Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Bahamas (Ratification: 2001)

Article 1(1)(a) of the Convention. Discrimination grounds. Legislation. The Committee recalls that, in its previous comment, it noted that section 6(a) of the Employment Act of 2001 had not been amended to include “colour”, “national extraction” and “social origin” as prohibited grounds of discrimination and asked the Government to identify the specific steps taken to ensure protection against discrimination on the basis of the above-mentioned grounds in practice. The Employment Act was amended in April 2017 by the Employment (Amendment) Act (No. 5 of 2017). The Committee notes with concern that the Government did not take this opportunity to amend section 6(a) of the Act. Recalling that where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention, the Committee asks the Government to amend the Employment Act of 2001 accordingly. In the meantime, it asks the Government to provide information on the specific steps taken to ensure protection against direct and indirect discrimination in employment and occupation, in practice, on the basis of the grounds of colour, national extraction and social origin, and to provide a copy of any judicial decision to this effect.

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee recalls its previous comments noting the occupational segregation of men and women, including in the higher occupational category of senior officials and managers. The Government’s report is silent on this point. However, the Committee notes the information provided by the Government to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its sixth periodic report, according to which there remains marked occupational segregation not only in terms of employment but also in education. According to data from the Department of Statistics, in 2015, women dominated sectors such as hotels and restaurants; financing, insurance, real estate and other business; and community, social and personal services; but represented 6 per cent or less of workers in construction or agriculture, hunting, forestry and fisheries. In its report to CEDAW, the Government indicated that the percentage of women who graduated in 2015 from the College of the Bahamas in the fields of sciences (11.78 per cent), law (5.79 per cent), engineering (0.20 per cent) or agriculture (0 per cent) were significantly low. Similarly, among graduates from the Bahamas Technical and Vocational Institute (BTVI), women were overwhelmingly represented in certain sectors (100 per cent in cosmetology, fashion design production, aesthetics; and 83 per cent among office assistants) and not at all in sectors leading to higher-paying occupations such as construction technology; information technology management or support; auto mechanics; electronics and cable installation; heating, ventilation and air conditioning; or plumbing (CEDAW/C/BHS/6, 26 May 2017, paragraphs 93, 94 and 101). The Committee observes that the above information confirms that, despite the increasing number of women graduating, they remain concentrated in so-called typically female occupations. The Committee reiterates its request to the Government to provide detailed information on the measures taken to address the occupational segregation of men and women and to promote women’s participation in a wider range of training courses, including those traditionally undertaken by men. The Government is also asked to indicate, including by means of statistics disaggregated by sex, the results achieved by the adoption of any measures to promote women’s access to a wider variety of jobs which have better career prospects in the public and private sectors.

The Committee notes with concern that the Government’s report contains no reply to some of its previous comments. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2010, on the following points:

Article 5. Special measures. The Committee recalls that article 26(4)(d) of the Constitution, by referring to the “special circumstances” of the persons protected from discrimination, would appear to allow for the taking of positive measures in favour of those covered by the Convention. The Committee notes the Government’s indication that it is committed to taking the necessary measures to ensure compliance with the Convention pending further review of the Employment Act, 2001, though it does not elaborate on the meaning of this constitutional provision, as requested by the Committee. The Committee therefore reiterates its request to the Government to indicate whether it has or intends to rely on article 26(4)(d) of the Constitution in order to take positive measures to promote the employment of women or certain disadvantaged groups.

Application of the Convention in practice. The Committee notes that the Government’s report still does not contain any information regarding the questions raised in Parts III and IV of the report form, but that the Government expresses its commitment to providing such information. The Committee asks the Government to collect and provide information on the concrete steps taken by the Ministry of Labour to promote and ensure equality in employment and occupation, including information on the relevant activities of labour inspection services and the public labour employment exchange services. Please also provide any relevant decisions of the Industrial Tribunal or the courts with regard to equality in employment and occupation, particularly decisions involving section 6 of the Employment Act and state the number of complaints that have been filed in recent years alleging discrimination in employment and education, and the outcome of such complaints.

The Committee is raising other matters in a request addressed directly to the Government.