Committee encourages the Government to include such a provision on the occasion of any future revision of the Act.

2. With respect to discrimination on the basis of political opinion, the Committee notes that section 35(b) of the Public Service Regulations expressly forbids public officers to participate actively on behalf of any party or candidate in any national or municipal election. As this provision could be interpreted in a manner that might restrict considerably the right of public officers to engage in political activities and to express and demonstrate their political opinions, the Committee requests the Government to supply information on the manner in which this provision is applied in practice.

3. Article 2. The Committee understands that a ministry on human development, women and youth is responsible for gender equality issues, and that a national women’s commission operates as the main mechanism for monitoring compliance with the principles of equality and non-discrimination. The Committee also notes that a national strategic plan on gender equity and equality has been launched to promote the implementation of the Beijing Declaration and Platform of Action and that one of the priority areas of the plan is equality in employment. The Committee would be grateful if the Government would supply a copy of the strategic plan and provide information on the measures taken or envisaged, including any reports or surveys, by the abovementioned departments and mechanisms as well as any other relevant bodies to implement the strategic plan with respect to equality in employment and occupation.

4. The Committee understands that Belize is a multi-ethnic society and that the United Nations High Commissioner for Refugees (UNHCR) has estimated that 14 per cent of the population consists of immigrants from neighbouring countries. The Committee notes that the Government has not provided any information on the policies and programmes concerning the equality of opportunity and treatment of the different ethnic minorities in employment and occupation. It would be grateful if the Government would provide detailed information on the measures that have been taken, if any, to promote equality of opportunity and treatment with respect to employment and occupation for ethnic minorities including Belizeans and non-Belizeans on the grounds contained in the Convention.

5. Article 3. The Committee understands from the information provided by the Government in its report to the Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW/C/BEZ/1-2 of 1 November 1997) that teenage mothers are prevented from pursuing their education and that female teachers who are pregnant are susceptible to losing their employment. Considering that this situation may seriously affect women’s educational and economic opportunities, the Committee asks the Government to provide information on the measures taken or envisaged to eliminate any discrimination that might exist against female teachers and girls in education because of pregnancy.

6. The Committee further notes from the CEDAW report that in spite of their higher educational levels, women are less likely to be employed and are concentrated in lower paid jobs. It also notes that a high number of women are employed in the public service, but that only a small number of them take up higher level jobs. Further, the Committee notes that existing technical institutions, such as the Centre for Employment in Belize City, are providing "non-traditional" careers especially related to young women and to people with disabilities under the introduction of a quota system (paragraph 117). The Committee requests the Government to provide more details on the impact of the abovementioned technical training programmes on the employment of women, as well as information on the measures taken or envisaged to increase the opportunities for women to be employed in a wide variety of occupations and sectors, including in higher level posts in the public service.

7. The Committee would be grateful if the Government could provide additional information on: (1) how the Government seeks cooperation with employers’ and workers’ organizations and other bodies to promote the national policy; (2) any educational programmes envisaged to secure the acceptance and observance of the national policy; and (3) how the policy is observed with respect to vocational guidance and training as well as placement services under the direction of the national authority.

8. Article 4. The Committee notes the Government’s statement that the only Act governing the employment and occupation of persons suspected of, or engaged in, activities prejudicial to the State is Convention No. 111. The Government states that according to section 3 of the 1999 International Labour Organization Conventions Act, ILO Conventions shall have force of law in Belize. Persons concerned have the right to appeal to the courts on the basis of Convention No. 111. Please indicate the court to which a person suspected of activities prejudicial to the security of the State would appeal, and provide in future reports any instances in which this Article has been applied.

9. Please provide the information requested in Parts III, IV and V of the report form on the practical application of the Convention. Such information could include statistical data disaggregated by sex, race and ethnicity, reports, guidelines or publications, as well as copies of legislation adopted and administrative and judicial decisions, including by the Office of the Ombudsman and the Human Rights Commission, as well as any other information that may enable the Committee to assess how the provisions of the Convention are applied in practice. Please also provide copies of the Caribbean Community (Free Movement of Skilled Persons) Act (No. 45 of 1999) and the Service Commissions Regulations of 2001.