Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Bahamas (Ratification: 1976)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Practical application of the Convention. The Committee notes that, between 1 and 3 September 2019, Hurricane Dorian, a Category 5 storm, struck Abaco and Grand Bahama. It notes that, according to the joint UN/ECLAC/IADB/PAHO/WHO report, Assessment of the Effects and Impacts of Hurricane Dorian in the Bahamas, the storm resulted in hundreds of persons dead or missing, and caused US$3.4 billion in damages, equivalent to over a quarter of the Country’s GDP. The hurricane severely affected the infrastructure, equipment, medical supplies and electrical and water supply on Abaco and Grand Bahama, severely affecting the capacity of the healthcare delivery system. Damage to facilities and assets associated with water and sanitation are estimated at $14.8 million, and widespread damage to education facilities is estimated at $72 million. The Committee requests the Government to provide information on measures taken or envisaged in these exceptionally difficult circumstances to promote the well being and development of the population and the improvement of standards of living (Parts I and II).

Articles 1 and 2 of the Convention. Migrant workers. Education and training. The Government refers to its previous report and indicates that the National Training Agency (NTA) provides on-the-job training to young people with the aim of providing them with marketable employment skills. The Government adds that hundreds of persons have graduated since the inception of the NTA’s activities. Additionally, the NTA is placing greater focus on the maritime sector, training and preparing potential seafarers. With respect to the well-being of the population and social and economic development, the Committee notes the willingness and the commitment of the Government to provide free tertiary education to Bahamians. The Committee invites the Government to provide updated detailed information, including statistical data disaggregated by age, sex, and economic sectors, on the NTA’s activities and its impact, particularly on its graduates’ access to lasting employment. The Government is also requested to provide updated information on the steps taken to provide free tertiary education to Bahamians.

Articles 4(e) and 5. Promotion of cooperatives. Improvement of living standards. The Government reports that two initiatives are being taken to improve the standards and quality of living in the Bahamas in general. The first, the “Shanty Town Action Task Force”, focuses on the eradication of derelict and substandard living conditions within the Bahamas. The Government has begun demolition of derelict structures, while taking care of the needs of the former residents of those dwellings. The “Shanty Town Action Task Force” is reported to have conducted a survey on ten Shanty Towns in the New Providence area. At the same time, a Building Assessment took place, involving 19 inspectors over a period of three weeks. A two-step process was put in place to inform the residents, protecting the rights of legal occupants of the buildings and prevent unauthorized building. In parallel, the Government launched an Economic Empowerment Plan to improve living conditions and promote the well-being and development of the population. In order to foster economic and social development, the Government is contemplating to implement incentives to residential properties, commercial and industrial undertakings. This will take the form of exemption from real property taxes, exemptions from customs duties related to construction, equipping and completing buildings and structures for a period, exemptions from excise taxes, and exemptions from stamp tax imposed on real property, in defined empowerment zones and for a defined period of time. In this respect, the Government refers to the Economic Empowerment Zones Bill, 2018. The Committee requests the Government to provide a copy of the Bill once it is adopted, and to provide information on progress made in developing a policy and legal framework favourable to cooperatives. It also reiterates its previous request that the Government communicate information on measures taken to improve the standards of living of workers in the informal economy.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 1 and 2 of the Convention. Migrant workers. Education and training. The Committee notes that the Government indicates in its report that the National Training Agency (NTA) organized several initiatives aiming to provide on-the-job training to young people in order to equip them with marketable employment skills. It adds that the NTA’s initiatives and ongoing work are designed to enhance educational employment and socio-economic opportunities, facilitate the progressive development of education, vocational training and apprenticeship with a view to the preparation of children and young persons of both sexes for useful occupation and, ultimately, improve standards of living. Moreover, the Committee also notes the documentation provided on the migrant population and its employment situation. The Committee requests the Government to continue to provide information on labour migration and the education and training strategy. Please also indicate the manner in which the provisions of the Convention calling for “all policies” to be “primarily directed to the well-being and development of the population” have been regarded as the principal objective in the planning of economic development.

