Migration for Employment Convention (Revised), 1949 (No. 97) - Bahamas (RATIFICATION: 1976)

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In view of the short report sent by the Government, the Committee notes with concern that the questions raised previously about measures to combat misleading propaganda, equality of treatment, maintenance of residence in the event of incapacity for work and statistics on migration flows have not been addressed since 2013. The Committee reiterates that without the necessary information, it is not in a position to fully assess the effective implementation of the Convention, or any progress achieved since its ratification in 1976. The Committee firmly hopes that the next report will contain full information on the points described below.

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the Government’s indication, in its report, that all legislation concerning the Convention was previously submitted and that no legislative amendments were made to the Constitution, the Immigration Act Chapter 191, the Employment Act 2001 Chapter 321A, the Employment Act (Amended) 2017, and the National Insurance Act Chapter 350. The Committee notes that, once again, the Government refers in a very general manner to the existing legislation without providing further details on how current trends in migration flows have affected the contents and implementation of its national immigration and emigration policy and legislation. The Committee once again recalls that under Article 1 of the Convention, ratifying States undertake to make available on request information on national policies, laws and regulations relating to emigration and immigration; on special provisions concerning migration for employment and the conditions of work and livelihood of migrants for employment as well as general agreements and special arrangements concluded on these questions. The Committee therefore reiterates its request to the Government to: (i) indicate for each of the Articles of the Convention and questions set out in the report form, the relevant provisions of the legislation, as well as any other policy measures taken or envisaged, taking into account current trends in international migration; and (ii) provide information on the working and living conditions of male and female migrant workers.

Article 3. Measures to combat misleading propaganda. Noting that the Government’s report contains no information on this matter, the Committee again asks the Government to indicate the steps taken to protect migrant workers from any misleading propaganda and advertising, including information on any infringements detected and sanctions imposed.

Article 6. Equality of treatment. The Committee notes that the Government does not provide information on this point. It notes, from the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), that the Government has failed to eliminate discrimination in the country, notably intersecting forms of discrimination, including against women of Haitian descent and migrant women (CEDAW/C/BHS/CO/6, 14 November 2018, paragraph 11). The Committee asks the Government to: (i) take practical measures to ensure that male and female migrant workers are treated on an equal footing with nationals with regard to conditions of work, trade union rights, accommodation, taxes, social security and access to the justice system; and (ii) provide information on the measures taken or envisaged to this end. The Committee also reiterates its request to the Government to provide information on: (i) the activities of the Department of Gender and Family Affairs to address issues of equal treatment regarding the protection of women migrant workers; and (ii) any measures adopted with respect to Haitian migrant workers.

Article 8. Maintenance of residence in the event of incapacity for work. The Committee once again requests the Government to clarify whether sections 17 and 18 of the Immigration Act, relating to the revocation of a permanent residence certificate, apply in case of a migrant worker who is permanently admitted and who is unable to follow his or her occupation by reason of illness contracted or injury sustained subsequent to entry into the country.

Statistics on migration flows. The Committee notes, that the Government does not provide any statistics on migration flows, and that the most recent data available is from the 2010 Census Migration Report, in which it is indicated that the immigration population represents 18.4 per cent of the total population and recent immigrants account for almost half (45 per cent) of total immigrants. The Committee requests the Government to: (i) actively seek, collect and analyse statistical data, disaggregated by sex and nationality, on the number of migrant workers in the Bahamas and of Bahamian workers seeking employment abroad; and (ii) provide this information.

[ The Government is asked to reply in full to the present comments in 2025. ]

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes that the Government provides no substantive information on the existing legislation or immigration and emigration policies. The Committee recalls that under Article 1 of the Convention, ratifying States undertake to make available on request information on national policies, laws and regulations relating to emigration and immigration; on special provisions concerning migration for employment and the conditions of work and livelihood of migrants for employment as well as general agreements and special arrangements concluded on these questions. The Committee again asks the Government to indicate for each of the Articles of the Convention and questions set out in the report form, the relevant provisions of the legislation and administrative regulations, as well as any other policy measures taken or envisaged, taking into account current trends in international migration. The Government is also requested to provide information on the working and living conditions of male and female migrant workers.

