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

Minimum Age Convention, 1973 (No. 138) - Bahamas (Ratification: 2001)

Article 1 of the Convention. National policy. The Committee notes the Government’s statement, in its report, that it is continuing to implement the National Policy for the Prevention and Elimination of Child Labour (NCLP) and the Decent Work Country Programme (2021–26) (DWCP) towards the effective elimination of child labour.

The Committee also notes from the Government’s information that, regarding developments in the framework of the NCLP, the Cabinet approved the creation of a National Steering Committee on Prevention and Elimination of Child Labour, and the Department of Labour is currently awaiting Cabinet conclusions to proceed with its establishment.

The Committee further notes the Government’s indication that it does not have updated statistics on the employment of children in economic activities in the Bahamas. The Committee reminds the Government of the importance of compiling up-to-date statistics on child labour to assess the application of the Convention. The Committee requests the Government to continue its efforts to ensure the progressive elimination of child labour. In this regard, it requests the Government to provide information on: (i) the establishment of the National Steering Committee on Prevention and Elimination of Child Labour, its mandate and actions taken; (ii) the concrete measures taken in the framework of the NCLP and DWCP; and (iii) the concrete results achieved towards the progressive elimination of child labour. The Committee also once again requests the Government to provide updated statistics on the nature and trends of child labour in the country.

Article 2(1). Scope of application and labour inspection. Following its previous comments, the Committee notes the Government’s statement that it continues to strengthen the capacity of the Labour Inspectorate within the Department of Labour, including by: (1) ensuring that the Labour Inspectorate has an adequate number of inspectors; (2) allocating five new vehicles to the Labour Inspectorate; and (3) enhancing the effectiveness of the Labour Inspectorate through the use of drones in inspections.

The Committee notes the Government’s general statement of its commitment to expanding the Labour Inspectorate’s reach into the informal economy and its intention to provide updates on specific measures taken and the results achieved. However, the Committee also notes the Government’s information that no violations related to the employment of children and young persons were detected during this reporting period. In this regard, the Committee emphasizes that data from the Labour Inspectorate may not always accurately reflect the prevalence of child labour in the country (2012 General Survey on the fundamental Conventions, para. 408). The Committee, therefore, requests once again the Government to: (i) redouble its efforts to adapt and strengthen the labour inspection services to effectively monitor and detect cases of child labour, including children working on their own account or in the informal economy; and (ii) provide updated information on the measures taken and the results achieved, including the number and nature of violations related to the employment of children and young persons detected by the Labour Inspectorate.

Article 2(2). Raising the minimum age for admission to employment or work. The Committee previously noted that the minimum age for admission to employment or work provided for in national legislation is 16 years (by virtue of section 7 of the Child Protection Act of 2007), while the minimum age for employment or work specified by the Bahamas at the time of ratification of the Convention is 14 years. The Committee notes the Government’s statement that the National Tripartite Council (NTC) and the Department of Labour are currently reviewing the possibility of submitting a declaration to notify the Director-General of the ILO of an increase in the minimum age for employment or work from 14 to 16 years. The Committee therefore encourages the Government to send, to the ILO Director-General, a new declaration stating that the Bahamas has raised the previously specified minimum age from 14 to 16 years of age, under Article 2(2) of the Convention.

Article 3(2). Determination of types of hazardous work. The Committee notes the Government’s indication that the National Tripartite Council and the Department of Labour are still in the process of reviewing and amending the Employment Act to adopt a list of types of hazardous work prohibited for persons under the age of 18 years. The Committee recalls that it has been raising this question for more than 20 years, and it therefore notes with regret the lack of any progress in adopting such a list. The Committee therefore once again urges the Government to take the necessary measures, without further 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. It once again requests the Government to provide information on any progress made in this regard and to supply a copy of the list, once adopted.

Article 6. Apprenticeships. Following its previous comments, the Committee notes with satisfaction the promulgation of the Apprenticeship Act, 2024, which defines, in its section 12, an apprentice as a person who is 16 years of age and older.

Article 7(1) and (3). Minimum age for admission to light work and determination of types of light work activities. The Committee previously observed that, while the minimum age for admission to light domestic, agricultural or horticultural work is 14 years (section 7(3)(a) of the Child Protection Act and section 50 of the Employment Act), there is no minimum age set for light work of children under 14 years employed in the undertakings listed in the First Schedule of the Employment Act. The Committee notes the Government’s indication that the National Tripartite Council and the Department of Labour are still in the process of reviewing and amending the Employment Act to include a clearly defined category of “light work”.

The Committee recalls that Article 7(4) of the Convention allows for a lower minimum age of 12 years for light work, only if the specified minimum age for employment or work is 14 years as per Article 2(4) of the Convention, while Article 7(1) sets 13 years as the minimum age for light work, if the minimum age specified for employment or work is 15 years. The Government should therefore take into consideration that when the minimum age for admission to employment or work is raised from 14 to 16 years, as per Article 2(2) and (3) of the Convention, the minimum age for light work should also be set accordingly. The Committee requests the Government to take the necessary measures without delay to bring the national legislation in line with the Convention by: (i) clearly setting a lower minimum age for admission to light work; (ii) determining the light work activities that may be permitted; and (iii) the conditions in which such employment or work may be undertaken. It requests once again to provide information on any progress made in this regard.