Articles 4(e) and 5. Promotion of cooperatives. Conditions to improve living standards. The Government indicates that efforts to enhance the oversight, efficiency and stability of financial cooperative credit unions are ongoing. Stakeholders are currently assisting with the process of finalizing draft legislation to the effect of assigning supervisory and regulatory responsibility for these institutions to the Central Bank of The Bahamas. The Committee requests the Government to continue to provide information on the manner in which a policy and legal framework favourable to cooperatives is being developed in the country. It also requests the Government to report on the improvement of standards of living for workers in the informal economy.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which reads as follows:

Repetition

1. Parts III and IV of the Convention. Migrant workers. Education and training. In the report received in March 2008 in reply to the Committee’s 2005 direct request, the Government only states that it will provide, in its next report, information dealing with migrant workers and education and training including updated data illustrating that the improvement of standards of living has been considered in the planning of economic development. The Committee asks the Government to provide information on labour migration and its education and training strategy. It also reiterates the importance of providing a report containing accurate information on the manner in which the provisions of Articles 1 and 2 of Convention No. 117 calling for “all policies” to be “primarily directed to the well-being and development of the population” have been regarded as the principal objective in the planning of economic development.

2. Promotion of cooperatives. The Committee notes with interest the information provided by the Government on the Co-operative Societies Act and its Regulations which provide, among other things, for the registration of cooperatives, set forth criteria for membership, provide for the expulsion of non-abiding cooperatives, specify that loans can be granted to members of cooperatives and set up the preparation of annual accounts and reports. The Department of Cooperatives is monitoring cooperatives and thereby promoting the improvement of standards of living for workers in the informal economy as well as in the formal economy. The Committee would welcome receiving further information on the manner in which a policy and legal framework favourable to cooperatives is being provided in the country. It also asks the Government to continue to report on the improvement of standards of living for workers in the informal economy (Articles 4(e) and 5 of the Convention).

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

1. Parts III and IV of the Convention. Migrant workers. Education and training. In the report received in March 2008 in reply to the Committee’s 2005 direct request, the Government only states that it will provide, in its next report, information dealing with migrant workers and education and training including updated data illustrating that the improvement of standards of living has been considered in the planning of economic development. The Committee asks the Government to provide information on labour migration and its education and training strategy. It also reiterates the importance of providing a report containing accurate information on the manner in which the provisions of Articles 1 and 2 of Convention No. 117 calling for “all policies” to be “primarily directed to the well-being and development of the population” have been regarded as the principal objective in the planning of economic development.

2. Promotion of cooperatives. The Committee notes with interest the information provided by the Government on the Co-operative Societies Act and its Regulations which provide, among other things, for the registration of cooperatives, set forth criteria for membership, provide for the expulsion of non-abiding cooperatives, specify that loans can be granted to members of cooperatives and set up the preparation of annual accounts and reports. The Department of Cooperatives is monitoring cooperatives and thereby promoting the improvement of standards of living for workers in the informal economy as well as in the formal economy. The Committee would welcome receiving further information on the manner in which a policy and legal framework favourable to cooperatives is being provided in the country. It also asks the Government to continue to report on the improvement of standards of living for workers in the informal economy (Articles 4(e) and 5 of the Convention).

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Parts III and VI of the Convention. Migrant workers. Education and training. The Committee takes note of the information provided in the Government’s reports of August 2000 and October 2003 in reply to its previous comments. It notes the entry into force of the Minimum Wages Act of 2001 as well as the information contained in the June 1998 Labour Market Information Newsletter. It hopes that the Government’s next report on the application of the Convention will keep providing information dealing with migrant workers and education and training including updated data illustrating that the improvement of standards of living have been regarded as the principal objective in the planning of economic development (Article 2 of the Convention).

2. The Committee notes the Government’s indication that urban renewal projects conduct official inquiries into living conditions separate and apart from National Census and research initiatives. It asks the Government to provide information on the promotion of cooperatives and the improvement of standards of living for workers in the informal economy (Articles 4(e) and 5 of the Convention). The Government might consider it useful to refer to the Promotion of Cooperatives Recommendation, 2002 (No. 193), and the resolution concerning decent work and the informal economy adopted by the International Labour Conference at its 90th Session (June 2002).

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information provided in the Government's report in reply to its previous comments.

Article 4(e) of the Convention. The Committee requests the Government to send a copy of the draft Bill to revise the Cooperative Act as soon as it is adopted.

Article 5. The Committee notes the Government's indication that the Department of Community Health, in conjunction with the Ministry of Consumer Affairs, seeks to ensure that a minimum standard of living and the provision of essential family needs are met. It asks the Government to provide any official survey that has been undertaken in this respect.

