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

The Committee notes with deep concern that the Government’s report, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.
Article 1 of the Convention. Information on national policies. The Committee takes note that a Regional review meeting of the implementation of the Global Compact for Safe, Orderly and Regular Migration in Latin America and the Caribbean has been held virtually from April 26 to 28, 2021. Noting that the main objective of the review was to provide a common platform where Member States and all other stakeholders can contribute to the debate on the challenges, progress and needs in the implementation of the Global Compact in the region, the Committee asks the Government to provide information on the measures taken or envisaged within the framework of the above-mentioned meeting regarding migrants leaving or entering the country seeking employment.
Articles 2 and 4. Provision of free information and assistance. The Committee previously noted that the approval of temporary employment permits has been transferred from the Department of Immigration and Nationality to the Work Permit Committee of the Labour Department in 2010 and asked the Government to provide information on the free assistance and information services provided to migrant workers by the Public Employment Agency and its offices in the regions, the Labour Department and the Department of Immigration and Nationality. In the absence of information on this point, the Committee recalls that member States are under an obligation either to provide or fund the provision of free information or other assistance to migrant workers or to ensure the existence of such services, and to monitor them and, where necessary, intervene to supplement them. Consequently, the Committee asks once again the Government to provide information on the free assistance and information services provided to migrant workers by the Public Employment Agency and its offices in the regions, the Labour Department and the Department of Immigration and Nationality. Please indicate, if possible, any measures taken to ensure that the information and services provided are reaching emigrants and immigrants in an effective manner.
Article 3. Misleading propaganda. Previously, the Committee had noted that the Anti-Trafficking in Persons Committee has carried out public awareness campaigns with the objective of addressing false and misleading information, especially to migrants and asked the Government to provide information on the impact of the steps taken against misleading and false information regarding the migration process. In the absence of information in this regard, the Committee wishes to stress that trafficking in persons is a severe form of migration in abusive conditions and recalls the provisions of the instruments in this regard, as well as the core international labour standards on forced labour. The Committee thus, once again, asks the Government to provide information on the steps taken against misleading propaganda relating to emigration and immigration, and their impact on the migration process, including public awareness programmes. Further, recalling the importance given by the Convention to the sharing of migration-related information among member States, the Committee asks the Government to communicate relevant data on labour migration flows or patterns in the country or region, disaggregated by sex and age, and information on any measures taken or envisaged to cooperate with other member States in this regard.
Article 5. Entry requirements and medical examinations. In its last comment, the Committee had asked the Government to provide information on the application in practice of section 5(1)(a), (b), (c) and (e) of the Immigration Act, including the number of non-nationals seeking employment in Belize who have been prohibited entry or who have been expelled on the basis of these provisions. It also had asked the Government to indicate whether any consideration has been given to amending the provisions of the Immigration Act concerning prohibited immigrants in the light of scientific developments and changing social attitudes, and to prevent discrimination. The Committee notes that in 2018, the Immigration (Amendment) Act (No.10/2018) modified a number of provisions. It notes with regret that section 5(1)(a), (b) (c) and (e) remained the same, as it continues to prohibit the entry of the following: “any person who is likely, when entering Belize, to become a charge on public funds by reason of infirmity of body or mind or of ill health” (section 5(1)(a)) and “any idiot or any person who is insane or mentally deficient or any person who is deaf and dumb or deaf and blind, or dumb and blind, unless in any such case the person or a person accompanying him or her or some other person gives security for the person’s permanent support or removal therefrom” (section 5(1)(b)). The Committee draws once again the Government’s attention to the fact that, while medical testing and the prohibition of entry of persons on the ground that they may constitute a grave risk to public health is likely to be a routine and a responsible precaution prior to permitting entry of non-nationals, the exclusion of individuals on certain medical or personal grounds which do not pose a danger to public health or a burden to public funds may be dated due to scientific developments or changing social attitudes, and some constitute unacceptable discrimination (see General Survey on migrant workers, 1999, paragraphs 262 and 263). Moreover, the Committee notes that pursuant to section 5(1)(c), any person certified by a medical practitioner to be suffering from a communicable disease, which makes the entry into Belize dangerous to the community, is also prohibited entry. It also notes that section 5(1)(e) of the Act prohibits entry of homosexuals. The Committee recalls that refusal of entry or repatriation on the grounds that the worker concerned is suffering from an infection or illness of any kind which has no effect on the task for which the worker has been recruited, constitutes an unacceptable form of discrimination (General Survey, 1999, paragraph 266). In this context, the Committee also refers to Paragraph 28 of the HIV and AIDS Recommendation, 2010, according to which migrant workers, or those seeking to migrate for employment, should not be excluded from migration by countries of origin, transit or destination on the basis of their real or perceived HIV status. The Committee asks the Government to take the appropriate measures to amend section 5(1)(a), (b), (c) and (e) of the Immigration Act 2018 in light of scientific developments and changing social attitudes, and to prevent discrimination against migrant workers. The Committee also asks the Government to provide information on the number of migrant workers who have been refused entry in Belize on the basis of the above provisions of the Immigration Act.
Article 6. Equality of treatment. The Committee previously noted that, section 42 of the Labour (Amendment) Act of 2011 protects against discrimination based on race, sex, religion or nationality only with respect to unfair dismissal or discipline. Moreover, labour officials, through advice, education and inspection of employers, workers and other interested parties, ensure dissemination of information regarding equality of treatment, and that many labour complaints, including those giving rise to complaints for compensation, come from workers from neighbouring countries of Central America. The Committee asked the Government to provide information on the application in practice of Article 6 of the Convention. In the absence of information on the effective application of Article 6 of the Convention, the Committee asks once again the Government to provide information on any cases dealt with by the labour inspection services, the Labour Department or the courts with respect to the matters raised in Article 6(1)(a)–(d) of the Convention, irrespective of reciprocity. Please indicate the mechanisms and procedures allowing migrant workers, in practice, to seek redress on an equal footing with nationals regarding situations of non-respect of the right to equal treatment with respect to working conditions, including termination, without facing the risk of losing their residence permit.
Statistics. The Committee previously noted that, according to the 2012 Labour Force Survey: 29,951 persons were foreign born out of the total employed population of 126,722. Applicants for temporary employment permits totalled 568 in 2011, with the majority being from United States citizens (156) and Guatemalan nationals (125). Most of the employment was in farm work. The Committee also noted that the Immigration and Nationality Department recorded the entry of 16 refugees in 2009, 25 refugees in 2010 and 20 refugees in 2011. With regard to the persons applying in 2009–11 for the qualifying certificates under the Caribbean Community (free Movement of Skilled Persons) Act, 1999, 39 certificates were issued to Belizeans and 40 certificates were issued to CARICOM nationals (15 men and 25 women) for employment in finance, education and tourism. The Committee recalls the importance of data collection for determining the nature of labour migration and inequalities of treatment faced by migrant workers, to set priorities and design measures, and to evaluate their impact and make adaptations where necessary. The Committee asks once again the Government to provide updated statistical information, disaggregated by sex and nationality on the number of foreign nationals employed in Belize, as well as on the number of nationals employed abroad with an indication of the country of destination and the sector of employment.

