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

Convention (n° 100) sur l'égalité de rémunération, 1951 - Belize (Ratification: 1999)

The Committee notes with deep concern that the Government’s report, due since 2012, 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.

Gender pay gap. Private sector. The Committee recalls that: (1) according to the last labour force survey (2012), men constituted the larger part of the labour force at 80,294 compared with 46,428 women, and men generally earned more than women; and (2) by virtue of Statutory Instruments Nos 55 and 56 of 2012, the minimum wage increased from 3.1 Belize dollars (BZD) per hour to BZD3.3 per hour. The Committee again asks the Government to indicate the specific measures taken or envisaged to address the gender pay gap, including the measures to increase women participation in the labour force and their representation in middle and higher income levels, and the results achieved. The Committee also requests the Government to indicate also whether any labour market survey has been undertaken since 2012, as well as any revision of the Statutory Instruments Nos 55 and 56 of 2012.

Public sector. The Committee recalled that, according to the latest information provided by the Government, there was a significant gender imbalance in the composition of the police force and members of the defence force, which is not the case for public officers. In the absence of any recent information in that regard, the Committee asks the Government to provide updated information on the prevailing pay scales and the corresponding grades and posts, including the list of occupational categories and the pay scales for public officers, in particular police officers and members of the defence force, disaggregated by sex. It also asks the Government to indicate the concrete measures taken or envisaged to increase the participation of women at all levels of the police and the defence force, including any awareness-raising activities to combat stereotypes regarding women’s aspirations, preferences and capabilities.

Article 1(a) of the Convention. Equal remuneration. The Committee recalls that, according to the Widows’ and Children’s Pension Act of 1976, only male public officers contribute to the Children’s Pension Fund, and therefore the pension is paid only to their wives and children under the age of 16 and those children pursuing full-time education. The Committee also recalls that the Ministry of Labour had indicated that it had undertaken consultations with the Labour Advisory Board (LAB), which is comprised of representatives from employers’ and workers’ organizations, to amend the Widow’s and Children’s Pension Act to ensure that women and men are treated equally with respect to the opportunity to contribute to the pension scheme and to be entitled to the benefits under the Act. The Committee notes that the Widows’ and Children’s Pension Act was revised in 2000. However, it notes with regret that still only male public officers contribute to the Children’s Pension Fund as a “public officer” means a male person serving, whether on probation or not, in the public service on pensionable terms (interpretation section). It also notes that the Government did not seize the opportunity of the revision of the Act to phrase its provisions in a gender-neutral language to avoid any discrimination based on the sex or gender of the worker concerned. The Committee asks the Government to take steps, in consultation with the Labour Advisory Board, to amend or repeal the Widow’s and Children’s Pension Act to ensure that both men and women civil servants contribute to the pension fund and have access to its benefits on an equal footing.

Articles 1(b) and 2. Equal remuneration for men and women for work of equal value. Legislation. The Committee recalls that section 3(1) of the Equal Pay Act of 2003 refers to “equal pay for equal work”, which is narrower than the principle of equal remuneration for work of “equal value” enshrined in Article 1(b) of the Convention, and that section 2(1) of the Act states that equal remuneration between men and women is limited to work involving similar duties, conditions, qualifications, skills, effort, etc. which does not encompass the concept of “equal value”. The Committee also recalls that the LAB had proposed amendments to extend the application of the Equal Pay Act to cover claims for equal pay for work of equal value. The Committee notes that the Equal Pay Act Chapter 302:01 was revised in 2011. It notes with regret that despite such revision section 3(1) of the Act remained unchanged It also notes that the Labour Act of 2011 does not contain any provision reflecting the principle of equal remuneration for work of equal value. The Committee further notes that according to the 2013 National Gender Policy: “the passage of legislation on Equal Pay for Work of Equal Value also requires special strategies to ensure its effective implementation in Belize. Thus far, no precedents have been established as no cases have been legally challenged” (page 29). The Committee recalls that the concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, as it permits a broad scope of comparison, including, but going beyond, equal remuneration for “equal” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see General Survey on the fundamental Conventions, 2012, paragraph 673). The Committee asks the Government to engage with the Labour Advisory Board to revise the Equal Pay Act of 2003, as well as the Labour Act of 2011, with a view to giving full legislative expression to the principle of equal remuneration for men and women for work of equal ‘value’, and to provide information on the progress made in this regard. The Committee also asks the Government to provide information on the impact of the measures adopted to implement the 2013 National Gender Policy with respect to the progress achieved toward the realization of the principle of the Convention.

Articles 3 and 4. Objective job evaluation. Cooperation with employers’ and workers’ organizations. The Committee asks the Government to provide information on any measures taken or envisaged to implement an objective job evaluation method in the public sector and promote its use in the private sector. It also asks the Government to provide information on the activities of the Labour Advisory Board, in relation to the effective application of the principle of equal remuneration for men and women for work of equal ‘value’.

Enforcement. Labour inspection. Recalling the important role of labour inspectors in ensuring the application of the principle of equal remuneration for men and women for work of equal ‘value’, the Committee requests the Government to take the necessary steps to build the capacity of labour inspectors to identify discrimination and inequalities relating to pay for men and women workers and to offer advice on the most effective ways to put an end to such discrimination and inequalities. The Committee requests the Government to provide information on any labour inspection activities carried out specifically in this sphere.