Forced Labour Convention, 1930 (No. 29) - Belize (Ratification: 1983)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1(1) and 2(1) of the Convention. Obligation to maintain oneself by work enforceable with penalties of imprisonment. In relation to the Committee’s previous request to repeal section 4(1) (xxix) of the Summary Jurisdiction (Offences) Ordinance (which, read together with section 4(9) provides for prison sanctions for a person who being able wholly or in part to maintain himself wilfully refuses or neglects to do so), the Government indicates in its report that efforts will be made to amend the respective legislation as suggested. The Committee recalls that, if enforced by any penalty, a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention as it constitutes an indirect compulsion to work. The Committee hopes that section 4(1) (xxix) of the Summary Jurisdiction (Offences) Ordinance will be reviewed as soon as possible and requests the Government to provide information on any progress made in this respect.

Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee notes the Government’s information on the phenomenon of trafficking in Belize as well as on the practical application of the Trafficking in Persons (Prohibition) Act. It observes that between 2018 and 2020 a total of 20 cases of trafficking in persons (6 for sexual exploitation; 2 for labour exploitation and 12 for both purposes) were registered by the Anti-Trafficking in Persons Council and that in December 2020 one court case ended with the conviction of the trafficker. The Committee also notes that victims of trafficking are predominantly from Guatemala, El Salvador, and Honduras. In line with section 27 of the Trafficking in Persons (Prohibition) Act, victims are not held liable for immigration and criminal offences and are placed in an alternative care unit of the Department of Human Services (DHS). The DHS assesses the needs of the victims on an individualized basis, and provide them with food, medical care, clothes, and psychological and legal counselling. If victims wish to stay in the country, the DHS also assists them to obtain the respective legal permission. The Committee takes note of the different capacity-building activities carried out mainly by the Anti-trafficking Council for government entities. The Committee encourages the Government to pursue its efforts to combat trafficking in persons and protect victims. It requests the Government to provide information on the measures takenin this regard as well asto continue to ensure that cases of trafficking in persons, both for labour and sexual exploitation, are investigated, and that the perpetrators are prosecuted and convicted. Please, provide updated statistical data in this regard. The Committee also requests the Government to provide information on the number of victims of trafficking in persons that have been identified, and of those who have received assistance from the DHS.

Article 2 (2) (c). Prison labour. The Committee notes the absence of information regarding the application in practice of section 69(3) of the Prison Rules, which provides that the Minister responsible for prisons can authorize the work of prisoners for the private benefit. The Committee recalls in this regard that, to be compatible with the Convention, prisoners’ work for private entities must be performed on a voluntary basis, implying the free and informed consent of the prisoners and a certain number of safeguards, indicating the existence of conditions of work which approximate to those of a free employment relationship. Thus, the Committee once again requests the Government to indicate if, pursuant to the indicated legislation,prisoners have carried out work for the benefit of private entities.

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

The Committee notes with deep concern that the Government’s report due since 2014 has not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Articles 1(1) and 2(1). Obligation to maintain oneself by work enforceable with penalties of imprisonment. In previous comments, the Committee noted that sections 4(1) (xxix) and 4 (9) of the Summary Jurisdiction (Offences) Ordinance, Chapter 98, read together, provide that a person who being able wholly or in part to maintain himself wilfully refuses or neglects to do so, is guilty of a petty offence and is liable to imprisonment. In this regard, the Committee recalled that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention if enforced by any penalty. While noting the Government’s indication that no prosecution had been carried out under section 4(1) (xxix) of the Ordinance, the Committee requested the Government to bring its legislation into conformity with the Convention and the indicated practice. The Committee once again requests the Government to take the necessary measures to repeal section 4(1) (xxix) of the Summary Jurisdiction (Offences) Ordinance.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the practical application of the anti-trafficking legislation, including on any difficulties encountered in relation to the prosecution of perpetrators. The Committee notes the adoption of the Trafficking in persons (prohibition) Act, 2013, which applies to all forms of trafficking in persons, whether national or transnational and whether or not connected with an organized criminal group or network. According to section 11(1) of the Act, a person who engages in, conspires to engage in or attempts to engage in, or assists another person to engage in, or organizes or directs another person to engage in, trafficking in persons (both for labour and commercial sexual exploitation) commits an offence and is liable to imprisonment for eight years. The Committee welcomes the fact that section 5 of the Act establishes the Anti-Trafficking in Persons Council (ATIP’s Council) and that, according to section 6, the Council is tasked mainly with coordinating the implementation of the Act, and formulating policies and programmes to prevent or suppress trafficking, including a national action plan on the prevention and suppression of trafficking in persons. The Committee also notes that in its 2018 concluding observations, the United Nations Human Rights Committee expressed concern at the prevalence of trafficking of women combined with low rates of prosecution and sanctioning of traffickers and identification of victims. It also expressed concerned at credible allegations of tolerance for and complicity in officials in human trafficking-related offences and impunity for such acts (CCPR/C/BLZ/CO/1/Add.1, para. 38). The Committee further notes from the 2018 Government’s report to the United Nations Human Rights Council, that in 2018 a Trafficking in Persons Unit was established within the Belize Police Department; and that the ATIP’s Council and the Belize Police Department have conducted trainings to build the capacities of police officers on human trafficking. The ATIP’s Council has also collaborated with other international organizations to train private employers in the tourism sector on the identification of victims of human trafficking (A/HRC/WG.6/31/BLZ/1 paragraphs 32 and 33). The Committee takes note of the efforts undertaken by the Government in combatting trafficking in persons, and requests it to take the necessary measures to ensure that cases of trafficking in persons, both for labour and sexual exploitation, are identified, proper investigations carried out, and prosecutions initiated. In this regard, the Committee requests the Government to provide information on the application in practice of section 11(1) of the Trafficking in Persons (Prohibition) Act, 2013, including on the number of prosecutions, convictions and penalties applied, as well as on the difficulties encountered by the competent authorities in that respect. Finally, the Committee requests the Government to provide specific information on the activities of the Anti-Trafficking in Persons Council indicating whether a national action plan on the prevention and suppression of trafficking in persons has been adopted, as provided for in section 6 of the Trafficking in Persons (Prohibition) Act, and the measures contemplated to protect and assist victims.

