Texts of pending comments

Article 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Legal and institutional framework. The Committee takes note of the adoption of the Trafficking in Persons Prevention Act, 2016, indicated in the Government’s report, which under section 3 criminalizes trafficking in persons, for both sexual and labour exploitation, and provides for penal sanctions of a fine or imprisonment for the perpetrators, or both. The Committee also notes that section 27(1) of the Act provides for the establishment of a National Task Force Against Trafficking in Persons. The functions of the Task Force include the formulation of policies to prevent trafficking in persons, the provision of assistance and protection to the victims, and the development and implementation of a National Action Plan. The Committee further notes, from the website of the Government Information Service, that the Barbados National Action Plan to Combat Human Trafficking 2021–2023 was approved by the Cabinet and that one element of the Plan is to prepare a study to determine the nature and extent of trafficking in the country, which shall guide the development of targeted interventions.

In relation to the protection of victims, the Committee notes that section 15 of the Trafficking in Persons Prevention Act provides for a number of measures to protect victims during the investigation and prosecution of offences relating to trafficking in persons. Section 18 of the Act also provides for additional measures of assistance to victims of trafficking who are not nationals of Barbados such as appropriate housing, legal assistance, provision of safe shelter and assistance to cover living expenses.

The Committee notes with interest the adoption of the Trafficking in Persons Prevention Act as well as the National Action Plan to Combat Human Trafficking 2021 – 2023, which provide the country with an institutional and legal framework for the prevention and repression of trafficking in persons, as well as for the protection of and assistance to victims.

The Committee requests the Government to provide information on the measures adopted within the framework of the National Action Plan to Combat Human Trafficking 2021–2023, including information on the outcome of the study on the nature and extent of trafficking. Please also provide information on the activities of the National Task Force Against Trafficking in Persons. In addition, the Committee requests the Government to provide information on the application in practice of sections 15 and 18 of the Trafficking in Persons Prevention Act, including information on the number of victims who have received assistance and the type of assistance provided.

Law enforcement. The Committee notes the Government’s indication that there have been no convictions under the Trafficking in Persons Prevention Act. The Committee observes that, in its 2017 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) notes that Barbados remains both a source and destination country for women, who are subjected to trafficking for purposes of sexual exploitation and forced labour, as a result of high unemployment, increasing levels of poverty and the weak implementation of anti-trafficking legislation (CEDAW/C/BRB/CO/5-8, paragraph 25). Therefore, the Committee requests the Government to take the necessary measures to ensure that cases of trafficking in persons are properly identified and prosecuted, and that effective and dissuasive sanctions are imposed on perpetrators. In this regard, the Committee requests the Government to provide information on the number of investigations, prosecutions and convictions applied under section 3 of the Trafficking in Persons Prevention Act.

Articles 3(2) and 6 of the Convention. Status of labour inspectors. Additional duties entrusted to labour inspectors. Following its previous comments, the Committee notes the Government’s indication that all labour officers and safety and health officers have the mandate to carry out inspection activities and have the status of labour inspectors. According to the Government, it is estimated that the safety and health officers devote at least two-thirds of their time to labour inspection duties, such as routine workplace visits, special inspection in response to specific concerns (for example, indoor air quality or ergonomics) and accident investigations. A third of their time is used in administrative functions, such as producing reports and organizing training and awareness-raising activities. Regarding labour officers, each officer is assigned two field days per week to carry out eight shop inspections. However, the Committee notes that the labour officers hold the responsibility for the conciliation of disputes as provided for by section 43 of the Employment Rights Act and that, according to the Government, they spend two thirds of their time performing this duty because dispute resolution is now the more demanding area of their work. The Committee requests the Government to indicate the measures taken or envisaged to ensure that, in accordance with Article 3(2) of the Convention, additional functions entrusted to labour officers, identified by the Government as demanding, do not interfere with the effective discharge of their primary labour inspection duties and to provide information on any progress thereon.

Article 13. Preventive activities in occupational safety and health (OSH). The Committee notes the Government’s response to its previous request regarding the application in practice of sections 112 and 113 of the Safety and Health at Work Act (SHAW). Accordingly, one improvement notice, which requires alterations to secure compliance with the provisions of SHAW, was issued in 2017, 2018 and 2019 respectively. However, no prohibition notice with immediate effect in case of imminent danger to the health or safety of workers has been issued. The Committee requests the Government to continue to provide information on the improvement notices and prohibition notices issued pursuant to sections 112 and 113 of the Safety and Health at Work Act, as well as any other preventive measures undertaken by inspectors, where applicable, as required by Article 13 of the Convention.

Articles 5(a), 17 and 18. Adequacy of penalties and enforcement. Cooperation between the labour inspectorate and the justice system. The Committee previously noted that the Labour Department primarily used moral persuasion to encourage compliance with labour law, and that therefore no penalties were applied in relation to the violations observed. It notes the Government’s indication that penalties, including fines and imprisonment up to 1 year, are provided for by relevant laws, such as SHAW, Holidays with Pay Act and Shops Act. During the period of May 2016 to May 2017, no legal proceedings were instituted under the SHAW. Under the Holidays with Pay Act, a total of 19 cases were lodged in courts, while 23 matters were heard and generally settled in favour of the employee. The Committee also notes that the Government report does not contain information regarding the measures taken or envisaged to enhance effective cooperation between labour inspection services and the justice system. The Committee requests the Government to continue to provide information on any measures taken to ensure that penalties are dissuasive and effectively enforced in the area of both OSH and other working conditions. It also requests the Government to continue to provide information on the number of legal proceedings commenced for labour law infringements, including the cases submitted to courts by inspectors, and their outcome. The Committee also once again requests that the Government indicate the arrangements made or envisaged to enhance effective cooperation between labour inspection services and the justice system.

Article 7. Training of labour inspectors. Following its previous comments, the Committee notes the Government’s detailed information on the training activities for safety and health officers during the period of May 2016 to May 2018. The Government also indicates that both safety and health officers and labour officers participate in training activities as approved for the period of a financial year; however, training opportunities for safety and health officers are more easily identified than those pertaining to labour officers. The Committee notes that of the fifteen reported training activities for safety and health officers, eight were attended by only one officer and only four of the fifteen were attended by more than three officers. The Labour Department is seeking to obtain further training opportunities through local and international organizations (such as the ILO), as well as local tertiary training institutions. The Committee requests the Government to continue to provide information on the training provided to labour inspectors (subjects covered, number of participants, duration, etc.). It also requests the Government to continue to provide information on the measures taken to ensure adequate training for both labour officers and safety and health officers, including information on how to improve attendance at these sessions.

Article 11. Material means and transport facilities available to labour inspectors. Following its previous requests, the Committee notes the Government’s indication that adequate office space is provided to labour inspectors. Eleven workstations are assigned to the team of nine labour officers and one senior labour officer and ten workstations are assigned to the team of seven safety and health officers and one senior safety and health officer. Each workstation is equipped with a desktop computer, and three laptops are available for use as needed. All required stationary is readily supplied and there is the possibility to purchase special items on demand. The Government also states that the interest-free loan for the purchase of a vehicle increased from 25,000 Barbadian dollars (BBD) (USD 12,500) to BBD 50,000 (USD 25,000), while the commuted travelling allowance increased from BBD 1.09 (USD 0.54) to BBD 2.19 (USD 1.10) per kilometer. The Committee takes note of this information, which addresses its previous request.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee previously noted that, while the system for notification of industrial accidents to the Labour Department functioned relatively well, cases of occupational disease were not reported. The Committee notes the Government’s indication that workshops and seminars organised by the safety and health officers inform employers and employees of the legal requirements and duties related to the reporting of accidents and occupational diseases. The Government reports that the statutory duty of medical practitioners to inform the Labour Department of any suspected cases of occupational disease is also emphasised. According to the Government the existing Accidents and Occupational Diseases (Notification) Act is to be reviewed. This Act requires employers to notify the Labour Department if a worker, during the course of his/her employment, was involved in an accident which causes the worker to have an injury that renders him/her incapable of doing work to which he/she is employed for a period longer than three days. The revision of this Act includes the alignment of the current statutory list of occupational diseases to that developed by the ILO. Moreover, the guidance provided in the ILO code of practice on the recording and notification of occupational accidents and diseases is taken into account in the proposed revisions. The Committee requests the Government to provide information on the revision to the Accidents and Occupational Diseases (Notification) Act, as well as the statutory list of occupational diseases, and to provide a copy of the revised Act once adopted. It also requests the Government to indicate the data concerning industrial accidents and cases of occupational diseases notified to the Labour Department.

Articles 20 and 21. Publication and communication of an annual report on the work of labour inspection services. The Committee notes the Government’s indication that the Labour Department endeavours to provide the report as necessary. However, the Committee notes that no annual reports of the Labour Department have been received by the Office since 2009 despite its requests. The Committee urges the Government to take the necessary measures to ensure that annual labour inspection reports are regularly published and communicated to the ILO (Article 20 of the Convention), and that they contain information on all the subjects covered by Article 21(a)–(g).

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee takes note of the observations of the International Trade Union Confederation (ITUC) received on 10 September 2014, concerning matters examined under this comment, as well as other allegations of violations of the Convention in the law. The Committee requests the Government to provide its comments in this respect. The Committee also takes note of the observations of the International Organisation of Employers (IOE) received on 1 September 2016, which are of a general nature.

The Committee recalls that it has been requesting the Government since 1998 to provide information on developments in the process of reviewing legislation regarding trade union recognition. The Committee notes that the Government indicates that there are no further developments in the process of reviewing legislation regarding trade union recognition, and that a number of the observations made by the ITUC refer to issues concerning trade union registration. Hoping that it will be able to observe progress in the near future, the Committee requests the Government to provide information on any development in the legislative review process and it recalls that the Government may avail itself of the technical assistance of the ILO in this regard.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee recalls that for numerous years it has been requesting the Government to amend section 4 of the Better Security Act, 1920, according to which any person who wilfully breaks a contract of service or hiring, knowing that this could endanger real or personal property, is liable to a fine or up to three months’ imprisonment, with a view to eliminating the possibility of employers invoking it in cases of strikes. In this respect, the Committee once again recalls that no penal sanction should be imposed against a worker for having carried out a peaceful strike and thus for merely exercising an essential right, and therefore that measures of imprisonment or fines should not be imposed in such cases. Such sanctions could be envisaged only where, during a strike, violence against persons or property, or other serious infringements of penal law have been committed, and can be imposed pursuant to legislation punishing such acts. The Committee observes that, in its 2014 observations, the ITUC raised this issue as well. The Committee regrets that once again the Government’s report contains no information in this regard and trusts that the Government will take the necessary measures to amend section 4 of the Better Security Act, 1920, taking into account the above-mentioned principles.

The Committee notes with deep concern that the Government’s report, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention based on the information at its disposal.

