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

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

Previous observation and direct request

Article 1(1)(b) of the Convention. Additional discrimination grounds. The Committee takes note of the information provided by the Government’s report on the powers, responsibilities and priorities of the National Commission, including the examination of complaints for discrimination, and notes that, among its activities, the Government refers to the creation of the ‘Access Ability App’, which can be installed on cellphones to obtain information pertaining to employment, general matters or lodging complaints in real time. The Government adds that, in the future, the Commission will appoint inspectors who shall be empowered to investigate and recommend prosecution or any other remedy against any persons who infringe against any provision of the Persons with Disabilities Act. Finally, the Committee welcomes the ratification of the Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) on 30 November 2022. The Committee asks the Government to pursue its efforts and to provide information on the activities of the National Commission for Persons with Disabilities concerning specifically equal opportunity and treatment in access to employment and occupation and conditions of work.

Article 2. National policy and measures to promote equality of opportunity and treatment between men and women. The Committee notes that the Government does not provide any information in reply to its previous request on this point. The Committee further notes from the 2019 Labour Force Survey that, in 2018, women represented 48 per cent of the total labour force. In 2019, the labour force participation rate for women was 76.8 per cent and 85.9 per cent for men. The Committee notes from the concluding observations of the CEDAW that a draft gender policy implementation plan was being considered and would include a comprehensive strategy to address discriminatory stereotypes and harmful practices. Despite this progress, the CEDAW expressed concern over: (1) the lack of effective mechanisms, and the insufficient State-level budgetary allocations, to implement and monitor the laws relating to gender equality; (2) the limited autonomy and authority of the Department of Gender and Family Affairs to effectively carry out its mandate; (3) the limited involvement of civil society organizations in the planning and development of policies, programmes and activities relating to women’s rights; (4) the delay in adopting the draft gender policy and the draft strategic plan for the Department; (5) the persistence of deep-rooted patriarchal attitudes and discriminatory stereotypes concerning the roles and responsibilities of women and men in the family and in society, which are reflected in the insufficiency of public awareness of or debate on women’s rights and gender equality; and (6) women, in particular those belonging to disadvantaged groups, are unaware of their rights and thus lack the information necessary to claim them (CEDAW/C/BHS/CO/6, 14 November 2018, paragraphs 5, 11, 13, 15 and 21). The Committee once again asks the Government to: (i) take concrete steps to declare and pursue actively a national gender equality policy with a view to eliminating discrimination in accordance with Article 2 of the Convention, which should include not only legislative or administrative measures but also policies and action programmes, awareness-raising initiatives, and the establishment of a body specialized in promoting equality and non-discrimination; and (ii) provide information on any awareness-raising activities undertaken among women, including those belonging to disadvantaged groups, on their rights under the Convention.

Application of the Convention in practice. Enforcement. The Committee notes that significant improvements were made in labour inspections. The Government also indicates that there have not been any discrimination cases discovered. The Committee asks the Government to provide information on: (i) any practical steps taken by the Ministry of Labour to address discrimination and ensure equality in employment and occupation, including information on the enforcement and awareness-raising activities of labour inspection services; (ii) 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 (iii) the number of complaints that have been filed in recent years alleging discrimination in employment and education, and the outcome of such complaints.

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

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.

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

Article 1(1)(b). Additional discrimination grounds. The Committee welcomes the adoption, in 2014, of the Persons with Disabilities (Equal Opportunities) Act in order to provide persons with disabilities with access to equal opportunities in training and employment, thus reinforcing the provisions of sections 6 and 7 (non-discrimination of workers with disabilities) of the Employment Act, and to establish the National Commission for Persons with Disabilities. The Committee asks the Government to provide any information on the establishment and the work of the National Commission for Persons with Disabilities, specifically as regards equal opportunity and treatment in access to employment and occupation and conditions of work.

