Violence and Harassment Convention, 2019 (No. 190) - Bahamas (Ratification: 2022)

Direct Request (CEACR) - adopted 2025, published 113rd ILC session (2025)

The Committee notes the Government’s first report.

Articles 1, 4(2) and 7 of the Convention. Definition and prohibition of violence and harassment in the world of work. The Committee notes the entry into force of the Protection Against Violence Act 2023 (PAVA), which supersedes the 2023 Bill cited in the Government’s report. The Committee observes that the PAVA defines “violence” as any act that causes physical, sexual or psychological harm, such as rape, sexual abuse, torture, trafficking in persons, forced prostitution, kidnapping, sexual harassment, online harassment, and economic or financial abuse, when it is committed by any person, in the workplace or elsewhere. The PAVA further defines “sexual harassment” as “the act or behaviour of making unwelcome or inappropriate sexual remarks or physical advances”. The Committee observes, however, that PAVA does not define “harassment” further, nor does it seem to cover threats of conduct or conduct likely to cause harm. Moreso, the Committee notes that section 26 of the Sexual Offences and Domestic Violence Act, 1991 (SODVA) defines and criminalizes ‘sexual harassment’ in employment and occupation, albeit with a narrow focus on quid-pro-quo sexual harassment (sexual favours in exchange for a job-related benefit) while omitting hostile work environment in its definition. The Committee further notes that ‘sexual harassment’ is defined in the PAVA, as well as in the SODVA. In that respect, the Committee refer to its comments made on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee requests the Government: (i) to provide information on measures adopted to define and prohibit in legislation, forms of violence and harassment that include threats or may cause harm; (ii) to consider defining and prohibiting in legislation, forms of violence and harassment in the world of work, in line with the Convention; and (iii) to indicate what types of conduct are considered ‘harassment’ under PAVA and whether it is foreseen to clarify this in legislation.

Articles 2 and 3. Scope of application. The Committee notes that PAVA defines a “victim” as any person against whom an act of violence has been or is being committed, and an “offender” as any person who has committed such an act and expressly applies to “any person … whether in the workplace or otherwise. The Committee requests the Government to clarify the personal scope of the PAVA and to provide information on cases where PAVA has been applied to violence and harassment occurring against persons protected under Article 2 of the Convention or situation referred to in article 3 of the Convention.

Article 4(2) and (3). Inclusive, integrated and gender-responsive approach. The Committee notes that section 6 of the PAVA requires the Minister to develop a multi-sectoral policy on violence and to coordinate with the ministers for education, national security, legal affairs and health. It also notes that Section 10 creates a Protection Against Violence Commission to develop and advise on a national strategic plan and to strengthen stakeholder collaboration to combat and respond to violence. The Committee notes that other legislation, such as labour law and occupational safety and health (OSH) law, which is also key to implementing the Convention, does not seem to integrate the prevention and elimination of this phenomenon in their provisions. The Committee highlights that the Convention requires the adoption, in accordance with national laws and circumstances and in consultation with representative employers’ and workers’ organizations, of an integrated approach that tackles violence and harassment in the world of work in relevant policies and laws (law on equality, labour, OSH and criminal law) and policies. This approach is to be gender-responsive and consider, where applicable, violence and harassment involving third parties. The Committee asks the Government: (i) to provide information on any measures taken to promote an integrated approach based on a clear legislative framework on violence and harassment; (ii) to include a gender-responsive approach in the prevention and elimination of violence and harassment; (iii) to take into account violence and harassment involving third parties; and (iv) to indicate the measures adopted to apply the Convention in consultation with representative employers’ and workers’ organizations.

Article 6. Equality and non-discrimination. The Committee notes the information provided by the Government on the national legal framework to promote equality and non-discrimination in employment and occupation. It refers, in that respect to its comments made under the application of the Discrimination (Employment and Occupation) Convention No. 1958, (No. 111).

Article 8. Appropriate Preventive Measures. The Committee notes that the Government refers to several initiatives aimed at preventing violence and harassment, including the establishment of the National Task Force for Gender-Based Violence and the Gender-Based Violence Council, under the authority of the Ministry of Social Services.