Article 2 of the Convention. Free services and accurate information to migrant workers. In its previous comment, the Committee asked the Government to indicate: (1) the type of assistance and information free of charge provided by the National Employment Bureau (NEB) to migrant workers from Barbados; (2) the type of services provided by the liaison officers in Canada and the United States to migrants under the “Farm Labour Programme” and the “Hotel Programme” and; (3) whether the liaison officers can receive or address complaints from workers under these programmes and, if so, provide information on the follow-up given to such complaints. The Committee notes that, according to the Government Information Service (GIS) website, the NEB is now called the Barbados Employment and Career Counselling Service (BECCS). It seeks to find decent employment for all Barbadians through the provision of job placement services for both local and overseas employment; it provides information related to job opportunities abroad, internships, COVID-19 protocols, etc. Under the section “overseas employment programmes”, the Committee notes the existence of various programmes, such as for example, the Low Skilled Worker Programme in collaboration with Canada, the H2B Hotel Programme in collaboration with the United States and the United Kingdom Farm Labour Programme. Nonetheless, there is no information on the concrete services provided by the Barbadian authorities or the liaison officers in Canada, the United States or the United Kingdom. Under these circumstances, the Committee asks again the Government:

(i) to provide detailed information on the type of services provided by the Barbados Employment and Career Counselling Service to migrant workers within the framework of the Low Skilled Worker Programme, the H2B Hotel Programme and the United Kingdom Farm Labour Programme; and
(ii) to indicate whether the liaison officers can receive or address complaints from workers under the programmes and, if so, to provide information on the follow-up given to such complaints.

Statistics. The Committee wishes to point out that appropriate data and statistics are crucial in determining the nature of labour migration and inequalities of treatment faced by migrant workers, to set priorities and design measures, and to evaluate their impact and make adaptations where necessary. In this regard, the Committee notes that on 21-22 July 2021, the Caribbean Community (CARICOM) and its Associated Institutions held its eleventh General Meeting with the United Nations. During this meeting, the Economic Commission for Latin America and the Caribbean (ECLAC) stressed that there was a general scarcity of data and socio-economic and environment indicators in the region, as well as an infrequent and insufficient production and dissemination of official statistics and indicators. However, ECLAC indicated that statistical capacity had received positive attention within CARICOM, and assistance was provided by United Nations agencies, funds and programmes. Acknowledging the importance of data collection, the Committee calls upon the Government to collect and analyse relevant data on labour migration flows, disaggregated by sex, and on migration patterns in the country or region (taking into account factors such as origin, age, status, sector of employment and occupation, etc.).

The Committee notes with deep concern that the Government’s report, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 7(2) of the Convention. Free services rendered by public employment offices. In its previous comments, the Committee stressed that the requirement for migrant workers participating in the Canada–Caribbean Seasonal Agricultural Workers Programme the “Farm Labour Programme” – to remit 25 per cent of their earnings to the Government directly from Canada as mandatory savings, 5 per cent of which was retained to pay the administrative costs of the Programme, is contrary to the clear purpose of Article 7 of the Convention, as services rendered by public employment services in connection with the recruitment, introduction and placement of migrants for employment are to be provided free of charge (2016 General Survey concerning the migrant workers instruments, paragraph 229). In the absence of any updated information in this respect, the Committee urges the Government:

(i) to discontinue the practice of forcing migrant workers enrolled under the Farm Labour Programme to remit a certain percentage of their wages to cover administrative costs, and
(ii) to provide information on any steps taken, in cooperation with the workers’ and employers’ organizations, to review the impact of the Farm Labour Programme on the situation of Barbadian migrant workers.

Article 9. Free transfer of remittances. The Committee recalls that, requiring nationals working abroad to transfer a certain percentage of their earnings or savings to the Government is contrary to the clear intent of Article 9 of the Convention and, in this regard, wishes to stress the importance of reducing remittance costs in the context of the debate on effective governance of international labour migration (Sustainable Development Goal 10.c of the 2030 United Nations Sustainable Development Agenda aims to reduce to less than 3 per cent the transaction costs of migrant remittances by 2030). In light of the above, the Committee requests the Government to take the necessary measures to ensure that migrants for employment are permitted to transfer such part of their earnings and savings as they desire, taking into account the limits allowed by national laws and regulations concerning the export and import of currencies.

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 2 of the Convention. Minimum wages. The Committee recalls its previous comments in which it noted that the minimum wages for domestic workers had not increased for more than 20 years. The Committee notes from the latest Labour Force Survey data published by the Barbados Statistical Service that in 2015 the number of women domestic workers was almost four times the number of men employed in domestic work. The Committee welcomes the adoption of the Minimum Wage Act 2017 which establishes a Minimum Wage Board to advise the Minister on matters relating to the fixing of a minimum wages (section 3(1)), and which provides for the adoption of Minimum Wage Orders prescribing a national minimum wage or a minimum wage in respect of employees in a specified group or sector, or minimum terms and conditions of service (section 6(1)(a) and (b)). The Government indicates in its report that minimum wage fixing for employees in a specified group or sector will cover minimum wages of domestic workers. The Committee recalls that in the case of minimum wage fixing at the sector level, special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued (see General Survey of 2012 on the fundamental Conventions, paragraph 683). The Committee requests the Government to: (i) indicate the measures adopted by the Minimum Wages Board to ensure minimum wage rates for specified groups of employees or sectors are fixed, based on objective criteria, free from gender bias, and that work in sectors with a high proportion of women, including domestic work, is not being undervalued in comparison with sectors in which men are predominantly employed; and (ii) provide copies of any Minimum Wage Orders adopted for specified groups or sectors. The Committee asks the Government to provide information on the steps taken to adjust the minimum wages of domestic workers taking into account the principle of the Convention so as to ensure that their work is not being undervalued and rates of remuneration are determined without discrimination based on sex.

Article 2. Collective agreements. In its previous comments, the Committee noted that sex-specific terminology was used in wage classifications in some collective agreements, reinforcing stereotypes regarding whether certain jobs should be carried out by men or women, and thus increasing the likelihood of wage inequality. The Committee notes that sex-specific terminology was not used in the wage classifications of sample collective agreements submitted by the Government, but notes that the Government does not provide information on measures taken to ensure that such gender-neutral terminology is used in all collective agreements. The Committee therefore reiterates its request to the Government to take steps, in collaboration with employers’ and workers’ organizations, to systematically ensure that gender-neutral terminology is used in defining the various jobs and classifications in collective agreements, and that collective agreements promote the principle of equal remuneration for men and women for work of equal value, and to provide information on progress made in this regard.

Article 3. Objective job evaluation. The Committee notes that the Government describes in general terms two job evaluation methods used by unionized companies, which are the Hay Guide Chart/Profile and the Factor methods. In this regard, the Committee recalls that when using such methods, particular care must be taken to ensure that job evaluations are free from gender bias, and that the selection of factors for comparison, the weighing of such factors, and the actual comparison carried out are not discriminatory, either directly or indirectly. It also stresses that the determination of criteria for job evaluations and their weighting are matters on which cooperation between employers and workers is particularly important (see General Survey of 2012 on the fundamental Conventions, paragraphs 701, 705 and 706). Recalling the Government’s previous indication that objective job evaluations are undertaken in non-unionized companies as well as unionized companies, the Committee asks the Government to provide information on measures taken to ensure that job evaluation methods used by these companies, in both the public and private sectors, are free from gender bias, including with respect to the selection and weighing of factors for comparison. The Committee also asks the Government to provide information on any such objective job evaluation methods used by the Minimum Wages Board to design or adjust sectoral or occupational minimum wage schemes, including for domestic workers.

Statistics. The Committee notes that the National Employment Policy recognizes the importance of identifying gender gaps in both the public and private sectors and the need to collect, analyse and disseminate gender-specific information to determine the evolution of gender gaps in the labour market. Recalling the importance of the regular collection of statistics in order to undertake an assessment of the nature, extent and evolution of the gender pay gap, the Committee asks the Government to provide information, disaggregated by sex, on the wage levels in the various sectors and occupations.

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. Legislation. In previous comments, the Committee noted the absence of a legislative framework supporting the right to equal remuneration for men and women for work of equal value. Having noted also that the existing mechanisms for collective bargaining and wage councils for wage determination did not seem to promote and ensure effectively this right, the Committee requested the Government to take measures to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. The Committee notes from the Government’s report on Discrimination (Employment and Occupation) Convention, 1958 (No. 111) that the draft National Gender Policy, which includes a section on employment, is currently being reviewed by the relevant ministries but that the Employment (Prevention of Discrimination) Bill is yet to be adopted. The Committee once again recalls the particular importance of capturing in legislation the concept of “work of equal value” in order to address the segregation of men and women in certain sectors and occupations due to gender stereotypes. In light of the ongoing legislative and policy developments on gender equality and non-discrimination, the Committee asks the Government to take the necessary measures to ensure that the principle of equal remuneration for men and women for work of equal value will be fully reflected in the National Gender Policy and in the Employment (Prevention of Discrimination) Bill, and to provide a copy of the policy and the new legislation, once adopted.

Gender earnings gap and occupational segregation. The Committee notes from the statistics published by the Barbados Statistical Service (Labour Force Survey) that of all women employed in 2015, 52.4 per cent earned less than 500 Barbadian dollars (BBD) per week compared to 41.8 per cent of all men employed in that same year. Among those earning between BBD500 and BBD999 per week, men represented almost 56 per cent and women only 44 per cent. Among those earning between BBD1,000 and BBD1,300, women represented 46.6 per cent and men 53.1 per cent. Men also account for a little more than half of the workers (52.5 per cent) in the highest earnings group (over BBD1,300). The Committee further notes from the Labour Force Survey data for 2015 the persistent occupational gender segregation of the economy with women mostly employed as service workers and clerks while men are mostly employed as craft and related workers or plant and machine operators. When looking at economic sectors, women workers are highly represented in “Accommodation and Food Services”, and their numbers sometimes more than doubles or triples the number of male workers in “Finance and Insurance”, “Education” and “Human Health and Social Work”. Women are also over-represented among household employees. In contrast, men largely predominate in the “Construction” and “Transportation and Storage” sectors. The Committee further refers to its comments on Convention No. 111. The Committee asks the Government to take measures to reduce the earnings gap between men and women and to increase the employment of women in jobs with career opportunities and higher pay. Recalling that wage inequalities may arise due to the segregation of men and women into certain sectors and occupations, the Committee also asks the Government to provide information on the results achieved under the National Employment Policy and the National Gender Policy, once adopted, to address occupational gender segregation and to increase the employment of women and men in sectors and occupations in which they are under-represented.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

The Committee notes with deep concern that the Government’s reports on Conventions Nos 102 and 128, due since 2018, have not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Conventions Nos 102 and 128 on the basis of the information at its disposal.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 102 (minimum standards) and 128 (invalidity and old-age benefits) together.

Part XI (Standards to be complied with by periodical payments) of Convention No. 102, Article 65(10), and Part V (Standards to be complied with by periodical payments) of Convention No. 128, Article 29. Adjustment of old-age, invalidity, and survivors’ benefits. In its previous comments, the Committee noted that social security benefits were adjusted by the same percentage as the lesser of the three-year average of wage or price increases, subject to actuarial advice on the maximum which could be granted. The Committee further requested the Government to provide statistical information on the adjustment of old-age and invalidity benefits according to the report form for Convention No. 128, and on the adjustment of survivors’ benefits according to the report form for Convention No. 102. The Committee recalls that as per Article 65(10) of Convention No. 102, the rates of current survivors’ benefits shall be reviewed following substantial changes in the general level of earnings, where these result from substantial changes in the cost of living and that, pursuant to Article 29 of Convention No. 128, the rates of old-age and invalidity benefits in payment shall be reviewed following substantial changes in the general level of earnings or substantial changes in the cost of living. The Committee once again requests the Government to provide statistical data on the adjustment of survivors’ benefits under Title VI of Article 65 of the report form for Convention No. 102 and of old-age and invalidity benefits under Article 29 of the report form for Convention No. 128.

