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

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. ]