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 2 and 4 of the Convention. Provision of information and assistance. The Committee notes that in July 2010, the approval of temporary employment permits was transferred from the Department of Immigration and Nationality to the Work Permit Committee of the Labour Department. The Committee also notes the information provided by the Government on the use made by foreign workers of the services provided by the Public Employment Agency. The Committee asks the Government to continue to provide information on the free assistance and information services provided to migrant workers by the Public Employment Agency and its offices in the regions, the Labour Department and the Department of Immigration and Nationality. Please indicate, if possible, any measures taken to ensure that the information and services provided are reaching emigrants and immigrants in an effective manner.
Article 3. Misleading propaganda. The Committee notes from the Government’s report that the Anti-Trafficking in Persons Committee has carried out public awareness campaigns with the objective of addressing false and misleading information, especially to migrants. Specific campaigns are geared to women and girls, including the “My future is not for sale” campaign of the Youth Enhancement Services (YES) aimed at preventing commercial sexual exploitation, and the education sessions conducted in this context by the Belize Tourism Board. The Committee asks the Government to continue to provide information on the steps taken, and their impact, against misleading and false information regarding the migration process, including public awareness programmes, and any measures to cooperate with other member States in this regard.
Article 5. Entry requirements and medical examinations. The Committee notes that the Immigration Act, Chapter 156 prohibits the entry of the following: “any person who is likely, when entering Belize, to become a charge on public funds by reason of infirmity of body or mind or of ill health” (section 5(1)(a)) and “any idiot or any person who is insane or mentally deficient or any person who is deaf and dumb or deaf and blind, or dumb and blind, unless in any such case the person or a person accompanying him or her or some other person gives security for the person’s permanent support or removal therefrom” (section 5(1)(b)). The Committee draws the Government’s attention to the fact that, while medical testing and the prohibition of entry of persons on the ground that they may constitute a grave risk to public health is likely to be a routine and a responsible precaution prior to permitting entry of non-nationals, the exclusion of individuals on certain medical or personal grounds which do not pose a danger to public health or a burden to public funds may be dated due to scientific developments or changing social attitudes, and some constitute unacceptable discrimination (see General Survey on migrant workers, 1999, paragraphs 262 and 263). The Committee notes in particular that section 5(1)(c) of the Act prohibits entry of homosexuals. The Committee asks the Government to provide detailed information on the practical application of section 5(1)(a), (b) and (e) of the Immigration Act, including the number of non-nationals seeking employment in Belize who have been prohibited entry or who have been expelled on the basis of these provisions. Please indicate in this report how it is determined that a person with a mental or physical disability is likely to become a hinder on public funds. Please also indicate whether any exemptions have been granted by virtue of sections 5(2) of the Act. The Committee also requests the Government to indicate whether any consideration has been given to amending the provisions of the Immigration Act concerning prohibited immigrants in the light of scientific developments and changing social attitudes, and to prevent discrimination.
Furthermore, the Committee notes that pursuant to section 5(1)(c) of the Immigration Act, Chapter 156 any person certified by a medical practitioner to be suffering from a communicable disease, which makes the entry into Belize dangerous to the community, is also prohibited entry. Further to the previous paragraph, the Committee recalls that refusal of entry or repatriation on the grounds that the worker concerned is suffering from an infection or illness of any kind which has no effect on the task for which the worker has been recruited, constitutes an unacceptable form of discrimination (General Survey, 1999, paragraph 266). In this context, the Committee also refers to Paragraph 28 of the HIV and AIDS Recommendation, 2010, according to which migrant workers, or those seeking to migrate for employment, should not be excluded from migration by countries of origin, of transit or of destination on the basis of their real or perceived HIV status. The Committee requests the Government to provide information on whether any assessment is being made in cases where a migrant worker is refused entry on the basis of section 5(1)(c) of the Immigration Act as to whether the infection or illness would have had an effect on the task for which the worker had been recruited. The Committee also requests the Government to clarify whether section 5(1)(c) would cover migrant workers living with HIV, and to provide information on the number of migrant workers requesting to enter Belize who have been refused entry on the basis of the above provisions of the Immigration Act.
Article 6. Equality of treatment. The Committee recalls the Government’s previous statement that equality of treatment in working conditions and entitlements is provided for in the Labour Act and ensured to all workers in Belize. The Committee, while noting the provisions in the Labour Act concerning conditions of work, also notes that the Labour Act protects against discrimination on the basis of race, sex, religion or nationality only with respect to unfair dismissal or discipline (section 42 of the Labour (Amendment) Act of 2011). The Government indicates that labour officials, through advice, education and inspection of employers, workers and other interested parties, ensure dissemination of information regarding equality of treatment, and that many labour complaints, including those giving rise to complaints for compensation, come from workers from neighbouring countries of Central America. The Committee notes that efforts are made to explain procedures in Spanish and that valid claims are usually amicably settled directly with the employer without recourse to the courts. Regular migrant workers whose contracts have been terminated and who are unable to settle the case through the Labour Department or directly with the employer, can have access to the courts on an equal basis with nationals. The Committee asks the Government to provide information on any cases dealt with by the labour inspection services, the Labour Department or the courts with respect to the matters raised in Article 6(1)(a)–(d) of the Convention, irrespective of reciprocity. Please indicate the mechanisms and procedures allowing migrant workers to seek redress on an equal footing with nationals regarding situations of non-respect of the right to equal treatment with respect to working conditions, including termination, in practice, without facing the risk of losing their residence permit.
Article 8. Maintenance of residence in the event of incapacity for work. The Committee notes with interest that section 11(1) and (2) of the Immigration Act, Chapter 156 reproduces Article 8(1) and (2) of the Convention, providing for the right of migrants for employment admitted on a permanent basis to maintain residence in the event of incapacity for work due to illness contracted or injury sustained subsequent to entry.
Statistics. The Committee notes the statistics provided by the Government, including the recent Labour Force Survey 2012 indicating that 29,951 persons were foreign born out of the total employed population of 126,722. In 2010, the number of approved temporary employment permits totalled 936, with the majority of the applications received from Guatemalans (449) and Hondurans (121). In 2011, the number of temporary employment permits totalled 568 with the majority being from United States citizens (156) and Guatemalan nationals (125). Most of the employment was in farm work. The Committee also notes that the Immigration and Nationality Department recorded the entry of 16 refugees in 2009, 25 refugees in 2010 and 20 refugees in 2011. With regard to the persons applying in 2009–11 for the qualifying certificates under the Caribbean Community (free Movement of Skilled Persons) Act, 1999, 39 certificates were issued to Belizeans and 40 certificates were issued to CARICOM nationals (15 men and 25 women) for employment in finance, education and tourism. Please continue to provide statistical data, disaggregated by sex and nationality on the number of foreign nationals employed in Belize, as well as on the number of nationals employed abroad with an indication of the country of destination and the sector of employment.