Part X (Survivors’ benefit) of Convention No. 102, Articles 60(1) and 63(5). Scope of personal coverage and qualifying conditions. In its previous comments, the Committee noted that the national legislation of Barbados did not provide for survivors’ benefits to spouses aged below 45 and caring for a child, whereas they would usually be presumed incapable of self-support and entitled to survivors’ benefits, in accordance with Article 60(1) of the Convention. The Committee therefore requested the Government to bring the national legislation into full conformity with the Convention on this point by ensuring that surviving spouses meeting the above-mentioned criteria be entitled to survivors’ benefits.

The Committee further noted that according to section 37(1) of the National Insurance and Social Security (Benefit) Regulations of 1967, a spouse of 45 years or over and a spouse with disability below the age of 50 were entitled to survivors’ benefit subject to the condition of having been married to the deceased for at least three years at the time of death. Noting that this requirement went beyond the qualifying conditions that may be imposed pursuant to Article 63 of the Convention, the Committee requested the Government to ensure that the imposition of a minimum duration of marriage for the entitlement to survivors’ benefit was applied only in respect of childless surviving spouses, in line with Article 63(5) of the Convention.

The Committee observes that the relevant provisions of the National Insurance and Social Security (Benefit) Regulations of 1967 (Regulations of 1967) on the entitlement to survivors’ pension, particularly its section 37(1), have not been modified since the Committee’s last examination. The Committee therefore reiterates its request to the Government to take the necessary measures to bring the national legislation into full conformity with Articles 60(1) and 63(5) of the Convention, by ensuring that: 1) survivors’ benefits are provided to spouses aged below 45 and caring for a child and 2) the condition of a minimum duration of marriage for the entitlement to survivors’ benefit is applied only in respect of childless spouses.

Article 64 of Convention No. 102. Duration of survivors’ benefit. The Committee previously noted that the payment of survivors’ benefits was limited to only one year in cases where the marriage was contracted after the deceased had been granted an old-age or an invalidity contributory pension (section 36(4A(a)) of the National Insurance and Social Security (Benefit) Regulations of 1967). The Committee concluded that such a limitation was not in conformity with Article 64 of the Convention and requested the Government to take the necessary measures to bring the national legislation into conformity with the Convention.

The Committee observes that section 36(4A(a)) of the National Insurance and Social Security (Benefit) Regulations of 1967 has not been modified since this request was made to the Government. Recalling that, pursuant to Article 64 of the Convention, survivors’ benefits shall be granted throughout the contingency, regardless of the fact that the marriage with the deceased was contracted after the granting of an old-age or an invalidity contributory pension, the Committee once again requests the Government to bring the national legislation into full conformity with Article 64 of the Convention by removing the limitation on the payment of survivors’ benefits set out in section 36(4A(a)) of the National Insurance and Social Security (Benefit) Regulations of 1967.

Part XI (Standards to be complied with by periodical payments) of Convention No. 102, Article 65, in conjunction with Articles 62 and 63. Level of survivors’ benefit. In its previous comments, the Committee noted that the benefit to which a surviving spouse aged between 45 and 50 years would be entitled, together with the supplements paid in respect of two children, would attain 26.5 per cent of the breadwinner’s previous earnings, below the 30 per cent replacement rate required by Article 63(3) of the Convention for systems, such as Barbados’, where the qualifying period does not exceed five years. On this basis, the Committee requested the Government to conduct an actuarial study on the financial implications of progressively raising the level of benefits paid to survivors between 45 and 50 years of age with a view to bringing national law and practice into conformity with the Convention. The Committee observes that the provisions of the National Insurance and Social Security (Benefit) Regulations of 1967, particularly its section 40(2)(4) on the rates of survivors' pension for a surviving spouse aged between 45 and 50 years, have not been modified since this request was made to the Government. The Committee therefore once again requests the Government to take the necessary measures to ensure that the survivors’ pension paid to surviving spouses between 45 and 50 years of age with two dependent children attains a replacement rate of at least 30 per cent of the earnings of the deceased breadwinner, in conformity with Article 63(3) of the Convention.

Part III (Old-Age benefit) of Convention No. 128, Article 15. Pensionable age. The Committee previously requested the Government to indicate whether the labour legislation of Barbados deemed certain occupations as arduous or unhealthy and whether the pensionable age was lower in respect of persons who had been engaged in such occupations. The Committee observes that, according to Schedule II of the National Insurance and Social Security Act of 2007 (Act of 2007), the pensionable age has been increased to 67 years since 1st January 2018. The Committee further observes that, in accordance with section 21(1A) of the Act of 2007 and section 32(1A) of the National Insurance and Social Security (Benefit) Regulations of 1967, insured persons may be entitled to an early retirement pension at the age of 60 years at a reduced rate, regardless of their previous occupation. The Committee recalls that pursuant to Article 15(2) of the Convention, a pensionable age higher than 65 years may be fixed by the competent authority, with due regard to demographic, economic and social criteria, which shall be demonstrated statistically. The Committee further recalls that according to Article 15(3) of the Convention, if the pensionable age is 65 years or higher, the age shall be lowered, under prescribed conditions, in respect of persons who have been engaged in occupations that are deemed by national legislation, for the purpose of old-age benefit, to be arduous or unhealthy. The Committee requests the Government to provide information on the demographic, economic and social criteria on which the decision to increase the pensionable age up to 67 years was based, including, for example, data on the healthy life expectancy (HLE), disability free life expectancy (DFLE), and employment rate among persons older than 65 years in Barbados. The Committee further requests, once again, the Government to indicate whether, in Barbados, there are occupations deemed by the national legislation to be arduous or unhealthy, and whether workers in these occupations are subject to a lower pensionable age.

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. For a number of years, the Committee has been referring to section 148(1)(b) and (c) of the Shipping Act, 1994–2015, under which seafarers may be imprisoned for one month and three months, respectively, if guilty of wilful disobedience, or continued wilful disobedience, to any lawful command. Section 149(a) and (b) of the Shipping Act provides that deserting seafarers or seafarers absent without leave may be imprisoned for three and two months, respectively. Moreover, the Committee noted that, pursuant to section 64 of the Prison Rules, 1974, sentences of imprisonment require prisoners to work. It hoped that measures would be taken to re-examine these sections of the Shipping Act, with a view to ensuring that no penalties of imprisonment involving compulsory labour may be imposed for violations of labour discipline. The Committee had also noted the Government’s statement that these provisions of the Shipping Act have never been applied in practice.

The Committee notes the Government’s statement that the Barbados Cabinet Committee on Governance has considered a paper from the Ministry of International Transport proposing that the Shipping Act Cap. 296 be amended to remove sections 148(1)(b) and (c), and 149(a) and (b) and that the Chief Parliamentary Counsel be instructed to take the requisite action. Additionally, a paper regarding this matter is now under preparation for submission to the full Cabinet to remove any issues that contravene the Convention.

The Committee takes due note of the Government’s statement and referring to paragraph 312 of its General Survey of 2012 on the fundamental Conventions, it recalls that Article 1(c) of the Convention expressly prohibits the use of any form of forced or compulsory labour as a means of labour discipline and that the punishment of breaches of labour discipline with sanctions of imprisonment (involving an obligation to perform labour) is incompatible with the Convention. Observing that the above provisions of the Shipping Act have been the subject of comments for a considerable number of years, the Committee trusts that the Government will take the necessary measures as soon as possible to bring the legislation into conformity with the Convention and the indicated practice. It requests the Government to provide information on the progress made in this regard.

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 1–3 of the Convention. Legislative protection against discrimination. The Committee had previously noted that the Employment Rights Act 2012, while protecting workers against unfair dismissal on all the grounds enumerated in Article 1(1)(a) and certain additional grounds under Article 1(1)(b) of the Convention, did not ensure full legislative protection against both direct and indirect discrimination for all workers in all aspects of employment and occupation. The Committee previously asked the Government to address the protection gaps in the legislation. The Committee notes that the Government in its report merely restates the constitutional provisions on equality, and the protections afforded by the Employment Rights Act 2012. The Government also maintains that no distinctions, exclusions, or preferences based on the prohibited grounds set out in Article 1(1)(a) or on any additional grounds determined in accordance with Article 1(1)(b) exist in the country, and that no discrimination cases have been reported. Regarding the presumed absence of discrimination, the Committee considers that it is essential to acknowledge that no society is free from discrimination, and that continuous action is required to address discrimination in employment and occupation, which is both universal and constantly evolving (see 2012 General Survey on the fundamental Conventions, paragraphs 731 and 845). Noting that the Employment (Prevention of Discrimination) Bill 2016 is still in draft form, the Committee urges the Government to take steps, without further delay, to address the protection gaps in the legislation, and to ensure that the anti-discrimination legislation expressly defines and prohibits direct and indirect discrimination in all aspects of employment and occupation, for all workers, and on all the grounds set out in the Convention. The Committee also repeats its request to the Government to provide information on the steps taken to ensure that all workers are being protected in practice against discrimination not only with respect to dismissal but with respect to all aspects of employment and occupation, on the grounds set out in the Convention. Such measures could include public awareness raising aimed at, or in cooperation with, workers and employers and their organizations, or the development of codes of practice or equal employment opportunities guidelines to generate broader understanding on the principles enshrined in the Convention. Noting with regret that for several years the Government has not provided any information on the action taken to promote and ensure equality of opportunity and treatment with respect to race, colour and national extraction, and to eliminate discrimination in employment and occupation on these grounds, the Committee urges the Government to provide such information without delay, including any studies or surveys on the labour market situation of the different groups protected under the Convention.