In this regard, the Committee requests the Government to provide detailed information on: (i) any measures taken to raise awareness or train public officials, particularly with regard to informal economy workers; and (ii) the identification, in consultation with employers’ and workers’ organizations, of sectors and occupations where a higher incidence of violence and harassment has been observed, and the preventive measures adopted in this regard.

Article 9. Responsibilities of Employers. The Committee notes that the general duty laid down in sections 4(1) and 5(1) of the Health and Safety at Work Act, 2002, requires every employer, “so far as is reasonably practicable”, to safeguard the safety, health and welfare of employees and of other persons who may be affected by the undertaking. While this provision establishes a broad obligation of care, the Committee observes that the national legal framework still falls short of the specific requirements of Article 9 of the Convention. In particular, laws and regulations should require: (1) that workplace policies address violence and harassment, in consultation with workers and their representatives; (2) including violence and harassment in occupational safety and health management systems; (3) the identification of hazards and prevention of risks relating to violence and harassment; or (iv) providing workers and other persons concerned with information and training in accessible formats on the identified risks and the relevant prevention and protection measures. The Committee therefore requests the Government to take the necessary measures, in consultation with representative employers’ and workers’ organizations, to incorporate into laws and regulations the requirements set out in Article 9(a)–(d) of the Convention.

Article 10(a) and (h). Monitoring and enforcement. The Committee notes that the Department of Labour is responsible for ensuring compliance with the Employment Act, 2001, and the Health and Safety at Work Act, 2002, including through inspections, audits and the investigation of complaints of workplace violence and harassment. It further notes that sections 11 and 12 of the Health and Safety at Work Act empower inspectors to issue improvement notices and prohibition notices – thereby halting work where an activity poses a risk of serious personal injury. The Committee also notes that the PAVA establishes the ‘Protection Against Violence Commission’ and its secretariat and foundation to facilitate standardized data management and provide overall support for victims of violence. Furthermore, the Committee take note of the Government’s intention, in the context of ILO technical assistance offered in 2025 and the Decent Work Country Programme (2021–2026), to review the 2002 Health and Safety at Work Act, elaborate new OSH regulations and consider ratifying the principal occupational safety and health Conventions (Occupational Safety and Health Convention, 1981 (No. 155), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)) with a view to adopting a national OSH policy. The Committee requests the Government to: (i) provide statistical information on any case of violence and harassment addressed by the Labour Inspectorate, as well as on inspections carried out, notices issued, and orders to stop work made in relation to violence and harassment since the Convention entered into force; and (ii) describe any steps taken to equip inspectors and other relevant officials with training, resources and guidance on the application of the Convention.

Article 10(b) and (e). Easy access to safe, fair and effective reporting and dispute resolution mechanisms and procedures. The Committee notes the Government’s indication that section 68 of the Industrial Relations Act provides an external framework for reporting trade disputes, including those concerning violence and harassment in the world of work, through formal external mechanisms involving the Ministry of Labour and trade unions. The Committee also notes that sections 75 and 76 of the Employment Act provide protection against retaliation, by prohibiting dismissals, wage reductions or other adverse changes in employment conditions arising from an employee’s testimony or provision of information concerning working conditions. The Committee further notes that the PAVA establishes procedures for making and handling complaints of violence and outlines various forms of care and support services for victims (Part VI). The Committee recalls that, pursuant to Article 10(b) and 10 (e) of the Convention, there shall be an easy access to appropriate and effective remedies, and to safe, fair and effective reporting and dispute resolution mechanisms that such mechanisms are gender-responsive in case of gender-based violence and harassment. The Committee requests the Government to provide information on the measures taken to ensure an easy access to appropriate and effective remedies and safe, fair and effective reporting and dispute resolution mechanisms, including measures to ensure mechanisms are gender-responsive in case of gender-based violence and harassment (for instance by ensuring that there is specialized courts staff or a shift of the burden of proof).

