Abolition of Forced Labour Convention, 1957 (No. 105) - Belize (Ratification: 1983)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1(a) of the Convention. Sanctions involving the obligation to work as a punishment for the expression of political views or views ideologically opposed to the established political, social or economic system. The Committee notes that according to section 231 of the Criminal Code, Chapter 101, a person who continues to engage in a riot or assemble for the purpose of committing a riot, after a proclamation is made commanding the persons engaged therein to disperse, is punishable by imprisonment for five years (sanctions of imprisonment involve compulsory labour pursuant to section 66 of the Prison Rules, Chapter 101). Section 245(1) of the Criminal Code defines riot as the situation in which five or more persons together in any public or private place commence or attempt to, among others, execute a common purpose of obstructing or resisting the execution of any legal process or authority. The Committee recalls that when criminal provisions are worded in terms broad enough to lend themselves to application as a means of punishment for expressing political views or views ideologically opposed to the established political, social or economic system, and in so far as they are enforceable with sanctions involving compulsory labour, such provisions fall within the scope of the Convention. The Committee has stressed, nevertheless, that the imposition of penalties involving compulsory labour on persons who use violence, incite to violence or engage in preparatory acts aimed at violence are not incompatible with the Convention (see 2012 General Survey on the fundamental Conventions, paragraphs 302 to 307). The Committee therefore requests the Government to provide information on any case of practical application of section 231 of the Criminal Code, including copies of relevant court decisions illustrating their scope of application and indicating the acts that were subject to sanctions and the penalties imposed, in order to enable the Committee to ascertain the scope of this provision.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. In its previous comments, the Committee noted that section 60(1) and (3) of the Harbours and Merchant Shipping Act, Chapter 234 (revised edition, 2000) provided for penalties of imprisonment for breaches of discipline such as desertion or absence without leave and disobedience, and that deserted seafarers may be forcibly returned on board ship. The Committee noted that by virtue of section 66 of the Prison Rules, Chapter 110, every convicted prisoner has the obligation to perform labour. The Committee recalled that the imposition of sanctions involving compulsory labour in relation to disciplinary offences should be limited to acts tending to endanger the ship or the life or health of persons. The Committee also pointed out that provisions under which seafarers may be forcibly returned on board ship to perform their duties are incompatible with this Convention. Therefore, it requested the Government to take measures to bring the Harbours and Merchant Shipping Act, into conformity with the Convention. The Committee notes with satisfaction that section 60 of the Harbours and Merchant Shipping Act (Chapter 234) was repealed by the Act No. 11 of 2007.

Article 1(c) and (d). Penalties involving compulsory labour as a punishment for having participated in strikes. For a number of years, the Committee has referred to section 35 (2) of the Trade Unions Act, Chapter 300, according to which a person employed for the provision of a public service (electricity, water, railway, health, sanitary or medical service, communication or any other services declared by the Minister to be a public service), who wilfully or maliciously breaks his/her contractual obligations knowing or having reasonable cause to believe that the probable consequences of his/her so doing, either alone or in combination with others, will be to cause injury or danger or grave inconvenience to the community, commits an offence and is liable to imprisonment.

The Committee observed that section 35(2) of the Trade Unions Act provides for prison sanctions involving compulsory labour in relation to acts that will not only cause injury or danger to the community but, alternatively, will cause grave inconvenience to the community, and applies to a large range of public services that are not limited to services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. The Committee recalled in this respect that the imposition of sanctions involving compulsory labour as a punishment for breaches of labour discipline or for having participated in strikes is incompatible with the Convention.

The Committee notes the Government’s indication in its report that the Labour Advisory Board was reactivated to revise national legislation in order to bring it into conformity with international labour Conventions. Thus, the Committee once again requests the Government to take the necessary measures to review section 35 (2) of the Trade Unions Act in order to bring the legislation into conformity with the Convention and ensure that no sanctions involving compulsory labour could be imposed as a punishment for breaches of labour discipline that do not endanger the life, personal safety or health of the whole or part of the population, or for peaceful participation in strikes. The Committee requests the Government to provide information on any progress made in this respect and encourages the Government to avail itself of ILO technical assistance in this regard.

The Committee is raising other points in a request addressed directly to the Government.

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

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(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to certain provisions of the merchant shipping legislation, under which penalties of imprisonment (involving compulsory prison labour, by virtue of section 66 of the Prison Rules) may be imposed for breaches of discipline such as desertion or absence without leave and disobedience, and deserted seafarers may be forcibly returned on board ship (section 60(1) and (3) of the Harbours and Merchant Shipping Act, Chapter 234, revised edition, 2000).

The Government previously indicated that necessary measures would be taken in order to bring merchant shipping legislation into conformity with the Convention. The Government also indicated that maritime issues form a part of the agenda of the Labour Advisory Board which is in charge of the revision of the national legislation.

The Committee welcomes the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), by Belize on 8 July 2014. The Committee therefore trusts that the Government will provide information on the measures taken in order to bring the merchant shipping legislation into conformity with the Convention.

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat 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(c) and (d) of the Convention. Penalties involving compulsory labour as a punishment for breaches of labour discipline or for having participated in strikes. For many years, the Committee has been referring to section 35(2) of the Trade Unions Act, under which a penalty of imprisonment (involving an obligation to perform labour, by virtue of section 66 of the Prison Rules) may be imposed on any person employed by the Government, municipal authority or any employer in charge of supplying electricity, water, railway, health, sanitary or medical services or communications or any other service that may, by proclamation, be declared by the Governor to be a public service, if such person wilfully and maliciously breaks a contract of service, knowing or having reasonable cause to believe that the probable consequences will be to cause injury or danger or grave inconvenience to the community. The Committee has also noted that section 2 of the Settlement of Disputes (Essential Services) Act, Statutory Instrument No. 92 of 1981, declared the national fire service, postal service, monetary and financial services (banks, treasury, monetary authority), airports (civil aviation and airport security services) and the port authority (pilots and security services) to be essential services, and Statutory Instrument No. 51 of 1988 declared the social security scheme administered by the Social Security Branch an essential service.

The Committee has recalled in this respect that the imposition of sanctions involving compulsory labour as a punishment for breaches of labour discipline or for having participated in strikes is incompatible with the Convention. It has noted that section 35(2) of the Trade Unions Act refers not only to injury or danger but, alternatively, to grave inconvenience to the community, and applies not only to essential services, but also to other services, such as most employment under the Government or a municipal authority and most banking, postal and transport services.

The Government indicates in its report that one of the main tasks of the newly revived Labour Advisory Board is the revision of the national legislation, and that the Board has regrouped the legislation under revision into six topics, including trade unions’ rights. The Government also states that, although trade unions’ legislation has not yet been covered, the intention is to revise it in order to bring it into conformity with the international labour Conventions, and that the Committee’s concern regarding section 35(2) of the Trade Unions Act will definitely be taken into consideration. While taking due note of this information, the Committee trusts that the process of the revision of the Trade Unions Act will be completed in the near future, so as to ensure that no sanctions involving compulsory labour could be imposed as a punishment for breaches of labour discipline or for peaceful participation in strikes.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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 2020, 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(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to certain provisions of the merchant shipping legislation, under which penalties of imprisonment (involving compulsory prison labour, by virtue of section 66 of the Prison Rules) may be imposed for breaches of discipline such as desertion or absence without leave and disobedience, and deserted seafarers may be forcibly returned on board ship (section 60(1) and (3) of the Harbours and Merchant Shipping Act, Chapter 234, revised edition, 2000).

The Government previously indicated that necessary measures would be taken in order to bring merchant shipping legislation into conformity with the Convention. The Government also indicated that maritime issues form a part of the agenda of the Labour Advisory Board which is in charge of the revision of the national legislation.

The Committee welcomes the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), by Belize on 8 July 2014. The Committee therefore trusts that the Government will provide information on the measures taken in order to bring the merchant shipping legislation into conformity with the Convention.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, 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(c) and (d) of the Convention. Penalties involving compulsory labour as a punishment for breaches of labour discipline or for having participated in strikes. For many years, the Committee has been referring to section 35(2) of the Trade Unions Act, under which a penalty of imprisonment (involving an obligation to perform labour, by virtue of section 66 of the Prison Rules) may be imposed on any person employed by the Government, municipal authority or any employer in charge of supplying electricity, water, railway, health, sanitary or medical services or communications or any other service that may, by proclamation, be declared by the Governor to be a public service, if such person wilfully and maliciously breaks a contract of service, knowing or having reasonable cause to believe that the probable consequences will be to cause injury or danger or grave inconvenience to the community. The Committee has also noted that section 2 of the Settlement of Disputes (Essential Services) Act, Statutory Instrument No. 92 of 1981, declared the national fire service, postal service, monetary and financial services (banks, treasury, monetary authority), airports (civil aviation and airport security services) and the port authority (pilots and security services) to be essential services, and Statutory Instrument No. 51 of 1988 declared the social security scheme administered by the Social Security Branch an essential service.