Article 1(1)(a). Discrimination on the grounds of sex. Sexual harassment. The Committee previously noted the absence in the Employment Rights Act 2012 of provisions protecting workers against sexual harassment. The Committee notes the Government’s indication that the proposed Sexual Harassment in the Workplace Bill will define and prohibit both quid pro quo and hostile environment sexual harassment and provide for a tribunal to hear complaints and determine matters related to sexual harassment. The Committee urges the Government to take steps to ensure that the draft Sexual Harassment in the Workplace Bill is adopted speedily and that it will define and prohibit sexual harassment (both quid pro quo and hostile environment harassment) in all aspects of employment and occupation, and asks that the Government provide a copy of the latest version of the Bill, or as enacted, with its next report.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 2 and 3 of the Convention. Equality of opportunity and treatment between men and women. National gender policy. The Committee notes from the statistics published by the Barbados Statistical Service for 2015 (Labour Force Survey) the significant occupational gender segregation within the labour market. The statistics on gender distribution by occupational group show that the number of women workers is more than double that of men workers in services and that there are over four times more women than men working as clerks. Women professionals significantly outnumber their male counterparts. In contrast, men largely dominate among “crafts and related workers” and “machine operators”, and represent a significantly higher proportion of workers in “elementary occupations”. With regard to gender distribution by industry, women tend to predominate in “accommodation and food services”, where there are almost double the number of men. At least twice as many women than men are employed in the “finance and insurance” sector and in “education”. In “human health and social work”, the number of women employees is almost six times higher than the number of men employees. The number of women household employees is almost four times higher than men. In contrast, men tend to predominate in the “construction, mining and quarrying” and “transportation and storage” sectors. The Committee notes that the National Employment Policy recognizes that discrimination and gender roles constructed in society, as well as the establishment of traditionally “female and male” occupations, can perpetuate gender inequality. The policy emphasizes the need for measures to promote women in non-traditional occupations and to promote a work–family balance for all employees, including through measures promoting flexible work arrangements, and through increased childcare assistance and flexible technical and vocational education and training (TVET) programmes. The Committee further notes the Government’s indication in its report that the National Policy on Gender, which is still under review by the Ministry of Social Care, Constituency Empowerment and Community Development, includes a section on employment covering areas such as unpaid work, parental leave, health and safety issues, informal economy, minimum wages, increased opportunities for both men and women in non traditional occupations, non-discrimination and data collection. In these circumstances, the Committee urges the Government to take the necessary steps to ensure that the National Policy on Gender is adopted without any further delay and its implementation commenced rapidly. The Committee asks the Government to provide a copy of the most recent version of the Policy and information on any progress made. The Committee also asks the Government to provide information on the specific measures adopted and results achieved to address occupational gender segregation in the labour market, and particularly to increase opportunities for men and women to access occupations in which they are under-represented and to promote work – family balance for all employees.

Article 3(e). Access to education, vocational training and guidance. The Committee notes from the statistics of the Barbados Statistical Service for 2013, that women graduates dominate in two of the country’s more recognized tertiary institutions, namely the University of the West Indies and the Barbados Community College, while in the TVET institutions, men accounted for over 60 per cent of graduates in 2013. The Committee asks the Government to provide up-to-date information on the distribution of men and women in the different educational and vocational training institutions, with an indication of the types of courses which they are taking. It also asks the Government to identify the steps taken or envisaged to increase the number of male and female graduates in a wider variety of courses, particularly courses in which they are traditionally under-represented.

Enforcement. In its previous comment, the Committee noted that the Employment Rights Act of 2012 established the Employment Rights Tribunal, which can receive complaints in respect of unfair dismissals and can issue orders for reinstatement as well as compensation. It notes the Government’s indication that the Tribunal has started to hear cases, but that none so far have been related to discrimination. The Committee further notes the Government’s general indication that the Department of Labour received training in prosecutorial procedures in 2010. The Committee recalls that where no, or very few, cases or complaints exist or are being lodged, this is likely to indicate the lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The Committee urges the Government to provide information on the steps taken to further enhance the capacity of the competent authorities, including judges, members of the Employment Rights Tribunal, labour inspectors and other public officials, to identify and address cases of discrimination. It also reiterates its request to the Government to examine whether the applicable substantive and procedural provisions allow claims to be brought successfully in practice. The Government is also asked to provide the texts of relevant decisions of the courts and the Employment Rights Tribunal involving issues relating to the principles contained in the Convention.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 1 and 2 of the Convention. Implementation of an active employment policy. The Committee notes the adoption in 2012 of a National Employment Policy which is aligned with the National Strategic Plan of Barbados 2005–25, as well as that of a Human Resource Development Strategy in 2014. The Government indicates that the major policies and measures pursued over the period 2013–20 are outlined in the Medium-Term Growth and Development Strategy (MTDS). As regards the measures taken or envisaged in order to integrate particular categories of workers in the labour market, the Committee notes that the National Employment Policy provides for key areas of intervention targeting persons with disabilities, youth, women, workers in the informal economy, and migrants. The Committee also notes the Government’s indication that the measures taken by the Ministry of Social Care, Constituency Empowerment and Community Development to meet the needs of particular categories of the workforce, including women, young persons, older workers and persons with disabilities have not yet been evaluated. The Government also indicates that, as part of the Medium-Term Growth and Development Strategy, reviews are conducted regarding the performance of individual ministries. The Committee further notes that, according to the Continuous Household Labour Force Survey estimates for the first quarter of 2016, the unemployment rate stood at 9.3 per cent (8.7 per cent for men and 10 per cent for women). This represents an overall decrease of 2.5 percentage points in the unemployment rate as compared to the corresponding quarter of 2015 (3.4 percentage points in the case of men and 1.6 percentage points in the case of women). The labour force participation stood at 65.3 per cent (69.6 for men and 61.4 for women) for the same period, representing an increase of 0.3 percentage points when compared to the corresponding quarter of 2015. The Committee reiterates its request that the Government provide information on the impact of the active measures taken for promoting employment on reducing unemployment and underemployment and increasing employment levels within the framework of a coordinated economic and social policy. It further requests the Government to provide information on the results of the ministerial reviews conducted in the context of the Medium-Term Growth and Development Strategy. The Committee also requests the Government to provide detailed information on the impact of the measures taken to address the needs of particular categories of workers, such as women, young people, older workers and workers with disabilities.

Education and vocational training. The Government states that the overall objective of the Human Resource Development Strategy is to support efforts to increase competitiveness, promote sustainable growth and alleviate poverty. The Strategy aims to provide a framework for strengthening human resources and skills development, improving employability and productivity of Barbadian workers. The Strategy identifies five pillars of strategic intervention: an enabling environment, a national qualifications framework, a demand-driven educational system, a knowledge management system, and enhanced research, innovation and entrepreneurship. The Committee requests the Government to provide information on the measures taken or envisaged to improve the education and training system and to enhance its labour market relevance so as to better align the demand and supply of skills.

Article 3. Participation of the social partners. The Government indicates that the Social Partnership engages in tripartite discussions on a quarterly basis to consider social and economic issues that confront the country. In addition, the social partners participate in a national consultation on the economy which is convened on an annual basis and features representatives across all economic sectors. The Government indicates that the social partners’ “willingness to pursue a joint approach to the formulation of policies to the solving of problems and to the management of a process of change and social development” is evidenced by a number of Protocols that have been initiated by leaders of employers’ and workers’ organizations. The Committee requests the Government to provide examples of the manner in which the views of the social partners are taken into account in the development, implementation and review of employment policies and programmes. The Committee also requests the Government to provide information regarding the Social Partnership Protocols in force as well as their scope of application. It further requests the Government to provide information on whether consultations are carried out with representatives of persons working in rural areas and the informal economy.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that the most recent Standing Tripartite Committee was appointed for a period of three years, effective from 27 October 2014. The Committee notes with interest the minutes of the Standing Tripartite Committee meetings convened on 1 September 2015 and 28 September 2016. In 2015, the Standing Tripartite Committee discussed and completed the report form for the 2015 General Survey concerning the right of association and rural workers’ organizations instruments, whereas in 2016, it discussed completion of the report form for the 2017 General Survey concerning the occupational safety and health instruments, as well as the contents of the reports on ratified Conventions to be made to the ILO in 2015 and 2016, as recorded in the minutes of the meetings respectively convened on 1 September 2015 and 28 September 2016. The Committee requests the Government to continue to provide information, including minutes of the Standing Tripartite Committee meetings, on the content and outcome of tripartite consultations held on all matters concerning international labour standards covered by the Convention, particularly with regard to the submission to the competent authorities of Conventions and Recommendations (Article 5(1)(b)), and the re-examination of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)).

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 5 of the Convention. Monitoring mechanisms. Collaboration between inspection services and law enforcement officials. The Committee previously noted that the Barbados Workers’ Union expressed concern that persons under the age of 18 years were being abused in the areas of procurement for prostitution and pornography, as well as in the procurement for work in the illicit drug trade, and indicated that the inspection and monitoring systems should be strengthened. The Government recognized the need for greater collaboration between the police and the Labour Department, and stated that consideration was being given to having labour officers visit areas such as red-light districts with the necessary support from law enforcement officials. The Committee also noted the Government’s indications that a National Task Force on the Prevention of Trafficking in Persons was established to coordinate the Government’s response to prevention, detection and prosecutions in cases of child trafficking. However, no written protocol was developed yet to facilitate inter-agency operations.

The Committee notes the Government’s information in its report that procurement for prostitution and pornography are currently outside the purview of the Labour Department, and no specific action was taken to visit red-light districts. The Government indicates, however, that following the enactment of the Trafficking in Persons Prevention Act 2016-9, a National Task Force consisting of different agencies is in place. The Government also states that national agencies carry out their work in law enforcement in areas under their mandate and collaborate as necessary. Referring to paragraph 626 of its General Survey on the fundamental Conventions of 2012, the Committee observes that, due to the multidimensional nature of the worst forms of child labour, several different monitoring institutions play an important role in this regard. The Committee considers that collaboration and information sharing between these various institutions is essential for preventing and combating worst forms of child labour. The Committee therefore requests the Government to take the necessary measures to improve the cooperation between different national agencies in this regard. It also requests the Government to provide detailed information on the activities carried out by the labour administration, the law enforcement agencies and the National Task Force in relation to their cooperation to eliminate the worst forms of child labour, as well as on any results achieved.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Victims of trafficking. The Committee previously noted that, pursuant to section 13(3) of the Transnational Organized Crime (Prevention and Control) Act of 2011, a person who is convicted of trafficking may be ordered to pay restitution to the victim and that this restitution may include (pursuant to section 13(4)) costs of medical and psychological treatment as well as costs of rehabilitation. The Government stated that in 2013, there was one case involving child trafficking, while there was no record of any victim of trafficking being provided with restitution in the form of costs for medical and psychological treatment as well as rehabilitation.

The Committee notes that, pursuant to section 11 of the Trafficking in Persons Prevention Act 2016-9 (repealing the Transnational Organized Crime (Prevention and Control) Act of 2011), the court may order the convict to pay restitution to the victim. Moreover, a victim of trafficking who is not a national of Barbados and his/her accompanying dependent children may be allowed to stay in Barbados for a certain period, and receive benefits such as housing, safe shelter, education and training opportunities, psychological counselling, medical service and legal assistance (section 18). Special consideration shall be given to a child victim in a manner that is in the child’s best interests and appropriate to the situation (section 21). The Government indicates that, to date, the Labour Department has no information on the implementation of the Act in practice since its entry into force. The Committee notes that, in its concluding observations of 2017, the Committee on the Elimination of Discrimination against Women (CEDAW) was particularly concerned about the lack of information on the support and rehabilitation services and specialized shelters available to victims of trafficking. The Committee therefore requests the Government to provide information on the application in practice of sections 11, 18 and 21 of the Trafficking in Persons Prevention Act 2016-9, particularly regarding any child victims of trafficking who have received restitution from perpetrators and assistance for their rehabilitation and social integration.

Application of the Convention in practice. The Committee previously noted the Government’s statement that the main challenge facing Barbados is a scarcity of data on the worst forms of child labour. The Committee observed that the last study conducted on this subject in Barbados was in 2002, which found the presence of several of the worst forms of child labour. The Government had not been able to gather any data on the nature and trends of the worst forms of child labour since then.