Article 10(c). Protection of privacy and confidentiality. The Committee notes that Sections 20 and 21 of the Protection Against Violence Act 2023 (PAVA) establish rights to confidentiality and privacy for victims of violence. Section 20 provides that victims, alleged offenders and potential witnesses have the right to have their identity and the details of the circumstances of the allegation protected from disclosure by service providers handling such cases. Section 21 further guarantees the right to privacy in respect of information pertaining to investigations carried out under the Act, other than in relation to criminal proceedings. The Committee also notes the corresponding deterring provisions in Section 20(2) and Sections 21(3). The Committee welcomes the recognition of these important protections under the PAVA. The Committee requests the Government to provide information on any other safeguards that may exist under labour legislation and employer procedures to ensure protection of privacy of individuals involved and confidentiality.

Article 10(d). Sanctions. The Committee observes that section 26 of the PAVA cross-references to several criminal legislations including the Penal Code (Ch. 84), the Sexual Offences Act (Ch. 99), and the Domestic Violence (Protection Orders) Act (Ch. 99A) among others which set out a range of sanctions for criminal offences. The Committee further notes that Section 26 (2) of the SODVA provides for the offence of quid pro quo sexual harassment, punishable by a fine of 5,000 Bahamian dollars and/or up to 24 months’ imprisonment or both. The Committee requests the Government to indicate whether beyond criminal sanctions other penalties are available in relation to acts of violence and harassment.

Article 10(f) Domestic violence. The Committee notes that the PAVA addresses various forms of violence within a domestic relationship, and that the Domestic Violence (Protection Orders) Act (Chapter 99A) provides for the issuance of protection orders in cases involving domestic violence, including provisions restraining the respondent from entering premises that constitute the complainant’s place of work. The Committee asks the Government to: (i) indicate the number of protection orders issued covering the workplace; and (ii) inform on any other measures adopted to recognize and address the effect of domestic violence in the world of work, such as awareness-raising among employers and workers, flexible work arrangements, temporary protection against dismissal or inclusion of domestic violence in risk assessments.

Article 10(g). Right to remove oneself from a work situation and the duty to inform management. The Committee requests the Government to indicate whether any measures have been taken to ensure the right of workers to remove themselves from situations of violence and harassment that pose imminent and serious danger, without suffering retaliation or undue consequences, and the duty to inform management.

Article 11(a). Addressing violence and harassment in relevant policies. The Committee notes that the PAVA establishes the Prevention of Violence Commission, which is mandated to promote intersectoral engagement in preventing violence. However, it remains unclear whether this institutional mechanism is linked to, or functions in coordination with, national labour, occupational safety and health (OSH), gender equality or employment policies. The Committee further notes the Government indication that it is planning to review the OSH framework with a view to adopting a National OSH Policy. The Committee therefore requests the Government to provide detailed information on whether and how violence and harassment in the world of work have been integrated into national policy frameworks, including those on occupational safety and health, equality and non-discrimination, and labour or employment policies.

Article 11(b) and (c). Guidance and training tools and awareness-raising campaigns. The Committee notes that section 9 of the PAVA mandates the Minister, in consultation with the Prevention of Violence Commission, to implement sensitivity training programmes. These include: (1) training for members of the police force in the handling of complaints; (2) training for care and support providers on observing victims’ rights; (3) education and awareness campaigns on violence and available remedies; and (4) the education and training of justice sector personnel, law enforcement officers and other relevant actors responsible for implementing violence prevention policies. While welcoming these provisions, the Committee notes that the measures described do not explicitly refer to the world of work. The Committee therefore requests the Government to provide detailed information on:(i) the extent to which the training programmes and awareness campaigns implemented under section 9 of the PAVA address violence and harassment in the world of work, including gender-based violence and harassment; (ii) whether such programmes include the participation of social partners and target employers’ and workers’ organizations, labour inspectors, or workplace service providers; and (iii) whether any specific tools, guidance materials, model policies or sectoral checklists have been developed to support implementation by workplace actors.