Direct Request (CEACR) - adopted 2025, published 113rd ILC session (2025)

Article 1(1)(b) of the Convention. Additional discrimination grounds. Disability. In its report, the Government reports on measures to promote equality of opportunity and treatment for persons with disabilities. These include targeted job fairs conducted with the Ministry of Education and partnerships with employers such as ALIV (a Bahamian telecommunication brand) and NAD (Nassau Airport Development Company). The Government also reports the provision of assistive and adaptive devices and the development of an Access Ability App, which is to be linked to the Department of Labour’s skills bank by end-2025. The Government further indicates that: (1) 66 registrants with disabilities received entrepreneurship training and mentorship through the Small Business Development Centre (SBDC); (2) a 52-week public service placement programme placed 20 persons with disabilities in a telecommunications company and 30 in Government departments; (3) 10 blind students were trained using Job Access With Speech (JAWS) software; (4) 16 persons were trained as receptionists with subsequent placements; and (5) 10 persons with disabilities were included in the National Apprenticeship Programme and the adoption of reasonable accommodation measures within the National Commission for Persons with Disabilities. Finally, the Government reports the launch of a pilot Adult Day Programme by the Disability Affairs Division and the Community Affairs Division of the Ministry of Social Affairs on September 17, 2024, operating two days per week, to support skills development and community-based employment. The Committee welcomes these initiatives. Itrequests the Government to continue providing information on its efforts to ensure equality of opportunity and treatment in employment and occupation for persons with disability. In this regard, the Committee asks the Government to indicate the measures adopted by the National Commission on Persons with Disability and labour inspection services to ensure equality in access to employment and conditions of work for persons with disabilities, and the results achieved.Please provide consolidated and sex-disaggregated information on allegations of discrimination based on disability received and handled by the National Commission (including via the App), the subjects concerned, actions taken, outcomes and any sanctions or remedies.

Article 2. National policy and measures to promote equality of opportunity and treatment between men and women. The Committee notes the Government’s indication that a National Gender Equality Policy and Strategic Implementation Plan is under development. It also notes the report of awareness initiatives undertaken during the period under review, including the February 2025 National Women’s Symposium (“Let’s Move”), as well as community-based outreach with civil society and faith-based partners and messaging during National Family Week in 2024 and 2025. It recalls its previous request and concerns regarding institutional capacity, resourcing and monitoring. TheCommittee asks the Government to provide information on: (i) the status of the National Gender Equality Policy and Strategic Implementation Plan; and (ii) any interim measures with a view to eliminating discrimination in accordance with Article 2 of the Convention.

Application in practice. Enforcement. The Government states that no dedicated programme is yet in place to address discrimination in employment. It also indicates that no recent complaints alleging discrimination in employment have been filed and acknowledges that fear of stigma or retaliation may deter reporting. The Committee wishes to recall that the absence of complaints is not an indicator of the absence of discrimination on the grounds prohibited by the Convention in practice. An absence of complaints may also reflect the lack of an appropriate legal framework, the lack of awareness, understanding and recognition of discrimination among government officials, and workers and employers and their organizations, as well as the lack of access to or the inadequacy of complaints mechanisms and means of redress, or fear of reprisals (2012 General Survey on fundamental Conventions, para. 790). The Committee thus encourages the Government to: (i) improve awareness and training for labour inspectors, public officials, judges, employers and workers’ organizations, equality bodies and the general public to improve understanding and detection; (ii) ensure accessible, confidential and safe mechanisms for filing complaints; (iii) address fear of stigma and reprisals; (iv) promote social partners engagement; and (v) develop systems for gathering sex and other relevant disaggregated data.