The Committee has recalled in this respect that the imposition of sanctions involving compulsory labour as a punishment for breaches of labour discipline or for having participated in strikes is incompatible with the Convention. It has noted that section 35(2) of the Trade Unions Act refers not only to injury or danger but, alternatively, to grave inconvenience to the community, and applies not only to essential services, but also to other services, such as most employment under the Government or a municipal authority and most banking, postal and transport services.

The Government indicates in its report that one of the main tasks of the newly revived Labour Advisory Board is the revision of the national legislation, and that the Board has regrouped the legislation under revision into six topics, including trade unions’ rights. The Government also states that, although trade unions’ legislation has not yet been covered, the intention is to revise it in order to bring it into conformity with the international labour Conventions, and that the Committee’s concern regarding section 35(2) of the Trade Unions Act will definitely be taken into consideration. While taking due note of this information, the Committee trusts that the process of the revision of the Trade Unions Act will be completed in the near future, so as to ensure that no sanctions involving compulsory labour could be imposed as a punishment for breaches of labour discipline or for peaceful participation in strikes.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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 initially made in 2011.

Repetition

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to certain provisions of the merchant shipping legislation, under which penalties of imprisonment (involving compulsory prison labour, by virtue of section 66 of the Prison Rules) may be imposed for breaches of discipline such as desertion or absence without leave and disobedience, and deserted seafarers may be forcibly returned on board ship (section 60(1) and (3) of the Harbours and Merchant Shipping Act, Chapter 234, revised edition, 2000).

The Government previously indicated that necessary measures would be taken in order to bring merchant shipping legislation into conformity with the Convention. The Government also indicated that maritime issues form a part of the agenda of the Labour Advisory Board which is in charge of the revision of the national legislation.

The Committee welcomes the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), by Belize on 8 July 2014. The Committee therefore trusts that the Government will provide information on the measures taken in order to bring the merchant shipping legislation into conformity with the Convention.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2011.

Repetition

Article 1(c) and (d) of the Convention. Penalties involving compulsory labour as a punishment for breaches of labour discipline or for having participated in strikes. For many years, the Committee has been referring to section 35(2) of the Trade Unions Act, under which a penalty of imprisonment (involving an obligation to perform labour, by virtue of section 66 of the Prison Rules) may be imposed on any person employed by the Government, municipal authority or any employer in charge of supplying electricity, water, railway, health, sanitary or medical services or communications or any other service that may, by proclamation, be declared by the Governor to be a public service, if such person wilfully and maliciously breaks a contract of service, knowing or having reasonable cause to believe that the probable consequences will be to cause injury or danger or grave inconvenience to the community. The Committee has also noted that section 2 of the Settlement of Disputes (Essential Services) Act, Statutory Instrument No. 92 of 1981, declared the national fire service, postal service, monetary and financial services (banks, treasury, monetary authority), airports (civil aviation and airport security services) and the port authority (pilots and security services) to be essential services, and Statutory Instrument No. 51 of 1988 declared the social security scheme administered by the Social Security Branch an essential service.

The Committee has recalled in this respect that the imposition of sanctions involving compulsory labour as a punishment for breaches of labour discipline or for having participated in strikes is incompatible with the Convention. It has noted that section 35(2) of the Trade Unions Act refers not only to injury or danger but, alternatively, to grave inconvenience to the community, and applies not only to essential services, but also to other services, such as most employment under the Government or a municipal authority and most banking, postal and transport services.

The Government indicates in its report that one of the main tasks of the newly revived Labour Advisory Board is the revision of the national legislation, and that the Board has regrouped the legislation under revision into six topics, including trade unions’ rights. The Government also states that, although trade unions’ legislation has not yet been covered, the intention is to revise it in order to bring it into conformity with the international labour Conventions, and that the Committee’s concern regarding section 35(2) of the Trade Unions Act will definitely be taken into consideration. While taking due note of this information, the Committee trusts that the process of the revision of the Trade Unions Act will be completed in the near future, so as to ensure that no sanctions involving compulsory labour could be imposed as a punishment for breaches of labour discipline or for peaceful participation in strikes.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with 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 initially made in 2011.

Repetition

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to certain provisions of the merchant shipping legislation, under which penalties of imprisonment (involving compulsory prison labour, by virtue of section 66 of the Prison Rules) may be imposed for breaches of discipline such as desertion or absence without leave and disobedience, and deserted seafarers may be forcibly returned on board ship (section 60(1) and (3) of the Harbours and Merchant Shipping Act, Chapter 234, revised edition, 2000).

The Government previously indicated that necessary measures would be taken in order to bring merchant shipping legislation into conformity with the Convention. The Government also indicated that maritime issues form a part of the agenda of the Labour Advisory Board which is in charge of the revision of the national legislation.

The Committee welcomes the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), by Belize on 8 July 2014. The Committee therefore trusts that the Government will provide information on the measures taken in order to bring the merchant shipping legislation into conformity with the Convention.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2011.

Repetition

Article 1(c) and (d) of the Convention. Penalties involving compulsory labour as a punishment for breaches of labour discipline or for having participated in strikes. For many years, the Committee has been referring to section 35(2) of the Trade Unions Act, under which a penalty of imprisonment (involving an obligation to perform labour, by virtue of section 66 of the Prison Rules) may be imposed on any person employed by the Government, municipal authority or any employer in charge of supplying electricity, water, railway, health, sanitary or medical services or communications or any other service that may, by proclamation, be declared by the Governor to be a public service, if such person wilfully and maliciously breaks a contract of service, knowing or having reasonable cause to believe that the probable consequences will be to cause injury or danger or grave inconvenience to the community. The Committee has also noted that section 2 of the Settlement of Disputes (Essential Services) Act, Statutory Instrument No. 92 of 1981, declared the national fire service, postal service, monetary and financial services (banks, treasury, monetary authority), airports (civil aviation and airport security services) and the port authority (pilots and security services) to be essential services, and Statutory Instrument No. 51 of 1988 declared the social security scheme administered by the Social Security Branch an essential service.

The Committee has recalled in this respect that the imposition of sanctions involving compulsory labour as a punishment for breaches of labour discipline or for having participated in strikes is incompatible with the Convention. It has noted that section 35(2) of the Trade Unions Act refers not only to injury or danger but, alternatively, to grave inconvenience to the community, and applies not only to essential services, but also to other services, such as most employment under the Government or a municipal authority and most banking, postal and transport services.

The Government indicates in its report that one of the main tasks of the newly revived Labour Advisory Board is the revision of the national legislation, and that the Board has regrouped the legislation under revision into six topics, including trade unions’ rights. The Government also states that, although trade unions’ legislation has not yet been covered, the intention is to revise it in order to bring it into conformity with the international labour Conventions, and that the Committee’s concern regarding section 35(2) of the Trade Unions Act will definitely be taken into consideration. While taking due note of this information, the Committee trusts that the process of the revision of the Trade Unions Act will be completed in the near future, so as to ensure that no sanctions involving compulsory labour could be imposed as a punishment for breaches of labour discipline or for peaceful participation in strikes.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with 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.

Repetition

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to certain provisions of the merchant shipping legislation, under which penalties of imprisonment (involving compulsory prison labour, by virtue of section 66 of the Prison Rules) may be imposed for breaches of discipline such as desertion or absence without leave and disobedience, and deserted seafarers may be forcibly returned on board ship (section 60(1) and (3) of the Harbours and Merchant Shipping Act, Chapter 234, revised edition, 2000).

The Government previously indicated that necessary measures would be taken in order to bring merchant shipping legislation into conformity with the Convention. The Government also indicated that maritime issues form a part of the agenda of the Labour Advisory Board which is in charge of the revision of the national legislation.

The Committee welcomes the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), by Belize on 8 July 2014. The Committee therefore trusts that the Government will provide information on the measures taken in order to bring the merchant shipping legislation into conformity with the Convention.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1(c) and (d) of the Convention. Penalties involving compulsory labour as a punishment for breaches of labour discipline or for having participated in strikes. For many years, the Committee has been referring to section 35(2) of the Trade Unions Act, under which a penalty of imprisonment (involving an obligation to perform labour, by virtue of section 66 of the Prison Rules) may be imposed on any person employed by the Government, municipal authority or any employer in charge of supplying electricity, water, railway, health, sanitary or medical services or communications or any other service that may, by proclamation, be declared by the Governor to be a public service, if such person wilfully and maliciously breaks a contract of service, knowing or having reasonable cause to believe that the probable consequences will be to cause injury or danger or grave inconvenience to the community. The Committee has also noted that section 2 of the Settlement of Disputes (Essential Services) Act, Statutory Instrument No. 92 of 1981, declared the national fire service, postal service, monetary and financial services (banks, treasury, monetary authority), airports (civil aviation and airport security services) and the port authority (pilots and security services) to be essential services, and Statutory Instrument No. 51 of 1988 declared the social security scheme administered by the Social Security Branch an essential service.

