Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Bahamas (Ratification: 2001)

The Committee takes note of the observations of the Commonwealth of the Bahamas Trade Union Congress received on 15 September 2024, which refer to the issues raised by the Committee below and to the lack of consultations with the social partners thereon.

Legislative issues. The Committee recalls that for many years it has been requesting the Government to amend the Industrial Relations Act (IRA) and other texts to bring the national legislation into conformity with the Convention. In particular, the Committee referred to the need to amend the following provisions:

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations without previous authorization:

• section 3 of the IRA and sections 39 and 40 of the Correctional Officers (Code of Conduct) Rules, 2014, to ensure that prison staff enjoy all rights and guarantees under the Convention;
• section 8(1)(a) and the First Schedule of the IRA, to ensure that, beyond the verification of formalities, the Registrar has no discretionary powers to refuse the registration of trade unions and employers’ organizations.

Article 3. Right of workers’ organizations to draw up their constitutions and rules and to elect their representatives in full freedom and to freely organize their activities and to formulate their programmes:

• section 20(2) of the IRA, so as to ensure that trade unions can conduct ballots for election or removal of trade union officers and for amendment of the constitution of trade unions without interference from the authorities;
• section 20(3) of the IRA, so as to ensure that trade unions can conduct strike ballot without supervision by the authorities;
• sections 73, 76(1) and 77(1) of the IRA providing for compulsory arbitration to bring an end to a collective labour dispute and a strike, so as to not excessively restrict the right of organizations to formulate their programmes and organize their activities;
• sections 74(3), 75(3), 76(2)(b) and 77(2) of the IRA, to ensure that no penal sanctions may be imposed for having carried out a peaceful strike;
• section 75 of the IRA, so as to allow organizations responsible for defending socio-economic and occupational interests to use strike action or protest action to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members.

Article 5. Right to affiliate with international federations or confederations:

• section 39 of the IRA, so as to ensure the right of workers’ and employers’ organizations to affiliate with international organizations of workers and employers.

The Committee notes the Government’s indication that: (i) the IRA is still under review by the National Tripartite Council (NTC); (ii) the review of sections 20(2), 73, 74(3), 75(3), 76(2)(b) and 77(2) of the IRA is a top priority; and (iii) the Committee’s request to repeal section 39 of the IRA, made since 2006, continues to be under review. The Committee also notes that, according to a public statement made by the chairperson of the NTC on 4 October 2024, the NTC resumed its meetings in October 2024 with a newly elected board and that its agenda for 2024–27 includes work on the implementation of ILO Conventions. The Committee urges the Government to take all necessary measures, including through bringing its comments to the attention of the NTC, with a view to ensuring that the legislation is amended without further delay. The Committee requests the Government to indicate any progress made in this regard and reminds the Government of the possibility of availing itself of ILO technical assistance.