Article 2 of the Convention. National policy and measures to promote equality of opportunity and treatment between men and women. The Committee notes with concern that an amendment to add “sex” to the list of prohibited grounds of discrimination under article 26 of the Constitution was rejected by referendum on 7 June 2016. The Committee notes that, in her report of May 2018 to the United Nations Human Rights Council, the Special Rapporteur on violence against women, its causes and consequences, indicated that the national legal framework lacked “appropriate legal provisions prohibiting sex-based discrimination against women and enshrining the principle of gender equality, which thus allow[ed] discrimination against women.” She added that “because of the legal obstacles, coupled with patriarchal norms regarding the role of men, women and girls face[d] structural sex-based discrimination and physical and other forms of gender-based violence”. In this context, she indicated that it was “necessary to bring the national legal framework, including the Constitution, into line with the international framework” on human rights (A/HRC/38/47/Add.2, 25 May 2018, paragraph 69). She recommended, inter alia, that the Government: “embody the principle of equality between women and men in the Constitution or other appropriate law, including by adding sex to the list of prohibited discrimination in article 26 of the Constitution”; “repeal any laws that discriminated against women”; and “strengthen efforts to combat discriminatory gender stereotypes in society, in cooperation with women’s rights organizations” (A/HRC/38/47/Add.2, paragraph 73(d), (e) and (o)). With reference to its observation, the Committee recalls that the Employment Act of 2001 covers the ground of sex although it falls short of covering all seven prohibited grounds of discrimination mentioned in Article 1(1)(a) of the Convention. Recalling that, for the purpose of achieving the objectives of the Convention, it is essential to acknowledge that no society is free from discrimination and that continuous action is required to address it, the Committee asks the Government to take concrete steps in order to declare and pursue actively, by methods appropriate to national conditions and practice, a national gender equality policy with a view to eliminating discrimination in conformity with Article 2 of the Convention. This should include not only legislative or administrative measures but also policies and action programmes, awareness-raising initiatives, and the establishment of a body specialized in promoting equality and non-discrimination.

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

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.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the adoption of the Employment (Amendment) Act, 2012, amending the Employment Act of 2001. The Committee notes however with regret that section 6(a) of the Employment Act has not been amended to include “colour”, “national extraction” and “social origin” as prohibited grounds of discrimination. Recalling that the protection against discrimination provided for by the Convention covers at least all the grounds of discrimination set out in Article 1(1)(a), the Committee requests the Government to indicate the specific measures 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.

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, which read as follows:

Articles 2 and 3. National policy and measures to promote equality. The Committee notes the Government’s intention to submit detailed and practical information, requested by the Committee in its previous comments, on the concrete measures taken to promote equality of opportunity and treatment in employment and occupation with respect to all the grounds covered by the Convention. Taking into account the ongoing review of the Employment Act, 2001, the Committee trusts that the Government’s next report will contain full information on the application of Articles 2 and 3 of the Convention following the questions listed in Part II of the report form.

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. It also recalls that, despite the higher number of women graduating from training courses provided by the Bahamas Vocational Training Institute (BVTI), women remain concentrated in so-called typically female occupations such as cosmetology, office clerk and office systems administrator. In the absence of any further information on these points, the Committee reiterates its request to the Government to provide detailed information on the measures taken to address the segregation of men and women in various job categories, including at the higher levels and to promote women’s participation in a wider range of training courses, including those traditionally attended by men. Please also indicate, including by means of statistics disaggregated by sex, the results achieved of any measures taken to promote women’s access to a wider variety of jobs in the public and private sectors and to encourage them to take part in training courses in which men usually predominate and which have better career prospects.

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.

Parts III and IV of the report form. 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 trusts that the Government will collect and provide information on the concrete measures taken by the Ministry of Labour to promote and ensure equality in employment and occupation, including information on relevant activities by 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 indicate the number of complaints that have been filed in recent years alleging discrimination in employment and education, and the outcome of such complaints.

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

Article 1(1)(a) of the Convention. Discrimination grounds. Legislation. In its previous comments, the Committee noted that the Employment Act, 2001, which prohibits discrimination but omits the grounds of colour, national extraction and social origin, was under review. The Committee notes the Government’s indication that the Department of Labour has submitted a proposed amendment to section 6(a) of the Employment Act, 2001, so as to include “national extraction” and “social origin” as two additional prohibited grounds of discrimination. The Committee understands from the Government’s report that it considers that the ground of “colour ” is covered by the ground “race” in section 6(a). The Committee recalls that difference of colour, and also national extraction, are often linked to the ground of race in constitutional or legislative provisions adopted to prohibit discrimination. However, the Committee considers that the grounds of colour and race should not be considered to be identical, as colour differences may exist between people of the same “race” (see General Survey on the fundamental Conventions, 2012, paragraph 762). The Committee asks the Government to take the necessary steps to amend section 6(a) of the Employment Act, 2001, so as to ensure that all discrimination in employment and occupation based on the grounds of colour, national extraction and social origin is prohibited, and to provide information on the specific steps taken to this effect.