The Committee notes the Government’s information that no instances of child labour have been detected as a result of inspection activities by the Labour Department. The Committee also notes that, in its concluding observations of 2017, the CRC was concerned about the lack of data on the extent of child labour, as well as at the weak mechanism of child labour inspection (CRC/C7/BRB/CO/2, paragraph 57). Recalling the importance of statistical information in assessing the application of the Convention in practice, the Committee requests the Government to strengthen its efforts to ensure that statistical data, on the nature, extent and trends of the worst forms of child labour in Barbados, is made available in the near future. To the extent possible, all information provided should be disaggregated by gender and age.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 3(a) of the Convention. Worst forms of child labour. Sale and trafficking of children. The Committee previously noted the adoption of the Transnational Organized Crime (Prevention and Control) Act in 2011, section 8 of which criminalizes the trafficking of persons for the purposes of labour and sexual exploitation.

The Committee takes due note of the Government’s information in its report that the Transnational Organized Crime (Prevention and Control) Act of 2011 was repealed and replaced by the Trafficking in Persons Prevention Act 2016-9, which contains comprehensive provisions addressing the issue of trafficking. According to section 4, the trafficking of children for labour and sexual exploitation is punishable by a fine of 2 million Barbadian dollars (BBD) (about US$990,099), life imprisonment or both. The Committee notes, however, that according to the Government’s written replies to the list of issues of the Committee on the Elimination of Discrimination against Women (CEDAW) of 2017, since 2015, no new arrests and charges have been made in relation to trafficking (CEDAW/C/BRB/Q/5-8/Add.1, paragraph 52). In its concluding observations of 2017, the CEDAW expressed its concern that Barbados remains both a source and a destination country for women and girls, including non-nationals, who are subjected to trafficking for purposes of sexual exploitation and forced labour, as a result of high unemployment, increasing levels of poverty and the weak implementation of anti-trafficking legislation. The CEDAW was also concerned about the lack of information on the number of complaints, investigations, prosecutions and convictions related to the trafficking of women and girls (CEDAW/C/BRB/CO/5-8, paragraph 25). The Committee on the Rights of the Child (CRC) similarly expressed its concern at the high level of internal trafficking of children, the lack of information on the situation in general and the lack of effective measures to address and prevent the sale and trafficking of children in its concluding observations of 2017 (CRC/C/BRB/CO/2, paragraph 58). The Committee therefore requests the Government to take the necessary measures to ensure the effective implementation of the Trafficking in Persons Prevention Act 2016-9, particularly in relation to the trafficking of children. It also requests the Government to provide information on the application of section 4 of the Act in practice, including the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed.

Articles 3(d) and 4(1). Determination of hazardous work. The Committee previously noted that, while section 8(1) of the Employment (Miscellaneous Provisions) Act prohibits the employment of a young person in any work that by its nature or the circumstances in which it is done is likely to cause injury to his/her health, safety or morals, the national legislation does not contain a determination of these types of work, as required under Article 4(1) of the Convention. The Government indicated that the formulation of a list of types of hazardous work prohibited to persons under 18 years of age was being considered. The Committee also noted that the Safety and Health at Work Act 2005 entered into force in January 2013 and that draft regulations under the provisions of this were forwarded for comments to the representative employers’ and workers’ organizations.

The Committee notes the Government’s repeated indication that the types of hazardous work prohibited to persons under 18 years of age are addressed in specific pieces of legislation, including the Factories Act, the Pesticide Control Regulations, the Protection of Children Act and the Employment (Miscellaneous Provisions) Act. However, the Committee observes that these provisions together do not constitute a comprehensive determination of the types of hazardous work prohibited for persons under 18 years of age. The Committee also notes the Government’s statement that none of the draft regulations under the Safety and Health at Work Act deal with this issue. Considering that it has been referring to this issue since 2004, the Committee must express its deep concern at the absence of a comprehensive list of the types of hazardous work prohibited for children. The Committee once again draws the Government’s attention to Article 4(1) of this Convention, according to which the types of work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee therefore urges the Government to take the necessary measures to ensure that the determination of types of hazardous work prohibited for persons under the age of 18 is included in national legislation, after consultation with the organizations of employers and workers concerned, and to provide information on any progress made in this regard.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes the detailed report of the Government received in November 2013 and asks the Government to provide previously requested information concerning the adjustment of invalidity and old-age benefits (Article 29 of the Convention) and lowering of pension age in arduous or unhealthy occupations (Article 15(3)).

The Committee had noted the comments made by the International Trade Union Confederation (ITUC) in a communication received on 31 August 2014. The Committee requests once again the Government to provide its comments in this respect.

Articles 1 and 3 of the Convention. Protection against acts of anti-union discrimination. The Committee had previously noted that the new Employment Rights Act (ERA) only covered cases of anti-union dismissals (section 27) and limited this protection to employees continuously employed for a period of over one year. The Committee had recalled that the Government had adequate protection against acts of anti-union discrimination which should not be confined to penalizing dismissal on anti-union grounds, but should cover all acts of anti-union discrimination (demotions, transfers and other prejudicial acts) at all stages of the employment relationship, regardless of the employment period, including at the recruitment stage, and had therefore requested the Government to amend the new Act so as to bring it into conformity with the Convention. The Committee notes that the Government reiterates that section 40A of the Trade Union Act provides protection against acts of anti-union discrimination stating that an employer who dismisses a worker or adversely affects the employment or alters the positions of a worker to his prejudice because that worker takes part in trade union activities is guilty of an offence. The Committee welcomes the Government’s indication that under the proposed Employment (Prevention and Discrimination) Act, which is currently in an advanced stage of preparation, a person discriminates against another when that person on a ground specified (subsection (2)) creates an exclusion or shows a preference, the intent or effect of which is to subject the other person to any disadvantage, restrictions or other detriment, and that the Government will take immediate steps to include “trade union membership or trade union status” as a ground established in subsection (2). The Government further indicates that under the proposed Act, the Employment Rights Tribunal will have the power to make a range of orders, including paying to the complainant a compensation in an amount that may include exemplary damages. The Committee trusts that the new legislation will soon be adopted and will ensure adequate protection against all acts of anti-union discrimination. It requests the Government to provide information on any progress made in this respect.

In its previous comment, the Committee had further noted that while sections 33–37 of the new ERA provided for the possibility of reinstatement, re engagement and compensation, the maximum amount of compensation awarded to workers who have been employed for less than two years is five-weeks wages, which, depending on the number of years of continuous employment, is increased by between two-and-a-half and three-and-a-half weeks wages for each year of that period (Fifth Schedule). The Committee had considered that the prescribed amounts do not represent sufficiently dissuasive sanctions for anti-union dismissal, and had therefore requested the Government to take the necessary measures to amend the Fifth Schedule of the new ERA so as to bring the compensation amount to an adequate level. The Committee notes the Government’s indication that it is proposing an amendment to the ERA that: (i) would allow the Chief Labour Officer to lodge cases before the Employment Rights Tribunal which may include persons employed for less than one year and where anti-union discrimination is being alleged; and (ii) gives power to the Tribunal to order an amount not exceeding 52 weeks’ wages. The Committee recalls that the compensation envisaged for anti-union dismissal should: (i) be higher than that prescribed for other kinds of dismissal, with a view to the effective dissuasion of this type of dismissal; and (ii) be adapted in accordance with the size of the enterprises concerned (it has considered, for example, that while compensation of up to six months’ wages may be a deterrent for small and medium-sized enterprises, that is not necessarily the case for highly productive and large enterprises). The Committee trusts that the Government will take all the necessary measures to amend the ERA in line with the principles set out above, and requests the Government to provide information on any development in relation to the envisaged legislative amendment and its application in practice.

Article 4 of the Convention. Promotion of collective bargaining. The Committee has previously requested the Government to take measures to ensure that, if no union represents the required percentage of workers (50 per cent in Barbados) to be declared the exclusive bargaining agent, collective bargaining rights should be granted to all the unions in the unit, at least on behalf of their own members.

The Committee notes that the Government once again states that more than one union can and does gain recognition as the accredited bargaining agent for the respective bargaining units within a particular workplace, as it is a standard practice under the process of volunteerism. While taking due note of this information, the Committee requests the Government to provide exhaustive information on the possibility for unions to enjoy collective bargaining rights in cases where there is no union representing 50 per cent of the workers concerned, and in particular to give additional concrete examples of collective agreements signed under the above-mentioned circumstances.

Promotion of collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements concluded and in force in the country, the sectors concerned and the number of workers covered by these agreements.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It further notes that the Government has previously ratified three maritime labour Conventions, which have been denounced as a consequence of the entry into force of the MLC, 2006, for Barbados. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for Barbados on 18 January 2017 and 8 January 2019 respectively. The Committee notes the efforts undertaken by the Government to implement the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Article I of the Convention. General obligations. Implementing measures. The Committee notes that the Government has not adopted new laws or regulations to give effect to the provisions of the Convention after its ratification. The Government refers to a number of information bulletins which are however not legally binding. The Committee recalls that according to Article I, each Member which ratifies the MLC, 2006, undertakes to give complete effect to its provisions to secure the right of all seafarers to decent employment. The Committee hopes that the Government will make concrete progress in adopting laws and regulations in the near future to ensure compliance with the Convention.

Article II, paragraphs 1(f), 2, 3 and 7. Definitions and scope of application. Seafarers. National determination. The Committee notes that the Barbados Shipping Act of 1994, Chapter 296 states in section 2 (Definitions), point (pp) that “seafarer” includes a master, officer and any other category of crew; and in point (qq) that “seaman” means every person employed or engaged in any capacity on board a vessel, except: (i) the master; (ii) a person not belonging to the ship’s crew, who has the conduct of the vessel as a pilot; (iii) a person temporarily employed in the ship while in port; and (iv) an apprentice, unless otherwise expressly provided for in subsection (2). The Committee recalls that Article II(f) defines seafarer as “any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies”, without any distinction with regard to the role of these persons on board. Noting that, the Barbados Shipping Act distinguishes between seafarer and seaman and excludes the master from the definition of the latter, the Committee requests the Government to indicate how it ensures that the protection afforded by the Convention is guaranteed to all seafarers within the meaning of the Convention, including the master.

Article II, paragraphs 1(i), 4, 5 and 7. Definitions and scope of application. Ships. National determination. The Committee notes that Barbados Maritime Ship Registry (BMSR) Information Bulletin No. 203 (Implementation of the Maritime Labour Convention 2006) states that “MLC 2006 applies to all seafarers and all ships, whether publicly or privately owned, ordinarily engaged in commercial activities, except as specified below. BMSR has determined that the following will not be considered ships for the purpose of application of the requirements of MLC 2006: i. Offshore units whose primary service is drilling operations for the exploration, exploitation or production of resources beneath the sea-bed and are not ordinarily engaged in navigation or international voyages; ii. Yachts of less than 24 metres in length; iii. Yachts in non-commercial use of any size.” The Committee recalls that yachts of less than 24 metres in length, ordinarily engaged in commercial activities, fall within the scope of application of the Convention. Indeed, the Convention applies to all ships as defined in paragraph 1(i) of Article II, other than those expressly excluded under paragraph 4. The Committee further recalls that Article II, paragraph 6 provides additional flexibility with respect to the application of “certain details of the Code” to ships of less than 200 gross tonnage that do not voyage internationally. The Committee underlines, however, that Article II, paragraph 6, does not provide for the exclusion of a category of ships from the protection offered by the Convention. The Committee therefore requests the Government to indicate the measures taken to ensure that the Convention applies to all commercial yachts, including those of less than 24 metres.

