Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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

1.  In its General Survey of 1999 on migrant workers, the Committee noted that the extent, nature and direction of international labour migration had undergone profound changes since the adoption of the Convention (see paragraphs 5-17 of the General Survey). Noting that for several years it has received no detailed report containing up-to-date information on all subjects covered by the Convention, the Committee would be grateful if the Government would indicate how current trends in migration flows have affected the content and implementation of its national emigration and immigration policy and legislation. It asks the Government to provide a copy of any new laws or regulations together with up-to-date information on the emigration and immigration policy, in response to the questions set out in the report form for the Convention.

2.  The Committee notes that the Government is in the process of incorporating in its draft Employment Act legal and administrative provisions expressly prohibiting all discrimination against migrant workers or persons residing unlawfully in the Bahamas, particularly as regards remuneration. It therefore asks the Government to keep it informed of the enactment of the above bill and to provide a copy of the version finally adopted.

3.  Recalling that, under Article 6, paragraph 1, of the Convention, a migrant worker lawfully in the territory of a country that has ratified the Convention is entitled to treatment no less favourable than that applied to the country’s nationals in respect of remuneration and also of trade union rights, accommodation, taxes, social security and access to the justice system, the Committee asks the Government to provide information on the implementation in practice of its policy of equal treatment between national workers and migrant workers in all the matters enumerated above. Stressing that, under paragraph 1 of this Article, every State which has ratified this Convention undertakes to apply its policy of equal treatment between national workers and foreign workers without distinction as to nationality, race, religion or sex, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that women migrant workers are treated on an equal footing with their male counterparts, foreign or otherwise, in regard to the matters listed in subparagraphs (a) to (d) of Article 6, paragraph 1, in view of the growing feminization of labour migration (see paragraphs 20-23 and 658 of the abovementioned General Survey).

4.  Article 8.  This provision was among the most frequently cited by governments as being difficult to apply, at the time of the General Survey (see paragraphs 600-608 of the General Survey). The Committee would therefore ask the Government to provide information on how, in practice, the right to residence of migrant workers admitted on a permanent basis is maintained in the event of incapacity for work.