Forced Labour Convention, 1930 (No. 29) - Bahamas (Ratification: 1976)

Individual Case (CAS) - Discussion: 1988, Publication: 75th ILC session (1988)

The Government has communicated the following information:

No amendment to the Prison Rules along the lines indicated by the Committee of Experts has yet been made. The Office will be informed of any changes in due course. General orders (governing the public service) provide for the police and others employed by the State to leave with one month's notice. The Government will endeavour to send a copy. Even if a public servant left without notice, no action against him would be taken.

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes the observations received from the Commonwealth of the Bahamas Trade Union Congress (CBTUC) on 15 September 2024, which refer to the lack of definition of forced labour in the legislation and the fact that, although the Trafficking in Persons (Prevention and Suppression) Act No. 27 of 2008 has been enforced, it is unclear whether trade unions have been invited to the table to discuss this issue. The Committee requests the Government to provide its comments in this regard.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. With regard to the activities undertaken by the Trafficking in Persons (TIP) Inter-Ministry Committee and the TIP Task Force, the Government states in its report that: (i) 2,913 persons from government, non-governmental organizations and the general public, including vulnerable communities, received awareness training on trafficking in persons, which included topical areas such as the definition of trafficking in persons, the Trafficking in Persons (Prevention and Suppression) Act No. 27 of 2008, the types of trafficking and the root causes, how traffickers operate, and how to identify a victim; (ii) 1,709 government personnel were trained on trafficking in persons in 2023; (iii) continuous local and international training is provided to law enforcement personnel of varying ranks, which benefited to 306 law enforcement officers, including 13 counsellors from The Bahamas Crisis Centre; and (iv) critical sectors which have an important role to play in identifying victims and preventing the crime, such as the aviation, the hospitality and the tourism sectors, were also targeted.

The Committee also notes the Government's indication that a total of ten victims and five dependent children received comprehensive services provided jointly by the Government and NGOs. The welfare needs of the victims were continuously monitored and included food, clothing, financial assistance, housing, rent, school supplies, counselling sessions, medical visits, and other scheduled appointments.

Concerning the investigations and prosecutions initiated in relation to trafficking in persons, the Committee notes that 24 cases were investigated in 2023, resulting in a total of 132 male and female foreign nationals screened for trafficking in persons. Upon completion of the investigations, three cases were considered trafficking in persons cases: two for sexual exploitation and one for labour exploitation. In addition, there is one ongoing investigation involving a suspected case of trafficking for sexual exploitation. The Government also indicates that five individuals have been charged with trafficking in persons offences and that there have been no court or tribunal decisions on trafficking in persons.

The Committee welcomes the measures taken by the Government to combat trafficking in persons. It further notes from the report on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), that, following assistance from the United Nations Office on Drugs and Crime (UNODC), the Government is in the process of finalizing and adopting a National Action Plan to Combat Trafficking in Persons. The Committee encourages the Government to continue to take measures to prevent and detect cases of trafficking in persons, both for sexual and labour exploitation, and to provide adequate protection to victims. The Committee requests the Government to provide information on: (i) the adoption of a new strategic action plan to combat trafficking in persons, indicating whether the implementation of the Strategic Action Plan for the period 2019–23, to which the Committee previously referred to, has been evaluated, the results of this evaluation and how they have been taken into account in the development of the new strategic action plan; and (ii) the measures taken to implement the new Action Plan.

The Committee further requests the Government to provide information on the action of the specialized units of the Police and the Office of the Attorney General in relation to the investigation and prosecution of cases of trafficking, including the number of prosecutions, convictions and penalties imposed under the Trafficking in Persons Act 2008, as well as information on cases in which the courts have ordered restitution to the victims of trafficking under section 6(1) of the Act.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes that section 3(2) of the Trafficking in Persons (Prevention and Suppression) Act No. 27 of 2008 defines and criminalizes trafficking in persons for the purpose of exploitation (which includes commercial sexual exploitation, forced labour, practices similar to slavery and servitude) and provides for sanctions ranging from three years to life imprisonment. In addition, the convict shall be subject to forfeiture of property, and be ordered to pay full restitution to the victim (section 3(1)). The Committee notes the Government’s information in its report that in March 2022, two persons were prosecuted for conspiring to engage in the trafficking of two minor girls for sexual exploitation. One of the accused who took a plea deal to testify against the other defendant was sentenced to three years of probation and six months of counselling. The Government indicates that the case is still under investigation.