Article III. Fundamental rights and principles. The Committee notes that, in relation to the elimination of discrimination in respect of employment and occupation, the Government indicates that while the Employment Rights Act of 2012 contains protection against discrimination relating to termination of employment (unfair dismissal), there is no legislation eliminating discrimination during the recruitment and selection process. A draft bill is being prepared to address this issue. The Committee requests the Government to provide information on any developments in this regard indicating how it has satisfied itself that its laws and regulations respect, in the context of the Convention, the fundamental right to the elimination of discrimination in respect of employment and occupation.

Article VII. Consultations. The Committee notes that there is no seafarers’ association to date in Barbados. The Committee recalls that under Article VII, any derogation, exemption or other flexible application for which the Convention requires consultations may, where representative organizations of shipowners or of seafarers do not exist within a Member, only be decided through consultation with the Special Tripartite Committee established in accordance with Article XIII of the Convention. Until a seafarers’ organization is established in the country, the Committee requests the Government to have recourse to the consultative arrangement provided for in Article VII.

Apprentices. As noted above, the Barbados Shipping Act of 1994 Chapter 296 states in section 2 (Definitions), point (qq) that “seaman” means every person employed or engaged in any capacity on board a vessel, except … (iv) an apprentice, unless otherwise expressly provided for in subsection (2); subsection (2) states that “For the purposes of this Act, a reference to seamen includes apprentices in sections 99 to 102; 104 to 110; 112 to 126; 128 to 134; 136; 142; 144 to 152; 154; 156 to 158; 161; 167 to 174; 176 to 181; 183 to 192. The Committee recalls that, in accordance with Article II, paragraph 1(f), the term “seafarer” means any person who is employed or engaged or works in any capacity on board a ship to which the Convention applies. The Committee considers that obtaining on-board training for the purpose of becoming a seafarer by definition implies working on board and, as a result, no question of doubt can arise concerning the fact that apprentices are to be regarded as seafarers for the purpose of the Convention. The Committee therefore requests the Government to adopt the necessary measures to ensure that apprentices are regarded as seafarers and that they enjoy the protection provided for by the Convention. The Committee recalls that, as foreseen in Article VI, paragraph 3, governments, in consultation with social partners, could agree on substantial equivalent measures applicable to apprentices where needed, in accordance with the Convention.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee notes that pursuant to section 103(1) of the Barbados Shipping Act of 1994 Chapter 296, no person shall employ an individual under the age of 16 years to work on board any Barbadian ship unless: (a) he is employed upon work approved by the Registrar on board a school ship or training ship; or (b) the Registrar certifies that he is satisfied, having due regard to the health and physical condition of the individual and to the prospective and immediate benefit to him of the employment, that the employment will be beneficial to him. The Committee recalls that Regulation 1.1 and Standard A1.1, paragraph 1, of the MLC, 2006 prohibit, without exception, the employment, engagement or work on board a ship covered by the Convention of any person under the age of 16 years. The Committee requests the Government to adopt the necessary measures to ensure full conformity with this provision of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes that, pursuant to section 103(4) of the Barbados Shipping Act of 1994 Chapter 296, no individual under the age of 18 years may be employed to work in the engine room of any vessel unless he is an apprentice working under supervision. Also, pursuant to section 8(1) of the Barbados Employment (Miscellaneous Provisions) Act Chapter 346, “… no young person shall be employed in … any work that by its nature or the circumstances under which it is done is likely to cause injury to his health, safety or morals”. The Committee notes, however, that the Government has not determined the types of work likely to jeopardize the health or safety of seafarers under the age of 18 years. The Committee recalls that pursuant to Standard A1.1, paragraph 4, the types of such work shall be determined by national laws or regulations or by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned, in accordance with relevant international standards. Noting that the Committee has been referring to the need to adopt the list of hazardous work since 2004 in the context of the implementation of the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee requests the Government to take the necessary measures to ensure full compliance with this requirement of the Convention.

Regulation 1.2 and the Code. Medical certificate. The Committee observes that while the Barbados Shipping Act of 1994, Chapter 296 prohibits the employment of persons under the age of 18 years without a medical certificate, the law does not contain a similar requirement for seafarers above that age. The Committee therefore requests the Government to indicate the measures taken to fully comply with Regulation 1.2, paragraph 2, according to which seafarers shall not work on a ship unless they are certified as medically fit to perform their duties.

The Committee notes the Government’s indication that medical certificates issued in accordance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), as amended, are to be accepted as meeting the requirements of the MLC, 2006. The Government indicates that STCW is listed in section 312 of the Barbados Shipping Act of 1994, Chapter 296 and, thus, it has the force of national law. The Committee notes that, as stated in MLC, 2006, Standard A1.2, paragraph 3, a medical certificate issued in accordance with the requirements of STCW shall be accepted by the competent authority, for the purpose of Regulation 1.2. Also, a medical certificate meeting the substance of those requirements, in the case of seafarers not covered by STCW, shall similarly be accepted. However, while noting the Government’s indication that, to date, there are no active seafarers and that medical certificates are not issued in Barbados, the Committee is obliged to draw the Government’s attention to the need to adopt laws and regulations which would ensure substantial equivalence with respect to the specific requirements set by Regulation 1.2 and the Code of MLC, 2006. The Barbados Shipping Act of 1994, Chapter 296 does not include any provisions in relation to: the requirements concerning the nature of the medical examination and the right of appeal (Standard A1.2, paragraphs 2 and 5 of MLC 2006); the requirements concerning persons who can issue medical certificates and any certificate solely concerning eyesight (Standard A1.2, paragraph 4); the periods of validity for medical and colour vision certificates (Standard A1.2, paragraphs 7 and 8), except for section 103(3) which refers only to young persons.

The Committee also notes that the provisions of the Merchant Shipping (Medical Examination) Regulations, 1983, 1985 and 1990, listed in the Barbados Shipping Act of 1994, Chapter 296 are not substantially equivalent to MLC, 2006, Regulation 1.2 and the Code. They apply to ships of over 1,600 GRT, whereas MLC, 2006, allows only for the exclusion of vessels of less than 200 GRT (Article II(6) of MLC, 2006); also, they require an examination every five years for seafarers under 40 years of age whereas the Convention requires such examination to be made every two years for all seafarers. While noting the information included in the model Form 139 – MLC – DMLC Part I as well as the BMSR Information Bulletins No. 228 (Update to Bulletin No. 203 Annex 2), and Information Bulletin No. 206 (MLC 2006 Seafarers Recruitment and Placement Agents), the Committee requests the Government to adopt specific legislation which would ensure substantial equivalence with Regulation 1.2 and the Code of MLC, 2006. Finally, the Committee requests the Government to provide an example of standard wording in medical certificates.

Regulation 2.1 and the Code. Seafarers’ employment agreements. The Committee notes the information provided by the Government in relation to crew agreements. The Committee notes however that the provisions included in sections 99–103 and 105 of the Barbados Shipping Act of 1994, Chapter 296 and the information and guidelines included in section 4 of the Barbados Ship-Master’s Guide are not in line with the provisions of MLC, 2006 regulating Seafarers’ Employment Agreements (SEA). The Committee notes that the crew agreements are additional to and separate from the SEA provided in the Convention. While noting BMSR Information Bulletin No. 203 Annex 5 (Model Format for Seafarer Employment Agreement), BMSR Information Bulletin No. 206 (MLC 2006 Seafarers Recruitment and Placement Agents) as well as model Form 139 – MLC – DMLC Part I section 4, the Committee requests the Government to adopt specific legislation to give effect to the specific requirements set by Regulation 2.1 and the Code of MLC, 2006. The Committee also requests the Government to provide: (a) an example of the approved document for seafarers’ record of employment (Standard A2.1, paragraphs 1 and 3); and (b) the relevant portion of any applicable collective bargaining agreement (Standard A2.1, paragraph 2(b)).

Regulation 2.2 and Standard A2.2, paragraphs 1 and 2. Wages. Regular payment. Monthly accounts. The Committee notes that pursuant to section 107 of the Barbados Shipping Act of 1994, Chapter 296, “the master or owner of a foreign-going Barbadian ship shall pay to each seaman belonging to that ship the wages of the seaman, if demanded, within 2 days after the arrival of the ship at the port where the crew is to be discharged, or upon the seaman’s discharge, whichever happens first.” Also, pursuant to section 108 of the Barbados Shipping Act of 1994, Chapter 296 “The master of a Barbadian ship shall, before paying off or discharging a seaman, deliver at the time and in the manner provided by this Act, a full and true account of the seaman’s wages and of all deductions to be made therefrom for any reasons whatever. The account shall be delivered to the seaman not less than 24 hours before his payment or discharge.” The Committee notes, however, that pursuant to Standard A2.2, paragraph 1 of the Convention, seafarers must be paid at no greater than monthly intervals and in full for their work in accordance with their employment agreements and any applicable collective agreement. It also notes that pursuant to Standard A2.2, paragraph 2, of the Convention, seafarers are entitled to an account each month indicating their monthly wage and any authorized deductions. The Committee accordingly requests the Government to indicate how it gives effect to Standard A2.2, paragraphs 1 and 2 of the Convention.

Regulation 2.2 and Standard A2.2, paragraphs 3, 4 and 5. Wages. Allotments. The Committee notes the absence of information on the currency exchange rate applicable to allotments. The Committee requests the Government to provide information with respect to any requirements it has adopted to ensure that the currency exchange rate is at the prevailing market rate or the official published rate and not unfavourable to the seafarers as required by Standard A2.2, paragraph 5.

Regulation 2.2 and the Code. Wages. The Committee notes that the Barbados Shipping Act of 1994, Chapter 296 does not give effect to the detailed requirements of Regulation 2.2 and Standard A2.2. While noting the information included in the model Form 139 – MLC – DMLC Part I, the Committee requests the Government to adopt the necessary measures to ensure the conformity of its legislation with these provisions of the Convention.

Regulation 2.3 and the Code. Hours of work and hours of rest. The Committee notes that the requirements in Barbados implementing Regulation 2.3 are based on minimum hours of rest as per section A-VIII/1 of the STCW78/95 Code as well as Shipping (Safe Manning, Watchkeeping and Hours of Work) Regulations 2001 (Statutory Instrument No. 44), which are both applicable to Barbados. The Committee notes, however, that sections 7 and 8 of the Shipping (Safe Manning, Watchkeeping and Hours of Work) Regulations 2001 do not regulate specific hours of rest for all seafarers. Instead, according to section 9 of the Shipping (Safe Manning, Watchkeeping and Hours of Work) Regulations 2001, the “rest” provisions apply only to watchkeeping officers and not to all seafarers as required by Regulation 2.3 paragraphs 1 and 2. Therefore, the Committee requests the Government to indicate how it gives full effect to these provisions of the Convention.