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 2 and 4 of the Convention. Provision of information and assistance. The Committee notes that in July 2010, the approval of temporary employment permits was transferred from the Department of Immigration and Nationality to the Work Permit Committee of the Labour Department. The Committee also notes the information provided by the Government on the use made by foreign workers of the services provided by the Public Employment Agency. The Committee asks the Government to continue to provide information on the free assistance and information services provided to migrant workers by the Public Employment Agency and its offices in the regions, the Labour Department and the Department of Immigration and Nationality. Please indicate, if possible, any measures taken to ensure that the information and services provided are reaching emigrants and immigrants in an effective manner.
Article 3. Misleading propaganda. The Committee notes from the Government’s report that the Anti-Trafficking in Persons Committee has carried out public awareness campaigns with the objective of addressing false and misleading information, especially to migrants. Specific campaigns are geared to women and girls, including the “My future is not for sale” campaign of the Youth Enhancement Services (YES) aimed at preventing commercial sexual exploitation, and the education sessions conducted in this context by the Belize Tourism Board. The Committee asks the Government to continue to provide information on the steps taken, and their impact, against misleading and false information regarding the migration process, including public awareness programmes, and any measures to cooperate with other member States in this regard.
Article 5. Entry requirements and medical examinations. The Committee notes that the Immigration Act, Chapter 156 prohibits the entry of the following: “any person who is likely, when entering Belize, to become a charge on public funds by reason of infirmity of body or mind or of ill health” (section 5(1)(a)) and “any idiot or any person who is insane or mentally deficient or any person who is deaf and dumb or deaf and blind, or dumb and blind, unless in any such case the person or a person accompanying him or her or some other person gives security for the person’s permanent support or removal therefrom” (section 5(1)(b)). The Committee draws the Government’s attention to the fact that, while medical testing and the prohibition of entry of persons on the ground that they may constitute a grave risk to public health is likely to be a routine and a responsible precaution prior to permitting entry of non-nationals, the exclusion of individuals on certain medical or personal grounds which do not pose a danger to public health or a burden to public funds may be dated due to scientific developments or changing social attitudes, and some constitute unacceptable discrimination (see General Survey on migrant workers, 1999, paragraphs 262 and 263). The Committee notes in particular that section 5(1)(c) of the Act prohibits entry of homosexuals. The Committee asks the Government to provide detailed information on the practical application of section 5(1)(a), (b) and (e) of the Immigration Act, including the number of non-nationals seeking employment in Belize who have been prohibited entry or who have been expelled on the basis of these provisions. Please indicate in this report how it is determined that a person with a mental or physical disability is likely to become a hinder on public funds. Please also indicate whether any exemptions have been granted by virtue of sections 5(2) of the Act. The Committee also requests the Government to indicate whether any consideration has been given to amending the provisions of the Immigration Act concerning prohibited immigrants in the light of scientific developments and changing social attitudes, and to prevent discrimination.
Furthermore, the Committee notes that pursuant to section 5(1)(c) of the Immigration Act, Chapter 156 any person certified by a medical practitioner to be suffering from a communicable disease, which makes the entry into Belize dangerous to the community, is also prohibited entry. Further to the previous paragraph, the Committee recalls that refusal of entry or repatriation on the grounds that the worker concerned is suffering from an infection or illness of any kind which has no effect on the task for which the worker has been recruited, constitutes an unacceptable form of discrimination (General Survey, 1999, paragraph 266). In this context, the Committee also refers to Paragraph 28 of the HIV and AIDS Recommendation, 2010, according to which migrant workers, or those seeking to migrate for employment, should not be excluded from migration by countries of origin, of transit or of destination on the basis of their real or perceived HIV status. The Committee requests the Government to provide information on whether any assessment is being made in cases where a migrant worker is refused entry on the basis of section 5(1)(c) of the Immigration Act as to whether the infection or illness would have had an effect on the task for which the worker had been recruited. The Committee also requests the Government to clarify whether section 5(1)(c) would cover migrant workers living with HIV, and to provide information on the number of migrant workers requesting to enter Belize who have been refused entry on the basis of the above provisions of the Immigration Act.
Article 6. Equality of treatment. The Committee recalls the Government’s previous statement that equality of treatment in working conditions and entitlements is provided for in the Labour Act and ensured to all workers in Belize. The Committee, while noting the provisions in the Labour Act concerning conditions of work, also notes that the Labour Act protects against discrimination on the basis of race, sex, religion or nationality only with respect to unfair dismissal or discipline (section 42 of the Labour (Amendment) Act of 2011). The Government indicates that labour officials, through advice, education and inspection of employers, workers and other interested parties, ensure dissemination of information regarding equality of treatment, and that many labour complaints, including those giving rise to complaints for compensation, come from workers from neighbouring countries of Central America. The Committee notes that efforts are made to explain procedures in Spanish and that valid claims are usually amicably settled directly with the employer without recourse to the courts. Regular migrant workers whose contracts have been terminated and who are unable to settle the case through the Labour Department or directly with the employer, can have access to the courts on an equal basis with nationals. The Committee asks the Government to provide information on any cases dealt with by the labour inspection services, the Labour Department or the courts with respect to the matters raised in Article 6(1)(a)–(d) of the Convention, irrespective of reciprocity. Please indicate the mechanisms and procedures allowing migrant workers to seek redress on an equal footing with nationals regarding situations of non-respect of the right to equal treatment with respect to working conditions, including termination, in practice, without facing the risk of losing their residence permit.
Article 8. Maintenance of residence in the event of incapacity for work. The Committee notes with interest that section 11(1) and (2) of the Immigration Act, Chapter 156 reproduces Article 8(1) and (2) of the Convention, providing for the right of migrants for employment admitted on a permanent basis to maintain residence in the event of incapacity for work due to illness contracted or injury sustained subsequent to entry.
Statistics. The Committee notes the statistics provided by the Government, including the recent Labour Force Survey 2012 indicating that 29,951 persons were foreign born out of the total employed population of 126,722. In 2010, the number of approved temporary employment permits totalled 936, with the majority of the applications received from Guatemalans (449) and Hondurans (121). In 2011, the number of temporary employment permits totalled 568 with the majority being from United States citizens (156) and Guatemalan nationals (125). Most of the employment was in farm work. The Committee also notes that the Immigration and Nationality Department recorded the entry of 16 refugees in 2009, 25 refugees in 2010 and 20 refugees in 2011. With regard to the persons applying in 2009–11 for the qualifying certificates under the Caribbean Community (free Movement of Skilled Persons) Act, 1999, 39 certificates were issued to Belizeans and 40 certificates were issued to CARICOM nationals (15 men and 25 women) for employment in finance, education and tourism. Please continue to provide statistical data, disaggregated by sex and nationality on the number of foreign nationals employed in Belize, as well as on the number of nationals employed abroad with an indication of the country of destination and the sector of employment.

