Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

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.