Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 2 and 4 of the Convention. Provision of information and assistance. The Committee notes that in July 2010, the approval of temporary employment permits was transferred from the Department of Immigration and Nationality to the Work Permit Committee of the Labour Department. The Committee also notes the information provided by the Government on the use made by foreign workers of the services provided by the Public Employment Agency. The Committee asks the Government to continue to provide information on the free assistance and information services provided to migrant workers by the Public Employment Agency and its offices in the regions, the Labour Department and the Department of Immigration and Nationality. Please indicate, if possible, any measures taken to ensure that the information and services provided are reaching emigrants and immigrants in an effective manner.

Article 3. Misleading propaganda. The Committee notes from the Government’s report that the Anti-Trafficking in Persons Committee has carried out public awareness campaigns with the objective of addressing false and misleading information, especially to migrants. Specific campaigns are geared to women and girls, including the “My future is not for sale” campaign of the Youth Enhancement Services (YES) aimed at preventing commercial sexual exploitation, and the education sessions conducted in this context by the Belize Tourism Board. The Committee asks the Government to continue to provide information on the steps taken, and their impact, against misleading and false information regarding the migration process, including public awareness programmes, and any measures to cooperate with other member States in this regard.

Article 5. Entry requirements and medical examinations. The Committee notes that the Immigration Act, Chapter 156 prohibits the entry of the following: “any person who is likely, when entering Belize, to become a charge on public funds by reason of infirmity of body or mind or of ill health” (section 5(1)(a)) and “any idiot or any person who is insane or mentally deficient or any person who is deaf and dumb or deaf and blind, or dumb and blind, unless in any such case the person or a person accompanying him or her or some other person gives security for the person’s permanent support or removal therefrom” (section 5(1)(b)). The Committee draws the Government’s attention to the fact that, while medical testing and the prohibition of entry of persons on the ground that they may constitute a grave risk to public health is likely to be a routine and a responsible precaution prior to permitting entry of non-nationals, the exclusion of individuals on certain medical or personal grounds which do not pose a danger to public health or a burden to public funds may be dated due to scientific developments or changing social attitudes, and some constitute unacceptable discrimination (see General Survey on migrant workers, 1999, paragraphs 262 and 263). The Committee notes in particular that section 5(1)(c) of the Act prohibits entry of homosexuals. The Committee asks the Government to provide detailed information on the practical application of section 5(1)(a), (b) and (e) of the Immigration Act, including the number of non-nationals seeking employment in Belize who have been prohibited entry or who have been expelled on the basis of these provisions. Please indicate in this report how it is determined that a person with a mental or physical disability is likely to become a hinder on public funds. Please also indicate whether any exemptions have been granted by virtue of sections 5(2) of the Act. The Committee also requests the Government to indicate whether any consideration has been given to amending the provisions of the Immigration Act concerning prohibited immigrants in the light of scientific developments and changing social attitudes, and to prevent discrimination.

Furthermore, the Committee notes that pursuant to section 5(1)(c) of the Immigration Act, Chapter 156 any person certified by a medical practitioner to be suffering from a communicable disease, which makes the entry into Belize dangerous to the community, is also prohibited entry. Further to the previous paragraph, the Committee recalls that refusal of entry or repatriation on the grounds that the worker concerned is suffering from an infection or illness of any kind which has no effect on the task for which the worker has been recruited, constitutes an unacceptable form of discrimination (General Survey, 1999, paragraph 266). In this context, the Committee also refers to Paragraph 28 of the HIV and AIDS Recommendation, 2010, according to which migrant workers, or those seeking to migrate for employment, should not be excluded from migration by countries of origin, of transit or of destination on the basis of their real or perceived HIV status. The Committee requests the Government to provide information on whether any assessment is being made in cases where a migrant worker is refused entry on the basis of section 5(1)(c) of the Immigration Act as to whether the infection or illness would have had an effect on the task for which the worker had been recruited. The Committee also requests the Government to clarify whether section 5(1)(c) would cover migrant workers living with HIV, and to provide information on the number of migrant workers requesting to enter Belize who have been refused entry on the basis of the above provisions of the Immigration Act.

Article 6. Equality of treatment. The Committee recalls the Government’s previous statement 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, while noting the provisions in the Labour Act concerning conditions of work, also notes that the Labour Act protects against discrimination on the basis of race, sex, religion or nationality only with respect to unfair dismissal or discipline (section 42 of the Labour (Amendment) Act of 2011). The Government indicates that labour officials, through advice, education and inspection of employers, workers and other interested parties, ensure dissemination of information regarding equality of treatment, and that many labour complaints, including those giving rise to complaints for compensation, come from workers from neighbouring countries of Central America. The Committee notes that efforts are made to explain procedures in Spanish and that valid claims are usually amicably settled directly with the employer without recourse to the courts. Regular migrant workers whose contracts have been terminated and who are unable to settle the case through the Labour Department or directly with the employer, can have access to the courts on an equal basis with nationals. The Committee asks the Government to provide information on any cases dealt with by the labour inspection services, the Labour Department or the courts with respect to the matters raised in Article 6(1)(a)–(d) of the Convention, irrespective of reciprocity. Please indicate the mechanisms and procedures allowing migrant workers to seek redress on an equal footing with nationals regarding situations of non-respect of the right to equal treatment with respect to working conditions, including termination, in practice, without facing the risk of losing their residence permit.

Article 8. Maintenance of residence in the event of incapacity for work. The Committee notes with interest that section 11(1) and (2) of the Immigration Act, Chapter 156 reproduces Article 8(1) and (2) of the Convention, providing for the right of migrants for employment admitted on a permanent basis to maintain residence in the event of incapacity for work due to illness contracted or injury sustained subsequent to entry.

Statistics. The Committee notes the statistics provided by the Government, including the recent Labour Force Survey 2012 indicating that 29,951 persons were foreign born out of the total employed population of 126,722. In 2010, the number of approved temporary employment permits totalled 936, with the majority of the applications received from Guatemalans (449) and Hondurans (121). In 2011, the number of temporary employment permits totalled 568 with the majority being from United States citizens (156) and Guatemalan nationals (125). Most of the employment was in farm work. The Committee also notes that the Immigration and Nationality Department recorded the entry of 16 refugees in 2009, 25 refugees in 2010 and 20 refugees in 2011. With regard to the persons applying in 2009–11 for the qualifying certificates under the Caribbean Community (free Movement of Skilled Persons) Act, 1999, 39 certificates were issued to Belizeans and 40 certificates were issued to CARICOM nationals (15 men and 25 women) for employment in finance, education and tourism. Please continue to provide statistical data, disaggregated by sex and nationality on the number of foreign nationals employed in Belize, as well as on the number of nationals employed abroad with an indication of the country of destination and the sector of employment.