The Committee has recalled in this respect that the imposition of sanctions involving compulsory labour as a punishment for breaches of labour discipline or for having participated in strikes is incompatible with the Convention. It has noted that section 35(2) of the Trade Unions Act refers not only to injury or danger but, alternatively, to grave inconvenience to the community, and applies not only to essential services, but also to other services, such as most employment under the Government or a municipal authority and most banking, postal and transport services.

The Government indicates in its report that one of the main tasks of the newly revived Labour Advisory Board is the revision of the national legislation, and that the Board has regrouped the legislation under revision into six topics, including trade unions’ rights. The Government also states that, although trade unions’ legislation has not yet been covered, the intention is to revise it in order to bring it into conformity with the international labour Conventions, and that the Committee’s concern regarding section 35(2) of the Trade Unions Act will definitely be taken into consideration. While taking due note of this information, the Committee trusts that the process of the revision of the Trade Unions Act will be completed in the near future, so as to ensure that no sanctions involving compulsory labour could be imposed as a punishment for breaches of labour discipline or for peaceful participation in strikes.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to certain provisions of the merchant shipping legislation, under which penalties of imprisonment (involving compulsory prison labour, by virtue of section 66 of the Prison Rules) may be imposed for breaches of discipline such as desertion or absence without leave and disobedience, and deserted seafarers may be forcibly returned on board ship (section 60(1) and (3) of the Harbours and Merchant Shipping Act, Chapter 234, revised edition, 2000).

The Government previously indicated that necessary measures would be taken in order to bring merchant shipping legislation into conformity with the Convention. The Government also indicated that maritime issues form a part of the agenda of the Labour Advisory Board which is in charge of the revision of the national legislation.

The Committee welcomes the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), by Belize on 8 July 2014. The Committee therefore trusts that the Government will provide information on the measures taken in order to bring the merchant shipping legislation into conformity with the Convention.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1(c) and (d) of the Convention. Penalties involving compulsory labour as a punishment for breaches of labour discipline or for having participated in strikes. For many years, the Committee has been referring to section 35(2) of the Trade Unions Act, under which a penalty of imprisonment (involving an obligation to perform labour, by virtue of section 66 of the Prison Rules) may be imposed on any person employed by the Government, municipal authority or any employer in charge of supplying electricity, water, railway, health, sanitary or medical services or communications or any other service that may, by proclamation, be declared by the Governor to be a public service, if such person wilfully and maliciously breaks a contract of service, knowing or having reasonable cause to believe that the probable consequences will be to cause injury or danger or grave inconvenience to the community. The Committee has also noted that section 2 of the Settlement of Disputes (Essential Services) Act, Statutory Instrument No. 92 of 1981, declared the national fire service, postal service, monetary and financial services (banks, treasury, monetary authority), airports (civil aviation and airport security services) and the port authority (pilots and security services) to be essential services, and Statutory Instrument No. 51 of 1988 declared the social security scheme administered by the Social Security Branch an essential service.

The Committee has recalled in this respect that the imposition of sanctions involving compulsory labour as a punishment for breaches of labour discipline or for having participated in strikes is incompatible with the Convention. It has noted that section 35(2) of the Trade Unions Act refers not only to injury or danger but, alternatively, to grave inconvenience to the community, and applies not only to essential services, but also to other services, such as most employment under the Government or a municipal authority and most banking, postal and transport services.

The Government indicates in its report that one of the main tasks of the newly revived Labour Advisory Board is the revision of the national legislation, and that the Board has regrouped the legislation under revision into six topics, including trade unions’ rights. The Government also states that, although trade unions’ legislation has not yet been covered, the intention is to revise it in order to bring it into conformity with the international labour Conventions, and that the Committee’s concern regarding section 35(2) of the Trade Unions Act will definitely be taken into consideration. While taking due note of this information, the Committee trusts that the process of the revision of the Trade Unions Act will be completed in the near future, so as to ensure that no sanctions involving compulsory labour could be imposed as a punishment for breaches of labour discipline or for peaceful participation in strikes.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to certain provisions of the merchant shipping legislation, under which penalties of imprisonment (involving compulsory prison labour, by virtue of section 66 of the Prison Rules) may be imposed for breaches of discipline such as desertion or absence without leave and disobedience, and deserted seafarers may be forcibly returned on board ship (section 60(1) and (3) of the Harbours and Merchant Shipping Act, Chapter 234, revised edition, 2000).

The Committee notes the Government’s indications that the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), by Belize is under consideration and that necessary measures will be taken in order to bring merchant shipping legislation into conformity with the Convention. The Government also indicates that maritime issues form a part of the agenda of the Labour Advisory Board which is in charge of the revision of the national legislation. The Committee trusts that the necessary measures will be soon taken in order to bring the merchant shipping legislation into conformity with the Convention.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

Article 1(c) and (d) of the Convention. Penalties involving compulsory labour as a punishment for breaches of labour discipline or for having participated in strikes. For many years, the Committee has been referring to section 35(2) of the Trade Unions Act, under which a penalty of imprisonment (involving an obligation to perform labour, by virtue of section 66 of the Prison Rules) may be imposed on any person employed by the Government, municipal authority or any employer in charge of supplying electricity, water, railway, health, sanitary or medical services or communications or any other service that may, by proclamation, be declared by the Governor to be a public service, if such person wilfully and maliciously breaks a contract of service, knowing or having reasonable cause to believe that the probable consequences will be to cause injury or danger or grave inconvenience to the community. The Committee has also noted that section 2 of the Settlement of Disputes (Essential Services) Act, Statutory Instrument No. 92 of 1981, declared the national fire service, postal service, monetary and financial services (banks, treasury, monetary authority), airports (civil aviation and airport security services) and the port authority (pilots and security services) to be essential services, and Statutory Instrument No. 51 of 1988 declared the social security scheme administered by the Social Security Branch an essential service.

The Committee has recalled in this respect that the imposition of sanctions involving compulsory labour as a punishment for breaches of labour discipline or for having participated in strikes is incompatible with the Convention. It has noted that section 35(2) of the Trade Unions Act refers not only to injury or danger but, alternatively, to grave inconvenience to the community, and applies not only to essential services, but also to other services, such as most employment under the Government or a municipal authority and most banking, postal and transport services.

The Government indicates in its report that one of the main tasks of the newly revived Labour Advisory Board is the revision of the national legislation, and that the Board has regrouped the legislation under revision into six topics, including trade unions’ rights. The Government also states that, although trade unions’ legislation has not yet been covered, the intention is to revise it in order to bring it into conformity with the international labour Conventions, and that the Committee’s concern regarding section 35(2) of the Trade Unions Act will definitely be taken into consideration.

While taking due note of this information, the Committee trusts that the process of the revision of the Trade Unions Act will be completed in the near future, so as to ensure that no sanctions involving compulsory labour could be imposed as a punishment for breaches of labour discipline or for peaceful participation in strikes.

The Committee recalls that it raised other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to certain provisions of the merchant shipping legislation, under which penalties of imprisonment (involving compulsory prison labour, by virtue of section 66 of the Prison Rules) may be imposed for breaches of discipline such as desertion or absence without leave and disobedience, and deserted seafarers may be forcibly returned on board ship (section 60(1) and (3) of the Harbours and Merchant Shipping Act, Chapter 234, revised edition, 2000).

The Committee notes the Government’s indications that the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), by Belize is under consideration and that necessary measures will be taken in order to bring merchant shipping legislation into conformity with the Convention. The Government also indicates that maritime issues form a part of the agenda of the Labour Advisory Board which is in charge of the revision of the national legislation. The Committee trusts that the necessary measures will be soon taken in order to bring the merchant shipping legislation into conformity with the Convention.

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

Article 1(c) and (d) of the Convention. Penalties involving compulsory labour as a punishment for breaches of labour discipline or for having participated in strikes. For many years, the Committee has been referring to section 35(2) of the Trade Unions Act, under which a penalty of imprisonment (involving an obligation to perform labour, by virtue of section 66 of the Prison Rules) may be imposed on any person employed by the Government, municipal authority or any employer in charge of supplying electricity, water, railway, health, sanitary or medical services or communications or any other service that may, by proclamation, be declared by the Governor to be a public service, if such person wilfully and maliciously breaks a contract of service, knowing or having reasonable cause to believe that the probable consequences will be to cause injury or danger or grave inconvenience to the community. The Committee has also noted that section 2 of the Settlement of Disputes (Essential Services) Act, Statutory Instrument No. 92 of 1981, declared the national fire service, postal service, monetary and financial services (banks, treasury, monetary authority), airports (civil aviation and airport security services) and the port authority (pilots and security services) to be essential services, and Statutory Instrument No. 51 of 1988 declared the social security scheme administered by the Social Security Branch an essential service.

The Committee has recalled in this respect that the imposition of sanctions involving compulsory labour as a punishment for breaches of labour discipline or for having participated in strikes is incompatible with the Convention. It has noted that section 35(2) of the Trade Union Act refers not only to injury or danger but, alternatively, to grave inconvenience to the community, and applies not only to essential services, but also to other services, such as most employment under the Government or a municipal authority and most banking, postal and transport services.

