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

Abolition of Forced Labour Convention, 1957 (No. 105) - Bahamas (Ratification: 1976)

Article 1(d) of the Convention. Punishment for participation in strikes. For many years, the Committee has been requesting the Government to amend certain provisions of the Industrial Relations Act (IRA) with a view to ensuring compliance with the Convention. It referred to sections 73 and 76(1) of the Industrial Relations Act, under which the recourse to strike action when a dispute in non-essential services is referred by the Minister to the tribunal for settlement (section 73) and the failure to discontinue the participation in a strike which, in the opinion of the Minister, affects or threatens the public interest (section76 (1)), are both punishable with penalties of imprisonment under sections 74(3), 77(2)(a) and 76(2)(b) respectively. The Committee noted that penalties of imprisonment involve an obligation to perform labour, under section 10 of the Prisons Act and rules 76 and 95 of the Prison Rules.

The Committee notes that the Government once again reiterates in its report that the Industrial Relations Act is currently under review by the National Tripartite Council and that it understands the seriousness of the Committee’s concerns. The Committee therefore once again expresses the firm hope that the Government will take the necessary measures to amend sections 73, 74(3), 77(2)(a), 76(1) and 76(2)(b) of the Industrial Relations Act, so as to ensure that persons who organize or peacefully participate in a strike are not liable to the sanction of imprisonment. The Committee also refers to its comments made in 2024 under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).