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

Equal Remuneration Convention, 1951 (No. 100) - Belize (Ratification: 1999)

Legislative developments. The Committee notes the adoption of a National Gender Policy in 2003, which is now under review, and which provides an analysis of the laws of Belize from a gender perspective. This analysis highlights discriminatory practices, as regards, inter alia, pension rights of women public officers. The Committee also notes recommendation 69 of the Policy, which states that “Legislation to provide for equal pay for work of equal value – and consistent with the obligations contained in ILO Convention No. 100 – will be drafted and introduced into the National Assembly”. The Committee notes that the Equal Pay Act was indeed adopted in 2003. However, section 3(1) of the Act refers to “equal pay for equal work”, which is narrower than the principle of the Convention. The Committee notes that the definition of “remuneration” in section 2(1) of the Act appears to be in line with the definition in Article 1(a) of the Convention; however, the definition of “equal work” in section 2(1) is limited to work involving similar duties, conditions, qualifications, skills, effort, etc., and does not encompass the concept of “equal value”. Recalling its 2006 general observation, the Committee notes that “equal remuneration for work of equal value” includes, but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. The Committee asks the Government to take steps to revise the Equal Pay Act, 2003, with a view to giving full legislative expression to the principle of equal remuneration for men and women for work of equal value, and to provide information on progress made in this regard, including in the context of the review of the National Gender Policy. The Committee also asks the Government to provide information on any follow-up action being taken to address the legislative gaps identified in the National Gender Policy regarding other laws, in particular as they relate to equal remuneration for men and women for work of equal value.

Article 1(a) of the Convention. Equal remuneration. The Committee notes the Government’s statement that, in accordance with the Widows’ and Children’s Pension Act, only male public officers contribute to the Widows’ and Children’s Pension Fund and therefore the pension is paid only to their wife and children under the age of 16 and those children pursuing full-time education. Husbands and children of female officers would not benefit from these provisions as female officers do not contribute to the fund. The Committee also notes that the National Gender Policy identified laws treating women in a discriminatory manner, inter alia, as regards pension rights (see recommendations 76–80 of the Policy). The Committee recalls the broad definition of “remuneration” in Article 1(a) of the Convention and draws the Government’s attention to its 1986 General Survey on equal remuneration, pointing out that the unequal attribution of certain benefits, such as pension rights, is intimately linked to the general status of women and men in the family and in society (paragraph 79; see also paragraphs 125–127). The Committee asks the Government to provide information on the steps taken or envisaged to amend the Act so that it provides equal access and benefits to women and men, or to repeal the Act.

Article 2. The Committee noted previously the low level of women’s participation in the labour force, their significant under-representation in middle and higher income levels, and their concentration in low-paid female-dominated occupations which are not covered by wage regulations. In response, the Government refers to the National Gender Policy, which identifies and suggests action to correct gender disparities. The Committee notes the information provided by the Government on the activities developed within the framework of the National Gender Policy to promote the employment of women in general and, in particular, in higher income level jobs. The Committee asks the Government to provide statistics on the employed labour force, disaggregated by sex, occupation and earnings level. In this regard, the Committee notes the Government’s indication in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Ministry of Labour will hold consultations with the Statistical Institute in order to describe the type of statistics requested for the evaluation of the application of the Convention, and the Committee asks to be informed of the outcome of these consultations. Please also indicate the specific measures taken or envisaged to increase the representation of women in middle and higher income levels, and the results achieved, including in the context of the activities developed under the National Gender Policy. The Committee also invites the Government to continue to provide information on the promotion of the application of the principle of equal remuneration in both the public and private sectors, including copies of collective agreements containing equal remuneration provisions.

Public sector. The Committee welcomes the information provided by the Government on the prevailing pay scales and the corresponding grades and posts, including the list of occupational categories and the pay scales for public officers, police officers and members of the defence force, disaggregated by sex. It notes the significant gender imbalance in the composition of the police force and members of the defence force, which is not the case for public officers. It also notes that the table “Job title by sex” to which the Government referred in its report was not attached to the report. The Committee asks the Government to continue to provide detailed information, disaggregated by sex, on the prevailing pay scales and the corresponding grades and posts and to indicate what measures have been taken or are envisaged to increase the participation of women at all levels of the police and the defence force. Please provide an updated copy of the table “Job title by sex” referred to in the report.

Articles 3 and 4. Objective job evaluation. Cooperation with workers’ and employers’ organizations. With respect to the Committee’s previous request for information on the introduction of objective job evaluation in the public sector and its promotion in the private sector, the Government indicates that the tripartite Labour Advisory Board was reactivated in March 2009 and that comments of the Committee will be reviewed in order to make recommendations to the Minister. The Committee asks the Government to provide information on the activities of the Labour Advisory Board since its reactivation, in relation to equal remuneration for men and women for work of equal value, and on job evaluation in the public and private sectors. The Committee also asks the Government to provide any other information on cooperation with workers’ and employers’ organizations for the purposes of giving effect to the provisions of the Convention.

Parts III to V of the report form. Please provide any other information, such as reports from the regular inspection and advisory services and administrative and judicial decisions, which may further assist the Committee in assessing how the principle of equal remuneration for men and women for work of equal value is applied in practice.