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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body
- 13. The Committee examined this case at its June 2001 meeting [see 325th Report, paras. 97?110] where it made the following recommendations:
- (a) Expressing the firm hope that full consultations with the social partners will take place in good faith concerning the five draft Bills, and that the further amended Bills will comply with freedom of association principles, the Committee requests the Government and the complainants to keep it informed of the results of the working groups and to forward the final draft of the Bills prior to their adoption by Parliament so that the Committee may examine the conformity of the Bills with freedom of association principles.
- (b) The Committee draws the Government’s attention to the continued availability of ILO technical assistance in bringing the legislation into conformity with the principles of freedom of association and Convention No. 98, which has been ratified by the Bahamas.
- 14. In a communication dated 17 August 2001, the Government indicates that, contrary to the allegations of the workers’ organizations, tripartite consultations have taken place continuously since October 1996. After tabling the Bills in May 2000, which drew complaints from unions, bipartite dialogue and consultation were again initiated in October 2000; an average of three meetings were held monthly through April 2001. Extensive reviews were concluded on the Trade Union and Industrial Relations Bill (which the unions found the most objectionable) and the Employment Bill; most of the recommendations emanating from these consultative meetings have now been incorporated in amended drafts. The Government proposes to proceed with three of the five Bills initially tabled, i.e. the Employment Bill, the Occupational Health and Safety at Work Bill, and the Minimum Wage Bill. The Government also rejects the worker’s earlier assertion that their rights are in limbo due to constitutional uncertainties surrounding the Industrial Tribunal; in fact, the Industrial Tribunal continues to sit, hear and decide cases before it. The Government states that copies of the Acts will be submitted to the ILO after passage through legislature.
- 15. The Committee takes note of this information and, in particular that extensive consultations have taken place as regards some of these Bills. The Committee however notes with concern that the Government intends to communicate these pieces of legislation after their adoption, and not prior to it, as the Committee had initially recommended, so that it could examine their conformity with freedom of association principles. In these circumstances, the Committee is bound to reiterate its previous recommendation that full consultation take place with the social partners on all these issues, that the further amended Bills comply with freedom of association principles and that these be forwarded to the Committee before their adoption. The Committee once again draws the Government’s attention to the availability of ILO technical assistance on all these issues, and requests the Government to keep it informed of developments in this matter.