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

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 initially made in 2013.
Repetition
Articles 2 and 4 of the Convention. Provision of information and assistance. The Committee notes that in July 2010, the approval of temporary employment permits was transferred from the Department of Immigration and Nationality to the Work Permit Committee of the Labour Department. The Committee also notes the information provided by the Government on the use made by foreign workers of the services provided by the Public Employment Agency. The Committee asks the Government to continue to provide information on the free assistance and information services provided to migrant workers by the Public Employment Agency and its offices in the regions, the Labour Department and the Department of Immigration and Nationality. Please indicate, if possible, any measures taken to ensure that the information and services provided are reaching emigrants and immigrants in an effective manner.
Article 3. Misleading propaganda. The Committee notes from the Government’s report that the Anti-Trafficking in Persons Committee has carried out public awareness campaigns with the objective of addressing false and misleading information, especially to migrants. Specific campaigns are geared to women and girls, including the “My future is not for sale” campaign of the Youth Enhancement Services (YES) aimed at preventing commercial sexual exploitation, and the education sessions conducted in this context by the Belize Tourism Board. The Committee asks the Government to continue to provide information on the steps taken, and their impact, against misleading and false information regarding the migration process, including public awareness programmes, and any measures to cooperate with other member States in this regard.
Article 5. Entry requirements and medical examinations. The Committee notes that the Immigration Act, Chapter 156 prohibits the entry of the following: “any person who is likely, when entering Belize, to become a charge on public funds by reason of infirmity of body or mind or of ill health” (section 5(1)(a)) and “any idiot or any person who is insane or mentally deficient or any person who is deaf and dumb or deaf and blind, or dumb and blind, unless in any such case the person or a person accompanying him or her or some other person gives security for the person’s permanent support or removal therefrom” (section 5(1)(b)). The Committee draws the Government’s attention to the fact that, while medical testing and the prohibition of entry of persons on the ground that they may constitute a grave risk to public health is likely to be a routine and a responsible precaution prior to permitting entry of non-nationals, the exclusion of individuals on certain medical or personal grounds which do not pose a danger to public health or a burden to public funds may be dated due to scientific developments or changing social attitudes, and some constitute unacceptable discrimination (see General Survey on migrant workers, 1999, paragraphs 262 and 263). The Committee notes in particular that section 5(1)(c) of the Act prohibits entry of homosexuals. The Committee asks the Government to provide detailed information on the practical application of section 5(1)(a), (b) and (e) of the Immigration Act, including the number of non-nationals seeking employment in Belize who have been prohibited entry or who have been expelled on the basis of these provisions. Please indicate in this report how it is determined that a person with a mental or physical disability is likely to become a hinder on public funds. Please also indicate whether any exemptions have been granted by virtue of sections 5(2) of the Act. The Committee also requests the Government to indicate whether any consideration has been given to amending the provisions of the Immigration Act concerning prohibited immigrants in the light of scientific developments and changing social attitudes, and to prevent discrimination.
Furthermore, the Committee notes that pursuant to section 5(1)(c) of the Immigration Act, Chapter 156 any person certified by a medical practitioner to be suffering from a communicable disease, which makes the entry into Belize dangerous to the community, is also prohibited entry. Further to the previous paragraph, the Committee recalls that refusal of entry or repatriation on the grounds that the worker concerned is suffering from an infection or illness of any kind which has no effect on the task for which the worker has been recruited, constitutes an unacceptable form of discrimination (General Survey, 1999, paragraph 266). In this context, the Committee also refers to Paragraph 28 of the HIV and AIDS Recommendation, 2010, according to which migrant workers, or those seeking to migrate for employment, should not be excluded from migration by countries of origin, of transit or of destination on the basis of their real or perceived HIV status. The Committee requests the Government to provide information on whether any assessment is being made in cases where a migrant worker is refused entry on the basis of section 5(1)(c) of the Immigration Act as to whether the infection or illness would have had an effect on the task for which the worker had been recruited. The Committee also requests the Government to clarify whether section 5(1)(c) would cover migrant workers living with HIV, and to provide information on the number of migrant workers requesting to enter Belize who have been refused entry on the basis of the above provisions of the Immigration Act.
Article 6. Equality of treatment. The Committee recalls the Government’s previous statement that equality of treatment in working conditions and entitlements is provided for in the Labour Act and ensured to all workers in Belize. The Committee, while noting the provisions in the Labour Act concerning conditions of work, also notes that the Labour Act protects against discrimination on the basis of race, sex, religion or nationality only with respect to unfair dismissal or discipline (section 42 of the Labour (Amendment) Act of 2011). The Government indicates that labour officials, through advice, education and inspection of employers, workers and other interested parties, ensure dissemination of information regarding equality of treatment, and that many labour complaints, including those giving rise to complaints for compensation, come from workers from neighbouring countries of Central America. The Committee notes that efforts are made to explain procedures in Spanish and that valid claims are usually amicably settled directly with the employer without recourse to the courts. Regular migrant workers whose contracts have been terminated and who are unable to settle the case through the Labour Department or directly with the employer, can have access to the courts on an equal basis with nationals. The Committee asks the Government to provide information on any cases dealt with by the labour inspection services, the Labour Department or the courts with respect to the matters raised in Article 6(1)(a)–(d) of the Convention, irrespective of reciprocity. Please indicate the mechanisms and procedures allowing migrant workers to seek redress on an equal footing with nationals regarding situations of non-respect of the right to equal treatment with respect to working conditions, including termination, in practice, without facing the risk of losing their residence permit.
Article 8. Maintenance of residence in the event of incapacity for work. The Committee notes with interest that section 11(1) and (2) of the Immigration Act, Chapter 156 reproduces Article 8(1) and (2) of the Convention, providing for the right of migrants for employment admitted on a permanent basis to maintain residence in the event of incapacity for work due to illness contracted or injury sustained subsequent to entry.
Statistics. The Committee notes the statistics provided by the Government, including the recent Labour Force Survey 2012 indicating that 29,951 persons were foreign born out of the total employed population of 126,722. In 2010, the number of approved temporary employment permits totalled 936, with the majority of the applications received from Guatemalans (449) and Hondurans (121). In 2011, the number of temporary employment permits totalled 568 with the majority being from United States citizens (156) and Guatemalan nationals (125). Most of the employment was in farm work. The Committee also notes that the Immigration and Nationality Department recorded the entry of 16 refugees in 2009, 25 refugees in 2010 and 20 refugees in 2011. With regard to the persons applying in 2009–11 for the qualifying certificates under the Caribbean Community (free Movement of Skilled Persons) Act, 1999, 39 certificates were issued to Belizeans and 40 certificates were issued to CARICOM nationals (15 men and 25 women) for employment in finance, education and tourism. Please continue to provide statistical data, disaggregated by sex and nationality on the number of foreign nationals employed in Belize, as well as on the number of nationals employed abroad with an indication of the country of destination and the sector of employment.

