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

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

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.