The Committee further notes that the Government, in its report of March 2023 to the United Nations Human Rights Council (A/HRC/WG.6/43/BHS/1, paragraphs 35 to 48), indicates that the Trafficking in Persons (TIP) Secretariat established in 2019 is the national body to coordinate trafficking in persons activities, while the Trafficking in Persons Inter-Ministry Committee and the Trafficking in Persons Task Force deals with matters pertaining to investigations, prosecutions, victim care, training and public awareness. According to this report: (i) in 2019, a five-year Strategic TIP Action Plan 2019–23 was approved by the Government; (ii) from 2019–22, the TIP Inter-Ministry Committee trained a total of 3,399 persons from government, non-government agencies and members of the general public; provided specialized training to TIP Investigators; and distributed and disseminated 23,980 brochures on trafficking in persons, child trafficking, labour trafficking and rights of victims; (iii) six new labour inspectors were hired and trained to identify and handle cases related to trafficking in persons and the Special Prosecutorial Team assigned to prosecute TIP cases was also increased; (iv) in 2023, 29 incidents of trafficking in persons were recorded by the police, of which two cases were concluded in the Magistrate’s Court. The Committee finally notes from this report that the TIP Task Force provides comprehensive services, including food, utility, travel, medical, psychological counselling, school uniforms and supplies as well as job readiness skills and monthly stipends to facilitate the well-being and recovery of victims.

The Committee encourages the Government to continue its efforts to combat trafficking in persons, both for sexual and labour exploitation, and requests the Government to provide information on the activities undertaken by the TIP Inter-Ministry Committee and the TIP Task Force with a view to preventing trafficking, raise awareness, strengthen capacities, and provide assistance and support to victims of trafficking. It also requests the Government to provide information on any assessment of the implementation of the five-year Strategic TIP Action Plan 2019–23, recommendations formulated and measures taken thereof. The Committee further requests the Government to continue to provide information on the investigations and prosecutions related to trafficking in persons carried out, the number of perpetrators convicted, the sanctions imposed, and restitution paid to the victims under section 3(1) and (2) of the Trafficking in Persons Act 2008.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1(1) and 2(1) of the Convention. Freedom of public servants to leave their employment. The Committee previously noted the Government’s indication that public servants may leave their service subject to one month’s notice and asked for a copy of the General Orders governing the public service. It has noted the text of the General Orders now in force, which it has consulted on the Government’s web site. Referring also to the Government’s statement in its 2002 report that, since the adoption of the Employment Act 2001, a comprehensive review of the General Orders has become necessary, the Committee would appreciate it if the Government would supply information on any amendment of provisions relating to the termination of employment by public servants and communicate a copy of the revised General Orders, as soon as they are adopted.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Articles 1(1) and 2(1) of the Convention. Freedom of public servants to leave their employment. The Committee previously noted the Government’s indication that public servants may leave their service subject to one month’s notice and asked for a copy of the General Orders governing the public service. It has noted the text of the General Orders now in force, which it has consulted on the Government’s web site. Referring also to the Government’s statement in its 2002 report that, since the adoption of the Employment Act, 2001, a comprehensive review of the General Orders has become necessary, the Committee would appreciate it if the Government would supply information on any amendment of provisions relating to the termination of employment by public servants and communicate a copy of the revised General Orders, as soon as they are adopted.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Articles 1(1) and 2(1) of the Convention. Freedom of public servants to leave their employment. The Committee previously noted the Government’s indication that public servants may leave their service subject to one month’s notice and asked for a copy of the General Orders governing the public service. It has noted the text of the General Orders now in force, which it has consulted on the Government’s web site. Referring also to the Government’s statement in its 2002 report that, since the adoption of the Employment Act, 2001, a comprehensive review of the General Orders has become necessary, the Committee would appreciate it if the Government would supply information on any amendment of provisions relating to the termination of employment by public servants and communicate a copy of the revised General Orders, as soon as they are adopted.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee has noted the Government’s report, including the Government’s indications concerning measures taken to combat trafficking in human beings, provided in reply to the Committee’s general observation of 2000.

Freedom of public servants to leave their employment. The Committee previously requested the Government to supply a copy of the legislation governing the public service (general orders). It noted from the Government’s report of 1998 that the social partners had completed their review and amendments to the general orders, and that the result of the review was to be approved by the competent authority. In its latest report received in 2002, the Government indicates that the review of the general orders was halted, but individual articles are being amended, if necessary. It also states that, since the adoption of the Employment Act, 2001, a comprehensive review of the general orders has become necessary. While noting this information, the Committee again requests the Government to communicate a copy of the general orders now in force, including the amendments, and any other provisions relating to the freedom of public servants to leave the service.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee has noted the Government’s report.