Article 2(2)(c). Prison labour. The Committee notes that section 66 of the Prison Rules, Chapter 110 provides that every convicted prisoner shall be employed on useful work for not more than ten hours a day of which, so far as practicable, at least eight hours shall be spent in associated or other work outside the cells. According to section 69(1) of the Prison Rules, the Superintendent of Prisons must authorize the type of work assigned to the prisoners. The Committee further notes that pursuant to section 63(9), the Minister responsible for prisons can authorize the work of prisoners for the private benefit. The Committee recalls that according to Article 2(2)(c) of the Convention, convicted persons should not be hired to or placed at the disposal of private individuals, companies or associations. The Committee requests the Government to indicate whether, pursuant to section 63(9) of the Prison Rules, the Minister responsible for prisons has authorized the work of prisoners for the benefit of private entities.

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

Articles 1(1) and 2(1) of the Convention. Obligation to maintain oneself by work enforceable with penalties of imprisonment. For a number of years, the Committee has been drawing the Government’s attention to the provisions of section 4(1)(xxix) of the Summary Jurisdiction (Offences) Ordinance, read in conjunction with section 4(7) of the same Ordinance, under which every person who, being able wholly or in part to maintain himself or his family by work or other means, wilfully refuses or neglects to do so, shall be guilty of a petty offence and is liable to imprisonment. The Committee pointed out that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention if enforced by any penalty.

The Committee notes that while the Government confirms in its last report that no prosecution has been carried out under section 4(1)(xxix), it provides no information on the measures taken to amend or repeal the abovementioned provision. The Committee reiterates the firm hope that section 4(1)(xxix) of the Summary Jurisdiction (Offences) Ordinance will soon be revised, so as to bring legislation into conformity with the Convention and the indicated practice. Pending the adoption of such measures, the Committee requests the Government to confirm that no prosecutions were made under this provision.

Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee has noted that in its report for the World Trade Organization Council review of the Trade Policies of Belize (November 2010), the International Trade Union Confederation (ITUC) indicates that although the anti-trafficking legislation establishes penalties of imprisonment, cases of trafficking are handled by lower courts and are often dismissed. There have been no convictions for trafficking since 2005. The ITUC also indicates that the Government provides training to police and immigration officials, labour inspectors and social workers on human trafficking. Residence and work permits are granted to victims of trafficking and legal, health and rehabilitation services are provided in two government-funded shelters. However, the number of persons that have received assistance is small.

The Committee requests the Government to provide information on the practical application of the anti-trafficking legislation, including on court decisions and penalties imposed on perpetrators. Please also provide information on the phenomenon of trafficking in Belize and, where appropriate, specify the difficulties encountered by the public authorities in prosecuting and punishing those responsible for the recruitment and movement of persons for the purpose of labour or sexual exploitation, and the measures adopted to overcome such difficulties. Furthermore, the Committee requests the Government to provide information on the measures taken to provide assistance to the victims of trafficking, including statistical data and the description of services provided.

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

Articles 1(1) and 2(1) of the Convention. Obligation to maintain oneself by work enforceable with penalties of imprisonment. For a number of years, the Committee has been drawing the Government’s attention to the provisions of section 4(1)(xxix) of the Summary Jurisdiction (Offences) Ordinance, read in conjunction with section 4(7) of the same Ordinance, under which every person who, being able wholly or in part to maintain himself or his family by work or other means, wilfully refuses or neglects to do so, shall be guilty of a petty offence and is liable to imprisonment. The Committee pointed out that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention if enforced by any penalty.

The Committee notes that while the Government confirms in its last report that no prosecution has been carried out under section 4(1)(xxix), it provides no information on the measures taken to amend or repeal the abovementioned provision. The Committee reiterates the firm hope that section 4(1)(xxix) of the Summary Jurisdiction (Offences) Ordinance will soon be revised, so as to bring legislation into conformity with the Convention and the indicated practice. Pending the adoption of such measures, the Committee requests the Government to confirm that no prosecutions were made under this provision.

Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee has noted that in its report for the World Trade Organization Council review of the Trade Policies of Belize (November 2010), the International Trade Union Confederation (ITUC) indicates that although the anti-trafficking legislation establishes penalties of imprisonment, cases of trafficking are handled by lower courts and are often dismissed. There have been no convictions for trafficking since 2005. The ITUC also indicates that the Government provides training to police and immigration officials, labour inspectors and social workers on human trafficking. Residence and work permits are granted to victims of trafficking and legal, health and rehabilitation services are provided in two government-funded shelters. However, the number of persons that have received assistance is small.