The Government indicates in its report that one of the main tasks of the newly revived Labour Advisory Board is the revision of the national legislation, and that the Board has regrouped the legislation under revision into six topics, including trade unions’ rights. The Government also states that, although trade unions’ legislation has not yet been covered, the intention is to revise it in order to bring it into conformity with the international labour Conventions, and that the Committee’s concern regarding section 35(2) of the Trade Unions Act will definitely be taken into consideration.

While taking due note of this information, the Committee trusts that the process of the revision of the Trade Unions Act will be completed in the near future, so as to ensure that no sanctions involving compulsory labour could be imposed as a punishment for breaches of labour discipline or for peaceful participation in strikes.

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

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to certain provisions of the Merchant Shipping legislation, under which penalties of imprisonment (involving compulsory prison labour, by virtue of section 66 of the Prison Rules) may be imposed for breaches of discipline such as desertion and absence without leave and disobedience, and deserted seafarers may be forcibly returned on board ship (section 60(1) and (3) of the Harbours and Merchant Shipping Act, Chapter 234, Revised Edition, 2000).

The Committee again refers to the explanations provided in
paragraphs 179–181 of its General Survey of 2007 on the eradication of forced labour, in which it pointed out that, under the Convention, the imposition of sanctions involving compulsory labour in relation to disciplinary offences or strikes should be limited to acts tending to endanger the ship or the life or health of persons. The Committee also pointed out that that provisions under which seafarers may be forcibly returned on board ship to perform their duties are incompatible with the forced labour Conventions.

While noting the Government’s indication that the Committee’s comments will be submitted to the Labour Advisory Board for consultation with the relevant authorities, the Committee reiterates the firm hope that the necessary measures will soon be taken with a view to bringing the merchant shipping legislation into conformity with the Convention. It requests the Government to provide, in its next report, information on the action taken to this end.

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

Article 1(c) and (d) of the Convention. Penalties involving compulsory labour as a punishment for breaches of labour discipline or for having participated in strikes. In comments it has been making for a number of years, the Committee has referred to section 35(2) of the Trade Unions Act, under which a penalty of imprisonment (involving an obligation to perform labour, by virtue of section 66 of the Prison Rules) may be imposed on any person employed by the Government, municipal authority or any employer in charge of supplying electricity, water, railway, health, sanitary or medical services or communications or any other service that may by proclamation be declared by the Governor to be a public service, if such person wilfully and maliciously breaks a contract of service, knowing or having reasonable cause to believe that the probable consequences will be to cause injury or danger or grave inconvenience to the community. The Committee has also noted that section 2 of the Settlement of Disputes (Essential Services) Act, Statutory Instrument No. 92 of 1981, declared the national fire service, postal service, monetary and financial services (banks, treasury, monetary authority), airports (civil aviation and airport security services) and the port authority (pilots and security services) to be essential services, and Statutory Instrument No. 51 of 1988 declared the Social Security Scheme administered by the Social Security Branch an essential service.

The Committee pointed out that the imposition of sanctions involving compulsory labour as a punishment for breaches of labour discipline or for having participated in strikes is incompatible with the Convention. It noted that section 35(2) of the Trade Unions Act refers not only to injury or danger but, alternatively, to grave inconvenience to the community, and applies not only to essential services in the strict sense of the term (that is, services whose interruption would endanger the life, personal safety or health of the whole or part of the population), but also to other services, such as most employment under the Government or a municipal authority and most banking, postal and transport services.

The Committee notes from the Government’s report that section 35(2) of the Trade Unions Act has not been amended. It also notes the Government’s repeated indication that there have been no recorded penalties of imprisonment imposed under this section. The Government states that the comments made by the Committee will be submitted to the Labour Advisory Board, which was reactivated in March 2009, and that one of its main duties is to review national legislation. According to the report, the Ministry is currently in the process of identifying a consultant that will work along with the Labour Advisory Board to conduct the revision of the labour legislation.

While having noted these indications, the Committee trusts that the necessary measures will soon be taken to bring section 35(2) of the Trade Unions Act into conformity with the Convention and the indicated practice, and that the Government will report the progress made in this regard.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. In its earlier comments, the Committee referred to sections 221 and 225(1)(b), (c) and (e) of the Merchant Shipping Act, 1894, under which penalties of imprisonment (involving, by virtue of section 66 of the Prison Rules, an obligation to perform labour) may be imposed for breaches of discipline such as desertion and absence without leave and disobedience, and to sections 222–224 and 238 of the same Act which provide for the forcible return of seafarers on board ship. The Committee has noted that the Harbours and Merchant Shipping Act (Chapter 234), Revised Edition (2000), a copy of which has been communicated by the Government with its report, contains similar provisions (section 60(1) and (3)).

Referring to the explanations provided in paragraphs 179–181 of its General Survey of 2007 on the eradication of forced labour, the Committee points out once again that, under the Convention, the imposition of sanctions involving compulsory labour in relation to disciplinary offences or strikes should be limited to acts tending to endanger the ship or the life or health of persons. The Committee expresses firm hope that the necessary measures will be taken with a view to bringing the merchant shipping legislation into conformity with the Convention, and that the Government will provide, in its next report, information on the action taken to this end.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1(c) and (d) of the Convention. Penalties involving compulsory labour as a punishment for breaches of labour discipline or for having participated in strikes. In comments made for a number of years, the Committee has referred to section 35(2) of the Trade Unions Act, under which a penalty of imprisonment (involving, by virtue of section 66 of the Prison Rules, an obligation to perform labour) may be imposed on any person employed by the Government, municipal authority or any employer in charge of supplying electricity, water, railway, health, sanitary or medical services or communications or any other service that may by proclamation be declared by the Governor to be a public service, if such person wilfully and maliciously breaks a contract of service, knowing or having reasonable cause to believe that the probable consequences will be to cause injury or danger or grave inconvenience to the community. The Committee has also noted that section 2 of the Settlement of Disputes (Essential Services) Act, Statutory Instrument No. 92 of 1981, declared the national fire service, postal service, monetary and financial services (banks, treasury, monetary authority), airports (civil aviation and airport security services) and the port authority (pilots and security services) to be essential services; and Statutory Instrument No. 51 of 1988 declared the Social Security Scheme administered by the Social Security Branch an essential service.

The Committee pointed out that the imposition of sanctions involving compulsory labour as a punishment for breaches of labour discipline or for having participated in strikes is incompatible with the Convention. It noted that section 35(2) of the Trade Unions Act refers not only to injury or danger but, alternatively, to grave inconvenience to the community, and applies not only to essential services in the strict sense of the term (that is, services whose interruption would endanger the life, personal safety or health of the whole or part of the population), but also to other services, such as most employment under the Government or a municipal authority and most banking, postal and transport services.

The Committee has noted from the Government’s latest report that section 35(2) of the Trade Unions Act has not been amended. While having noted the Government's repeated indication in its earlier reports that there had been no recorded penalties of imprisonment imposed under this section, the Committee expresses firm hope that the necessary measures will be taken to bring section 35(2) of the Trade Unions Act into conformity with the Convention and the indicated practice, and that the Government will soon be in a position to report the progress achieved in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 1(c) and (d) of the Convention. Disciplinary measures applicable to seafarers. In its earlier comments, the Committee referred to sections 221 and 225(1)(b), (c) and (e) of the Merchant Shipping Act, 1894, under which penalties of imprisonment (involving, by virtue of section 66 of the Prison Rules, an obligation to perform labour) may be imposed for breaches of discipline such as desertion and absence without leave and disobedience, and to sections 222–224 and 238 of the same Act which provide for the forcible return of seafarers on board ship. The Committee has noted that the Harbours and Merchant Shipping Act (Chapter 234), Revised Edition (2000), a copy of which has been communicated by the Government with its report, contains similar provisions (section 60(1) and (3)).

Referring to the explanations provided in paragraphs 179–181 of its 2007 General Survey on the eradication of forced labour, the Committee points out once again that, under the Convention, the imposition of sanctions involving compulsory labour in relation to disciplinary offences or strikes should be limited to acts tending to endanger the ship or the life or health of persons. The Committee expresses firm hope that the necessary measures will be taken with a view to bringing the merchant shipping legislation into conformity with the Convention, and that the Government will provide, in its next report, information on the action taken to this end.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee has noted the Government’s brief reply to its earlier comments.

