Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Bahamas (Ratification: 2001)

The Committee notes the observations received on 1 September 2014 and on 1 September 2016 from the International Organisation of Employers (IOE), which are of a general nature.

The Committee notes the Government’s indication that the most recent amendment to the 2001 Industrial Relations Act (IRA) occurred in 2012. The Committee observes with regret that the Industrial Relations (Amendment) Act, 2012, did not address the concerns raised in its previous observation and notes the Government’s statement that discussions to this end continue.

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations. The Committee had previously noted that the IRA does not apply to the prison service (section 3). In this respect, the Committee notes the Government’s reference to the Correctional Officers (Code of Conduct) Rules 2014, which allowed for the establishment of the Bahamas Prison Officers Association (BPOA). Noting the limited scope of sections 39 and 40 of the abovementioned Rules, the Committee requests the Government to specify the manner in which prison staff and the relevant organization(s) enjoy the rights and guarantees enshrined in the Convention.

Right of workers and employers to establish organizations without previous authorization. In its previous comments, the Committee noted that, under section 8(1)(e) of the IRA, beyond consideration of the specific requirements for registration, the Registrar shall refuse to register a trade union if he/she considers that the union should not be registered. Moreover, according to section 1 of the Schedule of the IRA, in applying the rules for the registration of trade unions, the Registrar shall exercise his/her discretion. The Committee requests the Government once again to take the necessary measures to review section 8(1)(e) of the IRA so as to limit the discretionary power conferred upon the Registrar in relation to the registration of trade unions or employers’ organizations.

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

Right of organizations freely to organize their activities and to formulate their programmes. In its previous comments, the Committee had noted that, when a strike is organized or continued in violation of the provisions concerning trade dispute procedure, excessive sanctions, including imprisonment for up to two years are provided (sections 74(3), 75(3), 76(2)(b) and 77(2) of the IRA). The Committee recalls once again that no penal sanction should be imposed against a worker for having carried out a peaceful strike and that therefore measures of imprisonment should not be imposed on any account. Such sanctions could be envisaged only where, during a strike, violence against persons or property or other serious infringements of rights have been committed, and these sanctions are imposed pursuant to legislation punishing such acts. Therefore, the Committee once again requests the Government to amend the abovementioned sections of the IRA to ensure that no penal sanctions may be imposed for having carried out a peaceful strike.

Article 5. Right to affiliate to an international federation or confederation. The Committee had previously noted that, under the terms of section 39 of the IRA, it shall not be lawful for a trade union to be a member of any body constituted or organized outside the Bahamas without a licence from the minister, who has discretionary power in this regard. In this respect, the Committee notes the Government’s indication that although the process requires ministerial approval, these approvals are generally granted and do not represent a challenge. The Committee requests the Government to take measures to align national legislation with the current practice and repeal section 39 of the IRA in order to give full effect to the right of workers’ and employers’ organizations to affiliate with international organizations of workers and employers.

The Committee reminds the Government that, if it so wishes, it may avail itself of the technical assistance of the Office.

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