The Committee requests the Government to provide information on the practical application of the anti-trafficking legislation, including on court decisions and penalties imposed on perpetrators. Please also provide information on the phenomenon of trafficking in Belize and, where appropriate, specify the difficulties encountered by the public authorities in prosecuting and punishing those responsible for the recruitment and movement of persons for the purpose of labour or sexual exploitation, and the measures adopted to overcome such difficulties. Furthermore, the Committee requests the Government to provide information on the measures taken to provide assistance to the victims of trafficking, including statistical data and the description of services provided.

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

Articles 1(1) and 2(1) of the Convention. Obligation to maintain oneself by work enforceable with penalties of imprisonment. For a number of years, the Committee has been drawing the Government’s attention to the provisions of section 4(1)(xxix) of the Summary Jurisdiction (Offences) Ordinance, read in conjunction with section 4(7) of the same Ordinance, under which every person who, being able wholly or in part to maintain himself or his family by work or other means, wilfully refuses or neglects to do so, shall be guilty of a petty offence and is liable to imprisonment. The Committee pointed out that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention if enforced by any penalty.

The Committee notes that while the Government confirms in its last report that no prosecution has been carried out under section 4(1)(xxix), it provides no information on the measures taken to amend or repeal the abovementioned provision. The Committee reiterates the firm hope that section 4(1)(xxix) of the Summary Jurisdiction (Offences) Ordinance will soon be revised, so as to bring legislation into conformity with the Convention and the indicated practice. Pending the adoption of such measures, the Committee requests the Government to confirm that no prosecutions were made under this provision.

Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee has noted that in its report for the World Trade Organization Council review of the Trade Policies of Belize (November 2010), the International Trade Union Confederation (ITUC) indicates that although the anti-trafficking legislation establishes penalties of imprisonment, cases of trafficking are handled by lower courts and are often dismissed. There have been no convictions for trafficking since 2005. The ITUC also indicates that the Government provides training to police and immigration officials, labour inspectors and social workers on human trafficking. Residence and work permits are granted to victims of trafficking and legal, health and rehabilitation services are provided in two government-funded shelters. However, the number of persons that have received assistance is small.

The Committee requests the Government to provide information on the practical application of the anti-trafficking legislation, including on court decisions and penalties imposed on perpetrators. Please also provide information on the phenomenon of trafficking in Belize and, where appropriate, specify the difficulties encountered by the public authorities in prosecuting and punishing those responsible for the recruitment and movement of persons for the purpose of labour or sexual exploitation, and the measures adopted to overcome such difficulties. Furthermore, the Committee requests the Government to provide information on the measures taken to provide assistance to the victims of trafficking, including statistical data and the description of services provided.

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. The Committee also notes that the Government has been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Articles 1(1) and 2(1) of the Convention. Obligation to maintain oneself by work enforceable with penalties of imprisonment. For a number of years, the Committee has been drawing the Government’s attention to the provisions of section 4(1)(xxix) of the Summary Jurisdiction (Offences) Ordinance, read in conjunction with section 4(7) of the same Ordinance, under which every person who, being able wholly or in part to maintain himself or his family by work or other means, wilfully refuses or neglects to do so, shall be guilty of a petty offence and is liable to imprisonment. The Committee pointed out that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention if enforced by any penalty.

The Committee notes that while the Government confirms in its last report that no prosecution has been carried out under section 4(1)(xxix), it provides no information on the measures taken to amend or repeal the abovementioned provision. The Committee reiterates the firm hope that section 4(1)(xxix) of the Summary Jurisdiction (Offences) Ordinance will soon be revised, so as to bring legislation into conformity with the Convention and the indicated practice. Pending the adoption of such measures, the Committee requests the Government to confirm that no prosecutions were made under this provision.

Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee has noted that in its report for the World Trade Organization Council review of the Trade Policies of Belize (November 2010), the International Trade Union Confederation (ITUC) indicates that although the anti-trafficking legislation establishes penalties of imprisonment, cases of trafficking are handled by lower courts and are often dismissed. There have been no convictions for trafficking since 2005. The ITUC also indicates that the Government provides training to police and immigration officials, labour inspectors and social workers on human trafficking. Residence and work permits are granted to victims of trafficking and legal, health and rehabilitation services are provided in two government-funded shelters. However, the number of persons that have received assistance is small.

The Committee requests the Government to provide information on the practical application of the anti-trafficking legislation, including on court decisions and penalties imposed on perpetrators. Please also provide information on the phenomenon of trafficking in Belize and, where appropriate, specify the difficulties encountered by the public authorities in prosecuting and punishing those responsible for the recruitment and movement of persons for the purpose of labour or sexual exploitation, and the measures adopted to overcome such difficulties. Furthermore, the Committee requests the Government to provide information on the measures taken to provide assistance to the victims of trafficking, including statistical data and the description of services provided.

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

Articles 1(1) and 2(1) of the Convention. Obligation to maintain oneself by work enforceable with penalties of imprisonment. For a number of years, the Committee has been drawing the Government’s attention to the provisions of section 4(1)(xxix) of the Summary Jurisdiction (Offences) Ordinance, read in conjunction with section 4(7) of the same Ordinance, under which every person who, being able wholly or in part to maintain himself or his family by work or other means, wilfully refuses or neglects to do so, shall be guilty of a petty offence and is liable to imprisonment. The Committee pointed out that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention if enforced by any penalty.

The Committee notes that while the Government confirms in its last report that no prosecution has been carried out under section 4(1)(xxix), it provides no information on the measures taken to amend or repeal the abovementioned provision. The Committee reiterates the firm hope that section 4(1)(xxix) of the Summary Jurisdiction (Offences) Ordinance will soon be revised, so as to bring legislation into conformity with the Convention and the indicated practice. Pending the adoption of such measures, the Committee requests the Government to confirm that no prosecutions were made under this provision.

Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee has noted that in its report for the World Trade Organization Council review of the Trade Policies of Belize (November 2010), the International Trade Union Confederation (ITUC) indicates that although the anti-trafficking legislation establishes penalties of imprisonment, cases of trafficking are handled by lower courts and are often dismissed. There have been no convictions for trafficking since 2005. The ITUC also indicates that the Government provides training to police and immigration officials, labour inspectors and social workers on human trafficking. Residence and work permits are granted to victims of trafficking and legal, health and rehabilitation services are provided in two government-funded shelters. However, the number of persons that have received assistance is small.

The Committee requests the Government to provide information on the practical application of the anti-trafficking legislation, including on court decisions and penalties imposed on perpetrators. Please also provide information on the phenomenon of trafficking in Belize and, where appropriate, specify the difficulties encountered by the public authorities in prosecuting and punishing those responsible for the recruitment and movement of persons for the purpose of labour or sexual exploitation, and the measures adopted to overcome such difficulties. Furthermore, the Committee requests the Government to provide information on the measures taken to provide assistance to the victims of trafficking, including statistical data and the description of services provided.

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

Articles 1(1) and 2(1) of the Convention. Obligation to maintain oneself by work enforceable with penalties of imprisonment. For a number of years, the Committee has been drawing the Government’s attention to the provisions of section 4(1)(xxix) of the Summary Jurisdiction (Offences) Ordinance, read in conjunction with section 4(7) of the same Ordinance, under which every person who, being able wholly or in part to maintain himself or his family by work or other means, wilfully refuses or neglects to do so, shall be guilty of a petty offence and is liable to imprisonment. The Committee pointed out that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention if enforced by any penalty.

The Committee notes that while the Government confirms in its last report that no prosecution has been carried out under section 4(1)(xxix), it provides no information on the measures taken to amend or repeal the abovementioned provision. The Committee reiterates the firm hope that section 4(1)(xxix) of the Summary Jurisdiction (Offences) Ordinance will soon be revised, so as to bring legislation into conformity with the Convention and the indicated practice. Pending the adoption of such measures, the Committee requests the Government to confirm that no prosecutions were made under this provision.

Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee has noted that in its report for the World Trade Organization Council review of the Trade Policies of Belize (November 2010), the International Trade Union Confederation (ITUC) indicates that although the anti-trafficking legislation establishes penalties of imprisonment, cases of trafficking are handled by lower courts and are often dismissed. There have been no convictions for trafficking since 2005. The ITUC also indicates that the Government provides training to police and immigration officials, labour inspectors and social workers on human trafficking. Residence and work permits are granted to victims of trafficking and legal, health and rehabilitation services are provided in two government-funded shelters. However, the number of persons that have received assistance is small.

The Committee requests the Government to provide information on the practical application of the anti-trafficking legislation, including sample copies of court decisions indicating the penalties imposed on perpetrators. Please also provide information on the phenomenon of trafficking in Belize and, where appropriate, specify the difficulties encountered by the public authorities in prosecuting and punishing those responsible for the recruitment and movement of persons for the purpose of labour or sexual exploitation, and the measures adopted to overcome such difficulties. Furthermore, the Committee requests the Government to provide information on the measures taken to provide assistance to the victims of trafficking, including statistical data and the description of services provided.

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

Articles 1(1) and 2(1) of the Convention. Obligation to maintain oneself by work enforceable with penalties of imprisonment. For a number of years, the Committee has been drawing the Government’s attention to the provisions of section 4(1)(xxix) of the Summary Jurisdiction (Offences) Ordinance, read in conjunction with section 4(7) of the same Ordinance, under which every person who, being able wholly or in part to maintain himself or his family by work or other means, wilfully refuses or neglects to do so, shall be guilty of a petty offence and is liable to imprisonment. The Committee pointed out that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention if enforced by any penalty.

The Committee notes that while the Government confirms in its last report that no prosecution has been carried out under section 4(1)(xxix), it provides no information on the measures taken to amend or repeal the abovementioned provision. The Committee reiterates the firm hope that section 4(1)(xxix) of the Summary Jurisdiction (Offences) Ordinance will soon be revised, so as to bring legislation into conformity with the Convention and the indicated practice. Pending the adoption of such measures, the Committee requests the Government to confirm that no prosecutions were made under this provision.

Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee has noted that in its report for the World Trade Organization Council review of the Trade Policies of Belize (November 2010), the International Trade Union Confederation (ITUC) indicates that although the anti-trafficking legislation establishes penalties of imprisonment, cases of trafficking are handled by lower courts and are often dismissed. There have been no convictions for trafficking since 2005. The ITUC also indicates that the Government provides training to police and immigration officials, labour inspectors and social workers on human trafficking. Residence and work permits are granted to victims of trafficking and legal, health and rehabilitation services are provided in two government-funded shelters. However, the number of persons that have received assistance is small.

The Committee requests the Government to provide information on the practical application of the anti-trafficking legislation, including sample copies of court decisions indicating the penalties imposed on perpetrators. Please also provide information on the phenomenon of trafficking in Belize and, where appropriate, specify the difficulties encountered by the public authorities in prosecuting and punishing those responsible for the recruitment and movement of persons for the purpose of labour or sexual exploitation, and the measures adopted to overcome such difficulties. Furthermore, the Committee requests the Government to provide information on the measures taken to provide assistance to the victims of trafficking, including statistical data and the description of services provided.

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

The Committee notes the information provided by the Government regarding the criteria used for refusing the resignation of career military personnel.

