Country profile BHS
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2000 | C182 | Dangerous Drugs Act - Sections 3–12, Section 22(4) and Section 29(5) | [{"link_name":"-Dangerous Drugs Act","source_link":"https://www.lexbahamas.com/DDA.pdf"},{"link_name":"-CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4124151,103215"}] | No | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | In its CEACR Direct Request on C182 of 2021, The Committee previously noted that the Dangerous Drugs Act of 2000 does not specifically establish offences related to the use, procuring or offering of a child for the production and trafficking of drugs. This Act makes it an offence to cultivate, manufacture, import, export, trade, or supply any dangerous drugs (Sections 3–12) and to supply dangerous drugs to a child or young person (Section 22(4)). According to Section 29(5), any person who attempts to commit an offence against this Act or solicits or incites another person to commit any of the offences shall be punished. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 1991 | C182 | Sexual Offences Act - Section 16A | [{"link_name":"Sexual Offences Act","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/100376/BHS100376%20.pdf"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | The Sexual Offenses Act makes it an offence to produce, for the purpose of publication or not, any child pornography which shall be punished with life imprisonment (Section 16A(1)). According to section 16A(2) of this Act, any person who receives or disseminates for the purpose of distribution or sale of any child pornography; or possess any child pornography; or intentionally causes or incites any person under the age of 18 years to be involved in child pornography shall be punished with an imprisonment for a term of 20 years. “Child pornography” as defined under section 16A(3) includes any photographic, film, video or visual representation transmitted by electronic or mechanical means that shows or depicts a child under the age of 18 years as being engaged in sexual activity. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1980-03-31 | C182 | Defence Act - Section 16 (2) | [{"link_name":"Defence Act","source_link":"https://laws.bahamas.gov.bs/cms/images/LEGISLATION/PRINCIPAL/1979/1979-0007/1979-0007_1.pdf"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | There is no conscription in the Bahamas. The minimun age for voluntary Recruitment is 18. Section 16 (2) of the Defense Act provides that a recruiting officer shall not enlist a person under the age of eighteen years in the regular Force. Moreover, the onus is on the Recruiting Officer to be satisfied that a recruit is over the age of 18 years. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2017-03-31 | C182 | Trafficking in Persons (Prevention and Suppression) Act | [{"link_name":"-CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4124151,103215:NO"},{"link_name":"-Trafficking in Persons (Prevention and Suppression) Act","source_link":"https://oig.cepal.org/sites/default/files/2008_traffickinginpersonspreventionandsuppressionact_bhs.pdf"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | In its Direct Request (CEACR) on C182 adopted in 2021 the committee mentions having noted the provisions of the Trafficking in Persons (Prevention and Suppression) Act of 2008 (Trafficking in Persons Act) which provides that the trafficking of children under the age of 18 years for exploitation (which includes commercial sexual exploitation, forced labour, practices similar to slavery and servitude (section 2)), constitutes an aggravating circumstance giving rise to imprisonment for up to ten years (sections 3(4) and 8(1)(c)). |
| List of hazardous activities prohibited for children | N/A | C138 & C182 | N/A | [{"link_name":"CEACR Observation","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4124005,103215"}] | No | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | In Its CEACR Observation on C138, 2023, "the Committee urges the Government take the necessary measures, without delay, to ensure that a list of types of hazardous work prohibited for persons under the age of 18 years is elaborated, in consultation with the social partners, and adopted in the very near future." |
| Minimum age for hazardous work | 2007-01-16 | C138 & C182 | Child Protection Act - Section 7(1) | [{"link_name":"Child Protection Act","source_link":"https://natlex.ilo.org/dyn/natlex2/r/natlex/fe/details?p3_isn=75790"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Section 7(1) of the Child Protection Act, 2007 provides that no child – a person below the age of 18 years – shall be employed or engaged in any activity that may be detrimental to his health, education, or mental, physical or moral development. |
| Minimum age for admission to apprenticeship | No information | C138 | No information | [{"link_name":"No information","source_link":"No information"}] | No | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | No information |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2007-01-16 ; 1962-05-23 | C138 | Child Protection Act - Section 7(2) ; Education Act - Section 22(3) | [{"link_name":"-Child Protection Act","source_link":"https://natlex.ilo.org/dyn/natlex2/r/natlex/fe/details?p3_isn=75790"},{"link_name":"-Education Act","source_link":"https://natlex.ilo.org/dyn/natlex2/r/natlex/fe/details?p3_isn=78667&cs=1iyArs0pzkgwSXR7UnxnUIM4HhJUEY3Gt_y4uCH8FNT9vxkPqMt9oWTNfAMGassLDIU8q_5ScqxiS7qOW4AKTeg"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Section 7(2) of the Child Protection Act of 2007 establishes a minimum age of 16 years for admission to employment or work. This is in Line with Section 22(3) of the Education Act of 1962, according to which the age of completion of compulsory schooling is 16 years. |
| Light work - Determination of types and conditions of activities | N/A | C138 | N/A | [{"link_name":"CEACR Observation","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4324774,103215:NO"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | According to the ILO CEACR Observation on C138, 2023, "The Committee once again urges the Government to take the necessary measures without delay to bring the national legislation in line with the Convention by determining the light work activities that may be permitted to children of 12 or 13 years and above, subject to raising of the minimum age, and the conditions in which such employment or work may be undertaken by them. It requests the Government to provide information on any progress made in this regard." |
| Minimum age for light work | 2007-01-16 | C138 | Child Protection Act - Section 7(3)(a) | [{"link_name":"-Child Protection Act","source_link":"https://natlex.ilo.org/dyn/natlex2/r/natlex/fe/details?p3_isn=75790"},{"link_name":"-CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4124005,103215"}] | 12 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | Section 7(3)(a) of the Child Protection Act, 2007, provides that a child under the age of 16 may be employed by the child’s parents or guardian in light domestic, agricultural or horticultural work. According to the ILO CEACR Observation on C138, 2021. "The Committee requested the Government on several occasions to provide information on the measures taken or envisaged in respect of provisions or regulations which would determine light work activities and the conditions in which such employment or work may be undertaken by young persons from the age of 12 years." |
| Minimum age for admission to work | 2002 | C138 | Employment Act - Sections 49 and 50 | [{"link_name":"Employment Act","source_link":"https://laws.bahamas.gov.bs/cms/images/LEGISLATION/PRINCIPAL/2001/2001-0027/2001-0027.pdf"}] | 14 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Whild Section 49 of the Act defines a child as a person aged below 14 years, Section 50 prohibits the employment of any child in undertaking except as expressly provided in the First Schedule. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 14-JUN-2001 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 31-OCT-2001 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| In its Observation (CEACR) - adopted 2023 on C138 the Committee notes the Government’s indication, in its report, that the National Policy for the Prevention and Elimination of Child Labour (NCLP) was adopted in 2021 by the National Tripartite Council (NTC), in collaboration with the ILO Office. The National Child Labour Policy is designed to achieve the following goals to prevent, prohibit and eradicate child labour in The Bahamas (i) Prevent and prohibit children from entering the labour market before the minimum age of employment and develop methods to report incidents and establish penalties for violators, (ii) Protect children through withdrawal from situations of child labour and worst forms of child labour (WFCL) by increasing opportunities for youth employment and monitoring children impacted by natural disasters; and (iii) Increase public awareness emphasizing the difference between child labour and acceptable work for children while creating public awareness campaigns. | [{"link_name":"CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4324774,103215"}] | 2021-2025 | The National Child Labour Policy | National Tripartite Council |