Article 1(c) and (d) of the Convention. Penalties involving compulsory labour as a punishment for breaches of labour discipline or for having participated in strikes. In comments made for a number of years, the Committee has referred to section 35(2) of the Trade Unions Act, under which a penalty of imprisonment (involving, by virtue of section 66 of the Prison Rules, an obligation to perform labour) may be imposed on any person employed by the Government, municipal authority or any employer in charge of supplying electricity, water, railway, health, sanitary or medical services or communications or any other service that may by proclamation be declared by the Governor to be a public service, if such person wilfully and maliciously breaks a contract of service, knowing or having reasonable cause to believe that the probable consequences will be to cause injury or danger or grave inconvenience to the community. The Committee has also noted that section 2 of the Settlement of Disputes (Essential Services) Act, Statutory Instrument No. 92 of 1981, declared the National Fire Service, Postal Service, Monetary and Financial Services (banks, treasury, monetary authority), Airports (civil aviation and airport security services) and the Port Authority (pilots and security services) to be essential services; and Statutory Instrument No. 51 of 1988 declared the Social Security Scheme administered by the Social Security Branch an essential service.

The Committee pointed out that the imposition of sanctions involving compulsory labour as a punishment for breaches of labour discipline or for having participated in strikes is incompatible with the Convention. It noted that section 35(2) of the Trade Unions Act refers not only to injury or danger but, alternatively, to grave inconvenience to the community, and applies not only to essential services in the strict sense of the term (that is, services whose interruption would endanger the life, personal safety or health of the whole or part of the population), but also to other services, such as most employment under the Government or a municipal authority and most banking, postal and transport services.

The Committee has noted from the Government’s latest report that section 35(2) of the Trade Unions Act has not been amended. While having noted the Government's repeated indication in its earlier reports that there had been no recorded penalties of imprisonment imposed under this section, the Committee expresses firm hope that the necessary measures will be taken to bring section 35(2) of the Trade Unions Act into conformity with the Convention and the indicated practice, and that the Government will soon be in a position to report the progress achieved in this regard.

 

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee previously noted that under sections 221 and 225(1)(b), (c) and (e) of the Merchant Shipping Act, 1894, penalties of imprisonment (involving, by virtue of section 66 of the Prison Rules, an obligation to work) may be imposed for breaches of discipline such as desertion and absence without leave and disobedience, and sections 222 to 224 and 238 of the same Act as well as section 73(1) of the Harbours and Merchant Shipping Ordinance provide for the forcible return of seamen on board ship. The Committee notes the Government’s indication in its report that the Harbour and Merchant Shipping Act (which seems to correspond to the former Harbours and Merchant Shipping Ordinance) has still not been amended.

Referring to the explanations provided in paragraphs 117 and 125 of its 1979 General Survey on the abolition of forced labour, where it pointed out that under the Convention the imposition of sanctions involving compulsory labour in relation to disciplinary offences or strikes should be limited to acts tending to endanger the ship or the life or health of persons, the Committee reiterates its hope that the Government will soon be in a position to indicate the action taken to bring the merchant shipping legislation into conformity with Article 1(c) and (d) of the Convention.

It also requests the Government to supply a copy of the Revised Edition (2000) of the Harbours and Merchant Shipping Act (Chapter 234), referred to by the Government in its report.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Article 1(c) and (d) of the Convention. In comments made for a number of years, the Committee has referred to section 35(2) of the Trade Unions Act, under which a penalty of imprisonment (involving, by virtue of section 66 of the Prison Rules, an obligation to work) may be imposed on any person employed by the Government, municipal authority or any employer in charge of supplying electricity, water, railway, health, sanitary or medical services or communications or any other service that may by proclamation be declared by the Governor to be a public service. The penalty of imprisonment may be imposed if such person wilfully and maliciously breaks a contract of service, knowing or having reasonable cause to believe that the probable consequences will be to cause injury or danger or grave inconvenience to the community. The Committee has also noted that section 2 of the Settlement of Disputes (Essential Services) Act, Statutory Instrument No. 92 of 1981, declared the National Fire Service, Postal Service, Monetary and Financial Services (banks, treasury, monetary authority), Airports (civil aviation and airport security services) and the Port Authority (pilots and security services) to be essential services; and Statutory Instrument No. 51 of 1988 declared the Social Security Scheme administered by the Social Security Branch an essential service.

The Committee notes from the Government’s report that section 35(2) of the Trade Unions Act has not been amended, but there have been no recorded penalties of imprisonment imposed under this section. It points out once again that, under Article 1(c) and (d) of the Convention, legislation providing for sanctions involving compulsory labour as a punishment for violations of labour discipline or for having participated in strikes must be repealed.

The Committee draws the Government’s attention to the explanations in paragraphs 110, 114-116 and 123 of its 1979 General Survey on the abolition of forced labour, where it considered that the Convention does not protect persons responsible for breaches of labour discipline that impair or are liable to endanger the operation of essential services in the strict sense of the term (that is, services whose interruption would endanger the life, personal safety or health of the whole or part of the population), or which are committed either to the exercise of functions that are essential to safety or in circumstances where life or health are in danger. However, to justify the non-application of Article 1(c) and (d) of the Convention in such cases, there must exist an effective danger to safety, life or health, not mere inconvenience. With regard to section 35(2) of the Trade Unions Act, the Committee previously noted that it refers not only to injury or danger but, alternatively, to grave inconvenience to the community, and applies not only to essential services in the strict sense of the term, but also to others whose interruption would not endanger the life, personal safety or health of the whole or part of the population, such as most employment under the Government or a municipal authority and most banking, postal and transport services.

Noting also the Government’s repeated indication that there are no recorded penalties of imprisonment imposed under section 35(2) of the Trade Unions Act, the Committee reiterates its hope that the necessary measure will at last be taken to bring section 35(2) of the Trade Unions Act into conformity with the Convention and the indicated practice. It asks the Government to provide, in its next report, information on the action taken to this end.

The Committee hopes that the Government will make every effort to take the necessary action.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee previously noted that under sections 221 and 225(1)(b), (c) and (e) of the Merchant Shipping Act, 1894, penalties of imprisonment (involving, by virtue of section 66 of the Prison Rules, an obligation to work) may be imposed for breaches of discipline such as desertion and absence without leave and disobedience, and sections 222 to 224 and 238 of the same Act as well as section 73(1) of the Harbours and Merchant Shipping Ordinance provide for the forcible return of seamen on board ship. The Committee notes the Government’s indication in its report that the Harbour and Merchant Shipping Act (which seems to correspond to the former Harbours and Merchant Shipping Ordinance) has still not been amended.

Referring to the explanations provided in paragraphs 117 and 125 of its 1979 General Survey on the abolition of forced labour, where it pointed out that under the Convention the imposition of sanctions involving compulsory labour in relation to disciplinary offences or strikes should be limited to acts tending to endanger the ship or the life or health of persons, the Committee reiterates its hope that the Government will soon be in a position to indicate the action taken to bring the merchant shipping legislation into conformity with Article 1(c) and (d) of the Convention.

It also requests the Government to supply a copy of the Revised Edition (2000) of the Harbours and Merchant Shipping Act (Chapter 234), referred to by the Government in its report.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s brief reply to its earlier comments.

Article 1(c) and (d) of the Convention. In comments made for a number of years, the Committee has referred to section 35(2) of the Trade Unions Act, under which a penalty of imprisonment (involving, by virtue of section 66 of the Prison Rules, an obligation to work) may be imposed on any person employed by the Government, municipal authority or any employer in charge of supplying electricity, water, railway, health, sanitary or medical services or communications or any other service that may by proclamation be declared by the Governor to be a public service. The penalty of imprisonment may be imposed if such person wilfully and maliciously breaks a contract of service, knowing or having reasonable cause to believe that the probable consequences will be to cause injury or danger or grave inconvenience to the community. The Committee has also noted that section 2 of the Settlement of Disputes (Essential Services) Act, Statutory Instrument No. 92 of 1981, declared the National Fire Service, Postal Service, Monetary and Financial Services (banks, treasury, monetary authority), Airports (civil aviation and airport security services) and the Port Authority (pilots and security services) to be essential services; and Statutory Instrument No. 51 of 1988 declared the Social Security Scheme administered by the Social Security Branch an essential service.

The Committee notes from the Government’s report that section 35(2) of the Trade Unions Act has not been amended, but there have been no recorded penalties of imprisonment imposed under this section. It points out once again that, under Article 1(c) and (d) of the Convention, legislation providing for sanctions involving compulsory labour as a punishment for violations of labour discipline or for having participated in strikes must be repealed.

The Committee draws the Government’s attention to the explanations in paragraphs 110, 114-116 and 123 of its 1979 General Survey on the abolition of forced labour, where it considered that the Convention does not protect persons responsible for breaches of labour discipline that impair or are liable to endanger the operation of essential services in the strict sense of the term (that is, services whose interruption would endanger the life, personal safety or health of the whole or part of the population), or which are committed either to the exercise of functions that are essential to safety or in circumstances where life or health are in danger. However, to justify the non-application of Article 1(c) and (d) of the Convention in such cases, there must exist an effective danger to safety, life or health, not mere inconvenience. With regard to section 35(2) of the Trade Unions Act, the Committee previously noted that it refers not only to injury or danger but, alternatively, to grave inconvenience to the community, and applies not only to essential services in the strict sense of the term, but also to others whose interruption would not endanger the life, personal safety or health of the whole or part of the population, such as most employment under the Government or a municipal authority and most banking, postal and transport services.