The Committee notes that Government’s report contains no reply to its previous comments on other points. It hopes that the next report will include full information on the other matters raised in its previous direct request, which read as follows:

Article 1(1)(b). Other grounds of discrimination. The Committee notes the Government’s intention to examine, in the context of the ongoing review of the Employment Act, 2001, process, if it will incorporate provisions in line with the Convention, with respect to age, HIV/AIDS status and disability. The Committee recalls that these grounds, as well as the ground of “marital status”, are presently included in sections 6 and 7 of the Employment Act, 2001, prohibiting discrimination, and hopes that these grounds will be maintained in the revised legislation. The Committee asks the Government to provide information on any developments in this regard.

Articles 2 and 3. National policy and measures to promote equality. The Committee notes the Government’s intention to submit detailed and practical information, requested by the Committee in its previous comments, on the concrete measures taken to promote equality of opportunity and treatment in employment and occupation with respect to all the grounds covered by the Convention. Taking into account the ongoing review of the Employment Act, 2001, the Committee trusts that the Government’s next report will contain full information on the application of Articles 2 and 3 of the Convention following the questions listed in Part II of the report form.

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. It also recalls that, despite the higher number of women graduating from training courses provided by the Bahamas Vocational Training Institute (BVTI), women remain concentrated in so-called typically female occupations such as cosmetology, office clerk and office systems administrator. In the absence of any further information on these points, the Committee reiterates its request to the Government to provide detailed information on the measures taken to address the segregation of men and women in various job categories, including at the higher levels and to promote women’s participation in a wider range of training courses, including those traditionally attended by men. Please also indicate, including by means of statistics disaggregated by sex, the results achieved of any measures taken to promote women’s access to a wider variety of jobs in the public and private sectors and to encourage them to take part in training courses in which men usually predominate and which have better career prospects.

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. Please also indicate whether, in the context of the review of the Employment Act, 2001, a provision is envisaged providing for such positive measures.

Parts III and IV of the report form. 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 trusts that the Government will collect and provide information on the concrete measures taken by the Ministry of Labour to promote and ensure equality in employment and occupation, including information on relevant activities by 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 indicate the number of complaints that have been filed in recent years alleging discrimination in employment and education, and the outcome of such complaints.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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(1)(a) of the Convention. The Committee, recalling that article 26 of the Constitution prohibits discrimination in law and by public officers or any public authority on certain grounds but not on the basis of sex, notes the Government’s statement that it has addressed this issue by way of legislation. The Committee further notes that the Employment Act 2001, which prohibits discrimination, but does not include the grounds of colour, national extraction and social origin, is still under review. The Committee hopes that the Government will take the necessary steps to amend section 6(a) of the Employment Act 2001 so as to ensure that all discrimination in employment and occupation based on the grounds of colour, national extraction and social origin is prohibited. It also asks the Government to indicate the specific legal provisions ensuring that workers can obtain redress for discrimination in law or by public officers or any public authority based on sex.

Article 1(1)(b). Other grounds of discrimination. The Committee notes the Government’s intention to examine, in the context of the ongoing review of the Employment Act 2001 process, if it will incorporate provisions in line with the Convention, with respect to age, HIV/AIDS status and disability. The Committee recalls that these grounds, as well as the ground of “marital status”, are presently included in sections 6 and 7 of the Employment Act of 2001 prohibiting discrimination, and hopes that these grounds will be maintained in the revised legislation. The Committee asks the Government to provide information on any developments in this regard.

