Belize - 2012

Population: 312,000
Capital: Belmopan

Although fundamental trade union rights are recognised by law, the legislation allows the government to submit a dispute to 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
to prevent or stop 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
. Trade union activists were dismissed in a number of companies. Measures to limit the exercise of 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
rights persisted.

Unions remain totally absent from the export processing zones. Forced or compulsory labour, although prohibited by law, still exists and mainly affects East Indians. Migrants, victims of people trafficking for labour exploitation, are being forced to work in local factories under exploitative conditions.

reported violations - 2012

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

The Belizean economy is small and highly dependent on agricultural products such as sugarcane, citrus fruits, bananas and seafood. Tourism has become another key source of hard currency earnings over recent years. Poverty is rising and now affects some 40% of the population. Unemployment is close to 12%. The minimum wage does not provide workers with a decent standard of living for themselves and their families.

The levels of violence and drug trafficking continue to be the biggest challenges facing the authorities. The neighbouring countries also suffer from the high level of drug trafficking, which is the source of most of the money laundered. Prime Minister Dean Barrow is trying, with unclear results, to combat organised crime and drug trafficking, to restore confidence in public servants and institutions, and to improve living standards in the country.

Trade union rights in law

While the law guarantees basic trade union rights, there are a number of shortcomings. Workers are free to form and join trade unions and to elect their representatives. As regards 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

, in addition to protection against acts of discrimination and interference by employers, as of 2011 the law also established the right to reinstatement in the event of dismissal for union activities, as well as fair compensation.

Although 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, the law stipulates that 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 workers’ votes. In the case of 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 law 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
or 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
. The list of 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
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.

In practice

Legislation not applied: Forced or compulsory labour, although prohibited by law, still exists, and mainly affects East Indians. Chinese migrants, victims of people trafficking for labour exploitation, are being forced to work in local factories under exploitative conditions.
No unions in export processing zones: 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 in the world of work. The unemployment rate among women is an estimated 18.6%, while the rate for men is 8.4%. Women’s pay is only around 52% of that received by men, and they tend to be more concentrated in low paid and low skilled jobs.

Violations

Social security employees hold a stoppage:

On 14 February 2011, over 60% of Belize’s Social Security Board employees, members of the Christian Workers’ Union, held a stoppage, declaring that they were ill. The stoppage was held in response to the obstacles being raised by the Belizean Social Security Board (SSB) to block the conclusion of a new collective agreement. According to Antonio González, president of the Christian Workers’ Union, the 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
was motivated by the employees’ frustration and the managements’ attitude. In October 2010, the union had presented various revised proposals for the negotiations on the new collective agreement but received no reply from the administration. The only response received from the management was a document, dated 18 January 2011, stating that the bargaining process was being halted.

The union sent the Labour Minister 21 days’ notice of its intention 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
. According to Merlene Bailey Martínez, chief executive officer of the SSB, the 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
held on 14 February slowed operations but the management managed to cover the critical areas needed to attend to clients. She said that the reasonable aspects of the union’s proposals would be examined, maintaining that the management has to ensure that a balance is struck between the internal and external stakeholders, to reach a solution that is satisfactory to both.

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