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

The Committee notes 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 initially made in 2013.
Repetition
Articles 2 and 4 of the Convention. Provision of information and assistance. The Committee notes that in July 2010, the approval of temporary employment permits was transferred from the Department of Immigration and Nationality to the Work Permit Committee of the Labour Department. The Committee also notes the information provided by the Government on the use made by foreign workers of the services provided by the Public Employment Agency. The Committee asks the Government to continue to provide information on the free assistance and information services provided to migrant workers by the Public Employment Agency and its offices in the regions, the Labour Department and the Department of Immigration and Nationality. Please indicate, if possible, any measures taken to ensure that the information and services provided are reaching emigrants and immigrants in an effective manner.
Article 3. Misleading propaganda. The Committee notes from the Government’s report that the Anti-Trafficking in Persons Committee has carried out public awareness campaigns with the objective of addressing false and misleading information, especially to migrants. Specific campaigns are geared to women and girls, including the “My future is not for sale” campaign of the Youth Enhancement Services (YES) aimed at preventing commercial sexual exploitation, and the education sessions conducted in this context by the Belize Tourism Board. The Committee asks the Government to continue to provide information on the steps taken, and their impact, against misleading and false information regarding the migration process, including public awareness programmes, and any measures to cooperate with other member States in this regard.
Article 5. Entry requirements and medical examinations. The Committee notes that the Immigration Act, Chapter 156 prohibits the entry of the following: “any person who is likely, when entering Belize, to become a charge on public funds by reason of infirmity of body or mind or of ill health” (section 5(1)(a)) and “any idiot or any person who is insane or mentally deficient or any person who is deaf and dumb or deaf and blind, or dumb and blind, unless in any such case the person or a person accompanying him or her or some other person gives security for the person’s permanent support or removal therefrom” (section 5(1)(b)). The Committee draws the Government’s attention to the fact that, while medical testing and the prohibition of entry of persons on the ground that they may constitute a grave risk to public health is likely to be a routine and a responsible precaution prior to permitting entry of non-nationals, the exclusion of individuals on certain medical or personal grounds which do not pose a danger to public health or a burden to public funds may be dated due to scientific developments or changing social attitudes, and some constitute unacceptable discrimination (see General Survey on migrant workers, 1999, paragraphs 262 and 263). The Committee notes in particular that section 5(1)(c) of the Act prohibits entry of homosexuals. The Committee asks the Government to provide detailed information on the practical application of section 5(1)(a), (b) and (e) of the Immigration Act, including the number of non-nationals seeking employment in Belize who have been prohibited entry or who have been expelled on the basis of these provisions. Please indicate in this report how it is determined that a person with a mental or physical disability is likely to become a hinder on public funds. Please also indicate whether any exemptions have been granted by virtue of sections 5(2) of the Act. The Committee also requests the Government to indicate whether any consideration has been given to amending the provisions of the Immigration Act concerning prohibited immigrants in the light of scientific developments and changing social attitudes, and to prevent discrimination.
Furthermore, the Committee notes that pursuant to section 5(1)(c) of the Immigration Act, Chapter 156 any person certified by a medical practitioner to be suffering from a communicable disease, which makes the entry into Belize dangerous to the community, is also prohibited entry. Further to the previous paragraph, the Committee recalls that refusal of entry or repatriation on the grounds that the worker concerned is suffering from an infection or illness of any kind which has no effect on the task for which the worker has been recruited, constitutes an unacceptable form of discrimination (General Survey, 1999, paragraph 266). In this context, the Committee also refers to Paragraph 28 of the HIV and AIDS Recommendation, 2010, according to which migrant workers, or those seeking to migrate for employment, should not be excluded from migration by countries of origin, of transit or of destination on the basis of their real or perceived HIV status. The Committee requests the Government to provide information on whether any assessment is being made in cases where a migrant worker is refused entry on the basis of section 5(1)(c) of the Immigration Act as to whether the infection or illness would have had an effect on the task for which the worker had been recruited. The Committee also requests the Government to clarify whether section 5(1)(c) would cover migrant workers living with HIV, and to provide information on the number of migrant workers requesting to enter Belize who have been refused entry on the basis of the above provisions of the Immigration Act.
Article 6. Equality of treatment. The Committee recalls the Government’s previous statement that equality of treatment in working conditions and entitlements is provided for in the Labour Act and ensured to all workers in Belize. The Committee, while noting the provisions in the Labour Act concerning conditions of work, also notes that the Labour Act protects against discrimination on the basis of race, sex, religion or nationality only with respect to unfair dismissal or discipline (section 42 of the Labour (Amendment) Act of 2011). The Government indicates that labour officials, through advice, education and inspection of employers, workers and other interested parties, ensure dissemination of information regarding equality of treatment, and that many labour complaints, including those giving rise to complaints for compensation, come from workers from neighbouring countries of Central America. The Committee notes that efforts are made to explain procedures in Spanish and that valid claims are usually amicably settled directly with the employer without recourse to the courts. Regular migrant workers whose contracts have been terminated and who are unable to settle the case through the Labour Department or directly with the employer, can have access to the courts on an equal basis with nationals. The Committee asks the Government to provide information on any cases dealt with by the labour inspection services, the Labour Department or the courts with respect to the matters raised in Article 6(1)(a)–(d) of the Convention, irrespective of reciprocity. Please indicate the mechanisms and procedures allowing migrant workers to seek redress on an equal footing with nationals regarding situations of non-respect of the right to equal treatment with respect to working conditions, including termination, in practice, without facing the risk of losing their residence permit.
Article 8. Maintenance of residence in the event of incapacity for work. The Committee notes with interest that section 11(1) and (2) of the Immigration Act, Chapter 156 reproduces Article 8(1) and (2) of the Convention, providing for the right of migrants for employment admitted on a permanent basis to maintain residence in the event of incapacity for work due to illness contracted or injury sustained subsequent to entry.
Statistics. The Committee notes the statistics provided by the Government, including the recent Labour Force Survey 2012 indicating that 29,951 persons were foreign born out of the total employed population of 126,722. In 2010, the number of approved temporary employment permits totalled 936, with the majority of the applications received from Guatemalans (449) and Hondurans (121). In 2011, the number of temporary employment permits totalled 568 with the majority being from United States citizens (156) and Guatemalan nationals (125). Most of the employment was in farm work. The Committee also notes that the Immigration and Nationality Department recorded the entry of 16 refugees in 2009, 25 refugees in 2010 and 20 refugees in 2011. With regard to the persons applying in 2009–11 for the qualifying certificates under the Caribbean Community (free Movement of Skilled Persons) Act, 1999, 39 certificates were issued to Belizeans and 40 certificates were issued to CARICOM nationals (15 men and 25 women) for employment in finance, education and tourism. Please continue to provide statistical data, disaggregated by sex and nationality on the number of foreign nationals employed in Belize, as well as on the number of nationals employed abroad with an indication of the country of destination and the sector of employment.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 2 and 4 of the Convention. Provision of information and assistance. The Committee notes that in July 2010, the approval of temporary employment permits was transferred from the Department of Immigration and Nationality to the Work Permit Committee of the Labour Department. The Committee also notes the information provided by the Government on the use made by foreign workers of the services provided by the Public Employment Agency. The Committee asks the Government to continue to provide information on the free assistance and information services provided to migrant workers by the Public Employment Agency and its offices in the regions, the Labour Department and the Department of Immigration and Nationality. Please indicate, if possible, any measures taken to ensure that the information and services provided are reaching emigrants and immigrants in an effective manner.
Article 3. Misleading propaganda. The Committee notes from the Government’s report that the Anti-Trafficking in Persons Committee has carried out public awareness campaigns with the objective of addressing false and misleading information, especially to migrants. Specific campaigns are geared to women and girls, including the “My future is not for sale” campaign of the Youth Enhancement Services (YES) aimed at preventing commercial sexual exploitation, and the education sessions conducted in this context by the Belize Tourism Board. The Committee asks the Government to continue to provide information on the steps taken, and their impact, against misleading and false information regarding the migration process, including public awareness programmes, and any measures to cooperate with other member States in this regard.
Article 5. Entry requirements and medical examinations. The Committee notes that the Immigration Act, Chapter 156 prohibits the entry of the following: “any person who is likely, when entering Belize, to become a charge on public funds by reason of infirmity of body or mind or of ill health” (section 5(1)(a)) and “any idiot or any person who is insane or mentally deficient or any person who is deaf and dumb or deaf and blind, or dumb and blind, unless in any such case the person or a person accompanying him or her or some other person gives security for the person’s permanent support or removal therefrom” (section 5(1)(b)). The Committee draws the Government’s attention to the fact that, while medical testing and the prohibition of entry of persons on the ground that they may constitute a grave risk to public health is likely to be a routine and a responsible precaution prior to permitting entry of non-nationals, the exclusion of individuals on certain medical or personal grounds which do not pose a danger to public health or a burden to public funds may be dated due to scientific developments or changing social attitudes, and some constitute unacceptable discrimination (see General Survey on migrant workers, 1999, paragraphs 262 and 263). The Committee notes in particular that section 5(1)(c) of the Act prohibits entry of homosexuals. The Committee asks the Government to provide detailed information on the practical application of section 5(1)(a), (b) and (e) of the Immigration Act, including the number of non-nationals seeking employment in Belize who have been prohibited entry or who have been expelled on the basis of these provisions. Please indicate in this report how it is determined that a person with a mental or physical disability is likely to become a hinder on public funds. Please also indicate whether any exemptions have been granted by virtue of sections 5(2) of the Act. The Committee also requests the Government to indicate whether any consideration has been given to amending the provisions of the Immigration Act concerning prohibited immigrants in the light of scientific developments and changing social attitudes, and to prevent discrimination.
Furthermore, the Committee notes that pursuant to section 5(1)(c) of the Immigration Act, Chapter 156 any person certified by a medical practitioner to be suffering from a communicable disease, which makes the entry into Belize dangerous to the community, is also prohibited entry. Further to the previous paragraph, the Committee recalls that refusal of entry or repatriation on the grounds that the worker concerned is suffering from an infection or illness of any kind which has no effect on the task for which the worker has been recruited, constitutes an unacceptable form of discrimination (General Survey, 1999, paragraph 266). In this context, the Committee also refers to Paragraph 28 of the HIV and AIDS Recommendation, 2010, according to which migrant workers, or those seeking to migrate for employment, should not be excluded from migration by countries of origin, of transit or of destination on the basis of their real or perceived HIV status. The Committee requests the Government to provide information on whether any assessment is being made in cases where a migrant worker is refused entry on the basis of section 5(1)(c) of the Immigration Act as to whether the infection or illness would have had an effect on the task for which the worker had been recruited. The Committee also requests the Government to clarify whether section 5(1)(c) would cover migrant workers living with HIV, and to provide information on the number of migrant workers requesting to enter Belize who have been refused entry on the basis of the above provisions of the Immigration Act.
Article 6. Equality of treatment. The Committee recalls the Government’s previous statement that equality of treatment in working conditions and entitlements is provided for in the Labour Act and ensured to all workers in Belize. The Committee, while noting the provisions in the Labour Act concerning conditions of work, also notes that the Labour Act protects against discrimination on the basis of race, sex, religion or nationality only with respect to unfair dismissal or discipline (section 42 of the Labour (Amendment) Act of 2011). The Government indicates that labour officials, through advice, education and inspection of employers, workers and other interested parties, ensure dissemination of information regarding equality of treatment, and that many labour complaints, including those giving rise to complaints for compensation, come from workers from neighbouring countries of Central America. The Committee notes that efforts are made to explain procedures in Spanish and that valid claims are usually amicably settled directly with the employer without recourse to the courts. Regular migrant workers whose contracts have been terminated and who are unable to settle the case through the Labour Department or directly with the employer, can have access to the courts on an equal basis with nationals. The Committee asks the Government to provide information on any cases dealt with by the labour inspection services, the Labour Department or the courts with respect to the matters raised in Article 6(1)(a)–(d) of the Convention, irrespective of reciprocity. Please indicate the mechanisms and procedures allowing migrant workers to seek redress on an equal footing with nationals regarding situations of non-respect of the right to equal treatment with respect to working conditions, including termination, in practice, without facing the risk of losing their residence permit.
Article 8. Maintenance of residence in the event of incapacity for work. The Committee notes with interest that section 11(1) and (2) of the Immigration Act, Chapter 156 reproduces Article 8(1) and (2) of the Convention, providing for the right of migrants for employment admitted on a permanent basis to maintain residence in the event of incapacity for work due to illness contracted or injury sustained subsequent to entry.
Statistics. The Committee notes the statistics provided by the Government, including the recent Labour Force Survey 2012 indicating that 29,951 persons were foreign born out of the total employed population of 126,722. In 2010, the number of approved temporary employment permits totalled 936, with the majority of the applications received from Guatemalans (449) and Hondurans (121). In 2011, the number of temporary employment permits totalled 568 with the majority being from United States citizens (156) and Guatemalan nationals (125). Most of the employment was in farm work. The Committee also notes that the Immigration and Nationality Department recorded the entry of 16 refugees in 2009, 25 refugees in 2010 and 20 refugees in 2011. With regard to the persons applying in 2009–11 for the qualifying certificates under the Caribbean Community (free Movement of Skilled Persons) Act, 1999, 39 certificates were issued to Belizeans and 40 certificates were issued to CARICOM nationals (15 men and 25 women) for employment in finance, education and tourism. Please continue to provide statistical data, disaggregated by sex and nationality on the number of foreign nationals employed in Belize, as well as on the number of nationals employed abroad with an indication of the country of destination and the sector of employment.

