Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a.) Sale and trafficking of children. The Committee previously noted the enactment of the Trafficking in Persons (Prohibition) Act (the Trafficking Act) in 2003, and requested information on the application of this Act in practice.

The Committee notes the Government’s statement that while the Trafficking Act is in full effect, statistics on its application in practice are not yet available, but that such statistics will be supplied with its next report. In this regard, the Committee notes the information in a report on the trafficking in persons in Belize of 14 June 2010, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org), that there have been no convictions for trafficking since 2005, despite indications that Belize is a source, transit and destination country for men, women and children. This report states that human trafficking cases are typically handled in lower courts and that these cases are often dismissed. The Committee accordingly urges the Government to take the necessary measures to ensure that, in practice, thorough investigations and robust prosecutions are carried out for persons who engage in the trafficking of children, and that sufficiently effective and dissuasive sanctions are imposed. In this regard, the Committee once again requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied for the offence of trafficking in persons under 18.

Clause (b). 1. Use, procuring or offering of a child for prostitution. In its previous comments, the Committee observed that section 47 of the Criminal Code on prostitution only covers cases where the child victim in question is female. In this regard, the Committee noted the findings in a 2006 ILO report entitled “Commercial Sexual Exploitation of Children and Adolescents in Belize” (CSEC Report) that both male and female children are victims of commercial sexual exploitation in the country (page 89). However, the Committee also noted that legislation entitled the Commercial Sexual Exploitation of Children (Prohibition) Bill had been drafted and would be submitted to Cabinet for review.

The Committee notes the Government’s statement that the Commercial Sexual Exploitation of Children (Prohibition) Bill is still under discussion. It notes the Government’s indication that this Bill may be incorporated into the Trafficking Act, as the Trafficking Act may be amended in the near future. The Committee expresses the firm hope that the forthcoming legislation, whether incorporated into the Trafficking Act or not, will prohibit the use, procuring or offering of both boys and girls under the age of 18 for the purpose of commercial sexual exploitation. It urges the Government to take the necessary measures to ensure the adoption of such a prohibition in the near future and requests a copy of the relevant legislation, once adopted.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously observed that the Criminal Code does not specifically establish offences related to pornography or pornographic performances by a child under 18. It also noted that the Committee on the Rights of the Child (CRC), in its concluding observations of 21 March 2005 (CRC/C/15/Add.252, paragraph 67), expressed concern about the sexual exploitation of children, including child pornography. It further noted the indication in the CSEC Report that magistrates in Belize City reported incidences of children under 18 used in pornography (page 39).

The Committee notes the Government’s statement that it has received recommendations to include specific measures to prohibit the involvement of a child under 18 years of age in the production of pornography or for pornographic performances in the Commercial Sexual Exploitation of Children (Prohibition) Bill. The Committee urges the Government to take the necessary measures to ensure the adoption, in the near future, of specific provisions prohibiting the use, procuring or offering of a child under 18 years of age for the production of pornography or pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee observed that there appear to be no provisions in the national legislation prohibiting the use, procuring or offering of a child for the production and trafficking of drugs. However, it noted the Government’s statement that draft National Child Labour Policy had been submitted to the National Child Labour Sub Committee (now the National Child Labour Committee) and that this draft Policy would provide a framework for legislative drafting that would prohibit this worst form of child labour.

The Committee notes the Government’s indication that the National Child Labour Policy, adopted in 2009, specifically prohibits child labour which involves the use, procuring or offering of a child for illicit activities, in particular, the drug trade. The Committee expresses the firm hope that legislation based on the guidelines of the National Child Labour Policy will be developed and adopted in the near future, and that this legislation will prohibit the involvement of a child in illicit activities, in conformity with Article 3(c) of the Convention.

Article 4(1). Determination of hazardous work. The Committee previously noted that a National Seminar on Child Labour and Hazardous Occupations, convened with employers’ and workers’ organizations to assist the Government in the identification of types of hazardous work, had developed a list of types of work considered to be hazardous. It requested information on progress made towards the adoption of this list.

The Committee notes the Government’s statement that the National Child Labour Policy contains a list of hazardous occupations prohibited for young workers. The Committee notes the Government’s indication that the list has been grouped into six types of prohibited occupations and three types of prohibited conditions, and that this list was agreed upon following tripartite consultation. However, the Committee observes that, based on information previously provided by the Government, the National Child Labour Policy is not a piece of legislation, but a guideline policy on which future legislation will be based. The Committee therefore requests the Government to indicate whether the list of types of hazardous work has been included in any legislation or regulations, and if penalties have been provided for persons who employ children in the types of work prohibited in this list.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Plan of Action for Children and Adolescents, 2004–15 (NPA). In its previous comments, the Committee noted the endorsement of the NPA in 2004, containing objectives in six main areas: health, education, child protection, family, HIV/AIDS and culture. The Committee notes the Government’s statement that the National Committee on Families and Children has reviewed the progress in the implementation of the NPA and acknowledged that the targets of the plan are not being accomplished. The Government indicates that the National Committee on Families and Children is compiling a report which will contain updated data and trends on each of the objectives of the NPA. This information will be used to redesign and strengthen the current services provided to children and adolescents. The Committee requests the Government to provide information on any measures taken within the strengthened NPA to address the worst forms of child labour, and the results achieved.

Application of the Convention in practice. The Committee previously noted the information in the survey entitled “Child labour in Belize: A qualitative study” that children in the country are involved in several of the worst forms of child labour, including hazardous work in commercial agriculture, work in the streets, domestic work and prostitution/sex tourism. The Committee also noted that in its concluding observations of 21 March 2005, the CRC expressed concern at the negative consequences resulting from the exploitation of child labour in the country, such as school dropouts and the negative effects on health caused by harmful and hazardous work. The CRC also expressed concern about “the so-called ‘sugar daddies’, adult men having sexual liaisons with girls and providing both girls and their families with monetary and material benefits in exchange for sex”. The CRC further expressed concern regarding the continued trafficking of children in Belize (CRC/C/15/Add.252, paragraphs 65, 67 and 68).

The Committee notes the statement in the report of the International Trade Union Confederation, for the World Trade Organization General Council on the trade policies of Belize of 3 and 5 November 2010, entitled “Internationally recognized core labour standards in Belize” that child prostitution continues to be a problem in Belize. The Committee also notes the Government’s statement that data on the situation of working children in Belize, including the worst forms of child labour, is not readily available. In this regard, the Committee notes the Government’s statement that while the National Committee on Families and Children is collecting information on the objectives of the NPA, including child protection, there remain significant gaps in data on this subject, including on the worst forms of child labour. However, the Committee also notes the information on the website of the International Organization for Migration (IOM) (www.iom.int) that the IOM is providing assistance to the Government within the framework of a counter-trafficking research project. The Committee once again expresses its concern at indications that the worst forms of child labour continue to be present in Belize, and urges the Government to redouble its efforts, within the framework of the National Child Labour Policy, to ensure the protection of young persons under 18 years of age against these worst forms, particularly trafficking, commercial sexual exploitation and the engagement of children in hazardous work. The Committee also encourages the Government to pursue its efforts, within the context of the evaluation of the NPA and through cooperation with the IOM, to ensure that sufficient up-to-date information on the worst forms of child labour is made available. To the extent possible, all information provided should be disaggregated by sex and age.