Articles 2 and 3. National policy and measures to promote equality. The Committee notes the Government’s intention to submit detailed and practical information, requested by the Committee in its previous comments, on the concrete measures taken to promote equality of opportunity and treatment in employment and occupation with respect to all the grounds covered by the Convention. Taking into account the ongoing review of the Employment Act 2001, the Committee trusts that the Government’s next report will contain full information on the application of Articles 2 and 3 of the Convention following the questions listed in Part II of the report form.

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. It also recalls that, despite the higher number of women graduating from training courses provided by the Bahamas Vocational Training Institute (BVTI), women remain concentrated in so-called typically female occupations such as cosmetology, office clerk and office systems administrator. In the absence of any further information on these points, the Committee reiterates its request to the Government to provide detailed information on the measures taken to address the segregation of men and women in various job categories, including at the higher levels and to promote women’s participation in a wider range of training courses, including those traditionally attended by men. Please also indicate, including by means of statistics disaggregated by sex, the results achieved of any measures taken to promote womens access to a wider variety of jobs in the public and private sectors and to encourage them to take part in training courses in which men usually predominate and which have better career prospects.

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. Please also indicate whether, in the context of the review of the Employment Act 2001, a provision is envisaged providing for such positive measures.

Parts III and IV of the report form. 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 provide such information. The Committee trusts that the Government will collect and provide information on the concrete measures taken by the Ministry of Labour to promote and ensure equality in employment and occupation, including information on relevant activities by 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 indicate the number of complaints that have been filed in recent years alleging discrimination in employment and education, and the outcome of such complaints.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1(1)(a) of the Convention. The Committee, recalling that article 26 of the Constitution prohibits discrimination in law and by public officers or any public authority on certain grounds but not on the basis of sex, notes the Government’s statement that it has addressed this issue by way of legislation. The Committee further notes that the Employment Act 2001, which prohibits discrimination, but does not include the grounds of colour, national extraction and social origin, is still under review. The Committee hopes that the Government will take the necessary steps to amend section 6(a) of the Employment Act 2001 so as to ensure that all discrimination in employment and occupation based on the grounds of colour, national extraction and social origin is prohibited. It also asks the Government to indicate the specific legal provisions ensuring that workers can obtain redress for discrimination in law or by public officers or any public authority based on sex.

Article 1(1)(b). Other grounds of discrimination. The Committee notes the Government’s intention to examine, in the context of the ongoing review of the Employment Act 2001 process, if it will incorporate provisions in line with the Convention, with respect to age, HIV/AIDS status and disability. The Committee recalls that these grounds, as well as the ground of “marital status”, are presently included in sections 6 and 7 of the Employment Act of 2001 prohibiting discrimination, and hopes that these grounds will be maintained in the revised legislation. The Committee asks the Government to provide information on any developments in this regard.

Articles 2 and 3. National policy and measures to promote equality. The Committee notes the Government’s intention to submit detailed and practical information, requested by the Committee in its previous comments, on the concrete measures taken to promote equality of opportunity and treatment in employment and occupation with respect to all the grounds covered by the Convention. Taking into account the ongoing review of the Employment Act 2001, the Committee trusts that the Government’s next report will contain full information on the application of Articles 2 and 3 of the Convention following the questions listed in Part II of the report form.

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. It also recalls that, despite the higher number of women graduating from training courses provided by the Bahamas Vocational Training Institute (BVTI), women remain concentrated in so-called typically female occupations such as cosmetology, office clerk and office systems administrator. In the absence of any further information on these points, the Committee reiterates its request to the Government to provide detailed information on the measures taken to address the segregation of men and women in various job categories, including at the higher levels and to promote women’s participation in a wider range of training courses, including those traditionally attended by men. Please also indicate, including by means of statistics disaggregated by sex, the results achieved of any measures taken to promote women’s access to a wider variety of jobs in the public and private sectors and to encourage them to take part in training courses in which men usually predominate and which have better career prospects.

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. Please also indicate whether, in the context of the review of the Employment Act 2001, a provision is envisaged providing for such positive measures.