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

Migration flows. The Committee notes the statistics in the Government’s report on the labour force by nationality and sex for 2006. It also notes the Government’s statement that since 1996, the number of refugees decreased substantially and was estimated at the end of February 2008, at 358 (224 men and 134 women). The Committee also notes that between 2003 and 2007, 53 persons applied for a qualifying certificate under the Caribbean Community (Free Movement of Skilled Persons) Act, 1999, with 17 applications from men and 36 from women being approved. The Committee asks the Government to continue to provide up to date information on migration flows, including from non‑CARICOM countries, from men and women coming to and leaving Belize for the purpose of employment, and information on the sectors in which they are employed.

Articles 2 and 4 of the Convention. Provision of information and assistance. The Committee notes the Government’s statement that the Employment Agency offers free of charge training on job preparedness and customer service to jobseekers, and distributes information on job opportunities. The Government also states that migrants can access accurate information from relevant government departments on their immigration status, employment, etc., and that the Employment Agency promotes its services through media and circulars and brochures. Information targeting migrant workers in CARICOM is being distributed by the Immigration Department and Ministry of Foreign Trade. The Committee asks the Government to provide information, disaggregated by sex and nationality, on the number of migrants that have made use of the information and assistance services provided, and to indicate whether any assessment has been made on whether the information and services provided are reaching emigrants and immigrants in an effective manner.

Article 3. Misleading propaganda. The Committee notes with interest the adoption in 2003 of the Trafficking in Persons (Prohibition) Act No. 18 of 2003, which provides that temporary residency permits or other permits can be issued to victims of trafficking and any dependent children for the duration of criminal proceedings provided that the victim is willing to assist in the investigation or prosecution of traffickers (section 14). The Committee notes that pursuant to section 22(1) and (2) of the Act, public awareness programmes are being conducted through various means by a number of departments and committees, including the Anti-Trafficking in Persons Committee. The Committee asks the Government to provide information on the impact of the public awareness programmes on reducing the dissemination of false and misleading information on the migration process, including by private recruiters. Please also provide information on the measures taken to reduce the risk of women migrants being trafficked into the sex industry due to false and misleading information on job offers and conditions of work.

Article 6. Equality of treatment. The Committee notes that cases involving workers’ rights provided by the Labour Act can be filed by the worker or the labour officer with the courts. The Committee asks the Government to provide information on how labour inspection services are ensuring the enforcement of the national legislation with respect to the matters raised in Article 6(1)(a)–(d) of the Convention, as well as any cases dealt with by them, the labour department or the courts. Please also indicate whether regular migrant workers whose contracts may have been terminated can have access to the courts on an equal basis with nationals.

With respect to section 12 of the Carribean Community (Freedom of Movement of Skilled Persons) Act 1999, requiring reciprocity with respect to the application of the Act, the Committee notes the Government’s statement that the Act makes provisions for CARICOM nationals, while the Immigration Act makes provisions for the admittance of other migrant workers. The Government states that equality of treatment in working conditions and entitlements is provided for in the Labour Act and ensured to all workers in Belize. The Committee notes these clarifications but requests the Government to confirm that all regularly admitted migrants are treated equally with national workers with respect to all matters raised in Article 6(1)(a)–(d) of the Convention (conditions of work, membership of trade unions and enjoyment of benefits of collective bargaining, accommodation, social security, employment taxes, and legal proceedings) irrespective of reciprocity.

Article 8. Permanent residence. The Committee recalls section 3 of the Caribbean Community (Freedom of Movement of Skilled Persons) Act 1999 allowing definitive entry for Caribbean skilled workers. The Government states that during the reporting period no permit of a skilled worker from any CARICOM country has been revoked. The Government further states that migrants qualifying for permanent residence status are governed by the immigration Act. The Committee requests the Government to indicate the specific legal provisions or policy measures ensuring that workers, Caribbean and others, with permanent residency status cannot be returned for reasons of illness contracted or injury sustained, subsequent to entry, unless the person concerned so desires or an international agreement to which the member is a party so provides.

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 matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. Information provision. The Committee notes from the report that in 2000 there were 633 foreign nationals working in Belize under temporary employment permits, and that in 2002 the Employment Agency had referred approximately 127 Belize nationals to work in the United States. It notes that there appear to be significant differences between the numbers of migrant workers reported by the Government under this Convention and the number of migrants reported by the Government to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) in 1996 (CEDAW/C/BLZ/1-2). The Government’s 1996 report to CEDAW stated that there were an estimated 29,000 refugees in Belize at least 20 per cent of whom represented female-headed households. The report also noted that possibly one in eight young, educated Belizeans had migrated for employment in the United States. The Committee recalls that the provisions of the Convention are intended to cover refugees and displaced persons in so far as they are workers employed outside their home country (see General Survey on migrant workers, 1999, paragraph 101). The Committee would welcome information from the Government on the conditions of work and livelihood of the refugee community together with statistical data, disaggregated by sex if possible, on all foreign nationals working in Belize. It also notes that no agreements or arrangements are in place between Belize and other countries for the purpose of regulating the emigration for employment of Belizean nationals, and requests the Government to inform it in future reports of any such agreement that may be concluded (Article 10).

