Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee takes note of the Government’s first report.

Article 1 of the Convention. The Committee notes the Government’s statement that there is no national policy in the country and that, as it is unaware of the true extent of the child labour problem, it is unable to apply any particular methods to resolve this problem. However, according to the information provided by the Government in its second periodic report to the Committee on the Rights of the Child in February 2003 (CRC/C/65/Add.29, paragraphs 239, 246 and 297), in a major effort to address continuing structural weaknesses in the education system and to improve student performance, a ten-year Education Sector Strategy was approved by the Government in 1999 with the overall objective of achieving universal educational access for children between the ages of 3 and 16 years. In the school year 1999-2000, School Community Liaison Officers were established in order to address the problems of non-attendance, including to investigate more persistent instances of non-attendance.

The Committee notes that in its report to the Committee on the Rights of the Child, the Government indicated that, through the Ministry of Labour, it implemented a child labour project called the "Butterfly Project" (2000-01) in the Corozal district. The objective of this project was to eliminate hazardous and exploitative forms of child labour, and to foster improved school participation by children below 14 years, and to ensure that working children were not exploited and were guaranteed appropriate working hours and proper wages. This project placed 25 children back in primary school and awarded ten scholarships. Moreover, the Committee notes with interest that the Central Statistical Office (CSO) conducted a Child Activity Survey in 2001. In addition, in 2002, the CSO and the Ministry of Labour conducted a national child labour research project for the compilation of qualitative data for the Statistical Information and Monitoring Programme on Child Labour (SIMPOC). The Committee takes note of the Government’s efforts to eliminate child labour and to improve school attendance of children. It therefore asks the Government to indicate any development following the statistical surveys recently conducted on child labour, especially the analysis made of the findings and plans or programmes consequently discussed or established for the effective abolition of child labour, and the implementation of related policies and measures.

Article 2, paragraphs 1 and 4. 1. Minimum age for admission to employment or work. The Committee notes that, at the time of ratification, the Government specified a minimum age of 14 years for admission to employment or work within its territory and means of transport registered in its territory (as permitted under Article 2, paragraph 4, of the Convention). It requests the Government to indicate whether employers’ and workers’ organizations were previously consulted for initially specifying a minimum age of 14 years, as required by Article 2, paragraph 4, of the Convention. Moreover, the Committee draws the Government’s attention to Article 2, paragraph 5, of the Convention, according to which each Member which has specified a minimum age of 14 years shall include in its further reports on the application of this Convention submitted under article 22 of the Constitution of the International Labour Organization a statement that: its reason for doing so subsists; or it renounces its right to avail itself of the provisions in question as from a stated date.

2. Scope of application. According to section 164(1) of the Labour Act, no person shall employ a child (a person under the age of 14 years) in a public or private "industrial undertaking" or in a branch thereof. Section 3 of the Shop Act provides for a minimum age to "employment in or about any shop" of 14 years. The Committee reminds the Government that the scope of application of the Convention is not limited to industrial undertakings or shops but to all types of work or employment. The Committee therefore requests the Government to indicate any measures taken or envisaged to ensure the application of the minimum age specified (14 years) to all types of work outside an employment relationship, such as self-employment.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, types of hazardous work. Section 54(1) and (2) of the Labour Act respectively provides that a "child" (a person under the age of 14) 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) 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 (which means a person below the age of 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 notes 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 observes that section 54(2) of the Labour Act and section 7 of the Families and Children Act, 1998, are of general application. It reminds the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee considers that a general prohibition of hazardous work, without additional measures, is unlikely to have much practical effect. If the types of employment or work which are too hazardous for young persons to perform are not designated specifically, there is usually no way for a young person to be prohibited from performing a particularly dangerous job (see the General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), International Labour Conference, 67th Session, Geneva, 1981, paragraph 225). Therefore, the Committee requests the Government to take the necessary measures to determine the types of work to be considered hazardous, for which the minimum age for employment should be 18 years, in consultation with the organizations of employers and workers concerned, in accordance with Article 3, paragraph 2, of the Convention.

Article 6. 1. Vocational training and apprenticeship. The Committee notes that section 164(2) of the Labour Act authorizes, as an exception to the general established minimum age of 14 years, the employment of children (below 14 years) in technical schools if such work is approved and supervised by a public authority. The Committee observes that section 164(2) of the Labour Code applies to vocational training. It requests the Government to provide information on the system of vocational training and technical education, conditions prescribed by the relevant competent authority, and on the consultations held with employers’ and workers’ organizations concerned, for work done by children authorized as part of vocational or technical education. The Committee also requests the Government to indicate if the national legislation provides for apprenticeship programmes and, if so, to provide information on the minimum age for apprenticeships, and on the conditions governing work done by apprentices.

2. Exercise of manual labour by any detained child. 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 detailed 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.

Article 7, paragraphs 1, 3 and 4. Light work. According to section 169 of the Labour Act, no child shall be employed so long as he is under the age of 12 years; or before the close of school hours on any day on which he is required to attend school; or before 6 a.m. and after 8 p.m. on any day; or for more than two hours on any day on which he is required to attend school; or for more than two hours on any Sunday; or carry or move anything so heavy as to be likely to cause injury to him; or in any occupation likely to be injurious to his life, limb, health or education. However, by virtue of section 170 of the Labour Act, the minister may make regulations with respect to the employment of children and may authorize children below 12 years to do some light agricultural or horticultural work in their parents’ or guardians’ land only. The Committee reminds the Government that, under Article 7, paragraphs 1 and 4, of the Convention, the national laws or regulations may permit the employment or work of persons on light work but only from 12 years of age and under certain conditions that such work is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee therefore requests the Government to take the necessary measures to ensure that the employment of children in light agricultural or horticultural work will be only possible for children who have reached the age of 12 years and under the conditions prescribed by Article 7, paragraph 1, of the Convention. Moreover, the Committee recalls that, by virtue of Article 7, paragraph 3, of the Convention, the competent authority shall determine the types of light work and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. It requests the Government to supply information on the types of light work activities that are permitted by section 169 of the Labour Act for persons from 12 years and above. Finally, the Committee asks the Government to provide information on any regulations made under section 170 of the Labour Act.