Parts III and IV of the report form. 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 provide such information. The Committee trusts that the Government will collect and provide information on the concrete measures taken by the Ministry of Labour to promote and ensure equality in employment and occupation, including information on relevant activities by 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 indicate the number of complaints that have been filed in recent years alleging discrimination in employment and education, and the outcome of such complaints.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1(a) of the Convention. Coverage of the laws. The Committee recalls its previous comments in which it noted that article 26 of the Constitution prohibits discrimination in law and by public officers or any public authority on the basis of race, place of origin, political opinion, colour, or creed, but not on the basis of sex. Also, the fact that no protection from discrimination on the basis of sex was available under article 26 of the Constitution could prevent workers from applying to the Supreme Court for protection from discrimination on the basis of sex (article 28). The Committee also noted that section 6 of the Employment Act, 2001, which covers both public and private sector employment, prohibits discrimination on the basis of, among other grounds, race, creed, sex and political opinion, but not national extraction, colour and social origin, which are listed in Article 1(1)(a) of the Convention. The Committee asks the Government to clarify in its next report whether “place of origin” referred to in article 26 of the Constitution also covers “national extraction” and “social origin”, and to indicate which mechanisms exist for workers to obtain redress for discrimination based on sex in law or by public officers or any public authority. The Government is also asked to consider amending the Employment Act of 2001 to prohibit discrimination in employment and occupation on the grounds of colour, national extraction and social origin, and to keep the Committee informed of steps taken in this regard.

2. Article 1(1)(b). Other grounds of discrimination. The Committee notes that section 6 of the Employment Act prohibits discrimination on the basis of marital status, age and HIV/AIDS. Section 6 applies also to “disabled employees unless the employer can show that the job requirements relied on as a ground for hiring the disabled person at a lesser rate of pay are reasonable or the disabled person cannot be accommodated without due hardship” (section 7). The Committee asks the Government to provide information on the practical application of sections 6 and 7 of the Employment Act of 2001 with respect to the grounds of age, HIV/AIDS, marital status and disability.

3. Articles 2 and 3. National policy and measures to promote equality. The Committee recalls the Government’s indication in its first report that the national policy designed to promote equality of opportunity and treatment in employment and occupation was reflected in the Constitution as well as in section 6 of the Employment Act. In addition, the Government had also indicated that access to vocational training in public high schools was free of charge and that the Bahamas Technical and Vocational Institute (BTVI) offered training for a minimal fee. In the absence of any further information in the Government’s report on this point, the Committee reiterates its request to the Government to provide detailed and practical information on the concrete measures taken to promote equality of opportunity and treatment on all the grounds listed in the Convention, following the questions listed in Part II of the report form regarding Articles 2 and 3 of the Convention. This information should highlight, inter alia, practical measures taken to ensure equality in employment in the public sector, to promote employment equality through education, training and awareness raising, and any cooperation with employers’ and workers’ organizations undertaken in this regard.

4. Equality between men and women in employment. The Committee notes the statistics of 2005 on the “employed persons in the hotel industry by occupation, sex, average hours worked and average wage per week – All Bahamas”, attached to the Government’s report on the Equal Remuneration Convention, 1951 (No. 100). The statistics show that while men and women are more or less equally distributed in the higher occupational category of senior officials and managers (52.1 per cent and 47.1 per cent respectively), some occupational segregation appears to exist with respect to the type of posts in which they are employed. Occupations for senior officials and managers where men predominate appear to be of higher status and more highly paid. Also, 69.5 per cent of the highly paid “managers not elsewhere classified” are men. Men and women appear to be more evenly distributed amongst professionals although some occupational segregation does exist within this category. In the lower category occupations, women are predominantly employed in occupations such as technicians and associated professionals (67.9 per cent) as well as clerks (66.5 per cent), and men as skilled agriculture and fisheries workers, and craft and related trades workers. For occupational categories where men and women are more or less equally divided such as service shop and market sales workers, plant and machine operators assemblers as well as elementary occupations, occupational segregation of men and women is clearly evident with women often concentrated in so-called typically female occupations. The Committee asks the Government to indicate in its next report the measures taken, and the results achieved, to address the vertical and horizontal occupational segregation of men and women in the various job categories. The Committee also asks the Government to continue to provide statistics disaggregated by sex on the position of men and women in the labour market, both the private and public sectors, indicating their participation in the different sectors and occupations, as well as levels of responsibility.

