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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Bahamas (Ratification: 1976)

The Committee notes the observations of the Commonwealth of the Bahamas Trade Union Congress (CBTUC) received on 15 September 2024 which highlight the need to strengthen social dialogue in the country and refer to issues examined by the Committee in this observation. The Committee requests the Government to provide its comments thereon.

Article 2 of the Convention. Adequate protection against acts of interference. In its previous comments, the Committee had requested the Government to take measures for the adoption of legislative provisions giving effect to Article 2 of the Convention. The Committee notes the Government’s indication that: (i) it is working diligently on this matter, raised since 2013; and (ii) the review of the Industrial Relations Act (IRA) by the National Tripartite Council (NTC) is still ongoing. 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 and its agenda for 2024–27 includes work on the implementation of ILO Conventions. Recalling that this is a long-standing issue and considering that the review of the IRA is still ongoing, the Committee expresses its firm expectation that the Government will take the necessary measures to give effect to Article 2 of the Convention without further delay. It requests the Government to provide information on any developments in this regard.

Article 4. Representativeness. In its previous comments, the Committee had noted that section 41 of the IRA provides that in order for a trade union to be recognized for bargaining purposes, it must represent at least 50 per cent of workers of the bargaining unit, and recalled that under a system of designation of an exclusive bargaining agent, if no union represents the required percentage of workers to be declared the exclusive bargaining agent, collective bargaining rights should be granted to all the unions in the unit, jointly or separately, at least on behalf of their own members. The Committee regrets to note that the Government reiterates that there are no new developments in this regard as the IRA has not yet been amended. Recalling that it has been raising this issue for more than a decade, the Committee once again urges the Government to take all the necessary measures in the context of the ongoing review of the IRA so as to bring it into line with the Convention. It requests the Government to provide information on any developments in this regard.

Right of prison guards to bargain collectively. In its previous comments, the Committee had requested the Government to take the necessary steps to ensure that prison guards can fully enjoy the rights and guarantees set out in the Convention. The Committee notes that, while the Government indicates that it acknowledges the comments made in this respect, it reiterates that there are no new developments to report. Recalling once again that the right to bargain collectively also applies to prison staff, and that the establishment of a simple consultation procedure for public servants who are not engaged in the administration of the State is not sufficient, the Committee reiterates its firm expectation that the Government will take the necessary measures, including legislative ones, to ensure that prison guards can fully enjoy the rights and guarantees set out in the Convention. The Committee requests the Government to provide information on any developments in this regard.

Collective bargaining in practice. The Committee notes the information provided by the Government according to which 10 out of the 11 collective agreements received by the Department of Labour in 2022, covering sectors such as finance, telecommunications, health and education, are still pending registration. The Committee also notes the CBTUC’s indication that some collective agreements are outstanding since 2018. Recalling that under the principle of free and voluntary negotiation enshrined in Article 4 of the Convention, the process of registration of collective agreements shall only involve checks on compliance with the legal minima and questions of form, the Committee expresses its concern as to the very long delays in the registration of collective agreements and requests the Government to provide further details in this respect. The Committee also requests the Government to provide more comprehensive and updated information on: (i) the number of collective agreements signed, registered and in force in the country, the sectors concerned, and the number of workers covered by these agreements; and (ii) the measures taken to promote collective bargaining.

The Committee reminds the Government of the possibility of availing itself of ILO technical assistance in relation to the above-mentioned issues and encourages the NTC to take its comments into account when undertaking its review of the IRA.