Articles 6, 7, 8 and 9. The Committee notes the Government's indication that migrant workers living away from home are provided with housing, food and water by the employer, and that provisions are made to facilitate the transfer of assistance to their families. It requests the Government to continue to provide further information on specific measures taken in this regard and, in particular, indications on the number of workers either immigrating or emigrating for employment.

Article 12. The Committee notes the Government's statement that the general regulation is that no more than 45 per cent of one's wages be committed or contracted to pay financial obligations. The Government further indicates that, in the event of emergencies, the employer may advance a part of or the whole of up to one month's wages and the repayment may be spread over three to six months. The Committee requests the Government to provide a copy of the above regulation.

Article 14. The Committee notes the Government's reference to the Labour Market Information Newsletter on wage rates that was supposed to be attached to the Government's report but was not received. The Committee would be grateful if the Government would provide a copy of the above document.

Article 15. The Committee notes with interest the Government's statement that the Education Act was amended in 1996, increasing the compulsory school age from 14 to 16 years. However, given that a copy of this Act, as amended, was not received, the Committee would be grateful if the Government would send a copy of it.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its previous comments, the Committee notes the report of the Government, in particular the information concerning Article 13 of the Convention. It requests the Government to provide further information on the following points.

Article 4(b) and (c). The Committee notes that the Immovable Property Act and the Government's policy booklet on land designated for agricultural purposes, to which the Government's report refers, have not been received. It would be grateful if the Government would supply these texts as well as any further information on the control of the alienation of agricultural land to non-agriculturalists.

Article 4(d). The Committee notes the Government's indication that tenancy arrangements are not practised. It hopes that the Government will provide information in any future reports if such arrangements are practised and what measures are taken to control them.

Article 4(e). The Committee notes the Government's reference to an expected review of policies concerning cooperatives. Please provide information on any development in this regard.

Article 5. The Committee notes the Government's indication that no official survey has been conducted concerning the minimum standard of living of independent producers and wage-earners referred to in this Article. It asks the Government to continue to report measures taken to give effect to this Article.

Articles 6, 7, 8 and 9. The Committee notes the Government's statement that migrant workers who are legally employed are not adversely affected. It asks the Government to indicate in future reports: (i) any measures taken to assess the conditions of employment of workers who are employed living away from their homes within the country and what measures are taken to encourage the transfer of wages and savings as referred to in these Articles; and (ii) information on the number of workers either immigrating or emigrating for employment.

Article 12. The Committee notes the Government's indication that a transaction like advances on wages is a private matter between the employer and the worker. It points out that, by ratifying the Convention, the Government has undertaken to give effect to the provisions including this Article, under which the maximum amounts and manner of repayment of advances on wages should be regulated by the competent authority and that any advance in excess of such limits should be legally irrecoverable. The Committee requests the Government to indicate measures taken to implement this Article.

Article 14. The Committee notes the Government's reference to the Constitution and the legislation. It recalls that the principal labour legislation, such as the Fair Labour Standards Act, 1970 and the Industrial Relations Act, 1970, applies to all workers without discrimination on grounds of race, colour, sex, belief, tribal association or trade union affiliation. It also notes that Article 26 of the Constitution forbids discriminatory provisions in laws (paragraph 1) and discriminatory treatment by a person acting in public authority (paragraph 2) on the basis of race, place of origin, political opinions, colour or creed (paragraph 3). The Committee points out that this article of the Constitution is narrower in protection than this Article of the Convention, which prescribes that it should be an aim of policy to abolish all discrimination among workers on the various grounds stipulated, including that of sex or trade union affiliation, and that it should cover all the instances set out in paragraph 1(a) to (i). It therefore requests the Government to indicate any measures taken to implement this Article.

The Committee also requests the Government to indicate the measures taken to lessen the differences in wage rates due to discrimination on various grounds, in accordance with paragraph 2 of this Article, and any practical difficulties encountered, in accordance with point V of the report form.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request, and which have been the subject of its comments for a number of years:

Article 4(b) and (c) of the Convention. The Committee noted the information supplied by the Government on the policy concerning the distribution of land to foreigners and points out once again that the above provisions of the Convention prescribe the control over the transfer of agricultural land to persons who are not farmers and it hopes that the Government will also indicate its policy in respect of the control over the transfer of agricultural land to nationals who are not farmers. It also requests the Government to supply the text of any legislation including the principles of national land policy that may have been promulgated in the matter.

Article 4(d). Please indicate the measures that have been taken to give effect to this provision concerning the supervision of tenancy arrangements and of working conditions with a view to securing for tenants and labourers the highest practicable standards of living and an equitable share of any advantages which may result from improvements in productivity or in price levels.

