Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Migration for Employment Convention (Revised), 1949 (No. 97) - Belize (Ratification: 1983)

Migration flows. The Committee notes the statistics in the Government’s report on the labour force by nationality and sex for 2006. It also notes the Government’s statement that since 1996, the number of refugees decreased substantially and was estimated at the end of February 2008, at 358 (224 men and 134 women). The Committee also notes that between 2003 and 2007, 53 persons applied for a qualifying certificate under the Caribbean Community (Free Movement of Skilled Persons) Act, 1999, with 17 applications from men and 36 from women being approved. The Committee asks the Government to continue to provide up to date information on migration flows, including from non‑CARICOM countries, from men and women coming to and leaving Belize for the purpose of employment, and information on the sectors in which they are employed.

Articles 2 and 4 of the Convention. Provision of information and assistance. The Committee notes the Government’s statement that the Employment Agency offers free of charge training on job preparedness and customer service to jobseekers, and distributes information on job opportunities. The Government also states that migrants can access accurate information from relevant government departments on their immigration status, employment, etc., and that the Employment Agency promotes its services through media and circulars and brochures. Information targeting migrant workers in CARICOM is being distributed by the Immigration Department and Ministry of Foreign Trade. The Committee asks the Government to provide information, disaggregated by sex and nationality, on the number of migrants that have made use of the information and assistance services provided, and to indicate whether any assessment has been made on whether the information and services provided are reaching emigrants and immigrants in an effective manner.

Article 3. Misleading propaganda. The Committee notes with interest the adoption in 2003 of the Trafficking in Persons (Prohibition) Act No. 18 of 2003, which provides that temporary residency permits or other permits can be issued to victims of trafficking and any dependent children for the duration of criminal proceedings provided that the victim is willing to assist in the investigation or prosecution of traffickers (section 14). The Committee notes that pursuant to section 22(1) and (2) of the Act, public awareness programmes are being conducted through various means by a number of departments and committees, including the Anti-Trafficking in Persons Committee. The Committee asks the Government to provide information on the impact of the public awareness programmes on reducing the dissemination of false and misleading information on the migration process, including by private recruiters. Please also provide information on the measures taken to reduce the risk of women migrants being trafficked into the sex industry due to false and misleading information on job offers and conditions of work.

Article 6. Equality of treatment. The Committee notes that cases involving workers’ rights provided by the Labour Act can be filed by the worker or the labour officer with the courts. The Committee asks the Government to provide information on how labour inspection services are ensuring the enforcement of the national legislation with respect to the matters raised in Article 6(1)(a)–(d) of the Convention, as well as any cases dealt with by them, the labour department or the courts. Please also indicate whether regular migrant workers whose contracts may have been terminated can have access to the courts on an equal basis with nationals.

With respect to section 12 of the Carribean Community (Freedom of Movement of Skilled Persons) Act 1999, requiring reciprocity with respect to the application of the Act, the Committee notes the Government’s statement that the Act makes provisions for CARICOM nationals, while the Immigration Act makes provisions for the admittance of other migrant workers. The Government states that equality of treatment in working conditions and entitlements is provided for in the Labour Act and ensured to all workers in Belize. The Committee notes these clarifications but requests the Government to confirm that all regularly admitted migrants are treated equally with national workers with respect to all matters raised in Article 6(1)(a)–(d) of the Convention (conditions of work, membership of trade unions and enjoyment of benefits of collective bargaining, accommodation, social security, employment taxes, and legal proceedings) irrespective of reciprocity.

Article 8. Permanent residence. The Committee recalls section 3 of the Caribbean Community (Freedom of Movement of Skilled Persons) Act 1999 allowing definitive entry for Caribbean skilled workers. The Government states that during the reporting period no permit of a skilled worker from any CARICOM country has been revoked. The Government further states that migrants qualifying for permanent residence status are governed by the immigration Act. The Committee requests the Government to indicate the specific legal provisions or policy measures ensuring that workers, Caribbean and others, with permanent residency status cannot be returned for reasons of illness contracted or injury sustained, subsequent to entry, unless the person concerned so desires or an international agreement to which the member is a party so provides.