Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Bahamas (Ratification: 2001)

Article 1(1)(a) of the Convention. Discrimination grounds. Legislation. In its previous comments, the Committee noted that the Employment Act, 2001, which prohibits discrimination but omits the grounds of colour, national extraction and social origin, was under review. The Committee notes the Government’s indication that the Department of Labour has submitted a proposed amendment to section 6(a) of the Employment Act, 2001, so as to include “national extraction” and “social origin” as two additional prohibited grounds of discrimination. The Committee understands from the Government’s report that it considers that the ground of “colour ” is covered by the ground “race” in section 6(a). The Committee recalls that difference of colour, and also national extraction, are often linked to the ground of race in constitutional or legislative provisions adopted to prohibit discrimination. However, the Committee considers that the grounds of colour and race should not be considered to be identical, as colour differences may exist between people of the same “race” (see General Survey on the fundamental Conventions, 2012, paragraph 762). The Committee asks the Government to take the necessary steps to amend section 6(a) of the Employment Act, 2001, so as to ensure that all discrimination in employment and occupation based on the grounds of colour, national extraction and social origin is prohibited, and to provide information on the specific steps taken to this effect.

The Committee notes that Government’s report contains no reply to its previous comments on other points. It hopes that the next report will include full information on the other matters raised in its previous direct request, which read as follows:

Article 1(1)(b). Other grounds of discrimination. The Committee notes the Government’s intention to examine, in the context of the ongoing review of the Employment Act, 2001, process, if it will incorporate provisions in line with the Convention, with respect to age, HIV/AIDS status and disability. The Committee recalls that these grounds, as well as the ground of “marital status”, are presently included in sections 6 and 7 of the Employment Act, 2001, prohibiting discrimination, and hopes that these grounds will be maintained in the revised legislation. The Committee asks the Government to provide information on any developments in this regard.

Articles 2 and 3. National policy and measures to promote equality. The Committee notes the Government’s intention to submit detailed and practical information, requested by the Committee in its previous comments, on the concrete measures taken to promote equality of opportunity and treatment in employment and occupation with respect to all the grounds covered by the Convention. Taking into account the ongoing review of the Employment Act, 2001, the Committee trusts that the Government’s next report will contain full information on the application of Articles 2 and 3 of the Convention following the questions listed in Part II of the report form.

Equality of opportunity and treatment between men and women. The Committee recalls its previous comments noting the occupational segregation of men and women, including in the higher occupational category of senior officials and managers. It also recalls that, despite the higher number of women graduating from training courses provided by the Bahamas Vocational Training Institute (BVTI), women remain concentrated in so-called typically female occupations such as cosmetology, office clerk and office systems administrator. In the absence of any further information on these points, the Committee reiterates its request to the Government to provide detailed information on the measures taken to address the segregation of men and women in various job categories, including at the higher levels and to promote women’s participation in a wider range of training courses, including those traditionally attended by men. Please also indicate, including by means of statistics disaggregated by sex, the results achieved of any measures taken to promote women’s access to a wider variety of jobs in the public and private sectors and to encourage them to take part in training courses in which men usually predominate and which have better career prospects.

Article 5. Special measures. The Committee recalls that article 26(4)(d) of the Constitution, by referring to the “special circumstances” of the persons protected from discrimination, would appear to allow for the taking of positive measures in favour of those covered by the Convention. The Committee notes the Government’s indication that it is committed to taking the necessary measures to ensure compliance with the Convention pending further review of the Employment Act, 2001, though it does not elaborate on the meaning of this constitutional provision, as requested by the Committee. The Committee therefore reiterates its request to the Government to indicate whether it has or intends to rely on article 26(4)(d) of the Constitution in order to take positive measures to promote the employment of women or certain disadvantaged groups. Please also indicate whether, in the context of the review of the Employment Act, 2001, a provision is envisaged providing for such positive measures.

Parts III and IV of the report form. The Committee notes that the Government’s report still does not contain any information regarding the questions raised in Parts III and IV of the report form, but that the Government expresses its commitment to providing such information. The Committee trusts that the Government will collect and provide information on the concrete measures taken by the Ministry of Labour to promote and ensure equality in employment and occupation, including information on relevant activities by labour inspection services and the public labour employment exchange services. Please also provide any relevant decisions of the Industrial Tribunal or the courts with regard to equality in employment and occupation, particularly decisions involving section 6 of the Employment Act and indicate the number of complaints that have been filed in recent years alleging discrimination in employment and education, and the outcome of such complaints.