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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine Conventions Nos 100 (equal remuneration), and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Article 1(1)(a), 2 and 3(b). Prohibited grounds of discrimination. Colour, national extraction and social origin.Legislation. The Committee notes the Government’s acknowledgement, in its report, that “colour”, “national extraction” and “social origin” are not yet expressly included as prohibited grounds in the Employment Act, 2001, and its indication that, within a broader Labour Reform exercise, a second draft White Paper consolidating tripartite recommendations is being prepared for Cabinet consideration. It also notes the consultative steps reported (Labour Legislation Reform Symposium in July 2024; and stakeholder meeting on labour law modernization in May 2025), and the indication that, pending reform, the Department of Labour investigates workplace discrimination allegations in line with the Convention. The Government further indicates it is not aware of judicial decisions specifically on these three grounds. The Committee nevertheless recalls with concern that it has been urging the inclusion of these grounds since 2012 and that legislative alignment has not yet been achieved. The Committee therefore urges the Government to take without delay the necessary measures to amend the Employment Act so as to expressly prohibit direct and indirect discrimination on the grounds of “colour”, “national extraction” and “social origin”. It also requests for information on any interim measures taken to ensure protection in practice on these grounds.

Discrimination based on sex. Sexual harassment. The Committee notes the Government’s indication that the Employment Act remains under review and that the Committee’s requests on defining and prohibiting sexual harassment in all its forms, ensuring coverage for all workers, and establishing effective prevention, complaint, investigation and penalty mechanisms are under consideration. It also notes the Government’s statement that data on complaints under section 26 of the Sexual Offences and Domestic Violence Act, 2010 will be compiled and provided at a later date. The Committee further notes the adoption of the Protection Against Violence Act 2023, a criminal law, which defines ’Sexual Harassment’ as an act or behaviour of making unwelcome or inappropriate sexual remarks or physical advances. The Committee recalls that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, which is harder to meet, especially if there are no witnesses (which is often the case), and the fact that criminal law generally focuses on sexual assault or “immoral acts”, and not the full range of behaviour that constitutes sexual harassment in employment and occupation (2012 General Survey on the fundamental Conventions, para. 792). Therefore, the Committee strongly urges the Government to take steps to define and prohibit sexual harassment at work in all its forms (both quid pro quo – i.e. blackmail – and hostile work environment), in relation to all aspects of employment. It also requests for consolidated statistics on complaints filed under section 26 (disaggregated by sex, sector, nature of conduct, outcome and penalties).

Articles 1 to 3. National policy for equality of opportunity and treatment. Sex. Occupational segregation. The Committee notes the Government’s indication that the Gender Unit at the Department of Labour has not yet been established and that, pending its creation, measures to expand women’s access to non-traditional sectors and reduce occupational segregation are pursued through the National Apprenticeship Programme and National Training Agency (NTA) courses (including Caribbean Vocational Qualifications (CVQs) in technical trades). It also notes the July 2025 pre-apprenticeship pilot (Maritime and Construction) with 50 enrolees and 48 completions, 13 females and 11 males in the Construction programme, and 15 females and 9 males in the Maritime programme. Taking note of the findings of January 2025 Labour Force Survey, the Committee observes that gender gaps persist in labour market outcomes: the female unemployment rate (11.2 per cent) exceeded that of men (10.4 per cent); women accounted for 49.5 per cent of the labour force; and the labour force participation rate remained lower for women (72per cent) than for men (80.4 per cent). The data also shows that as of January 2025, there were 106,480 individuals outside the labour force, with women comprising 59.6 per cent, and men 40.4 per cent. It further notes persistent occupational segregation: women constitute 81.8 per cent of clerks, but only 10.0 per cent of craft and related workers and 11.7 per cent of skilled agriculture and fishery workers. These results point to continuing barriers to women’s access to a wider range of jobs and sectors with better prospects. In this regard, the Committee considers that sustained action and measurable results are required. The Committee requests the Government to provide information on concrete measures taken or envisaged to reduce occupational segregation (e.g. targeted outreach, mentorship/scholarships, workplace adjustments, childcare/transport support, and safe-work measures) and their results.