5. Equality between men and women with respect to access to education and vocational training. The Committee notes the statistics disaggregated by sex attached to the Government’s report on Convention No. 100 on the number of college graduates in the different programmes and the number of graduates in the BTVI for the years 2005–06, as well as the results of the standard examinations in secondary education (2006). The Committee notes from these statistics the higher number of women graduates participating in these programmes, especially in the business and computer science programmes. With regard to the statistics of the BTVI, the Committee, however, notes that despite the higher number of women graduates (108 women as compared to 47 men) women are still concentrated in so-called typically female occupations such as cosmetology, office clerk and office systems administrator. The Committee asks the Government to continue to provide statistical information on the participation of men and women in the different disciplines of vocational training and education, as well as to indicate the measures taken to encourage women to participate in training courses in which men traditionally predominate and which may have better career options.

6. Article 5. Special measures. The Committee refers to its previous comments in which it noted that the wording of 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 groups protected under the Convention. The Government is invited once again to further elaborate on the meaning of this constitutional provision and to indicate whether it has or intends to rely on it, for example in order to take positive measures to promote women’s employment, as appropriate.

7. Parts III and IV of the report form. The Committee notes that the Government has omitted to provide further details on the manner in which the Ministry of Labour, the Industrial Tribunal and the courts are enforcing the application of the laws. The Committee, therefore, reiterates its request to the Government to provide information on the concrete measures taken by the Ministry of Labour to promote and ensure equality in the workplace, including information on relevant activities by labour inspection services and the public labour employment exchange services. Please also provide any relevant decision 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 indicate the number of complaints that have been filed in recent years alleging discrimination in employment and education, and the outcome of such complaints.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with regret that the Government’s brief report does not reply to any of the matters raised in the Committee’s previous comment. The Committee hopes that the Government will be able to provide full information in its next report on the points from its previous direct request, which read as follows:

1. Article 1 of the Convention. Coverage of the laws. The Committee notes that article 26 of the Constitution prohibits discrimination by law and acts by public officers and authorities on the basis of race, place of origin, political opinion, colour or creed, but not on the basis of sex. It also notes section 6 of the Employment Act, 2001, pursuant to which no employer or person acting on behalf of an employer shall discriminate against an employee or an applicant for employment on the basis of race, creed, sex, marital status, political opinion, age or HIV/AIDS. Section 6 applies also to “disabled employees unless the employer can show that the job requirements relied on as a ground for hiring the disabled person at a lesser rate of pay are reasonable or the disabled person cannot be accommodated without due hardship” (section 7). The Committee notes that no protection from discrimination on the basis of sex is available under article 26 of the Constitution, which may prevent workers from applying to the Supreme Court for protection from discrimination on the basis of sex (article 28). In the absence of information of other mechanisms by which workers may obtain redress for discrimination, the Committee requests information on mechanisms available in this regard. The Committee also invites the Government to indicate the manner in which the Convention is applied with regard to the prohibited ground of social origin and national extraction, which are listed in Article 1(1)(a) of the Convention. Please also indicate whether the Government has made or wishes to make use of Article 1(1)(b) of the Convention with regard to the grounds of age, HIV/AIDS status and disability, which are prohibited grounds of discrimination under the legislation.

2. Articles 2 and 3. National policy and measures to promote equality. The Committee notes the Government’s indication that the national policy designed to promote equality of opportunity and treatment in employment and occupation was declared in the Constitution as well as section 6 of the Employment Act. In addition, the Government has indicated that access to vocational training in public high schools was free of charge and that the Bahamas Technical and Vocational Institute (BTVI) offered training for a minimal fee. While noting this information, the Committee requests the Government to provide more detailed and practical information on the concrete measures taken to promote equality of opportunity and treatment on all the grounds listed in the Convention, following the questions listed in Part II of the report form regarding Articles 2 and 3 of the Convention. This information should highlight, inter alia, practical measures taken to ensure equality in employment in the public sector, to promote employment equality through education, training and awareness raising, and any cooperation with employers’ and workers’ organizations undertaken in this regard. Please also provide statistical information on the position of men and women in the labour market, both the private and public sectors, indicating their participation in the different sectors and occupations, as well as levels of responsibility. With regard to vocational training, please provide information on the participation of men and women in the different disciplines of training and education.