2. The Committee also notes the provision of a copy of the Caribbean Community (Free Movement of Skilled Persons) Act, 1999. It reiterates its request for information on the practical application of this Act, including statistical data, disaggregated by sex, on the numbers of foreign workers entering Belize who are covered by the Act.

3. Article 2 and Article 7. Free service to assist migrants. The Committee notes the establishment of employment offices reported by the Government under section 79 of the Labour Act. However, no information has been provided on the practical working of these employment services as concerns migrant workers or on the numbers of migrant workers, including refugees, accessing them. It observes that under section 81 of the Labour Act the employment offices are to give guidance and assistance to applicants for employment in respect of vocational training necessary for obtaining available employment in Belize. The Committee requests the Government to provide information on the number of migrants receiving vocational training. Noting in particular the illiteracy rate of refugee women reported in the Government’s 1996 report to CEDAW, it would welcome information from the Government on the number of migrant and refugee women benefiting from the vocational training offered by these employment offices. Please indicate whether these services are provided free of charge.

4. The Committee notes that neither the legislation nor the Government report refers to the provision of “accurate information” to migrants, in addition to employment assistance, as referred to under Article 2. Considering the numbers of young Belizeans migrating for employment, the Committee requests the Government to provide information on the application of Article 2 of the Convention.

5. The Committee also notes that the Caribbean Community (Free Movement of Skilled Persons) Act, 1999, includes no provisions on the services available to incoming migrants. It recalls that under Paragraph 2 of Recommendation No. 151 such information could include reference to vocational guidance and training, conditions of work, social security measures, welfare facilities, trade union membership, and conditions of life, including housing, education and health facilities. The Committee would welcome information from the Government as to the measures taken to provide assistance and information to Caribbean skilled migrants admitted under this Act, as well as to other migrants.

6. Article 3. Misleading propaganda. The Committee notes that Part VIII of the Labour Act regulates the recruitment of workers. Under section 68(1), recruiters must be licensed, such licences being subject to a number of conditions, and that failure to comply with these conditions can lead to their withdrawal (section 68(5)). The Committee would welcome information from the Government on the measures it is taking to ensure that recruitment agencies are not responsible for misleading propaganda in their recruitment of migrant workers for work in Belize or placement of Belizean nationals or others abroad.

7. The Committee further notes that the Government’s report to CEDAW refers to a large number of immigrant women working or trafficked into the sex sector. The Committee asks the Government to provide information on the immigrant status of these women and the extent to which they may have been victims of misleading propaganda in relation to work opportunities in Belize.

8. Article 6. Equality of treatment. The Committee notes with interest the Supreme Court decision of June 2002 upholding the principle of equality of treatment between national and non-national workers regardless of the appellant’s irregular immigration status. The Committee notes however that the applicant, at the time of the proceedings, was a naturalized citizen of Belize. It therefore asks the Government to provide information on the access of regularly admitted migrant workers to legal proceedings, especially in circumstances where a migrant’s fixed-term contract may have terminated.

9. The Committee also notes that section 12 of the Caribbean Community (Freedom of Movement of Skilled Persons) Act requires reciprocity in its application. The Committee recalls that the application of the Convention is not dependent on reciprocity (see General Survey on migrant workers, 1999, paragraph 109). The Committee asks the Government to confirm that equality of treatment is ensured in all cases for regularly admitted migrant workers.

10. Article 8. Residence rights of permanently admitted migrants and members of their family. The Committee notes from previous government reports that, under section 8A of the Labour Ordinance of 1959, permanently admitted migrants were protected from return to their country of origin where the migrant was unable to follow his or her occupation by reason of illness contracted or injury sustained subsequent to entry. As the Labour Ordinance is no longer in force, please indicate how this right is now protected. The Committee also notes that section 9 of the Caribbean Community Act provides that the permission to enter granted to skilled worker from a Caribbean Community country will not be revoked except in circumstances where the country of that national would expel a Belizean. The Committee asks the Government to provide more information on the application of this section in practice.

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

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 direct request, which read as follows:

1. Article 1 of the Convention. Information provision. The Committee notes from the report that in 2000 there were 633 foreign nationals working in Belize under temporary employment permits, and that in 2002 the Employment Agency had referred approximately 127 Belize nationals to work in the United States. It notes that there appear to be significant differences between the numbers of migrant workers reported by the Government under this Convention and the number of migrants reported by the Government to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) in 1996 (CEDAW/C/BLZ/1-2). The Government’s 1996 report to CEDAW stated that there were an estimated 29,000 refugees in Belize at least 20 per cent of whom represented female-headed households. The report also noted that possibly one in eight young, educated Belizeans had migrated for employment in the United States. The Committee recalls that the provisions of the Convention are intended to cover refugees and displaced persons in so far as they are workers employed outside their home country (see General Survey on migrant workers, 1999, paragraph 101). The Committee would welcome information from the Government on the conditions of work and livelihood of the refugee community together with statistical data, disaggregated by sex if possible, on all foreign nationals working in Belize. It also notes that no agreements or arrangements are in place between Belize and other countries for the purpose of regulating the emigration for employment of Belizean nationals, and requests the Government to inform it in future reports of any such agreement that may be concluded (Article 10).

2. The Committee also notes the provision of a copy of the Caribbean Community (Free Movement of Skilled Persons) Act, 1999. It reiterates its request for information on the practical application of this Act, including statistical data, disaggregated by sex, on the numbers of foreign workers entering Belize who are covered by the Act.

3. Article 2 and Article 7. Free service to assist migrants. The Committee notes the establishment of employment offices reported by the Government under section 79 of the Labour Act. However, no information has been provided on the practical working of these employment services as concerns migrant workers or on the numbers of migrant workers, including refugees, accessing them. It observes that under section 81 of the Labour Act the employment offices are to give guidance and assistance to applicants for employment in respect of vocational training necessary for obtaining available employment in Belize. The Committee requests the Government to provide information on the number of migrants receiving vocational training. Noting in particular the illiteracy rate of refugee women reported in the Government’s 1996 report to CEDAW, it would welcome information from the Government on the number of migrant and refugee women benefiting from the vocational training offered by these employment offices. Please indicate whether these services are provided free of charge.

4. The Committee notes that neither the legislation nor the Government report refers to the provision of “accurate information” to migrants, in addition to employment assistance, as referred to under Article 2. Considering the numbers of young Belizeans migrating for employment, the Committee requests the Government to provide information on the application of Article 2 of the Convention.

5. The Committee also notes that the Caribbean Community (Free Movement of Skilled Persons) Act, 1999, includes no provisions on the services available to incoming migrants. It recalls that under Paragraph 2 of Recommendation No. 151 such information could include reference to vocational guidance and training, conditions of work, social security measures, welfare facilities, trade union membership, and conditions of life, including housing, education and health facilities. The Committee would welcome information from the Government as to the measures taken to provide assistance and information to Caribbean skilled migrants admitted under this Act, as well as to other migrants.

6. Article 3. Misleading propaganda. The Committee notes that Part VIII of the Labour Act regulates the recruitment of workers. Under section 68(1), recruiters must be licensed, such licences being subject to a number of conditions, and that failure to comply with these conditions can lead to their withdrawal (section 68(5)). The Committee would welcome information from the Government on the measures it is taking to ensure that recruitment agencies are not responsible for misleading propaganda in their recruitment of migrant workers for work in Belize or placement of Belizean nationals or others abroad.

