Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Bahamas (Ratification: 2001)

The Committee notes the Government’s indication in its report that there have been no changes as regards the application of the Convention and that the information requested is not available. Under these conditions, the Committee is bound to reiterate its previous comments.

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations. The Committee hopes that the Industrial Relations Act (IRA) will be amended in the near future so as to formally and expressly recognize the right to organize of prison staff.

Right of workers and employers to establish organizations without previous authorization. In its previous comments, the Committee noted that, under section 8(1)(e) of the IRA, beyond consideration of the specific requirements for registration, the Registrar shall refuse to register a trade union if he considers that the union should not be registered. Moreover, according to section 1 of the Schedule of the IRA, in applying the rules for the registration of trade unions, the Registrar shall exercise his discretion. The Committee requests the Government to take the necessary measures to amend section 8(1)(e) so as to ensure that broad discretionary power is no longer conferred upon the Registrar in relation to the registration of trade unions or employers’ organizations.

Article 3. Right of workers’ and employers’ organizations to draw up their constitutions and rules and to elect their representatives in full freedom. In its previous comments, the Committee noted that section 20(2) of the IRA, under the terms of which a secret ballot for election or removal of trade union officers and for the amendment of the constitution of trade unions shall be held under the supervision of the Registrar or a designated officer, is contrary to the Convention. The Committee hopes that specific measures will be taken for the amendment of section 20(2) of the IRA with a view to ensuring that trade unions can conduct ballots without interference from the authorities.

Article 5. Right to affiliate to an international federation or confederation. The Committee requests the Government to take measures to repeal section 39 on the control of foreign connections of trade unions and federations, under the terms of which it shall not be lawful for a trade union to be a member of any body constituted or organized outside the Bahamas without a licence from the minister, who has discretionary power to grant or refuse it and/or to accompany it with certain conditions.

The Committee trusts that the Government will provide information in its next report on any measure adopted or proposed in relation to the matters raised above. The Committee reminds the Government that, if it so wishes, it may have recourse to the technical assistance of the Office.

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