Noting also the Government’s repeated indication that there are no recorded penalties of imprisonment imposed under section 35(2) of the Trade Unions Act, the Committee reiterates its hope that the necessary measure will at last be taken to bring section 35(2) of the Trade Unions Act into conformity with the Convention and the indicated practice. It asks the Government to provide, in its next report, information on the action taken to this end.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee previously noted that under sections 221 and 225(1)(b), (c) and (e) of the Merchant Shipping Act, 1894, penalties of imprisonment (involving, by virtue of section 66 of the Prison Rules, an obligation to work) may be imposed for breaches of discipline such as desertion and absence without leave and disobedience, and sections 222 to 224 and 238 of the same Act as well as section 73(1) of the Harbours and Merchant Shipping Ordinance (Ch. 149) provide for the forcible return of seamen on board ship. The Committee previously also noted that the United Kingdom Merchant Shipping Acts, 1894, 1965 and 1974 are not listed in the Consolidated index of statutes and subsidiary legislation compiled in the framework of the West Indian Legislation Indexing Project (WILIP), and requested the Government to indicate whether these Acts and more particularly sections 221 to 224, 225(1)(b) and (c) and 238 of the 1894 Act have been repealed and, if so, to provide a copy of the repealing legislation. The Committee notes that no reply has been given to this request, and that the Government indicates in its latest reports that the Harbour and Shipping Act (which seems to correspond to the former Harbours Merchant Shipping Ordinance) has still not been amended. Referring to the explanations provided in paragraphs 117 and 125 of its 1979 General Survey on the abolition of forced labour, the Committee hopes that the Government will soon be in a position to indicate that action has been taken to bring the merchant shipping legislation into conformity with Article 1(c) and (d) of the Convention.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Article 1(c) and (d) of the Convention. In comments made for a number of years, the Committee has referred to section 35(2) of the Trade Unions Act (Ch. 238), under which a penalty of imprisonment (involving, by virtue of section 66 of the Prison Rules, an obligation to work) may be imposed on any person employed by the Government, municipal authority or any employer in charge of supplying electricity, water, railway, health, sanitary or medical services or communications or any other service that may by proclamation be declared by the Governor to be a public service, if such person wilfully and maliciously breaks a contract of service, knowing or having reasonable cause to believe that the probable consequences will be to cause injury or danger or grave inconvenience to the community. The Committee has also noted that, in pursuance of section 2 of the Settlement of Disputes Essential Services Act (Ch. 235), Statutory Instrument No. 92 of 1981 declared the National Fire Service, Postal Service, Monetary and Financial Services (banks, treasury, monetary authority), Airports (civil aviation and airport security services) and the Port Authority (pilots and security services) to be essential services; Statutory Instrument No. 51 of 1988 declared the Social Security Scheme administered by the Social Security Branch an essential service; and Statutory Instrument No. 32 of 1984 declared Revenue Services, including all Revenue Collecting Departments and Agencies of the Government to be essential services.

The Committee noted from the Government’s 1994 report that there have been no steps to bring section 35(2) of the Trade Unions Act into conformity with the requirements of the Convention. It recalls that under Article 1(c) and (d) of the Convention, legislation providing for sanctions involving compulsory labour as a punishment for violations of labour discipline or for having participated in strikes must be repealed. It refers also to the explanations in paragraphs 110, 114 to 116 and 123 of its General Survey of 1979 on the abolition of forced labour. Whilst it notes that there are no recorded penalties of imprisonment imposed under section 35(2), the Committee again expresses the hope that the necessary measures will be taken to bring section 35(2), as well as actual practice, into conformity with the Convention and that meanwhile the Government will provide information on its application in practice, including any cases in which penalties of imprisonment have been imposed under it.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee previously noted that under sections 221 and 225(1)(b), (c) and (e) of the Merchant Shipping Act, 1894, penalties of imprisonment (involving, by virtue of section 66 of the Prison Rules, an obligation to work) may be imposed for breaches of discipline such as desertion and absence without leave and disobedience, and sections 222 to 224 and 238 of the same Act as well as section 73(1) of the Harbours and Merchant Shipping Ordinance (Ch. 149) provide for the forcible return of seamen on board ship. The Committee previously also noted that the United Kingdom Merchant Shipping Acts, 1894, 1965 and 1974 are not listed in the Consolidated index of statutes and subsidiary legislation compiled in the framework of the West Indian Legislation Indexing Project (WILIP), and requested the Government to indicate whether these Acts and more particularly sections 221 to 224, 225(1)(b) and (c) and 238 of the 1894 Act have been repealed and, if so, to provide a copy of the repealing legislation. The Committee notes that no reply has been given to this request, and that the Government indicates in its latest reports that the Harbour and Shipping Act (which seems to correspond to the former Harbours Merchant Shipping Ordinance) has still not been amended. Referring to the explanations provided in paragraphs 117 and 125 of its 1979 General Survey on the abolition of forced labour, the Committee hopes that the Government will soon be in a position to indicate that action has been taken to bring the merchant shipping legislation into conformity with Article 1(c) and (d) of the Convention.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Article 1(c) and (d) of the Convention.  In comments made for a number of years, the Committee has referred to section 35(2) of the Trade Unions Act (Ch. 238), under which a penalty of imprisonment (involving, by virtue of section 66 of the Prison Rules, an obligation to work) may be imposed on any person employed by the Government, municipal authority or any employer in charge of supplying electricity, water, railway, health, sanitary or medical services or communications or any other service that may by proclamation be declared by the Governor to be a public service, if such person wilfully and maliciously breaks a contract of service, knowing or having reasonable cause to believe that the probable consequences will be to cause injury or danger or grave inconvenience to the community. The Committee has also noted that, in pursuance of section 2 of the Settlement of Disputes Essential Services Act (Ch. 235), Statutory Instrument No. 92 of 1981 declared the National Fire Service, Postal Service, Monetary and Financial Services (banks, treasury, monetary authority), Airports (civil aviation and airport security services) and the Port Authority (pilots and security services) to be essential services; Statutory Instrument No. 51 of 1988 declared the Social Security Scheme administered by the Social Security Branch an essential service; and Statutory Instrument No. 32 of 1984 declared Revenue Services, including all Revenue Collecting Departments and Agencies of the Government to be essential services.

The Committee noted from the Government’s 1994 report that there have been no steps to bring section 35(2) of the Trade Unions Act into conformity with the requirements of the Convention. It recalls that under the Convention, legislation providing for sanctions involving compulsory labour as a punishment for violations of labour discipline or for having participated in strikes must be repealed. It refers also to the explanations in paragraphs 110, 114 to 116 and 123 of its General Survey of 1979 on the abolition of forced labour. Whilst it notes that there are no recorded penalties of imprisonment imposed under section 35(2), the Committee again expresses the hope that the necessary measures will be taken to bring section 35(2), as well as actual practice, into conformity with the Convention and that meanwhile the Government will provide information on its application in practice, including any cases in which penalties of imprisonment have been imposed under it.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that no report has been received from the Government. Further to its observation, the Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following points:

The Committee previously noted that under sections 221 and 225(1)(b), (c) and (e) of the Merchant Shipping Act, 1894, penalties of imprisonment (involving, by virtue of section 66 of the Prison Rules, an obligation to work) may be imposed for breaches of discipline such as desertion and absence without leave and disobedience, and sections 222 to 224 and 238 of the same Act as well as section 73(1) of the Harbours and Merchant Shipping Ordinance (Ch. 149) provide for the forcible return of seamen on board ship. The Committee previously also noted that the United Kingdom Merchant Shipping Acts, 1894, 1965 and 1974 are not listed in the Consolidated index of statutes and subsidiary legislation compiled in the framework of the West Indian Legislation Indexing Project (WILIP), and requested the Government to indicate whether these Acts and more particularly sections 221 to 224, 225(1)(b) and (c) and 238 of the 1894 Act have been repealed and, if so, to provide a copy of the repealing legislation. The Committee notes that no reply has been given to this request, and that the Government indicates in its latest reports that the Harbour and Shipping Act (which seems to correspond to the former Harbours Merchant Shipping Ordinance) has still not been amended. Referring to the explanations provided in paragraphs 117 and 125 of its 1979 General Survey on the abolition of forced labour, the Committee hopes that the Government will soon be in a position to indicate that action has been taken to bring the merchant shipping legislation into conformity with Article 1(c) and (d) of the Convention.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Article 1(c) and (d) of the Convention. In comments made for a number of years, the Committee has referred to section 35(2) of the Trade Unions Act (Ch. 238), under which a penalty of imprisonment (involving, by virtue of section 66 of the Prison Rules, an obligation to work) may be imposed on any person employed by the Government, municipal authority or any employer in charge of supplying electricity, water, railway, health, sanitary or medical services or communications or any other service that may by proclamation be declared by the Governor to be a public service, if such person wilfully and maliciously breaks a contract of service, knowing or having reasonable cause to believe that the probable consequences will be to cause injury or danger or grave inconvenience to the community. The Committee has also noted that, in pursuance of section 2 of the Settlement of Disputes Essential Services Act (Ch. 235), Statutory Instrument No. 92 of 1981 declared the National Fire Service, Postal Service, Monetary and Financial Services (banks, treasury, monetary authority), Airports (civil aviation and airport security services) and the Port Authority (pilots and security services) to be essential services; Statutory Instrument No. 51 of 1988 declared the Social Security Scheme administered by the Social Security Branch an essential service; and Statutory Instrument No. 32 of 1984 declared Revenue Services, including all Revenue Collecting Departments and Agencies of the Government to be essential services. The Committee noted from the Government's 1994 report that there have been no steps to bring section 35(2) of the Trade Unions Act into conformity with the requirements of the Convention. It recalls that under the Convention, legislation providing for sanctions involving compulsory labour as a punishment for violations of labour discipline or for having participated in strikes must be repealed. It refers also to the explanations in paragraphs 110, 114 to 116 and 123 of its General Survey of 1979 on the abolition of forced labour. Whilst it notes that there are no recorded penalties of imprisonment imposed under section 35(2), the Committee again expresses the hope that the necessary measures will be taken to bring section 35(2), as well as actual practice, into conformity with the Convention and that meanwhile the Government will provide information on its application in practice, including any cases in which penalties of imprisonment have been imposed under it.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Further to its observation, the Committee must repeat its previous comment on the following point:

