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

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

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

Article 1(b) of the Convention. Work of equal value. The Committee recalls that section 3(1) of the Equal Pay Act of 2003 refers to “equal pay for equal work”, which is narrower than the principle of the Convention, and that section 2(1) of the Act is limited to work involving similar duties, conditions, qualifications, skills, effort, etc. and does not encompass the concept of “equal value”. The Committee also recalls that the Labour Advisory Board (LAB), which is comprised of representatives from employers’ and workers’ organizations, had proposed amendments to extend the application of the Equal Pay Act to cover claims for equal pay for work of equal value, and notes the Government’s indication that this revision process is still under way. The Committee recalls that the concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, as it permits a broad scope of comparison, including, but going beyond, equal remuneration for “equal” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (General Survey on the fundamental Conventions, 2012, paragraph 673). The Committee asks the Government to continue to provide information on the steps taken to follow up on the LAB’s recommendation to revise the Equal Pay Act, 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. Please also provide information on current measures taken to implement the National Gender Policy with respect to adopting special strategies requiring equal remuneration for work of equal value.

Article 1(a). Equal remuneration. The Committee recalls the Government’s statement that, according to the Widows’ and Children’s Pension Act, only male public officers contribute to the Children’s Pension Fund, and therefore the pension is paid only to their wives and children under the age of 16 and those children pursuing full-time education. The Committee also recalls that the Ministry of Labour had undertaken consultations with the LAB to amend the Widow’s and Children’s Pension Act to ensure that women and men are treated equally with respect to the opportunity to contribute to the pension scheme and to be entitled to the benefits under the Act. The Committee notes the Government’s indication in general terms that the LAB is in the process of undertaking a legislative review including as regards pension rights. The Committee asks the Government to take concrete steps to amend the Widow’s and Children’s Pension Act so that it provides equal access and benefits to women and men, or to repeal the Act. It also again asks the Government to provide information on any follow-up action being taken to amend other laws which treat women in a discriminatory manner, inter alia, as regards pension rights as identified in the National Gender Policy.

Article 2. The Committee notes the Government’s indication that the Statistical Institute of Belize conducted a labour force survey in April 2012, according to which men constituted the larger part of the labour force at 80,294, while the number of women was 46,428; men generally earned more than women. It also notes the Government’s indication that, by virtue of Statutory Instruments Nos 55 and 56 of 2012, the minimum wage increased from 3.1 Belize dollars (BZD) per hour to BZD3.3 per hour. The Committee again asks the Government to indicate the specific measures taken or envisaged to address the gender pay gap, including the measures to increase the representation of women in middle and higher income levels, and the results achieved. The Committee also asks the Government 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. Noting that the documents were not attached to the Government’s report, please provide a copy of the table “Total Employed Population by Sex, District and Selected Characteristics”, and Statutory Instruments Nos 55 and 56 of 2012.

Public sector. The Committee recalls its previous comments concerning the pay scales for public officers, police officers and members of the defence force, disaggregated by sex, and the participation of women at all levels of the police and the defence force. It notes the Government’s acknowledgement that the participation of women at all levels of the police and the defence force is limited, and this is due to the fact that these occupations are considered by the majority as “male jobs”. The Committee also notes the Government’s indication that, under a programme of the National Women’s Commission entitled “Women in Politics”, training has been given on how to successfully run for public office. The Committee asks the Government to provide detailed information, disaggregated by sex, on the prevailing pay scales and the corresponding grades and posts and on the measures taken or envisaged to increase the participation of women at all levels of the police and the defence force, including any awareness-raising activities to combat stereotypes regarding women’s aspirations, preferences and capabilities. It also asks the Government to provide information on the impact of the training programme “Women in Politics” on the number of women in public office, with a view to decreasing the gender pay gap in the public sector.

Articles 3 and 4. Objective job evaluation. Cooperation with employers’ and workers’ organizations. The Committee recalls that draft amendments made by the LAB include provision for job evaluation studies to assist with assessing the value of work. It notes the Government’s indication that this revision process is still under way. The Committee asks the Government to continue to provide information on the activities of the LAB, 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 again asks the Government to provide any other information on cooperation with employers’ and workers’ organizations for the purposes of giving effect to the provisions of the Convention.

Enforcement. 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.