Articles 1(1) and 2(1) of the Convention. Obligation to maintain oneself by work enforceable with penalties of imprisonment. For a number of years, the Committee has been drawing the Government’s attention to the provisions of section 4(1)(xxix) of the Summary Jurisdiction (Offences) Ordinance, read in conjunction with section 4(7) of the same Ordinance, under which every person who, being able wholly or in part to maintain himself or his family by work or other means, wilfully refuses or neglects to do so, shall be guilty of a petty offence and is liable to imprisonment. The Committee pointed out that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention if enforced by any penalty.

The Committee notes that while the Government confirms in its last report that no prosecution has been carried out under section 4(1)(xxix), it provides no information on the measures taken to amend or repeal the abovementioned provision. The Committee reiterates the firm hope that section 4(1)(xxix) will be soon revised, so as to bring legislation into conformity with the Convention and the indicated practice. Pending the adoption of such measures, the Committee requests the Government to confirm that no prosecutions were made under this provision.

Articles 1(1), 2(1) and 25. Trafficking in persons. The Committee has noted that in its report for the World Trade Organization Council review of the Trade Policies of Belize (November 2010), the International Trade Unions Confederation (ITUC) indicates that although the Trafficking in Persons Prohibition Act of 2003 outlaws trafficking and establishes penalties of imprisonment, cases of trafficking are handled by lower courts and are often dismissed. There have been no convictions for trafficking since 2005. The ITUC also indicates that the Government provides training to police and immigration officials, labour inspectors and social workers on human trafficking. Residence and work permits are granted to victims of trafficking and legal, health and rehabilitation services are provided in two government-funded shelters. However, the number of persons that have received assistance is small.

The Committee requests the Government to provide a copy of the Trafficking in Persons Prohibition Act of 2003 as well as information on its practical application, including sample copies of court decisions indicating the penalties imposed on perpetrators. Please also provide information on the phenomenon of trafficking in Belize and, where appropriate, specify the difficulties encountered by the public authorities in prosecuting and punishing those responsible for the recruitment and movement of persons for the purpose of labour or sexual exploitation, and the measures adopted to overcome such difficulties. Furthermore, the Committee requests the Government to provide information on the measures taken to provide assistance to the victims of trafficking, including statistical data and the description of services provided.

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

Articles 1 (paragraph 1) and 2 (paragraph 1), of the Convention. 
1. Obligation to maintain oneself by work enforceable with penalties of imprisonment. For a number of years, the Committee has been referring to section 4(1)(xxx) of the Summary Jurisdiction (Offences) Ordinance, read in conjunction with section 4(7) of the same Ordinance, under which every person who, being able wholly or in part to maintain himself or his family by work or other means, wilfully refuses or neglects to do so, shall be guilty of a petty offence and is liable to imprisonment. The Committee pointed out that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention if enforced by any penalty.

The Government indicates in its report that section 4(1)(xxx) referred to above is now section 4(1)(xxix) in the revised Act, and the relevant provision is still in force. The Committee has noted the Government’s repeated indication that no prosecutions have been carried out under this provision. While noting also the Government statement that the Committee’s comments on the Summary Jurisdiction (Offences) Act will be forwarded to the relevant authorities, the Committee expresses the firm hope that measures will be taken to repeal or amend the above provision, so as to bring legislation into conformity with the Convention and the indicated practice. Pending the adoption of such measures, the Committee requests the Government to continue to supply information on any prosecutions made under this provision.

2. Freedom of career military personnel to leave their service. In its earlier comments, the Committee referred to section 13(1) of the Defence Act, under which an officer may resign his commission if permitted to do so by the Governor acting in his absolute discretion. It also referred to section 11 of the Defence (Officer) Regulations (Cap. 135), under which an officer may be permitted to resign his commission at his own request, having given at least six months’ notice, at the discretion of the Governor-General exercised after consultation with the Defence Commission. The Committee observed that, under the above provisions, the service is not automatically terminated after the expiration of the notice period, since a request for resignation can be either accepted or refused. Referring to the explanations contained in paragraphs 46 and 96–97 of its 2007 General Survey on the eradication of forced labour, the Committee pointed out that career members of the armed forces, who have voluntarily entered into an engagement, cannot be denied the right to leave the service in peacetime within a reasonable period, e.g. by means of notice of reasonable length. The Committee requested the Government to take the necessary measures in order to ensure complete conformity with the Convention on this point. It also asked the Government to indicate the criteria for acceptance or refusal of a resignation.

The Committee notes the Government’s indication in the report that the criterion for refusal of resignation is based on compliance with terms and conditions of contracts or bonds signed by officers; if the officer does not complete his contract or bond with the Government or refuses the alternative of paying off the bond, the resignation will be refused.

While noting these indications, the Committee requests the Government to provide clarifications as regards the application of the above criteria in practice, e.g. by giving examples of the grounds for refusal of the resignation. Noting also the Government’s statement that the Committee’s comments will be submitted to the Ministry of National Security, which is the authority responsible for the enforcement of the Defence Act, the Committee reiterates its hope that the necessary measures will be taken with a view to ensuring compliance with the Convention and requests the Government to provide, in its next report, information on the progress made in this regard.