The Committee previously noted that under sections 221 and 225(1)(b), (c) and (e) of the Merchant Shipping Act, 1894, penalties of imprisonment (involving, by virtue of section 66 of the Prison Rules, an obligation to work) may be imposed for breaches of discipline such as desertion and absence without leave and disobedience, and sections 222 to 224 and 238 of the same Act as well as section 73(1) of the Harbours and Merchant Shipping Ordinance (Ch. 149) provide for the forcible return of seamen on board ship. The Committee previously also noted that the United Kingdom Merchant Shipping Acts, 1894, 1965 and 1974 are not listed in the Consolidated index of statutes and subsidiary legislation compiled in the framework of the West Indian Legislation Indexing Project (WILIP), and requested the Government to indicate whether these Acts and more particularly sections 221 to 224, 225(1)(b) and (c) and 238 of the 1894 Act have been repealed and, if so, to provide a copy of the repealing legislation. The Committee notes that no reply has been given to this request, and that the Government indicates in its latest reports that the Harbour and Shipping Act (which seems to correspond to the former Harbours Merchant Shipping Ordinance) has still not been amended. Referring to the explanations provided in paragraphs 117 and 125 of its 1979 General Survey on the abolition of forced labour, the Committee hopes that the Government will soon be in a position to indicate that action has been taken to bring the merchant shipping legislation into conformity with Article 1(c) and (d) of the Convention.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report contains no reply to its previous observation.

Article 1(c) and (d) of the Convention. In comments made for a number of years, the Committee has referred to section 35(2) of the Trade Unions Act (Ch. 238), under which a penalty of imprisonment (involving, by virtue of section 66 of the Prison Rules, an obligation to work) may be imposed on any person employed by the Government, municipal authority or any employer in charge of supplying electricity, water, railway, health, sanitary or medical services or communications or any other service that may by proclamation be declared by the Governor to be a public service, if such person wilfully and maliciously breaks a contract of service, knowing or having reasonable cause to believe that the probable consequences will be to cause injury or danger or grave inconvenience to the community. The Committee has also noted that, in pursuance of section 2 of the Settlement of Disputes Essential Services Act (Ch. 235), Statutory Instrument No. 92 of 1981 declared the National Fire Service, Postal Service, Monetary and Financial Services (banks, treasury, monetary authority), Airports (civil aviation and airport security services) and the Port Authority (pilots and security services) to be essential services; Statutory Instrument No. 51 of 1988 declared the Social Security Scheme administered by the Social Security Branch an essential service; and Statutory Instrument No. 32 of 1984 declared Revenue Services, including all Revenue Collecting Departments and Agencies of the Government to be essential services.

The Committee noted from the Government's 1994 report that there have been no steps to bring section 35(2) of the Trade Unions Act into conformity with the requirements of the Convention. It recalls that under the Convention, legislation providing for sanctions involving compulsory labour as a punishment for violations of labour discipline or for having participated in strikes must be repealed. It refers also to the explanations in paragraphs 110, 114 to 116 and 123 of its General Survey of 1979 on the abolition of forced labour. Whilst it notes that there are no recorded penalties of imprisonment imposed under section 35(2), the Committee again expresses the hope that the necessary measures will be taken to bring section 35(2), as well as actual practice, into conformity with the Convention and that meanwhile the Government will provide information on its application in practice, including any cases in which penalties of imprisonment have been imposed under it.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information provided by the Government in its reports.

Article 1(a) of the Convention. The Committee notes the Government's renewed statement that there have been no convictions under sections 217 and 218 of the Criminal Code dealing with seditious acts. The Committee requests the Government to continue to supply information in its future reports on any cases of the application in practice of these provisions, including any convictions made thereunder and copies of any court decisions defining or illustrating their scope.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information provided by the Government in its reports.

1. Article 1(c) and (d) of the Convention. In comments made for a number of years, the Committee referred to section 35(2) of the Trade Unions Act (Ch. 238), under which a penalty of imprisonment (involving, by virtue of section 66 of the Prison Rules, an obligation to work) may be imposed on any person employed by the Government, a municipal authority or by any employer in charge of supplying any city, town, village or place, or any part thereof, with electricity or water, railway, health, sanitary or medical services or communications or any other service that may by proclamation be declared by the Governor to be a public service, if he wilfully and maliciously breaks his contract of service, knowing or having reasonable cause to believe that the probable consequences of his so doing, either alone or in combination with others, will be to cause injury or danger or grave inconvenience to the community.

The Committee also has noted that, in pursuance of section 2 of the Settlement of Disputes Essential Services Act (Ch. 235), Statutory Instrument No. 92 of 1981 declared the National Fire Service, Postal Service, Monetary and Financial Services (banks, treasury, monetary authority), Airports (civil aviation and airport security services) and the Port Authority (pilots and security services) to be essential services, Statutory Instrument No. 51 of 1988 declared the Social Security Scheme administered by the Social Security Branch, an essential service, and Statutory Instrument No. 32 of 1984 declared Revenue Services, including all Revenue Collecting Departments and Agencies of the Government to be essential services.

The Committee notes from the Government's latest reports that there have been no steps to bring section 35(2) of the Trade Unions Act into conformity with the requirements of the Convention.

The Committee recalls that under Article 1(c) and (d) of the Convention, legislation providing for sanctions involving compulsory labour as a punishment for violations of labour discipline or for having participated in strikes must be abolished.

As indicated in paragraphs 110, 114 to 116 and 123 of its General Survey of 1979 on the abolition of forced labour, the Committee has, however, taken the view that the Convention does not protect persons responsible for breaches of labour discipline that impair or are liable to endanger the operation of essential services in the strict sense of the term (that is, services whose interruption would endanger the life, personal safety or health of the whole or part of the population), or which are committed either to the exercise of functions that are essential to safety or in circumstances where life or health are in danger. For the same services, functions and circumstances, participation in strikes would not be protected, provided that a prohibition is accompanied by compensatory guarantees in the form of adequate, impartial and speedy alternative dispute-settlement procedures. However, to justify the non-application of Article 1(c) and (d) of the Convention in such cases, there must exist an effective danger to safety, life or health, not mere inconvenience.

The Committee previously noted that section 35(2) of the Trade Unions Act refers not only to injury or danger but, alternatively, to grave inconvenience to the community, and applies not only to essential services in the strict sense of the term, but also to others whose interruption would not endanger the life, personal safety or health of the whole or part of the population, such as most employment under the Government or a municipal authority and most banking, postal and transport services.

Noting also the Government's repeated indication that there are no recorded penalties of imprisonment imposed under section 35(2) of the Trade Unions Act, the Committee again expresses the hope that the necessary measure will be taken to bring section 35(2) of the Trade Unions Act into conformity with the Convention as well as actual practice and that pending such action, the Government will continue to provide information on the application of this provision in practice, including any cases in which penalties of imprisonment have been imposed under this provision.

