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

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

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes that the Government provides no substantive information on the existing legislation or immigration and emigration policies. The Committee 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 again asks the Government to indicate for each of the Articles of the Convention and questions set out in the report form, the relevant provisions of the legislation and administrative regulations, as well as any other policy measures taken or envisaged, taking into account current trends in international migration. The Government is also requested to provide information on the working and living conditions of male and female migrant workers.

Article 3. Measures to combat misleading propaganda. The Committee asks the Government to indicate the steps taken to protect migrant workers from any misleading propaganda and advertising, including information on sanctions and infringements.

Article 6. Equality of treatment. Noting that the Government’s report contains no information on this matter, the Committee requests the Government to supply information on the practical application of the Employment Act and the Industrial Relations Act, 2001 with regard to migrant workers, as well as on any practical measures taken 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. The Committee further requests the Government to provide information on the activities of the women’s desk to address issues of equal treatment regarding protection of women migrant workers. Noting that according to the International Organization for Migration between 20,000 and 50,000 Haitian migrant workers are in the country, the Committee requests the Government to provide information on any measures adopted with respect to this specific group of migrant workers.

Article 8. Maintenance of residence in the event of incapacity for work. The Committee notes that according to section 17 of the Immigration Act “a permanent residence certificate shall remain in force during the lifetime of the person to whom it is granted, unless it is revoked under section 18”. The Committee further notes that section 18(j) provides for the possibility of revoking the permanent residence certificate on the ground that the person to whom it was granted “has failed to observe any condition to which the certificate was made subject”. The Committee requests the Government to indicate whether these provisions 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 the abundant statistics provided by the Government concerning social security, educational attainment, employment and occupation rates as well as wages. The Committee notes, however, that these statistics do not refer to national origin of workers. The Committee encourages the Government to 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 to provide such information with its next report.