Belize - 2011

Population:
Capital: Belmopan
Trade unionists face discrimination in the banana plantations and export processing zones, where companies totally forbid unions. Women workers do not receive equal pay and are faced with high levels of unemployment.

reported violations - 2011

Murders: none reported
Attempted Murders: none reported
Threats: none reported
Injuries: none reported
Arrests: none reported
Imprisonments: none reported
Dismissals: none reported
Documented violations - actual number of cases may be higher

Background

Belize is considered to be a stable country, although it is not without its economic and societal problems. The next elections are not until 2013, but the political parties are already gearing up for them. The country is regularly hit by natural disasters and the situation in their aftermath leads to workers’ and trade union interests being sidelined by the government. Child prostitution is a major cause for concern. The government showed no evidence of any progress in eradicating human trafficking and legally combating the traffickers. The mistreatment of migrants on the border with Mexico is a nationwide concern. It has, indeed, been recognised that there is a responsibility with regard to migrants that cross the border and are exposed to precarious employment, human rights violations and attacks.

Trade union rights in law

While the law guarantees basic trade union rights, there are some shortcomings. Workers are free to establish and join trade unions, and members are free to elect officers from their membership. However, foreigners are not allowed to hold union leadership posts. While the law prohibits anti-union discrimination anti-union discrimination Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.

See Guide to the ITUC international trade union rights framework

, it does not provide for reinstatement in the case of dismissal for union activities. The fines imposed on companies for anti-union discrimination anti-union discrimination Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.

See Guide to the ITUC international trade union rights framework

are also extremely low.

The right to collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
is recognised, however under the Trade Unions’ and Employers’ Organisations Act, a union can only be certified as a bargaining agent bargaining agent A workers’ representative authorised to bargain collectively on behalf of workers in a bargaining unit.

See collective bargaining
if it receives 51% of the votes of the workers. Furthermore, the Settlement of Disputes in Essential Services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.

See Guide to the ITUC international trade union rights framework
Act empowers the authorities to prohibit or terminate a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in “essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.

See Guide to the ITUC international trade union rights framework
”, the list of which exceeds the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
definition, as well as to refer a dispute to compulsory arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation
.

In practice

Legislation not applied: The labour legislation applies to the country’s 63 export processing zones (EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. ) but, in practice, employers constantly prohibit the formation of unions and refuse to recognise them. As a result, there are no unions in the EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. s.
Rights-free zones: Banana production has long been an economic area characterised not only by inhumane and appalling working conditions but also the systematic violation of workers’ fundamental rights, such as the right to organise, to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
and to collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
. The same applies to the export processing zones (EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. ), where any attempt to organise is crushed by dismissing the workers trying to do so.
Women deprived of labour rights: Poor application of the labour laws results in Belizean women facing inequalities and discrimination at work. The unemployment rate among women is 18.6%, while the rate for men is 8.4%. Women’s pay is only 52% of that received by men, and they tend to be more concentrated in low paid and low skilled jobs.
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