Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Previous comment

Article 1(1)(a) of the Convention. Grounds of discrimination. Legislation. The Committee takes note of the Government’s statement, in its report, that the National Tripartite Council and the Department of Labour are reviewing the Employment Act with the hope of prohibiting discrimination on the basis of all the grounds specified in Article 1(1)(a). However, the Committee notes with concern that the Government has been referring to its intent to amend the law to this effect since 2012 and that no improvement has been reached so far to include “colour”, “national extraction” and “social origin” in the list of prohibited grounds of discrimination. The Committee recalls 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. In view of the above, the Committee urges the Government to amend the Employment Act of 2001 accordingly so as to include the grounds of “colour”, “national extraction” and “social origin”. In the meantime, it asks the Government to provide: (i) 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 above grounds; and (ii) a copy of any judicial decision relating to cases of discrimination in employment and occupation.

Discrimination based on sex. Sexual harassment. The Committee welcomes the ratification, by the Government, of the Violence and Harassment Convention, 2019 (No. 190) in November 2022. The Committee further notes that, according to section 26 of the Sexual Offences Act 2010, is guilty of the offence of sexual harassment: (1) a prospective employer who importunes or solicits sexual favours from another person; (2) any person in a position of authority over, or being a co-worker of, another person in any place of employment and who importunes or solicits sexual favours from that person; or (3) any person who importunes or solicits from a person in a position of authority any benefit or advantage against the promise of sexual favours. The Committee recalls that criminal provisions are not completely adequate in discrimination cases because, inter alia, they do not always provide a remedy to the victim and are very unlikely to cover all forms of conduct that amount to sexual harassment (see the 2012 General Survey on the fundamental Conventions, paragraph 792). The Committee requests the Government to ensure that the above-mentioned amendment of the Employment Act will also include provisions: (i) defining and prohibiting sexual harassment at work in all its forms (quid pro quo and hostile environment), in relation to all aspects of employment; (ii) covering all workers in all economic sectors; and (iii) envisaging the adoption and implementation of prevention measures and complaint, investigation and penalty mechanisms at the enterprise level. In the meantime, the Committee requests the Government to provide information on: (i) the number, nature and outcome of complaints filed on the basis of section 26 of the Sexual Offences Act 2010, and the penalties imposed; and (ii) any preventive and awareness-raising measures implemented, in cooperation with the employers’ and workers’ organizations, to combat sexual harassment in employment and occupation.

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee notes that the Government indicates that the Department of Labour is developing a Gender Unit under the guidance of the Organization of American States, geared towards fostering awareness of employment inequalities and encouraging employers to create safe working environments for all employees. The Committee further notes the Government’s indication that it has created an International Labour Relations Unit, dedicated to liaising with international bodies to ensure awareness of all issues relative to persons in the world of work, including gender, and that this creates the framework to ensure that the gender divide in traditionally male jobs is lessened. The Committee notes that no further information is provided: (1) to indicate how it is addressing occupational segregation between men and women in practice, including through the activities of the International Labour Relations Unit; and (2) in reply to its previous requests. It notes, from the 2019 Labour Force Survey, the persisting occupational segregation in the country: 510 women and 18,790 men working in the construction sector; 22,860 women and 16,855 men working in hospitality sector, and 6,290 women and 12,300 men working on transport, storage and communication. The Committee therefore reiterates its request to the Government to: (i) 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; and (ii) 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.

Article 5. Special measures. In the absence of information provided by the Government in this regard, the Committee reiterates its request that it indicate whether it has taken or intends to take positive measures pursuant to article 26(4)(d) of the Constitution, to promote the employment of women or certain disadvantaged groups and to provide information on any measures adopted in this regard.

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