2. The Committee previously noted that under sections 221 and 225(1)(b), (c) and (e) of the Merchant Shipping Act, 1894, penalties of imprisonment (involving, by virtue of section 66 of the Prison Rules, an obligation to work) may be imposed for breaches of discipline such as desertion and absence without leave and disobedience, and sections 222 to 224 and 238 of the same Act as well as section 73(1) of the Harbours and Merchant Shipping Ordinance (Ch. 149) provide for the forcible return of seamen on board ship. The Committee previously also noted that the United Kingdom Merchant Shipping Acts, 1894, 1965 and 1974 are not listed in the Consolidated index of statutes and subsidiary legislation compiled in the framework of the West Indian Legislation Indexing Project (WILIP), and requested the Government to indicate whether these Acts and more particularly sections 221 to 224, 225(1)(b) and (c) and 238 of the 1894 Act have been repealed and, if so, to provide a copy of the repealing legislation. The Committee notes that no reply has been given to this request, and that the Government indicates in its latest reports that the Harbour and Shipping Act (which seems to correspond to the former Harbours Merchant Shipping Ordinance) has still not been amended. Referring to the explanations provided in paragraphs 117 and 125 of its above-mentioned General Survey of 1979, the Committee hopes that the Government will soon be in a position to indicate that action has been taken to bring the merchant shipping legislation into conformity with Article 1(c) and (d) of the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information provided by the Government in its report.

1. Article 1(a) of the Convention. The Committee notes the Government's indication that there have been no convictions under sections 217 and 218 of the Criminal Code dealing with seditious acts. The Committee requests the Government to continue to supply information on the application in practice of these provisions, including any convictions made as well as any court decisions defining or illustrating their scope.

2. Article 1(c). The Committee notes the Government's indication that comments concerning section 73(1) of the Harbour and Merchant Shipping Act (Ch. 191) of the Laws of Belize, 1980, which provides for the forcible return of seamen on board ship, have been noted. The Committee again expresses the hope that the above provision will be reexamined in the light of the Convention and that the Government will be in a position to report that action has been initiated to repeal the above-mentioned provision and on the results achieved.

Noting that the United Kingdom Merchant Shipping Acts, 1894, 1965 and 1974 are not listed in the Consolidated index of statutes and subsidiary legislation compiled in the framework of the West Indian Legislation Indexing Project (WILIP), the Committee requests the Government to indicate in its next report whether these Acts and more particularly sections 221 to 224, 225 1(b) and (c) and 238 of the 1894 Act have been repealed and, if so, to provide a copy of the repealing legislation.

3. Article 1(c) and (d). In previous comments, the Committee referred to section 35(2) of the Trade Unions Ordinance (Ch. 238), under which a penalty of imprisonment (involving, by virtue of section 66 of the Prison Rules, an obligation to work) may be imposed on any person employed by the Government, a municipal authority or by any employer in charge of supplying any city, town, village or place, or any part thereof, with electricity or water, railway, health, sanitary or medical services or communications or any other service that may by proclamation be declared by the Governor to be a public service, if he wilfully and maliciously breaks his contract of service, knowing or having reasonable cause to believe that the probable consequences of his so doing, either alone or in combination with others, will be to cause injury or danger or grave inconvenience to the community.

The Committee also noted that, in pursuance of section 2 of the Settlement of Disputes Essential Services Act (Ch. 235), Statutory Instrument No. 92 of 1981 declared the National Fire Service, Postal Service, Monetary and Financial Services (banks, treasury, monetary authority), Airports (civil aviation and airport security services) and the Port Authority (pilots and security services) to be essential services, and Statutory Instrument No. 51 of 1988 declared the Social Security Scheme administered by the Social Security Branch, an essential service.

The Committee indicated that the imposition of penalties (even if involving an obligation to perform labour) for breaches of labour discipline or participation in strikes in essential services would not be incompatible with the Convention provided that such provisions are applicable only to essential services in the strict sense of the term that is to say services whose interruption would endanger the life, personal safety or health of the whole or part of the population. The Committee had noted that the services listed in section 35(2) of the Trade Unions Ordinance and in the 1981 and 1988 Statutory Instruments, would appear to a large extent indispensable to the existence and well being of the population while in the case of other services, such as railway, most postal, monetary and civil aviation services, an interruption would not justify the imposition of sanctions involving compulsory labour under the Convention.

The Committee notes the Government's statement in its report that the above comments have been noted. Noting also the indication that in practice no prosecution under section 35(2) has been launched, the Committee again expresses the hope that steps will be taken to bring section 35(2) of the Trade Unions Ordinance into conformity with the requirements of the Convention, and that pending such action, the Government will continue to provide information on the application of this provision in practice, including any cases in which penalities of imprisonment have been imposed under this provision.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

In its previous request, the Committee referred to a certain number of legislative provisions and asked the Government to indicate whether these were still in force and, if so, to supply information on their application in practice, including copies of any court decisions defining or illustrating their scope. The Committee notes the Government's reply in its report that the provisions in question are still in force, and that there have been no court decisions regarding any of them since the last report was made. The Government is requested to include in its next report further information on the following points.

1. Emergency regulations. The Committee notes from the Government's report that the only changes made under the Public Safety Ordinance, Chapter 113 of the Laws of Belize, Revised 1980, have been increases in penalties under section 4 of Chapter 113. The Government indicates that no regulations have been made under section 2(a), (e) or (g) of Chapter 113 or under section 18(9) of the Belize Constitution. The Committee requests the Government to supply in future reports copies of any regulations made under these provisions.

Article 1(a) of the Convention

2. The Committee in earlier comments asked whether the replacement of the Criminal Code (Ch. 21), by the Criminal Code (Ch. 84) of the Laws of Belize, Revised 1980, had involved any change in the wording of the sections dealing with seditious acts (sections 217 and 218 of the new Code) or of other provisions of the Code. The Committee notes the Government's indication that the only modification in the wording of the sections in the 1980 revision is found in the statement in section 218 after subsection (1)(c) which states that "every person who contravenes subsections (1), (2) and (3) shall be liable on conviction or indictment to imprisonment for two years and on summary conviction to imprisonment for one year". Noting the Government's indication that no convictions were made in recent years, the Committee requests the Government to continue to supply information on the application in practice of sections 217 and 218, including the number of convictions made thereunder as well as copies of any court decisions defining or illustrating their scope.

Article 1(c) and (d)

3. In previous comments, the Committee referred to section 35(2) of the Trade Unions Ordinance (Ch. 238), under which a penalty of imprisonment (involving, by virtue of section 66 of the Prison Rules, an obligation to work) may be imposed on any person employed by the Government, a municipal authority or by any employer in charge of supplying any city, town, village or place, or any part thereof, with electricity or water, railway, health, sanitary or medical services or communications or any other service that may by proclamation be declared by the Governor to be a public service, if he wilfully and maliciously breaks his contract of service, knowing or having reasonable cause to believe that the probable consequences of his so doing, either alone or in combination with others, will be to cause injury or danger or grave inconvenience to the community. The Committee indicated that it is not incompatible with the Convention to impose penalties (even if involving an obligation to perform labour) for breaches of labour discipline or participation in strikes in essential services, provided that such provisions are applicable only to essential services in the strict sense of the term, that is, services where interruption would endanger the existence or well-being of the whole or part of the population and that, in such cases an effective danger must exist, not mere inconvenience. Section 35(2) of the Trade Unions Ordinance, while aimed to a large extent at the cases envisaged is not limited to essential services in the strict sense nor to situations endangering the existence or well-being of the population, since it may be applied to any person employed by the Government, a municipal authority or, inter alia, a railway or communications company, and in cases where the breach of contract causes no injury or danger but merely grave inconvenience to the community.

The Committee notes the indication in the Government's report that Statutory Instrument No. 92 of 1981 declared the National Fire Service, Postal Service, monetary and financial services (banks, treasury, Central Bank of Belize), airports (civil aviation and airport security services) and the port authority (pilots and security services) to be essential services, and Statutory Instrument No. 51 of 1988 declared the social security scheme an essential service. Here again, the functioning of the National Fire Service and security services in ports and airports would appear indispensable to the existence and well-being of the population, while in the case of most postal, monetary and civil aviation services, an interruption would not justify the imposition of sanctions involving compulsory labour under the Convention.

Noting also the Government's indication in its report that no penalties of imprisonment have been imposed in recent years, the Committee hopes that steps will be taken to bring section 35(2) of the Trade Unions Ordinance into conformity with the requirements of the Convention, and that pending such action, the Government will continue to provide information on the application of this provision in practice, including any cases in which penalties of imprisonment have been imposed under this provision.

4. The Committee notes the Government's indication that during the period covered by its report, no steps were being contemplated to bring the merchant shipping legislation into conformity with the Convention. Under sections 221 and 225(1)(b), (c) and (e) of the Merchant Shipping Act, 1894, penalties of imprisonment (involving, by virtue of section 66 of the Prison Rules, an obligation to work) may be imposed for breaches of discipline such as desertion and absence without leave and disobedience, and sections 222 to 224 and 238 of the same Act as well as section 73(1) of the Harbours and Merchant Shipping Ordinance (Ch. 149) provide for the forcible return of seamen on board ship. The Committee hopes that the above-mentioned provisions will be re-examined in light of the Convention. As the provisions in question were based on the United Kingdom Merchant Shipping Act, 1894, the Government may wish to refer in its examination of the matter to the revised provisions on discipline in the United Kingdom Merchant Shipping Act, 1970, in which account has been taken of the requirements of the Convention. The Committee hopes that the Government will be in a position to indicate in its next report that action towards amendment has been initiated and what results were reached.