Article 3. Measures to combat misleading propaganda. The Committee asks the Government to indicate the steps taken to protect migrant workers from any misleading propaganda and advertising, including information on sanctions and infringements.

Article 6. Equality of treatment. Noting that the Government’s report contains no information on this matter, the Committee requests the Government to supply information on the practical application of the Employment Act and the Industrial Relations Act, 2001 with regard to migrant workers, as well as on any practical measures taken to ensure that male and female migrant workers are treated on an equal footing with nationals with regard to conditions of work, trade union rights, accommodation, taxes, social security and access to the justice system. The Committee further requests the Government to provide information on the activities of the women’s desk to address issues of equal treatment regarding protection of women migrant workers. Noting that according to the International Organization for Migration between 20,000 and 50,000 Haitian migrant workers are in the country, the Committee requests the Government to provide information on any measures adopted with respect to this specific group of migrant workers.

Article 8. Maintenance of residence in the event of incapacity for work. The Committee notes that according to section 17 of the Immigration Act “a permanent residence certificate shall remain in force during the lifetime of the person to whom it is granted, unless it is revoked under section 18”. The Committee further notes that section 18(j) provides for the possibility of revoking the permanent residence certificate on the ground that the person to whom it was granted “has failed to observe any condition to which the certificate was made subject”. The Committee requests the Government to indicate whether these provisions apply in case of a migrant worker who is permanently admitted and who is unable to follow his or her occupation by reason of illness contracted or injury sustained subsequent to entry into the country.

Statistics on migration flows. The Committee notes the abundant statistics provided by the Government concerning social security, educational attainment, employment and occupation rates as well as wages. The Committee notes, however, that these statistics do not refer to national origin of workers. The Committee encourages the Government to actively seek, collect and analyse statistical data, disaggregated by sex and nationality, on the number of migrant workers in the Bahamas, and of Bahamian workers seeking employment abroad and to provide such information with its next report.

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Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes that the Government provides no substantive information on the existing legislation or immigration and emigration policies. The Committee recalls that under Article 1 of the Convention, ratifying States undertake to make available on request information on national policies, laws and regulations relating to emigration and immigration; on special provisions concerning migration for employment and the conditions of work and livelihood of migrants for employment as well as general agreements and special arrangements concluded on these questions. The Committee again asks the Government to indicate for each of the Articles of the Convention and questions set out in the report form, the relevant provisions of the legislation and administrative regulations, as well as any other policy measures taken or envisaged, taking into account current trends in international migration. The Government is also requested to provide information on the working and living conditions of male and female migrant workers.

Article 3. Measures to combat misleading propaganda. The Committee asks the Government to indicate the steps taken to protect migrant workers from any misleading propaganda and advertising, including information on sanctions and infringements.

Article 6. Equality of treatment. Noting that the Government’s report contains no information on this matter, the Committee requests the Government to supply information on the practical application of the Employment Act and the Industrial Relations Act, 2001 with regard to migrant workers, as well as on any practical measures taken to ensure that male and female migrant workers are treated on an equal footing with nationals with regard to conditions of work, trade union rights, accommodation, taxes, social security and access to the justice system. The Committee further requests the Government to provide information on the activities of the women’s desk to address issues of equal treatment regarding protection of women migrant workers. Noting that according to the International Organization for Migration between 20,000 and 50,000 Haitian migrant workers are in the country, the Committee requests the Government to provide information on any measures adopted with respect to this specific group of migrant workers.

Article 8. Maintenance of residence in the event of incapacity for work. The Committee notes that according to section 17 of the Immigration Act “a permanent residence certificate shall remain in force during the lifetime of the person to whom it is granted, unless it is revoked under section 18”. The Committee further notes that section 18(j) provides for the possibility of revoking the permanent residence certificate on the ground that the person to whom it was granted “has failed to observe any condition to which the certificate was made subject”. The Committee requests the Government to indicate whether these provisions apply in case of a migrant worker who is permanently admitted and who is unable to follow his or her occupation by reason of illness contracted or injury sustained subsequent to entry into the country.