The Committee also notes that Standard A2.3, paragraph 3, provides that each Member acknowledges that the normal working hours’ standard for seafarers, like that for other workers, shall be based on an eight-hour day with one day of rest per week and rest on public holidays. In the absence of information, the Committee requests the Government to indicate how it gives effect to Standard A2.3, paragraph 3.

The Committee notes that section 9 of the Shipping (Safe Manning, Watchkeeping and Hours of Work) Regulations 2001 regulates a schedule for duties and hours of work/rest only in relation to watchkeeping officers and not to all seafarers as required by Standard A2.3, paragraphs 10, 11 and 12 of the Convention. The Committee accordingly requests the Government to indicate how it gives full effect to Standard A2.3, paragraphs 10, 11 and 12 of the Convention.

Regulation 2.4 and the Code. Entitlement to leave. The Committee notes that section 127 of the Barbados Shipping Act of 1994 Chapter 296 is not in conformity with the Convection. Indeed, pursuant to section 127(1) “Every person is entitled after 12 months of continuous service on a Barbadian ship for the same employer, or pro rata if the period served is less than 12 months, to an annual vacation-holiday with pay, the duration of which must be (a) in the case of master and officers, not less than 18 working days; and (b) in the case of other members of the crew, not less than 12 working days.” Pursuant to section 127(4) “In addition to the entitlement under subsection (1), every member of the crew of a Barbadian ship is entitled to 11 days annual leave in lieu of public holidays, and where the length of continuous service is less than 12 months, then the annual paid leave must be pro rated.” The Committee recalls that pursuant to Standard A2.4, paragraph 2, the annual leave with pay entitlement shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment. It further recalls that according to Guideline B2.4, paragraph 4, public and customary holidays recognized as such in the flag State whether or not they fall during the annual leave with pay should not be counted as part of annual leave with pay. While noting the information included in the model Form 139 – MLC – DMLC Part I, the Committee requests the Government to indicate the measures adopted to put its legislation in conformity with the requirements of Standard A2.4 paragraph, 2, giving due consideration to Guideline B2.4, paragraph 4 . The Committee also notes that there are no provisions in the Barbados Shipping Act of 1994 Chapter 296 which would provide, in conformity with Regulation 2.4, paragraph 2, that seafarers shall be granted shore leave to benefit their health and well-being and consistent with the operational requirement of their positions. The Committee therefore requests the Government to indicate how it ensures compliance with this requirement of the Convention. Finally, the Committee recalls that Standard A2.4, paragraph 3, provides that any agreement to forgo minimum annual leave with pay shall be prohibited, except in cases provided for by the competent authority. Noting the absence of information in this regard, the Committee requests the Government to indicate the measures taken to give effect to this requirement of the Convention.

Regulation 2.5 and the Code. Repatriation. The Committee notes the provisions of the Barbados Shipping Act of 1994 Chapter 296 in relation to Relief and Repatriation, which however are not in conformity with Regulation 2.5 and the Code. The Committee notes that sections 167–192 of the Barbados Shipping Act of 1994 refer only to seamen, excluding “the master, the officers and any other category of the crew” as per the definitions of section 2 of the Act. The Committee notes that the provisions of Regulation 2.5 and the Code apply to all seafarers without distinction. The Committee also notes that pursuant to section 168(3), the master or owner may be reimbursed any expenses incurred out of any wages owing to the seaman at the time the seaman left the ship. Pursuant to section 172(5), the master of a ship is entitled to retain out of the wages any sum shown in a retention account that appear to a Registrar or consular officer to be owing or payable to the master of the ship. However, pursuant to Standard A2.5.1, paragraph 3 “Each Member shall prohibit shipowners from requiring that seafarers make an advance payment towards the cost of repatriation at the beginning of their employment, and also from recovering the cost of repatriation from the seafarers’ wages or other entitlements except where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations”. Also, pursuant to Standard A2.5.1 paragraph 5(c) “the expenses of repatriation shall in no case be a charge upon the seafarers, except as provided for in paragraph 3 of this Standard”. The Committee also notes that there is no provision in the Barbados Shipping Act of 1994 Chapter 296 regulating (1) the maximum duration of service periods on board following which a seafarer is entitled to repatriation (Standard A2.5.1 paragraph 2(b)); (2) the precise entitlements to be accorded by shipowners for repatriation, including those relating to the destinations of repatriation, the mode of transport, the items of expense to be covered and other arrangements to be made by shipowners (Standard A2.5.1 paragraph 2(c)); and (3) the obligation of the Government to require that ships that fly its flag carry and make available to seafarers a copy of the applicable national provisions regarding repatriation written in an appropriate language (Standard A2.5.1 paragraph 9). While noting the information included in the model Form 139 – MLC – DMLC Part I, the Committee requests the Government to indicate the laws and regulations adopted to give effect to the requirements of Regulation 2.5 and the Code.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee brings the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment? (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond?; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation?; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9?; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.6 and Standard A2.6, paragraph 1. Compensation for the ship’s loss or foundering. Unemployment indemnity. Recalling that each Member shall make rules ensuring that, in every case of loss or foundering of any ship, the shipowner shall pay to each seafarer on board an indemnity against unemployment resulting from such loss or foundering, the Committee requests the Government to indicate the measures which give effect to Regulation 2.6 and Standard A2.6, paragraph 1 of the Convention.

Regulation 2.7 and the Code. Manning levels. The Committee notes the provisions of national legislation in relation to certification and manning as well as the information included in BMSR Information Bulletin No. 214 (Guidelines for Minimum Safe Manning), Information Bulletin No. 229 (Manning Levels for Commercial Yachts) and the model Form 139 – MLC – DMLC Part I section 7. The Committee however notes that the Government has not provided information regarding the obligation to take into account the need to avoid or minimize excessive hours of work to ensure sufficient rest and to limit fatigue by seafarers when determining the manning levels of ships, in accordance with Regulation 2.7 and paragraphs 1 and 2 of Standard A2.7. The Committee requests the Government to indicate how effect is given to this requirement of the Convention. The Committee also requests the Government to provide information on how complaints or disputes about determinations on the safe manning levels on a ship are investigated and settled (see guidance in Guideline B2.7). The Committee notes Information Bulletin No. 128 according to which all ships to which MLC, 2006, applies are required to carry a ship’s cook (Standard A2.7, paragraph 3). It notes, however, that the Government does not provide information on how, when determining manning levels, the competent authority takes into account the requirements set out in Regulation 3.2 and Standard A3.2 concerning food and catering. The Committee requests the Government to indicate how effect is given to this requirement of the Convention. Finally, the Committee requests the Government to provide a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1), together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it.

Regulation 3.1 and Standard A3.1, paragraph 7. Accommodation and recreational facilities. Ventilation and heating. The Committee notes that the provisions of section 14 of the Merchant Shipping (Crew Accommodation) Regulations 1997 do not appear to be in conformity with Standard A3.1, paragraphs 7(b) and (c) of the Convention. Pursuant to section 14, “in all foreign going ships of 1000 tons or over except those regularly employed in latitudes north of latitude 50° North or south of latitude 45° South; and in all ships of under 1000 tons regularly engaged on voyages solely within the area of the Tropics or the Gulfs area; the ventilation system provided for every enclosed space in the crew accommodation except a cold store room or a galley shall be an air conditioning system which shall be designed ...”. However, Standard A3.1, paragraph 7(b) stipulates that “ships, except those regularly engaged in trade where temperate climatic conditions do not require this, shall be equipped with air conditioning for seafarer accommodation, for any separate radio room and for any centralized machinery control room”, without making any reference to the tonnage of the ship. Also, pursuant to section 26 (21) of the Merchant Shipping Regulations of 1997 “Every water closet shall be provided with exhaust ventilation direct to the open air or to another water closet which is itself ventilated directly to the open air.”, whereas Standard A3.1, paragraph 7(c) stipulates that “all sanitary spaces shall have ventilation to the open air, independently of any other part of the accommodation”. The Committee therefore requests the Government to indicate the measures which give effect to Standard A3.1, paragraphs 7(b) and (c) of the Convention.

Regulation 3.1 and Standard A3.1, paragraph 9. Accommodation and recreational facilities. Sleeping rooms. The Committee notes that the provisions of section 19 of the Merchant Shipping (Crew Accommodation) Regulations 1997 do not apply the minimum requirements for sleeping rooms as provided under Standard A3.1, paragraph 9((a)-(o)) of the Convention. The Committee therefore requests the Government to indicate the measures which give effect to Standard A3.1, paragraph 9 of the Convention.

Regulation 3.1 and Standard A3.1, paragraph 15. Accommodation and recreational facilities. Ship’s offices. The Committee notes that pursuant to section 25(1) of the Merchant Shipping (Crew Accommodation) Regulations 1997 “in every ship of 3,000 tons or over two appropriately furnished rooms shall be provided solely for use as offices”. The Committee notes, however, that pursuant to Standard A3.1, paragraph 15 “all ships shall be provided with separate offices or a common ship’s office for use by deck and engine departments; ships of less than 3,000 gross tonnage may be exempted by the competent authority from this requirement after consultation with the shipowners’ and seafarers’ organizations concerned”. The Committee therefore requests the Government to indicate how its legislation implements this requirement of the Convention.

Regulation 3.1 and Standard A3.1, paragraph 19. Accommodation and recreational facilities. Variations. Religious and social practices. The Committee notes that there is no reference in the Merchant Shipping (Crew Accommodation) Regulations 1997 to any variations taking into account the interest of seafarers having differing and distinctive religious and social practices as per Standard A3.1, paragraph 19 of the Convention. Therefore, the Committee requests the Government to indicate the measures which give effect to this requirement of the Convention.

Regulation 3.2 and Standard A3.2, paragraph 2(a). Food and catering. Religious and cultural practices. The Committee notes that, pursuant to Regulation 3.2 and Standard A3.2, paragraph 2(a), each Member shall ensure that ships fly its flag carry on board shall serve food and drinking water which adequately covers the requirements of the ship and takes into account the differing cultural and religious backgrounds. Noting the absence of information, the Committee requests the Government to indicate the measures which give effect to Regulation 3.2 and Standard A3.2, paragraph 2(a) of the Convention.

Regulation 3.2 and Standard A3.2, paragraphs 5 and 6. Food and catering. Dispensation of a fully qualified cook. The Committee notes that pursuant to section 140 of the Barbados Shipping Act of 1994, Chapter 296, “every foreign-going Barbadian ship of 1000 gross register tons or more must be provided with, and carry, a duly certificated ship’s cook. Where in the opinion of the Registrar there is an inadequate supply of certificated ship’s cooks, he may exempt a particular ship from the requirements of this section.” The Committee notes, however, that pursuant to Standard A3.2, paragraph 5, an exemption to the requirement of the dispensation of a fully qualified cook is justified only in case of ships with a prescribed manning of less than ten or in the cases of exceptional necessity provided under Standard A3.2, paragraph 6. Therefore, while noting BMSR Information Bulletin No. 198, the Committee requests the Government to indicate the measures which give effect to Standard A3.2, paragraphs 5 and 6 of the Convention.