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:

Articles 1(1) and 2(1) of the Convention. 1. Obligation to maintain oneself by work enforceable with penalties of imprisonment. In its earlier comments, the Committee referred to section 4(1)(xxx) of the Summary Jurisdiction (Offences) Ordinance, read in conjunction with section 4(7) of the same Ordinance, under which every person who, being able wholly or in part to maintain himself or his family by work or other means, wilfully refuses or neglects to do so, shall be guilty of a petty offence and is liable to imprisonment. The Committee pointed out that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention if enforced by any penalty. While having noted the Government’s repeated indication that no prosecutions have been carried out under this provision, the Committee reiterates its hope that, when the Ordinance is next amended, section 4(1)(xxx) will be brought into conformity with the Convention. Pending such amendment, the Committee requests the Government to continue to supply information on any prosecutions under this provision.

2. Freedom of career military personnel to leave their service. The Committee previously noted that, under section 13(1) of the Defence Act, an officer may resign his commission if permitted to do so by the Governor acting in his absolute discretion. It notes that, under section 11 of the Defence (Officer) Regulations (Cap. 135), a copy of which has been supplied by the Government with its report, an officer may be permitted to resign his commission at his own request, having given at least six months’ notice, at the discretion of the Governor-General exercised after consultation with the Defence Commission. The Committee observes that it follows from the wording of these sections that the service is not automatically terminated, since a request for resignation can be either accepted or refused. It refers in this connection to the explanations contained in paragraphs 46 and 96–97 of its General Survey of 2007 on the eradication of forced labour, where it pointed out that career members of the armed forces, who have voluntarily entered into an engagement, cannot be denied the right to leave the service in peacetime within a reasonable period, e.g. by means of notice of reasonable length. The Committee therefore reiterates its hope that the necessary measures will be taken in order to ensure complete conformity with the Convention on this point. Pending the adoption of such measures, it again requests the Government to indicate the criteria for acceptance or refusal of a resignation, as well as the information on the application of the above sections in practice, indicating the number of cases in which such resignations were refused and the grounds for refusal.

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

The Committee has noted the information provided by the Government in reply to its earlier comments. It has noted, in particular, the Defence (Premature Voluntary Release) Regulations, supplied by the Government with its report, which contain provisions allowing a soldier of the regular force to claim his discharge at any time before the completion of his term of engagement, subject to certain conditions.

Articles 1(1) and 2(1) of the Convention. 1. Obligation to maintain oneself by work enforceable with penalties of imprisonment. In its earlier comments, the Committee referred to section 4(1)(xxx) of the Summary Jurisdiction (Offences) Ordinance, read in conjunction with section 4(7) of the same Ordinance, under which every person who, being able wholly or in part to maintain himself or his family by work or other means, wilfully refuses or neglects to do so, shall be guilty of a petty offence and is liable to imprisonment. The Committee pointed out that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention if enforced by any penalty. While having noted the Government’s repeated indication that no prosecutions have been carried out under this provision, the Committee reiterates its hope that, when the Ordinance is next amended, section 4(1)(xxx) will be brought into conformity with the Convention. Pending such amendment, the Committee requests the Government to continue to supply information on any prosecutions under this provision.

2. Freedom of career military personnel to leave their service. The Committee previously noted that, under section 13(1) of the Defence Act, an officer may resign his commission if permitted to do so by the Governor acting in his absolute discretion. It notes that, under section 11 of the Defence (Officer) Regulations (Cap. 135), a copy of which has been supplied by the Government with its report, an officer may be permitted to resign his commission at his own request, having given at least six months’ notice, at the discretion of the Governor-General exercised after consultation with the Defence Commission. The Committee observes that it follows from the wording of these sections that the service is not automatically terminated, since a request for resignation can be either accepted or refused. It refers in this connection to the explanations contained in paragraphs 46 and 96–97 of its General Survey of 2007 on the eradication of forced labour, where it pointed out that career members of the armed forces, who have voluntarily entered into an engagement, cannot be denied the right to leave the service in peacetime within a reasonable period, e.g. by means of notice of reasonable length. The Committee therefore reiterates its hope that the necessary measures will be taken in order to ensure complete conformity with the Convention on this point. Pending the adoption of such measures, it again requests the Government to indicate the criteria for acceptance or refusal of a resignation, as well as the information on the application of the above sections in practice, indicating the number of cases in which such resignations were refused and the grounds for refusal.

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:

Article 1(1) and Article 2(1) of the Convention. 1. The Committee previously noted that, under section 4(1)(xxx) of the Summary Jurisdiction (Offences) Ordinance (chapter 99), read in conjunction with section 4(7) of the same Ordinance, every person who, being able wholly or in part to maintain himself or his family by work or other means, wilfully refuses or neglects to do so, shall be guilty of a petty offence and is liable to imprisonment. The Committee pointed out that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention if enforced by any penalty. The Government indicates again that no prosecutions have been carried out under this provision. The Committee reiterates its hope that, when the Ordinance is next amended, section 4(1)(xxx) will be brought into conformity with the Convention and that, pending such amendment, the Government will continue to supply information on any prosecutions under this provision.

2. The Committee notes that the Government provided a copy of the Defence Act (Cap. 106). It notes that, under section 13(1) of the Act, an officer may resign his commission if permitted to do so by the Governor acting in his absolute discretion. The Committee refers to paragraphs 33 and 72 of its General Survey of 1979 on the abolition of forced labour, where it pointed out that the fact that compulsory military service is excluded from the prohibition of forced or compulsory labour under the Convention cannot be invoked to justify denying career servicemen, who have voluntarily entered into an engagement, the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service. The Committee therefore hopes that appropriate measures will be taken in order to ensure full conformity with the Convention on this point. Pending the adoption of such measures, it requests the Government to indicate the criteria for acceptance or refusal of a resignation and to supply, with its next report, a copy of the regulations concerning resignation of officers adopted under section 14(1)(f) of the Defence Act.