Statistics on migration flows. The Committee notes the abundant statistics provided by the Government concerning social security, educational attainment, employment and occupation rates as well as wages. The Committee notes, however, that these statistics do not refer to national origin of workers. The Committee encourages the Government to actively seek, collect and analyse statistical data, disaggregated by sex and nationality, on the number of migrant workers in the Bahamas, and of Bahamian workers seeking employment abroad and to provide such information with its next report.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee recalls its previous comments relating to the profound changes in the extent and nature of international labour migration since the adoption of the Convention. The Committee notes that the Government’s report refers in a very general manner to the existing legislation without providing further details on how current trends in migration flows have affected the contents and implementation of its national immigration and emigration policy and legislation. Such information is needed in order to address the progress made towards achieving the objectives of the Convention. The Committee asks the Government to indicate for each of the Articles of the Convention and questions set out in the report form, the relevant provisions of the legislation and administrative regulations, as well as any other policy measures taken or envisaged, taking into account current trends in international migration. The Government is also requested to provide information on the working and living conditions of male and female migrant workers, as well as statistical information on migration flows, disaggregated by sex, origin and sectors of employment.

Article 3. Measures to combat misleading propaganda. The Committee would be grateful if the Government could indicate in its next report the steps taken to protect migrant workers from any misleading propaganda and advertising, including information on sanctions and infringements.

Article 6. Equality of treatment. The Committee notes the Government’s statement that section 3(1) of the Employment Act, 2001, as well as the Industrial Relations Act, 2001, reflects that foreign workers are treated equally with nationals workers and are entitled to the same protection. The Committee notes that the Employment Act, 2001, applies to nationals and foreign workers. It notes that section 6 prohibits discrimination on the basis of race, creed, sex, marital status, political opinion, age or HIV/AIDS (section 6), but not nationality or migratory status in contrast to what the Government had indicated in its previous report. The Committee notes that section 19 of the Industrial Relations Act 2001 provides that employment policies should include positive manner “to avoid discrimination on grounds of race, place of origin, political opinions, sex, colour or creed”. The Committee asks the Government to indicate whether it has any intention to provide legal protection against discrimination on the basis of nationality with regard to the matters listed in Article 6(1)(a)–(d). The Government is further requested to supply information on the practical application of the Employment Act and the Industrial Relations Act, 2001, with regard to migrant workers, as well as on any practical measures taken to ensure that male and female migrant workers are treated on an equal footing with nationals with regard to conditions of work, trade union rights, accommodation, taxes, social security and access to the justice system. Noting further that the Ministry of Social Services has put in place a women’s desk to address issues of equal treatment, the Committee asks the Government to provide information on the activities of this desk to ensure that women migrant workers benefit on an equal footing with their male counterparts from the protection offered by the Convention.

Article 8. Maintenance of residence in the case of incapacity for work. The Committee notes the Government’s statement that, once a worker and the members of his or her family who have been authorized to accompany or join him or her on a permanent residency basis are considered residents of the Bahamas, they cannot be returned to their country of origin in case of incapacity for work. The Committee asks the Government to specify in its next report how in practice this right to residence of permanent migrant workers and their families is maintained in the event of incapacity for work.

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1. Article 1 of the Convention. Information on national policies, laws and regulations. The Committee recalls its previous comments relating to the profound changes in the extent and nature of international labour migration since the adoption of the Convention. The Committee notes that the Government’s report refers in a very general manner to the existing legislation without providing further details on how current trends in migration flows have affected the contents and implementation of its national immigration and emigration policy and legislation. Such information is needed in order to address the progress made towards achieving the objectives of the Convention. The Committee asks the Government to indicate for each of the Articles of the Convention and questions set out in the report form, the relevant provisions of the legislation and administrative regulations, as well as any other policy measures taken or envisaged, taking into account current trends in international migration. The Government is also requested to provide information on the working and living conditions of male and female migrant workers, as well as statistical information on migration flows, disaggregated by sex, origin and sectors of employment.