Article 4(e). Please supply the text of the statement concerning cooperatives made before Parliament to which the Government has referred in its earlier reports.

Article 5. Please indicate the measures that have been taken to guarantee to wage-earners whose minimum wage is not fixed by collective agreement and to independent producers the maintenance of a minimum level of living and to determine this level of living by means of official surveys, in accordance with the above provision of the Convention.

Articles 6, 7, 8 and 9. Please indicate how effect is given to these Articles of the Convention, which concern migrant workers, and supply the information called for in this connection by the report form adopted by the Governing Body.

Article 12. Please indicate the measures taken by the competent authority to regulate the maximum amounts of advances on wages and to give effect to paragraphs 2 and 3 of this Article, which concern the limits imposed on the amount of these advances and the measures taken to render legally irrecoverable any advance made in excess of the above limits, in accordance with the above Article of the Convention.

Article 13. Please indicate the measures that have been taken to give effect to this Article, concerning the encouragement of thrift and the protection of wage-earners and independent producers against usury.

Article 14. Please indicate the measures that have been taken to abolish all discrimination among workers on grounds of race, colour, sex, belief, tribal association or trade union affiliation in all the cases set out in paragraph 1(a) to (i) of this Article, and the measures that have been taken to lessen the differences in wage rates due to discrimination on the above grounds, in accordance with paragraph 2 of this Article.

The Committee trusts that the Government will not fail to supply the information requested above.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request, and which have been the subject of its comments for a number of years:

Article 4(b) and (c) of the Convention. The Committee noted the information supplied by the Government on the policy concerning the distribution of land to foreigners and points out once again that the above provisions of the Convention prescribe the control over the transfer of agricultural land to persons who are not farmers and it hopes that the Government will also indicate its policy in respect of the control over the transfer of agricultural land to nationals who are not farmers. It also requests the Government to supply the text of any legislation including the principles of national land policy that may have been promulgated in the matter.

Article 4(d). Please indicate the measures that have been taken to give effect to this provision concerning the supervision of tenancy arrangements and of working conditions with a view to securing for tenants and labourers the highest practicable standards of living and an equitable share of any advantages which may result from improvements in productivity or in price levels.

Article 4(e). Please supply the text of the statement concerning cooperatives made before Parliament to which the Government has referred in its earlier reports.

Article 5. Please indicate the measures that have been taken to guarantee to wage-earners whose minimum wage is not fixed by collective agreement and to independent producers the maintenance of a minimum level of living and to determine this level of living by means of official surveys, in accordance with the above provision of the Convention.

Articles 6, 7, 8 and 9. Please indicate how effect is given to these Articles of the Convention, which concern migrant workers, and supply the information called for in this connection by the report form adopted by the Governing Body.

Article 12. Please indicate the measures taken by the competent authority to regulate the maximum amounts of advances on wages and to give effect to paragraphs 2 and 3 of this Article, which concern the limits imposed on the amount of these advances and the measures taken to render legally irrecoverable any advance made in excess of the above limits, in accordance with the above Article of the Convention.

Article 13. Please indicate the measures that have been taken to give effect to this Article, concerning the encouragement of thrift and the protection of wage-earners and independent producers against usury.

Article 14. Please indicate the measures that have been taken to abolish all discrimination among workers on grounds of race, colour, sex, belief, tribal association or trade union affiliation in all the cases set out in paragraph 1(a) to (i) of this Article, and the measures that have been taken to lessen the differences in wage rates due to discrimination on the above grounds, in accordance with paragraph 2 of this Article.

The Committee trusts that the Government will not fail to supply the information requested above.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full and detailed information in reply to each of the points set out below, which have been the subject of its comments for a number of years.

Article 4(b) and (c) of the Convention. The Committee noted the information supplied by the Government on the policy concerning the distribution of land to foreigners and points out once again that the above provisions of the Convention prescribe the control over the transfer of agricultural land to persons who are not farmers and it hopes that the Government will also indicate its policy in respect of the control over the transfer of agricultural land to nationals who are not farmers. It also requests the Government to supply the text of any legislation including the principles of national land policy that may have been promulgated in the matter.

Article 4(d). Please indicate the measures that have been taken to give effect to this provision concerning the supervision of tenancy arrangements and of working conditions with a view to securing for tenants and labourers the highest practicable standards of living and an equitable share of any advantages which may result from improvements in productivity or in price levels.