Freedom to leave employment. In its earlier comments relating to the freedom of public servants to leave their employment, the Committee requested the Government to supply a copy of the legislation governing the public service (General Orders). It noted from the Government’s report of 1998 that the social partners had completed their review and amendments to the General Orders, and that the result of the review was to be approved by the competent authority. As the Government’s latest report contains no information on this point, the Committee again requests the Government to send a copy of the General Orders and of any amendments relating to the freedom to leave the service.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. The Committee notes the Government's report. In its previous comments, the Committee referred to the legislation governing the public service (General Orders) relating to the ability of public servants to leave employment. It notes from the Government's report that the social partners have completed their review and amendments to the General Orders, and that the result of the review should be approved by the competent authority. The Committee asks the Government to communicate a copy of the new text of the General Orders as soon as it has been adopted.

2. Article 2, paragraph 2(c). The Committee notes section 7 of Chapter 193 of the Prison Act and would be grateful if the Government would describe the circumstances and conditions under which prisoners carry out household and garden work.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information provided by the Government in its reports received in 1994 and 1996.

The Committee notes that a copy of the General Orders governing the public service, referred to in the Government's report of 1994, was not received with the reports. Noting also the Government's indication in 1994 that the above-mentioned General Orders would be reviewed in the near future, the Committee would appreciate it if the Government would send with its next report a copy of the General Orders then in force.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that once more the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. The Committee noted the information provided by the Government in its report for the period ending 30 June 1989 that selected prisoners were hired or placed at the disposal of private individuals or companies through the extramural programme. These prisoners were released daily, dispatched and picked up by prison officials and given monetary rewards which were placed in their individual accounts. The Government reported that these prisoners were not forced to accept outside employment as it is voluntarily accepted and they were guaranteed acceptable wages.

The Committee again asks that the Government send with its next report more detailed information regarding the extramural programme including a copy of any statute or regulations authorizing the programme, a description of the remuneration system (including any schemes for withholding sums as payment for the cost of incarceration) and information on the manner in which the consent of prisoners involved in the programme is secured.

2. The Committee, referring to its general direct request of 1981 and previous comments, again requests that the Government send with its next report a copy of the General Orders governing the public service.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. The Committee noted the information provided by the Government in its report for the period ending 30 June 1989 that selected prisoners were hired or placed at the disposal of private individuals or companies through the extramural programme. These prisoners were released daily, dispatched and picked up by prison officials and given monetary rewards which were placed in their individual accounts. The Government reported that these prisoners were not forced to accept outside employment as it is voluntarily accepted and they were guaranteed acceptable wages.

The Committee again asks that the Government send with its next report more detailed information regarding the extramural programme including a copy of any statute or regulations authorizing the programme, a description of the remuneration system (including any schemes for withholding sums as payment for the cost of incarceration) and information on the manner in which the consent of prisoners involved in the programme is secured.

2. The Committee, referring to its general direct request of 1981 and previous comments, again requests that the Government send with its next report a copy of the General Orders governing the public service.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. The Committee noted the information provided by the Government in its report for the period ending 30 June 1989 that selected prisoners were hired or placed at the disposal of private individuals or companies through the extramural programme. These prisoners were released daily, dispatched and picked up by prison officials and given monetary rewards which were placed in their individual accounts. The Government reported that these prisoners were not forced to accept outside employment as it is voluntarily accepted and they were guaranteed acceptable wages.

The Committee again asks that the Government send with its next report more detailed information regarding the extramural programme including a copy of any statute or regulations authorising the programme, a description of the remuneration system (including any schemes for withholding sums as payment for the cost of incarceration) and information on the manner in which the consent of prisoners involved in the programme is secured.

2. The Committee, referring to its general direct request of 1981 and previous comments, again requests that the Government send with its next report a copy of the General Orders governing the public service.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes the information provided by the Government in its report that selected prisoners are hired or placed at the disposal of private individuals or companies through the extramural programme. These prisoners are released daily, dispatched and picked up by prison officials and given monetary rewards which are placed in their individual accounts. The Government reports that these prisoners are not forced to accept outside employment as it is voluntarily accepted and they are guaranteed acceptable wages.

The Committee asks that the Government send with its next report more detailed information regarding the extramural programme including a copy of any statute or regulations authorising the programme, a description of the remuneration system (including any schemes for withholding sums as payment for the cost of incarceration) and information on the manner in which the consent of prisoners involved in the programme is secured.

2. The Committee, referring to its general direct request of 1981 and previous comments, again requests that the Government send with its next report a copy of the General Orders governing the public service.