7. The Committee further notes that the Government’s report to CEDAW refers to a large number of immigrant women working or trafficked into the sex sector. The Committee asks the Government to provide information on the immigrant status of these women and the extent to which they may have been victims of misleading propaganda in relation to work opportunities in Belize.

8. Article 6. Equality of treatment. The Committee notes with interest the Supreme Court decision of June 2002 upholding the principle of equality of treatment between national and non-national workers regardless of the appellant’s irregular immigration status. The Committee notes however that the applicant, at the time of the proceedings, was a naturalized citizen of Belize. It therefore asks the Government to provide information on the access of regularly admitted migrant workers to legal proceedings, especially in circumstances where a migrant’s fixed-term contract may have terminated.

9. The Committee also notes that section 12 of the Caribbean Community (Freedom of Movement of Skilled Persons) Act requires reciprocity in its application. The Committee recalls that the application of the Convention is not dependent on reciprocity (see General Survey on migrant workers, 1999, paragraph 109). The Committee asks the Government to confirm that equality of treatment is ensured in all cases for regularly admitted migrant workers.

10. Article 8. Residence rights of permanently admitted migrants and members of their family. The Committee notes from previous government reports that, under section 8A of the Labour Ordinance of 1959, permanently admitted migrants were protected from return to their country of origin where the migrant was unable to follow his or her occupation by reason of illness contracted or injury sustained subsequent to entry. As the Labour Ordinance is no longer in force, please indicate how this right is now protected. The Committee also notes that section 9 of the Caribbean Community Act provides that the permission to enter granted to skilled worker from a Caribbean Community country will not be revoked except in circumstances where the country of that national would expel a Belizean. The Committee asks the Government to provide more information on the application of this section in practice.

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

1. Article 1 of the Convention. Information provision. The Committee notes from the report that in 2000 there were 633 foreign nationals working in Belize under temporary employment permits, and that in 2002 the Employment Agency had referred approximately 127 Belize nationals to work in the United States. It notes that there appear to be significant differences between the numbers of migrant workers reported by the Government under this Convention and the number of migrants reported by the Government to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) in 1996 (CEDAW/C/BLZ/1-2). The Government’s 1996 report to CEDAW stated that there were an estimated 29,000 refugees in Belize at least 20 per cent of whom represented female-headed households. The report also noted that possibly one in eight young, educated Belizeans had migrated for employment in the United States. The Committee recalls that the provisions of the Convention are intended to cover refugees and displaced persons in so far as they are workers employed outside their home country (see General Survey on migrant workers, 1999, paragraph 101). The Committee would welcome information from the Government on the conditions of work and livelihood of the refugee community together with statistical data, disaggregated by sex if possible, on all foreign nationals working in Belize. It also notes that no agreements or arrangements are in place between Belize and other countries for the purpose of regulating the emigration for employment of Belizean nationals, and requests the Government to inform it in future reports of any such agreement that may be concluded (Article 10).

2. The Committee also notes the provision of a copy of the Caribbean Community (Free Movement of Skilled Persons) Act, 1999. It reiterates its request for information on the practical application of this Act, including statistical data, disaggregated by sex, on the numbers of foreign workers entering Belize who are covered by the Act.

3. Article 2 and Article 7. Free service to assist migrants. The Committee notes the establishment of employment offices reported by the Government under section 79 of the Labour Act. However, no information has been provided on the practical working of these employment services as concerns migrant workers or on the numbers of migrant workers, including refugees, accessing them. It observes that under section 81 of the Labour Act the employment offices are to give guidance and assistance to applicants for employment in respect of vocational training necessary for obtaining available employment in Belize. The Committee requests the Government to provide information on the number of migrants receiving vocational training. Noting in particular the illiteracy rate of refugee women reported in the Government’s 1996 report to CEDAW, it would welcome information from the Government on the number of migrant and refugee women benefiting from the vocational training offered by these employment offices. Please indicate whether these services are provided free of charge.

4. The Committee notes that neither the legislation nor the Government report refers to the provision of "accurate information" to migrants, in addition to employment assistance, as referred to under Article 2. Considering the numbers of young Belizeans migrating for employment, the Committee requests the Government to provide information on the application of Article 2 of the Convention.

5. The Committee also notes that the Caribbean Community (Free Movement of Skilled Persons) Act, 1999, includes no provisions on the services available to incoming migrants. It recalls that under Paragraph 2 of Recommendation No. 151 such information could include reference to vocational guidance and training, conditions of work, social security measures, welfare facilities, trade union membership, and conditions of life, including housing, education and health facilities. The Committee would welcome information from the Government as to the measures taken to provide assistance and information to Caribbean skilled migrants admitted under this Act, as well as to other migrants.

6. Article 3. Misleading propaganda. The Committee notes that Part VIII of the Labour Act regulates the recruitment of workers. Under section 68(1), recruiters must be licensed, such licences being subject to a number of conditions, and that failure to comply with these conditions can lead to their withdrawal (section 68(5)). The Committee would welcome information from the Government on the measures it is taking to ensure that recruitment agencies are not responsible for misleading propaganda in their recruitment of migrant workers for work in Belize or placement of Belizean nationals or others abroad.

7. The Committee further notes that the Government’s report to CEDAW refers to a large number of immigrant women working or trafficked into the sex sector. The Committee asks the Government to provide information on the immigrant status of these women and the extent to which they may have been victims of misleading propaganda in relation to work opportunities in Belize.

8. Article 6. Equality of treatment. The Committee notes with interest the Supreme Court decision of June 2002 upholding the principle of equality of treatment between national and non-national workers regardless of the appellant’s irregular immigration status. The Committee notes however that the applicant, at the time of the proceedings, was a naturalized citizen of Belize. It therefore asks the Government to provide information on the access of regularly admitted migrant workers to legal proceedings, especially in circumstances where a migrant’s fixed-term contract may have terminated.

9. The Committee also notes that section 12 of the Caribbean Community (Freedom of Movement of Skilled Persons) Act requires reciprocity in its application. The Committee recalls that the application of the Convention is not dependent on reciprocity (see General Survey on migrant workers, 1999, paragraph 109). The Committee asks the Government to confirm that equality of treatment is ensured in all cases for regularly admitted migrant workers.

10. Article 8. Residence rights of permanently admitted migrants and members of their family. The Committee notes from previous government reports that, under section 8A of the Labour Ordinance of 1959, permanently admitted migrants were protected from return to their country of origin where the migrant was unable to follow his or her occupation by reason of illness contracted or injury sustained subsequent to entry. As the Labour Ordinance is no longer in force, please indicate how this right is now protected. The Committee also notes that section 9 of the Caribbean Community Act provides that the permission to enter granted to skilled worker from a Caribbean Community country will not be revoked except in circumstances where the country of that national would expel a Belizean. The Committee asks the Government to provide more information on the application of this section in practice.

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

The Committee notes that the Government’s last report does not contain any substantial information on the application of the Convention. The Committee recalls that it cannot discharge its supervisory mission with any precision without the collaboration of the national authorities. It therefore requests the Government to provide full particulars on the manner in which the Convention is applied and to supply statistical data on the number of Belize nationals working abroad and their location, as well as the origin and number of foreign nationals working in Belize.

The Committee notes the adoption of the Caribbean Community (Free Movement of Skilled Persons) Act No. 45 of 1999. The Committee requests the Government to provide a copy of the abovementioned Act and information on its application in practice.

The Committee requests the Government to provide a detailed report on each of the Articles of the Convention, in accordance with Part II of the report form.

[The Government is asked to reply in detail to the present comments in 2003.]

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