3. The Committee previously noted that, under section 4 of the Defence (Amendment) Act, 1990, which repealed subsection (1) of section 26 of the principal enactment, a soldier of the regular force shall be entitled to claim his discharge at any time before the completion of his term of engagement on payment of such sum and subject to such conditions as may be prescribed by regulations made under this section. The Committee again requests the Government to provide a copy of these regulations.

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

The Committee notes the information provided by the Government in reply to its earlier comments.

Article 1(1) and Article 2(1) of the Convention. 1. The Committee previously noted that, under section 4(1)(xxx) of the Summary Jurisdiction (Offences) Ordinance (chapter 99), read in conjunction with section 4(7) of the same Ordinance, every person who, being able wholly or in part to maintain himself or his family by work or other means, wilfully refuses or neglects to do so, shall be guilty of a petty offence and is liable to imprisonment. The Committee pointed out that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention if enforced by any penalty. The Government indicates again that no prosecutions have been carried out under this provision. The Committee reiterates its hope that, when the Ordinance is next amended, section 4(1)(xxx) will be brought into conformity with the Convention and that, pending such amendment, the Government will continue to supply information on any prosecutions under this provision.

2. The Committee notes that the Government provided a copy of the Defence Act (Cap. 106). It notes that, under section 13(1) of the Act, an officer may resign his commission if permitted to do so by the Governor acting in his absolute discretion. The Committee refers to paragraphs 33 and 72 of its General Survey of 1979 on the abolition of forced labour, where it pointed out that the fact that compulsory military service is excluded from the prohibition of forced or compulsory labour under the Convention cannot be invoked to justify denying career servicemen, who have voluntarily entered into an engagement, the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service. The Committee therefore hopes that appropriate measures will be taken in order to ensure full conformity with the Convention on this point. Pending the adoption of such measures, it requests the Government to indicate the criteria for acceptance or refusal of a resignation and to supply, with its next report, a copy of the regulations concerning resignation of officers adopted under section 14(1)(f) of the Defence Act.

3. The Committee previously noted that, under section 4 of the Defence (Amendment) Act, 1990, which repealed subsection (1) of section 26 of the principal enactment, a soldier of the regular force shall be entitled to claim his discharge at any time before the completion of his term of engagement on payment of such sum and subject to such conditions as may be prescribed by regulations made under this section. The Committee again requests the Government to provide a copy of these regulations.

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:

1. In its earlier comments, the Committee noted that section 4(1)(xxx) of the Summary Jurisdiction (Offences) Ordinance (Chapter 99), read together with section 4(7) of the same Ordinance, provides that every person who, being able wholly or in part to maintain himself or his family by work or other means, wilfully refuses or neglects so to do is guilty of a petty offence and is liable to imprisonment with or without hard labour for a period not exceeding two months. The Committee noted that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention by virtue of Article 2(1) if enforced by any penalty. The Committee noted that no prosecutions were carried out under the Act. It again expresses the hope that when the Ordinance is next amended section 4(1)(xxx) will be brought into full conformity with the Convention and that pending such amendment, the Government will continue supplying information on any prosecutions under this provision.

2. The Committee noted that the Government provided a copy of the Defence (Amendment) Act 1990. It also noted with interest that section 4 of this amended Act repeals subsection 1 of section 26 of the principal enactment and provides that a soldier of the regular force shall be entitled to claim his discharge at any time before the completion of his term of engagement on payment of a sum and subject to such conditions as may be prescribed by regulations. The Committee asks the Government again to provide a copy of the principal enactment.

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

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.

1.  In its earlier comments, the Committee noted that section 4(1)(xxx) of the Summary Jurisdiction (Offences) Ordinance (Chapter 99), read together with section 4(7) of the same Ordinance, provides that every person who, being able wholly or in part to maintain himself or his family by work or other means, wilfully refuses or neglects so to do is guilty of a petty offence and is liable to imprisonment with or without hard labour for a period not exceeding two months. The Committee noted that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention by virtue of Article 2(1) if enforced by any penalty. The Committee noted that no prosecutions were carried out under the Act. It again expresses the hope that when the Ordinance is next amended section 4(1)(xxx) will be brought into full conformity with the Convention and that pending such amendment, the Government will continue supplying information on any prosecutions under this provision.

2.  The Committee noted that the Government provided a copy of the Defence (Amendment) Act 1990. It also noted with interest that section 4 of this amended Act repeals subsection 1 of section 26 of the principal enactment and provides that a soldier of the regular force shall be entitled to claim his discharge at any time before the completion of his term of engagement on payment of a sum and subject to such conditions as may be prescribed by regulations. The Committee asks the Government again to provide a copy of the principal enactment.

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

1. The Committee notes the Government's brief report which contains no reply to its previous comments.

2. In its earlier comments, the Committee noted that section 4(1)(xxx) of the Summary Jurisdiction (Offences) Ordinance (Chapter 99), read together with section 4(7) of the same Ordinance, provides that every person who, being able wholly or in part to maintain himself or his family by work or other means, wilfully refuses or neglects so to do is guilty of a petty offence and is liable to imprisonment with or without hard labour for a period not exceeding two months. The Committee noted that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention by virtue of Article 2(1) if enforced by any penalty. The Committee noted that no prosecutions were carried out under the Act. It again expresses the hope that when the Ordinance is next amended section 4(1)(xxx) will be brought into full conformity with the Convention and that pending such amendment, the Government will continue supplying information on any prosecutions under this provision.