3. Article 5. Special measures. The Committee notes the statement by the Government that no special measures in accordance with this Article have been taken. However, the Committee notes that the maternity protection provided under the Employment Act, in fact, constitutes a special measure in line with Article 5 of the Convention. The Committee also notes that the wording of section 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 groups protected under the Convention. The Government is invited to further elaborate on the meaning of this constitutional provision and to indicate whether it intends to rely on it, e.g. in order to take positive measures to promote women’s employment, as appropriate.

4. Parts III and IV of the report form. The Committee notes that the application of laws related to the Convention is entrusted to the Ministry of Labour, the Industrial Tribunal and the other courts. In this regard, the Committee would appreciate information on the concrete measures taken by the Ministry of Labour to promote and ensure equality in the workplace, including information on relevant activities by labour inspection services and the Public Labour Employment Exchange Services. Please also provide any relevant decision of the Industrial Tribunal or the courts with regard to equality in employment and occupation, particularly decision involving section 6 of the Employment Act, and indicate the number of complaints that have been filed in recent years alleging discrimination in employment and education, and how they have been dealt with.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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 reads as follows:

The Committee notes the Government’s first report and requests the Government to provide further information in its next report on the following points.

1. Article 1 of the Convention. Coverage of the laws. The Committee notes that article 26 of the Constitution prohibits discrimination by law and acts by public officers and authorities on the basis of race, place of origin, political opinion, colour or creed, but not on the basis of sex. It also notes section 6 of the Employment Act, 2001, pursuant to which no employer or person acting on behalf of an employer shall discriminate against an employee or an applicant for employment on the basis of race, creed, sex, marital status, political opinion, age or HIV/AIDS. Section 6 applies also to "disabled employees unless the employer can show that the job requirements relied on as a ground for hiring the disabled person at a lesser rate of pay are reasonable or the disabled person cannot be accommodated without due hardship" (section 7). The Committee notes that no protection from discrimination on the basis of sex is available under article 26 of the Constitution, which may prevent workers from applying to the Supreme Court for protection from discrimination on the basis of sex (article 28). In the absence of information of other mechanisms by which workers may obtain redress for discrimination, the Committee requests information on mechanisms available in this regard. The Committee also invites the Government to indicate the manner in which the Convention is applied with regard to the prohibited ground of social origin and national extraction, which are listed in Article 1(1)(a) of the Convention. Please also indicate whether the Government has made or wishes to make use of Article 1(1)(b) of the Convention with regard to the grounds of age, HIV/AIDS status and disability, which are prohibited grounds of discrimination under the legislation.

2. Articles 2 and 3. National policy and measures to promote equality. The Committee notes the Government’s indication that the national policy designed to promote equality of opportunity and treatment in employment and occupation was declared in the Constitution as well as section 6 of the Employment Act. In addition, the Government has indicated that access to vocational training in public high schools was free of charge and that the Bahamas Technical and Vocational Institute (BTVI) offered training for a minimal fee. While noting this information, the Committee requests the Government to provide more detailed and practical information on the concrete measures taken to promote equality of opportunity and treatment on all the grounds listed in the Convention, following the questions listed in Part II of the report form regarding Articles 2 and 3 of the Convention. This information should highlight, inter alia, practical measures taken to ensure equality in employment in the public sector, to promote employment equality through education, training and awareness raising, and any cooperation with employers’ and workers’ organizations undertaken in this regard. Please also provide statistical information on the position of men and women in the labour market, both the private and public sectors, indicating their participation in the different sectors and occupations, as well as levels of responsibility. With regard to vocational training, please provide information on the participation of men and women in the different disciplines of training and education.

3. Article 5. Special measures. The Committee notes the statement by the Government that no special measures in accordance with this Article have been taken. However, the Committee notes that the maternity protection provided under the Employment Act, in fact, constitutes a special measure in line with Article 5 of the Convention. The Committee also notes that the wording of section 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 groups protected under the Convention. The Government is invited to further elaborate on the meaning of this constitutional provision and to indicate whether it intends to rely on it, e.g. in order to take positive measures to promote women’s employment, as appropriate.