Article 4(e). Please supply the text of the statement concerning cooperatives made before Parliament to which the Government has referred in its earlier reports.

Article 5. Please indicate the measures that have been taken to guarantee to wage-earners whose minimum wage is not fixed by collective agreement and to independent producers the maintenance of a minimum level of living and to determine this level of living by means of official surveys, in accordance with the above provision of the Convention.

Articles 6, 7, 8 and 9. Please indicate how effect is given to these Articles of the Convention, which concern migrant workers, and supply the information called for in this connection by the report form adopted by the Governing Body.

Article 12. Please indicate the measures taken by the competent authority to regulate the maximum amounts of advances on wages and to give effect to paragraphs 2 and 3 of this Article, which concern the limits imposed on the amount of these advances and the measures taken to render legally irrecoverable any advance made in excess of the above limits, in accordance with the above Article of the Convention.

Article 13. Please indicate the measures that have been taken to give effect to this Article, concerning the encouragement of thrift and the protection of wage-earners and independent producers against usury.

Article 14. Please indicate the measures that have been taken to abolish all discrimination among workers on grounds of race, colour, sex, belief, tribal association or trade union affiliation in all the cases set out in paragraph 1(a) to (i) of this Article, and the measures that have been taken to lessen the differences in wage rates due to discrimination on the above grounds, in accordance with paragraph 2 of this Article.

The Committee trusts that the Government will not fail to supply the information requested above.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the Government's report and notes the measures that have been taken to improve the housing conditions and social security protection of certain categories of the most underprivileged workers. The Committee also notes that a general reform of the labour legislation is currently under way and hopes that this reform will be adopted in the near future and that, in the meanwhile, the Government will be able to supply full and detailed information in its next report in reply to each of the points set out below, which have been the subject of its comments for a number of years:

Article 4(b) and (c) of the Convention. The Committee noted the information supplied by the Government on the policy concerning the distribution of land to foreigners and points out once again that the above provisions of the Convention prescribe the control over the transfer of agricultural land to persons who are not farmers and it hopes that the Government will also indicate its policy in respect of the control over the transfer of agricultural land to nationals who are not farmers. It also requests the Government to supply the text of any legislation including the principles of national land policy that may have been promulgated in the matter.

Article 4(d). Please indicate the measures that have been taken to give effect to this provision concerning the supervision of tenancy arrangements and of working conditions with a view to securing for tenants and labourers the highest practicable standards of living and an equitable share of any advantages which may result from improvements in productivity or in price levels.

Article 4(e). Please supply the text of the statement concerning co-operatives made before Parliament to which the Government has referred in its previous reports.

Article 5. Please indicate the measures that have been taken to guarantee to wage earners whose minimum wage is not fixed by collective agreement and to independent producers the maintenance of a minimum level of living and to determine this level of living by means of official surveys, in accordance with the above provision of the Convention.

Articles 6, 7, 8 and 9. Please indicate how effect is given to these Articles of the Convention, which concern migrant workers, and supply the information called for in this connection by the report form adopted by the Governing Body.

Article 10, paragraph 1. Please indicate the sectors of activity in which minimum wages are fixed by collective agreements and, if possible, supply the text of some of these collective agreements.

Article 10, paragraphs 3 and 4. Please indicate the legislative or practical measures that have been taken to ensure that wages actually paid are not lower than the minimum rates that are applicable and that workers who have received wages lower than these rates have the right to recover the amounts remaining due to them by judicial or other means authorised by law, in accordance with the above provisions of the Convention.

Article 12. Please indicate the measures taken by the competent authority to regulate the maximum amounts of advances on wages and to give effect to paragraphs 2 and 3 of this Article, which concern the limits imposed on the amount of these advances and the measures taken to render legally irrecoverable any advance made in excess of the above limits, in accordance with the above Article of the Convention.

Article 13. Please indicate the measures that have been taken to give effect to this Article, concerning the encouragement of thrift and the protection of wage earners and independent producers against usury.

Article 14. Please indicate the measures that have been taken to abolish all discrimination among workers on grounds of race, colour, sex, belief, tribal association or trade union affiliation in all the cases set out in paragraph 1(a) to (i) of this Article, and the measures that have been taken to lessen the differences in wage rates due to discrimination on the above grounds, in accordance with paragraph 2 of this Article.

The Committee trusts that the Government will not fail to supply the information requested above.