Observation (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Belize (Ratification: 1983)

Articles 1 and 3 of the Convention. Protection against acts of anti-union discrimination. In its previous comments, the Committee requested statistics concerning the anti-union discrimination acts reported to the authorities in the banana plantation sector and in export processing zones. The Committee notes the Government’s indication that no such acts were denounced to the authorities in either of these sectors during the reporting period (July 2021 to November 2024). It also notes the Government’s continued monitoring of these sectors through inspection and sensitization of workers to their rights through distribution of pamphlets, labour education sessions at workplaces and webinars. While it takes due note of the information provided regarding the conduct of these initiatives, the Committee requests the Government to take all the necessary measures to ensure that Belizean workers are fully informed of their rights with respect to anti-union discrimination. The Committee requests the Government to provide information on any developments in this regard and to continue reporting on any statistics concerning the anti-union discrimination acts reported to the authorities.

Article 4. Promotion of collective bargaining. In its previous comments under the Collective Bargaining Convention, 1981 (No. 154), the Committee raised the need to amend section 25 of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act (TUEOA), which provides that the tripartite body entrusted with the certification of the representative trade unions may, before granting any certification to a trade union, include additional employees to the bargaining unit, or exclude some employees therefrom in order to render the unit more appropriate. The Committee notes that the Government indicates that no amendments have been made to the TUEOA and reports that a tripartite body commenced reviewing it, in October 2023, which proposes to amalgamate the Trade Unions Act and the TUEOA. The Government also states that previous comments raised by the Committee were being discussed during this review process. Taking note of the above, the Committee once again requests the Government to take the necessary measures to ensure that objective and pre-established criteria for the certification of the representative trade unions are provided under the new legislation. The Committee requests the Government to provide information of any progress made in this regard and to provide a copy of the text once adopted.

The Committee previously also requested the Government to bring section 27(2) of the TUEOA, which stipulates that a trade union may be certified as the bargaining agent if it is supported by at least 51 per cent of employees, into conformity with the Convention. As previously stated, the Government reports that no amendments have been made to the TUEOA, but that the reviewing process by the tripartite body started in October 2023. The Committee recalls that the requirement of too high a percentage for representativity to be authorized to engage in collective bargaining may hamper the promotion and development of free and voluntary collective bargaining within the meaning of the Convention (see 2012 General Survey on the fundamental Conventions, para. 233). The Committee notes the Government’s indication that eight collective agreements were concluded between 2020 and 2023. The Committee observes that seven of these agreements covered 1,106 workers in total, while the number of workers covered by the eighth agreement varies due to seasonal employment. The Committee recalls that it considers that the very low coverage of collective agreements in the country could appear to be related to the restrictive requirements to engage in collective bargaining contained in the legislation. In this regard, the Committee also recalls that under a system of the designation of an exclusive bargaining agent, if no union represents the required percentage of workers to be declared the exclusive bargaining agent, minority trade unions should be able to negotiate, jointly or separately, at least on behalf of their own members. The Committee urges the Government to take the necessary measures, within the framework of the discussions led by the tripartite body, to bring the TUEOA into line with the Convention with respect to the representativity of bargaining agents. The Committee requests the Government to provide information on any developments in this regard and reminds it of the possibility to avail itself of ILO technical assistance.

Promotion of collective bargaining in practice. As mentioned above, the Committee notes that the Government reports that eight collective agreements were signed between 2020 and 2023. These agreements cover the energy, port, communications, food, banking, and social security sectors. TheCommittee requests the Government to continue providing information on the number of collective agreements signed and in force in the country, the sectors concerned, and the number of workers covered by these agreements, and to report on any measures taken to promote the full development and utilization of collective bargaining under the Convention.