4. Parts III and IV of the report form. The Committee notes that the application of laws related to the Convention is entrusted to the Ministry of Labour, the Industrial Tribunal and the other courts. In this regard, the Committee would appreciate information on the concrete measures taken by the Ministry of Labour to promote and ensure equality in the workplace, including information on relevant activities by labour inspection services and the Public Labour Employment Exchange Services. Please also provide any relevant decision of the Industrial Tribunal or the courts with regard to equality in employment and occupation, particularly decision involving section 6 of the Employment Act, and indicate the number of complaints that have been filed in recent years alleging discrimination in employment and education, and how they have been dealt with.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report and requests the Government to provide further information in its next report on the following points.

1. Article 1 of the Convention. Coverage of the laws. The Committee notes that article 26 of the Constitution prohibits discrimination by law and acts by public officers and authorities on the basis of race, place of origin, political opinion, colour or creed, but not on the basis of sex. It also notes section 6 of the Employment Act, 2001, pursuant to which no employer or person acting on behalf of an employer shall discriminate against an employee or an applicant for employment on the basis of race, creed, sex, marital status, political opinion, age or HIV/AIDS. Section 6 applies also to "disabled employees unless the employer can show that the job requirements relied on as a ground for hiring the disabled person at a lesser rate of pay are reasonable or the disabled person cannot be accommodated without due hardship" (section 7). The Committee notes that no protection from discrimination on the basis of sex is available under article 26 of the Constitution, which may prevent workers from applying to the Supreme Court for protection from discrimination on the basis of sex (article 28). In the absence of information of other mechanisms by which workers may obtain redress for discrimination, the Committee requests information on mechanisms available in this regard. The Committee also invites the Government to indicate the manner in which the Convention is applied with regard to the prohibited ground of social origin and national extraction, which are listed in Article 1(1)(a) of the Convention. Please also indicate whether the Government has made or wishes to make use of Article 1(1)(b) of the Convention with regard to the grounds of age, HIV/AIDS status and disability, which are prohibited grounds of discrimination under the legislation.

2. Articles 2 and 3. National policy and measures to promote equality. The Committee notes the Government’s indication that the national policy designed to promote equality of opportunity and treatment in employment and occupation was declared in the Constitution as well as section 6 of the Employment Act. In addition, the Government has indicated that access to vocational training in public high schools was free of charge and that the Bahamas Technical and Vocational Institute (BTVI) offered training for a minimal fee. While noting this information, the Committee requests the Government to provide more detailed and practical information on the concrete measures taken to promote equality of opportunity and treatment on all the grounds listed in the Convention, following the questions listed in Part II of the report form regarding Articles 2 and 3 of the Convention. This information should highlight, inter alia, practical measures taken to ensure equality in employment in the public sector, to promote employment equality through education, training and awareness raising, and any cooperation with employers’ and workers’ organizations undertaken in this regard. Please also provide statistical information on the position of men and women in the labour market, both the private and public sectors, indicating their participation in the different sectors and occupations, as well as levels of responsibility. With regard to vocational training, please provide information on the participation of men and women in the different disciplines of training and education.

3. Article 5. Special measures. The Committee notes the statement by the Government that no special measures in accordance with this Article have been taken. However, the Committee notes that the maternity protection provided under the Employment Act, in fact, constitutes a special measure in line with Article 5 of the Convention. The Committee also notes that the wording of section 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 groups protected under the Convention. The Government is invited to further elaborate on the meaning of this constitutional provision and to indicate whether it intends to rely on it, e.g. in order to take positive measures to promote women’s employment, as appropriate.

4. Parts III and IV of the report form. The Committee notes that the application of laws related to the Convention is entrusted to the Ministry of Labour, the Industrial Tribunal and the other courts. In this regard, the Committee would appreciate information on the concrete measures taken by the Ministry of Labour to promote and ensure equality in the workplace, including information on relevant activities by labour inspection services and the Public Labour Employment Exchange Services. Please also provide any relevant decision of the Industrial Tribunal or the courts with regard to equality in employment and occupation, particularly decision involving section 6 of the Employment Act, and indicate the number of complaints that have been filed in recent years alleging discrimination in employment and education, and how they have been dealt with.