Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Belize (Ratification: 1983)

The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 4 August 2011, which refers to matters previously raised by the Committee. The Committee requests the Government to provide its observations thereon.

Articles 1 and 3 of the Convention. Protection against acts of anti-union discrimination. In respect of the legal protection concerning anti-union discrimination, the Committee had previously noted that in its 2008 comments, the ITUC alleged that court procedures in cases of anti-union discrimination were too slow and cumbersome, while the fines imposed were extremely low. The Committee notes with satisfaction the adoption of the Labour (Amendment) Act 2005 (No. 3 of 2011), adopted on 13 April 2011 which includes new sections on “unfair dismissal” providing for judicial reinstatement of workers or workers’ representatives dismissed because of their union membership or participation in union activities (section 42(1)(a) and (b) and section 205(1) and (2)).

In its previous comments, the Committee had noted the ITUC’s allegation that in practice violations occurred in the banana plantation sector and in export processing zones, where employers do not recognize unions, and had requested the Government to provide information on these matters. The Committee had noted the Government’s indication that the ITUC’s 2008 comments would be submitted to a tripartite body established under the provisions of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act (“the Act”) and appointed in August 2008. In this regard, the Committee notes that, according to the comments submitted by the National Trade Union Congress of Belize (NTUCB) on 12 November 2011, the 2008 ITUC comments have not been discussed before the Tripartite Body appointed in August 2008. The Committee requests the Government to take the necessary measures to ensure that a discussion takes place before the Tripartite Body in this regard and requests the Government to provide information on the outcome of the Tripartite Body’s deliberations on the matters raised by the ITUC.

Articles 3 and 4. Promotion of collective bargaining. The Committee had previously recalled that, under the provisions of section 27(2) of the Act, a trade union could be certified as a bargaining agent if it received 51 per cent of the votes and that problems might arise from such a requirement of an absolute majority since, where this percentage was not attained, the majority union would be denied the possibility of bargaining. The Committee had noted the Government’s statement that section 27(2) of the Act had still not been amended, and that it will keep the Office informed of progress concerning the revision of the said law. The Committee notes that the Government indicates in its report that the Tripartite Body will be undertaking and coordinating discussions concerning the possible amendment of section 27(2) of the Act and prior to making a recommendation will meet with the Labour Advisory Board. The Committee expresses the hope that it will be in a position in the near future to note progress on the amendment of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act and requests the Government to provide information on developments in this regard.