Article 8. Artistic performances. The Committee notes that, according to the Government’s report, no use has been made of the exceptions permitted by this Article by way of legislation. Noting the absence of legislative provisions allowing the participation of children below the general minimum age of 14 years in artistic performances, the Committee draws the Government’s attention to the possibility under Article 8 of the Convention of establishing a system of individual permits for children under the general minimum age who work in activities such as artistic performances, if these are performed in practice. The Committee requests the Government to provide information on whether children under the age of 14 years appear in activities such as artistic performances in practice.

Article 9, paragraphs 1 and 2. Appropriate penalties and persons responsible for compliance with the Convention. The Committee notes that section 172(1) of the Labour Act sets out the penalties for violations of the provisions with regard to the employment of children contained in Part XV. In this regard, this provision states that, if any person employs a child or young person in contravention of this Part or any regulation or Order made thereunder, he commits an offence and is liable on summary conviction to a fine not exceeding $20 (approximately US$10.2) or to imprisonment for a term not exceeding two months and in case of a second or subsequent offence to a fine not exceeding $50 (US$25.5) or to imprisonment for a term not exceeding four months. The Committee observes that the Education Act also contains penalties to ensure the effective enforcement of the provisions of the Convention. According to section 34 of the Education Act, every parent who fails to comply with the requirements of a School Attendance Order or fails to take effective measures to ensure the regular attendance of his child who is a registered pupil at a school shall be liable on summary conviction to a fine not exceeding $100 (US$51).

Paragraph 3. Registers of employment. The Committee notes that section 163 of the Labour Act requires every employer in a public or private industrial undertaking to keep a register of the names, dates of birth and hours of work of among others all persons under the age of 18 years employed in that undertaking. Any employer who fails to comply with this provision shall be liable to a fine not exceeding $50 or to imprisonment for a term not exceeding four months. The Committee notes that section 163 of the Labour Act applies to a public or private "industrial" undertaking. It requests the Government to supply information on measures taken or envisaged for the extension of the requirement of keeping a register of the names, dates of birth and hours of work of all persons under the age of 18 years employed to the sectors of economy other than industry.

Part III of the report form. The Committee notes the Government’s statement according to which the Labour Department is the authority entrusted with the application of the legislation giving effect to the provisions of the Convention, and is made effective through regular inspections and advisory services. It also notes that by virtue of section 4 of the Labour Act, it shall be the duty of the Labour Commissioner to ensure the due enforcement of this Act and 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 visit centres of employment and institute inquiries and inspections as instructed by the Labour Commissioner. Moreover, according to section 10, any labour officer may enter freely and without prior 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.

Part V of the report form. Practical application of the Convention. The Committee notes that, in its concluding observations on the initial report of Belize in May 1999 (CRC/C/15/Add.99, paragraph 28), the Committee on the Rights of the Child expressed its concern on the economic exploitation of children, particularly the situation of immigrant children working in the banana industry. The Committee on the Rights of the Child encouraged the Government to introduce monitoring mechanisms to ensure the enforcement of labour laws and to protect children from economic exploitation. In this regard, it further recommended that the Government undertake a study on the situation of children in hazardous work, especially those employed in the banana industry.

The Committee notes that, according to the 2001 Child Activity Survey, about 10.9 per cent of persons aged 5 years to 17 years were economically active. This amounted to 8,582 persons and, of these, about 5,061 persons or 6.4 per cent of all persons between the ages of 5 years and 17 years were involved in child labour. Although the non-economic activity showed no gender bias, in the case of economic activity in the age group 5-17 years, about twice as many as males (5,799) as females (2,783) were economically active. Child labour also displays a stronger gender bias where three times as many males (3,735) as females (1,326) were involved in child labour. The Child Activity Survey reports that males are at a higher risk of being the victims of child labour in all age groups and the risk increased as the age of the person increased. About 30.5 per cent of the economically active children work in agriculture, which also includes fishing and forestry, 16.3 per cent in services and 15.7 per cent in wholesale/retail trade. Of all child labourers 44.2 per cent are involved in some form of agriculture. According to the report entitled "Child labour in Belize - Qualitative study" prepared for SIMPOC, 2003, child labourers are found throughout the country with higher concentrations in rural agricultural communities and some urban centres. Children are also involved in hazardous work in commercial agriculture and in domestic work. Child labour exists in many forms in the Corozal district with children working as shop assistants, gasoline attendants and sugar cane farmers. In the rural regions, children worked on family plots and businesses after school, on weekends and during vacations and were involved in the citrus, banana and sugar industries as field workers.

In the light of the above information, the Committee asks the Government to provide detailed information on the measures taken to improve the situation of these children. It 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. The Government should also 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 child labour by age group, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, etc. Finally, in reference to the observation made by the Committee on the Rights of the Child in 1999 concerning the situation of immigrant children working in the banana industry, the Committee requests the Government to indicate any measures taken to tackle the problem, for instance, through monitoring mechanisms.