2. Article 3. Measures to combat misleading propaganda. The Committee would be grateful if the Government could indicate in its next report the steps taken to protect migrant workers from any misleading propaganda and advertising, including information on sanctions and infringements.

3. Article 6. Equality of treatment. The Committee notes the Government’s statement that section 3(1) of the Employment Act, 2001, as well as the Industrial Relations Act, 2001, reflects that foreign workers are treated equally with nationals workers and are entitled to the same protection. The Committee notes that the Employment Act, 2001, applies to nationals and foreign workers. It notes that section 6 prohibits discrimination on the basis of race, creed, sex, marital status, political opinion, age or HIV/AIDS (section 6), but not nationality or migratory status in contrast to what the Government had indicated in its previous report. The Committee notes that section 19 of the Industrial Relations Act 2001 provides that employment policies should include positive manner “to avoid discrimination on grounds of race, place of origin, political opinions, sex, colour or creed”. The Committee asks the Government to indicate whether it has any intention to provide legal protection against discrimination on the basis of nationality with regard to the matters listed in Article 6(1)(a)–(d). The Government is further requested to supply information on the practical application of the Employment Act and the Industrial Relations Act, 2001, with regard to migrant workers, as well as on any practical measures taken to ensure that male and female migrant workers are treated on an equal footing with nationals with regard to conditions of work, trade union rights, accommodation, taxes, social security and access to the justice system. Noting further that the Ministry of Social Services has put in place a women’s desk to address issues of equal treatment, the Committee asks the Government to provide information on the activities of this desk to ensure that women migrant workers benefit on an equal footing with their male counterparts from the protection offered by the Convention.

4. Article 8. Maintenance of residence in the case of incapacity for work. The Committee notes the Government’s statement that, once a worker and the members of his or her family who have been authorized to accompany or join him or her on a permanent residency basis are considered residents of the Bahamas, they cannot be returned to their country of origin in case of incapacity for work. The Committee asks the Government to specify in its next report how in practice this right to residence of permanent migrant workers and their families is maintained in the event of incapacity for work.

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1.  In its General Survey of 1999 on migrant workers, the Committee noted that the extent, nature and direction of international labour migration had undergone profound changes since the adoption of the Convention (see paragraphs 5-17 of the General Survey). Noting that for several years it has received no detailed report containing up-to-date information on all subjects covered by the Convention, the Committee would be grateful if the Government would indicate how current trends in migration flows have affected the content and implementation of its national emigration and immigration policy and legislation. It asks the Government to provide a copy of any new laws or regulations together with up-to-date information on the emigration and immigration policy, in response to the questions set out in the report form for the Convention.

2.  The Committee notes that the Government is in the process of incorporating in its draft Employment Act legal and administrative provisions expressly prohibiting all discrimination against migrant workers or persons residing unlawfully in the Bahamas, particularly as regards remuneration. It therefore asks the Government to keep it informed of the enactment of the above bill and to provide a copy of the version finally adopted.

3.  Recalling that, under Article 6, paragraph 1, of the Convention, a migrant worker lawfully in the territory of a country that has ratified the Convention is entitled to treatment no less favourable than that applied to the country’s nationals in respect of remuneration and also of trade union rights, accommodation, taxes, social security and access to the justice system, the Committee asks the Government to provide information on the implementation in practice of its policy of equal treatment between national workers and migrant workers in all the matters enumerated above. Stressing that, under paragraph 1 of this Article, every State which has ratified this Convention undertakes to apply its policy of equal treatment between national workers and foreign workers without distinction as to nationality, race, religion or sex, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that women migrant workers are treated on an equal footing with their male counterparts, foreign or otherwise, in regard to the matters listed in subparagraphs (a) to (d) of Article 6, paragraph 1, in view of the growing feminization of labour migration (see paragraphs 20-23 and 658 of the abovementioned General Survey).

4.  Article 8.  This provision was among the most frequently cited by governments as being difficult to apply, at the time of the General Survey (see paragraphs 600-608 of the General Survey). The Committee would therefore ask the Government to provide information on how, in practice, the right to residence of migrant workers admitted on a permanent basis is maintained in the event of incapacity for work.