Regulation 4.1 and Standard A4.1, paragraph 1(b). Medical care on board and ashore. Protection comparable to workers ashore. The Committee notes that the Government provides no information in relation to Regulation 4.1 and Standard A4.1, paragraph 1(b), according to which, every Member shall ensure that seafarers are given health protection and medical care as comparable as possible to that which is generally available to workers ashore, including prompt access to the necessary medicines, medical equipment and facilities for diagnosis and treatment and to medical information and expertise. The Committee accordingly requests the Government to indicate the measures which give effect to Regulation 4.1 and Standard A4.1, paragraph 1(b).

Regulation 4.1 and Standard A4.1, paragraph 1(c). Medical care on board and ashore. Right to visit a doctor or dentist in ports of call. While noting the information included in model Form 139 – MLC – DMLC Part I section 12 and the model form of SEA listed as Annex 5 in BMSR Information Bulletin No. 203 (Implementation of the Maritime Labour Convention 2006), the Committee requests the Government to adopt the necessary measures to ensure that its legislation gives effect to Regulation 4.1 and Standard A4.1, paragraph 1(c) of the Convention.

Regulation 4.1 and Standard A4.1, paragraph 4(c). Medical care on board and ashore. Minimum requirements. Seafarer in charge of medical care. While noting the information included in Form 139 – MLC – DMLC Part I and the SEA model annexed in BMSR Information Bulletin No. 203 (Implementation of the Maritime Labour Convention 2006), the Committee requests the Government to adopt the necessary measures in the near future to ensure the conformity of its legislation with Regulation 4.1 and Standard A4.1, paragraph 4(c) of the Convention.

Regulation 4.1 and the Code. Medical care on board and ashore. The Committee notes that the Barbados Shipping Act of 1994, Chapter 296 does not give effect to the detailed requirements of Regulation 4.1 and the Code of MLC, 2006. While noting the information included in the model Form 139 – MLC – DMLC Part I, the Committee requests the Government to adopt the necessary measures in the near future to ensure the conformity of its legislation with these provisions of the Convention.

Regulation 4.2 and the Code. Shipowners’ liability. The Committee notes that the Barbados Shipping Act of 1994, Chapter 296 does not give effect to the requirements of Regulation 4.2 and the Code of MLC, 2006. While noting the information included in the model Form 139 – MLC – DMLC Part I section 16 (Financial Security relating to Shipowners’ Liability) the Committee requests the Government to adopt the necessary measures in the near future to ensure the conformity of its legislation with these provisions of the Convention.

Regulation 4.2, Standards A4.2.1 and A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meets certain minimum requirements. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned?; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay, (ii) no pressure to accept payment less than the contractual amount, (iii) interim payments (while situation is being assessed) to avoid undue hardship, (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident, and (v) persons who can bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary)?; (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider? (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease, (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated, and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated?; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. While noting the information included in the model Form 139 – MLC – DMLC Part I section 16 (Financial Security relating to Shipowners’ Liability) and in Barbados Ship Master’s Guide section 6 (Safety Officials and Committee), the Committee requests the Government to indicate the measures taken to ensure that its legislation is in conformity with Regulation 4.3 and the Code of the Convention. The Committee further notes that the Government has provided no information on the adoption of national guidelines for the management of occupational safety and health on board ships that fly its flag required under Regulation 4.3, paragraph 2. The Committee accordingly requests the Government to indicate whether these guidelines have been adopted and, if so, if consultations with the representative shipowners’ and seafarers’ organizations have taken place. The Committee also requests the Government to provide information on how it implements Standard A4.3, paragraphs 1(c), 2(b) and 8 (on-board programmes, obligations of shipowners, seafarers and others in relation to occupational safety and health, risk evaluation), and to provide an example of a document (e.g. DMLC Part II) outlining a ship owner’s practices or on-board programmes for preventing occupational accidents, injuries and diseases.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes that the Government has not provided information in relation to the implementation of Regulation 4.4 of the Convention. The Committee requests the Government to indicate the measures taken to implement Regulation 4.4 of the Convention.

Regulation 4.5 and the Code. Social security. The Committee notes that, upon ratification, in accordance with Standard A4.5, paragraphs 2 and 10, the Government specified the following branches of social security as being provided to seafarers ordinarily resident in Barbados: sickness benefit; unemployment benefit; old-age benefit; employment injury benefit; maternity benefit; invalidity benefit and survivors’ benefit. The Committee notes the Government’s indication that there are currently no seafarers resident in Barbados. The Committee requests the Government to provide information on any changes in this situation. The Committee recalls that, although the primary obligation concerning social security rests with the Member in which the seafarer is ordinarily resident, under Standard A4.5, paragraph 6, Members have an obligation to give consideration to the various ways in which comparable benefits will, in accordance with national law and practice, be provided to seafarers working on board ships flying its flag in the absence of adequate coverage in the applicable branches of social security. The Committee requests the Government to provide information on any steps taken to give effect to Standard A4.5, paragraph 6.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. The Committee notes that the model Form 139 – MLC – DMLC Part I, available on the BMSR website, contains concise information in line with the relevant provisions of the MLC, 2006, on the list of 16 matters to be inspected. The form does not contain, however, the necessary reference to the national legal provisions. Moreover, in many instances, the form contains information that departs from the substantive content of the national legislation. The Committee recalls that the DMLC, Part I, must identify the national requirements, as contained in the legislation. The Committee therefore requests the Government to review the DMLC, Part I in order to ensure that it identifies the national requirements embodying the relevant national legal provisions and includes the information on the main content of those requirements. In addition, the Committee observes that the DMLC, Part II, provided by the Government is a blank form and is not an example of an approved DMLC, Part II in accordance with Standard A5.1.3, paragraph 10(b). The Committee accordingly requests the Government to provide one or more examples of an approved DMLC, Part II.

Regulation 5.1.3 and Standard A5.1.3, paragraph 12. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Documents on board. The Committee notes that BMSR Form 67 (Documents to be carried on board) does not include the Maritime Labour Certificate and the Declaration of maritime Labour Compliance Part I and Part II in the list of the required documentation. Recalling that these documents shall be carried on the ship and a copy posted in a conspicuous place on board, as stipulated in Standard A5.1.3, paragraph 12, the Committee requests the Government to indicate how it ensures compliance with this requirements of the Convention.

Regulation 5.1.3 and Standard A5.1.3, paragraph 5. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Interim Maritime Labour Certificate. The Committee notes that the Government does not refer to the cases in which an interim maritime labour certificate can be issued. The Committee requests the Government to indicate how it ensures compliance with this requirement of the Convention.

Standard A5.1.4, paragraphs 3, 6, 11(a) and 17. Flag State responsibilities. Qualification, status and conditions of service of inspectors. The Committee notes that the Government provides no information in relation to the training, qualifications, status and independence of inspectors of changes of government and of improper external influences. The Committee therefore requests the Government to indicate how it gives effect to Standard A5.1.4, paragraphs 3, 6, 11(a) and 17 of the Convention.

Standard A5.1.4, paragraphs 5, 10 and 11(b). Flag State responsibilities. Procedures for receiving and investigating complaints, and ensuring that their source is kept confidential. The Committee notes that the Government provides no information in relation to the procedures for receiving and investigating complaints as a flag State. The Committee requests the Government to indicate how it gives effect to Standard A5.1.4, paragraphs 5, 10 and 11(b).

Regulation 5.1.4 and Standard A5.1.4, paragraph 16. Flag State responsibilities. Inspection and enforcement. Compensation in case of wrongful exercise of the inspectors’ powers. The Committee notes that the Government provides no information with regard to the legal provisions or principles under which compensation must be paid for any loss or damage derived from the wrongful exercise of the inspectors’ powers. The Committee therefore requests the Government to indicate how it gives effect to Standard A5.1.4, paragraph 16. The Committee also requests the Government to provide a copy of any documentation that is available informing seafarers and interested others about the procedures for making a complaint (in confidence) regarding a breach of the requirements of the Convention (including seafarers’ rights) (Standard A5.1.4, paragraph 5).

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaints procedures. The Committee notes the Government’s reference to sections 135 and 144 of the Barbados Shipping Act of 1994 Chapter 296 on on-board complaint procedures. It observes, however, that the established procedure is limited to alleged breaches of relevant national legislation and does not cover breaches of any of the requirements of the Convention, including seafarers’ rights. While noting BMSR Information Bulletin No. 219 (MLC On-Board Complaints Procedure), the Committee requests the Government to indicate how it ensures that the on-board procedures may be used by seafarers to lodge complaints related to any matter that is alleged to constitute a breach of the requirements of the Convention, including seafarers’ rights. It also requests the Government to indicate how it gives effect to Regulation 5.1.5, paragraph 2 (prohibition of victimization), and to Standard A5.1.5, paragraph 4 (arrangements to ensure that seafarers are provided with a copy of the on-board complaint procedures).

Regulation 5.1.6 and the Code. Marine casualties. The Committee notes that section 293 of the Barbados Shipping Act Chapter 296 provides that: “Where any of the following casualties occur, that is to say: (a) the loss or presumed loss, stranding, grounding, abandonment of, or damage to a ship; (b) a loss of life caused by fire on board, or by any accident to, a ship or ship’s boat, or by any accident occurring on board a ship or ship’s boat; or (c) any damage caused by a ship; and, at the time it occurs, the ship was a Barbadian ship or the ship or ship’s boat was in Barbadian waters, the Minister may cause a preliminary inquiry into the casualty to be held by a person appointed for the purpose by the Minister.” The Committee recalls that, in accordance with Regulation 5.1.6, an official inquiry into any serious casualty “shall be held” in all cases and that the final report of the inquiry shall normally be made public. Noting that according to the existing legislation official inquiries are optional for the Minister, the Committee requests the Government to indicate the measures taken to give full effect to this requirement of the Convention.

Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. The Committee notes that according to the Caribbean Memorandum of Understanding on Port State Control (CMOU) Annual Report 2017, Barbados carried out 50 inspections in 2017. The Committee notes, however, that nor the Merchant Shipping Act of 1994 nor the other national measures provided by the Government seem to give effect to the detailed requirements of Regulation 5.2.1. The Committee accordingly requests the Government to indicate the measures taken to give effect to these requirements of the Convention. The Committee also requests the Government to provide a copy of any national guidelines issued to inspectors in implementation of Standard A5.2.1, paragraph 7.

Regulation 5.2.2 and the Code. Port State responsibilities. Onshore seafarer complaint-handling procedures. The Committee notes that whether the Barbados Merchant Shipping Act of 1994, Chapter 296, nor the other national measures in force provided by the Government seem to give effect to the detailed requirements of Regulation 5.2.2 and Standard A5.2.2. Therefore, the Committee requests the Government to indicate the measures taken to ensure the conformity with these requirements of the Convention.

Comments adopted by the CEACR: Barbados

Adopted by the CEACR in 2021

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C097 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C097 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C102 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C144 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C118 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2020, published 109th ILC session (2021)

C128 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C098 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C098 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C138 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

MLC, 2006 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Barbados

Display the list by:

Adopted by the CEACR in 2021

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C097 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C097 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C102 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C144 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C118 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2020, published 109th ILC session (2021)

C128 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C098 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C098 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C138 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

MLC, 2006 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)