3. The Committee noted that the Government provided a copy of the Defence (Amendment) Act 1990. It also noted with interest that section 4 of this amended Act repeals subsection 1 of section 26 of the principal enactment and provides that a soldier of the regular force shall be entitled to claim his discharge at any time before the completion of his term of engagement on payment of a sum and subject to such conditions as may be prescribed by regulations. The Committee asks the Government again to provide a copy of the principal enactment.

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

1. In its earlier comments, the Committee noted that section 4(1)(x) of the Summary Jurisdiction (Offences) Ordinance (Chapter 99), read together with section 4(7) of the same Ordinance, provides that every person who, being able wholly or in part to maintain himself or his family by work or other means, wilfully refuses or neglects so to do is guilty of a petty offence and is liable to imprisonment. The Committee noted that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of the Convention by virtue of Article 2(1) if enforced by any penalty. The Committee again notes that no prosecutions were carried out under the Act. It again expresses the hope that when the Ordinance is next amended section 4(1)(x) will be brought into conformity with the Convention and that pending such amendment, the Government will continue supplying information on any prosecutions under this provision.

2. The Committee notes that the Government provided a copy of the Defence (Amendment) Act 1990. It notes with interest that section 4 of this Act amends section 26 of the principal enactment and provides that a soldier of the regular force shall be entitled to claim his discharge at any time before the completion of his term of engagement on payment of such sum and subject to such conditions as may be prescribed by regulations. The Committee asks the Government to provide a copy of these regulations as well as of the principal enactment.

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

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

1. In its earlier comments, the Committee noted that section 4(1)(XXX) of the Summary Jurisdiction (Offences) Ordinance (Ch. 99), read together with section 4(7) of the same Ordinance, provides that every person who, being able wholly or in part to maintain himself or his family by work or other means, wilfully refuses or neglects to do so, shall be guilty of a petty offence and is liable to imprisonment. The Committee noted that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of Article 2, paragraph 1, of the Convention if enforced by any penalty. Having previously indicated that no prosecutions were carried out under the Act, the Government reports that there has been no change in this regard. Under these circumstances the Committee again expresses the firm hope that on the occasion when the Ordinance is next amended section 4(1)(XXX) will be brought into conformity with the Convention, e.g., by deleting the words "himself or", and that pending such amendment, the Government will continue supplying information on any prosecutions under this provision.

2. The Committee notes that the Government provided a copy of the Defence (Amendment) Act 1990. It notes with interest that section 4 of this Act amends section 26 of the principal enactment and provides that a soldier of the regular force shall be entitled to claim his discharge at any time before the completion of his term of engagement on payment of such sum and subject to such conditions as may be prescribed by regulations. The Committee asks the Government to provide a copy of these regulations as well as of the principal enactment.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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:

1. In an earlier comment, the Committee noted that section 4(1)(x) of the Summary Jurisdiction (Offences) Ordinance (ch. 99), read together with section 4(7) of the same Ordinance, provides that every person who, being able wholly or in part to maintain himself or his family by work or other means, wilfully refuses or neglects to do so, shall be guilty of a petty offence and is liable to imprisonment. The Committee noted that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of Article 2, paragraph 1, of the Convention if enforced by any penalty. The Government having previously indicated that no prosecutions were carried out under the Act, the Committee again expresses the hope that on the occasion when the Ordinance is next amended, section 4(1)(x) will be brought into conformity with the Convention and that the Government will indicate in future reports any prosecutions under it or changes in the situation.

2. The Committee again requests the Government to provide with its next report a copy of the provisions governing enlistment and discharge of members of the defence force, including the Defence (Amendment) Act of 1990.

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

1. In an earlier comment, the Committee noted that section 4(1)(x) of the Summary Jurisdiction (Offences) Ordinance (ch. 99), read together with section 4(7) of the same Ordinance, provides that every person who, being able wholly or in part to maintain himself or his family by work or other means, wilfully refuses or neglects to do so, shall be guilty of a petty offence and is liable to imprisonment. The Committee noted that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of Article 2, paragraph 1, of the Convention if enforced by any penalty. The Government having previously indicated that no prosecutions were carried out under the Act, the Committee again hopes that on the occasion when the Ordinance is next amended, section 4(1)(x) will be brought into conformity with the Convention and that the Government will indicate in future reports any prosecutions under it or changes in the situation.

2. The Committee requests the Government to provide with its next report a copy of the provisions governing enlistment and discharge of members of the defence force, including the Defence (Amendment) Act of 1990.

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

In an earlier comment, the Committee noted that section 4(1)(x) of the Summary Jurisdiction (Offences) Ordinance (ch. 99), read together with section 4(7) of the same ordinance, provides that every person who, being able wholly or in part to maintain himself or his family by work or other means, wilfully refuses or neglects so to do, shall be guilty of a petty offence and is liable to imprisonment. The Committee noted that a legal obligation to maintain oneself by work, in the absence of other means, falls within the scope of Article 2, paragraph 1, of the Convention if enforced by any penalty and asked the Government to indicate whether section 4(1)(x) was still in force and if so, to consider its amendment at an appropriate occasion so as to ensure the observance of the Convention in this regard.

The Committee notes the indication in the Government's report for the period 1 July 1988 to 30 June 1989 that the section is still in force but no prosecutions have been carried under this section during the period covered by the report.

The Committee hopes that on the occasion when the Ordinance is next amended, section 4(1)(x) will be brought into conformity with the Convention and that the Government will indicate in future reports any prosecutions under it or changes in the situation.