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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Belize (Ratification: 1999)

Legislation prohibiting discrimination in employment and occupation. The Committee has been referring during the last years to article 16(4) of the Constitution that provides for exceptions to the principle of non- discrimination and to the fact that the Labour Act, 2000, contained no provision defining and prohibiting discrimination in employment and occupation. In this regard, the Committee notes with interest the adoption on 13 April 2011 of the Labour (Amendment) Act, 2011, which provides in section 42 for protection against unfair dismissal or discipline based on the grounds of race, colour, sex, marital status, ethnic origin, family responsibilities, religion, nationality, indigenous population, social origin, political opinion (where it does not interfere with work performance), workers’ physical structure, disability or age, pregnancy, union membership and HIV status. The same article also provides protection against dismissal for those that have filed a complaint against the employer. The Committee requests the Government to provide information on the implementation of the new Labour (Amendment) Act, 2011, in particular with respect to the number of complaints filed on the bases of an alleged violation of section 42 and the results of the procedures followed. Noting the Labour (Amendment) Act prohibits only discrimination in the context of dismissal, the Committee asks the Government to provide information on any steps taken or envisaged to extend the prohibition to all aspects of employment and occupation, including access, terms and conditions, etc. Please also provide information on the exception to the prohibition of discrimination based on political opinion, including the types of jobs that would be considered within the exception. The Committee further requests the Government to provide information on the application in practice of article 16(4) of the Constitution.

Article 2 of the Convention. National Gender Policy. The Committee notes that according to the Government’s report, following a consultation organized by the National Women’s Commission in March 2009 with various social partners, a Revised National Gender Policy was drafted. The Government indicates that this policy provides for measures to promote employment opportunities for women, including better access to jobs with career prospects and decision-making positions and is now before the National Assembly for approval. The Committee requests the Government to provide information on the following:

(i) any evolution in the adoption of the revised National Gender Policy, its implementation and impact;

(ii) specifically, the concrete measures and initiatives adopted to promote employment opportunities for women including better access to jobs with career prospects and decision-making positions, as well as education.

National policy. Ethnic minorities. The Committee notes the Government’s indication that the National Gender Policy takes into account the elimination of discrimination regardless of ethnicity and that the Mayas are not excluded from employment and occupation opportunities. Recalling that in its previous comments it had taken note of the fact that the incidence of poverty was highest among the Mayas (77 per cent), the Committee requests the Government to indicate the specific measures taken in order to promote equality of workers of Mayan origin as well as other minorities in the country, with respect to their access to employment and occupation.

Article 3. In its previous comments, the Committee referred to the situation of teachers who are dismissed after becoming pregnant out of the wedlock and requested the Government to take measures thereon. In this respect, the Committee notes the Government’s indication that in order to address this kind of discriminatory practices in the education system, the Ministry of Education created a “Teachers Services Commission” that will deal objectively with all the administrative and disciplinary issues related to teachers. The Committee requests the Government to provide concrete information on the issues dealt with by the Teachers Services Commission and the decisions adopted. The Committee further requests the Government to continue to provide information on training opportunities for women in non-traditional occupations, including information on the number of women securing jobs in such occupations following such training.

Part V of the report form. The Committee notes the Government’s indication that the Statistical Institute of Belize has not yet provided the disaggregated information on employment statistics after conclusion of the population census carried out in 2010, which provides information concerning ethnicity, sex and religion. The Committee requests the Government to provide this information as soon as it is available.