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

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

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.