Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Belize (Ratification: 2000)

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that the Trafficking in Persons (Prohibition) Act of 2003 criminalized the trafficking of children for labour and commercial sexual exploitation, and provided for sanctions of imprisonment for up to five years for the offenders.

While reiterating its concern at the absence of a Government report, the Committee takes due note of the adoption in 2013 of a new Trafficking in Persons (Prohibition) Act, which repeals the Act of 2011. Section 11 (2) of the 2013 Trafficking in Persons (Prohibition) Act increases the sanction for trafficking of children (persons under 18 years) to 12 years of imprisonment. The Committee also notes that section 9 (3) of the Commercial Sexual Exploitation of Children (Prohibition) Act, 2013 spells out aggravating circumstances in the commission of trafficking of children for commercial sexual exploitation which involve the application of more stringent sanctions for the offenders. These include situations when the child suffers a permanent or life-threatening bodily injury, or dies as result of the trafficking. The Committee notes that in its 2018 concluding observations for Belize, the Human Rights Committee of the United Nations reiterated its concern at the prevalence of trafficking of children for the purposes of economic and sexual exploitation (CCPR/C/BLZ/CO/1/Add.1 paragraph 37). While taking note of the new legislation increasing penalties for the offence of trafficking of children, the Committee requests the Government to continue its efforts to ensure thorough investigations and prosecutions of persons who engage in the trafficking of children for commercial and sexual exploitation. In this regard, the Committee requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied under section 11(2) of the 2013 Trafficking in Persons (Prohibition) Act.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted the absence of national legislation prohibiting the use, procuring or offering of a child for the commission of illicit activities, including the production and trafficking of drugs. The Committee notes the absence of information on the adoption of legislation in this respect. Therefore, the Committee once again requests the Government to take the necessary measures to ensure the prohibition of the use, procuring or offering of children under 18 years of age for illicit activities, including for the production and trafficking of drugs. The Committee requests the Government to provide information on any progress made in this regard.

Article 5. Monitoring mechanisms. The Committee notes the establishment of the Anti-Trafficking in Persons Council (ATIP’s Council), under section 5 of the 2013 Trafficking in Persons (Prohibition) Act, as an inter-institutional organ in charge of coordinating the implementation of that Act and formulating policies to prevent and suppress trafficking of persons, including children. The Committee notes that according to the Government’s national report to the Human Rights Council of the United Nations, the ATIP’s Council conducts training to relevant officials and stakeholders on the identification of victims of human trafficking and provides information to the public regarding the commercial sexual exploitation of children (A/HRC/W/G.6/31/BLZ/1 paragraph 81). The Committee requests the Government to provide detailed information on the activities carried out by the ATIP’s Council to monitor the trafficking of children for labour and commercial sexual exploitation. The Committee also requests the Government to provide information on other mechanisms established to monitor other worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes from the Government’s report to the Human Rights Council that the National Child Labour Committee of the Labour Department was working together with 13 Government Ministries to implement a National Child Labour Policy (A/HRC/W/G.6/31/BLZ/1 paragraph 79). The Committee requests the Government to provide information on the measures taken or envisaged, within the framework of the National Child Labour Policy, aimed at eliminating the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clauses (a) and (c). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes from the 2018 Government’s report to the Human Rights Council that, in the period 2016-2017, the dropout rate for primary education stood at 0.7 per cent, whereas the dropout rate for secondary education stood at 6.8 per cent. In this regard, the Committee notes that an Early Identification Program was developed and piloted in selected schools to sensitize school administrators and teachers to the warning signs of potentially at-risk primary school children and put in place support mechanisms. The Committee also notes from the Government’s report to the Human Rights Council that a High School Subsidy Grant has been put in place to support students at secondary school level identified as having academic or socioeconomic needs. All students from Toledo and Stann Creek Districts, where the incidence of poverty is higher, can benefit from this subsidy. In addition, a conditional cash transfer program called Building Opportunities for our Social Transformation (BOOST) has been implemented to discourage child labour by requiring regular school attendance as a condition for cash disbursement. (A/HRC/W/G.6/31/BLZ/1 paragraphs 58, 59 and 80). The Committee further notes that, according to UNESCO, in 2019, the net enrolment rate for primary education (5 to 10 years of age) stood at 95.7 per cent and for secondary education (11 to 16 years of age) at 71.3 per cent. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue its efforts to ensure that all children have access to free basic education. In this respect, the Committee requests the Government to provide information on the measures adopted and the results achieved in this regard, including the number of children who have benefited from the High School Subsidy Grant.