Article 5. Special measures. Promotion of the employment of women and disadvantaged groups. The Committee notes the Government’s indications of targeted initiatives to promote the employment of disadvantaged groups, including: the first “Differently Abled Job Fair” held on 21 June 2025 (with plans for a second event), the “Labour on the Blocks” community outreach bringing job opportunities and practical support (documents, resume assistance and attire) to areas where disadvantaged groups reside, and the Bahamas National Apprenticeship Programme (NAP) launched on 1 July 2025, which commits to equitable access and reasonable accommodation for persons with disabilities. The Committee also notes complementary disability-inclusion measures reported (e.g. partnerships, accessibility initiatives, and the Access Ability App linking users to employment services) and recalls its pending request to clarify whether such actions constitute positive measures adopted pursuant to article 26(4)(d) of the Constitution. The Committee requests the Government to clarify (i) whether these actions constitute positive measures adopted pursuant to article 26(4)(d) of the Constitution; and (ii) the coordination with the National Commission for Persons with Disabilities and the Department of Gender and Family Affairs to ensure that women and other disadvantaged groups benefit from these measures, and the monitoring and results achieved.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

The Committee recalls that the underlying causes of the gender pay gap are closely related to equality of opportunity and treatment between men and women in employment and occupation, and in particular to matters such as access to employment and occupation, occupational segregation, an unbalanced distribution of family responsibilities, and gender roles and stereotypes. The Committee refers, in this regard, to its comments above on Convention No. 111.

Articles 1 to 4. Gender pay gap. The Committee notes the Government’s indication, in its report, that it is awaiting additional information to assess the underlying causes of wage differentials between men and women, including occupational gender segregation. It further notes the transmission of sex-disaggregated labour market statistics compiled by the Bahamas National Statistical Institute (BNSI), including quarterly data on labour force status by sex and island, educational attainment, employment status and the distribution of employed persons by sex and occupational group (Q3-2023). These figures suggest marked horizontal segregation. Moreso, the Committee notes the absence of information on the earnings of men and women in the public and private sectors and any available national estimates of the gender pay gap. Consequently, the Committee requests the Government to: (i) provide any available statistics on earnings of men and women by sector and occupation, and any national estimates of the gender pay gap; and (ii) report on concrete steps taken to identify the drivers of observed differentials and the measures adopted or envisaged to address them.

Articles 1 and 2. Principle of equal remuneration for men and women for work of equal value. Legislation. The Committee notes the Government’s indication that, in consultation with the National Tripartite Council, it is reviewing section 6 of the Employment Act, 2001 within the broader Labour Legislative Reform exercise, and that the Labour Reform White Paper remains under consideration. It recalls, however, its long-standing concern that section 6 unduly confines comparisons to “the same establishment” and to jobs requiring “substantially the same skill, effort and responsibility” performed under “similar working conditions”, which is not in line with the principle of the Convention. The Committee once again urges the Government to proceed with amendments giving full legislative expression to the principle of equal remuneration for men and women for work of equal value. It also request for an update on the status and content of the Labour Reform White Paper as it relates to section 6.

Article 2. Wage-fixing mechanisms. Public service. The Committee notes the Government’s explanations on how salary scales are set and applied in the public service, including: (1) the use of a post-classification system (by required qualifications, duties and responsibilities, internal equity and fiscal guidelines) and graded scales with incremental steps (such as GR (General Ranks), A (Administrative), and AF (Agriculture and Fisheries); and (2) the Policy for New Entrants effective 1 October 2009, under which new appointees are placed at the minimum of the assigned scale with recognition of prior experience according to a standardized formula, and with limited exceptions for senior technical/professional posts. In this regard, the Committee requests the Government to clarify whether gender-neutral, objective job evaluation underpins grading and scale setting. It also requests that copies of any relevant guidelines, classification manuals or evaluation tools used to determine grading and starting rates also be provided.

Articles 2(2)(c) and 4. Co-operation with workers’ and employers’ organizations. The Committee notes the Government’s indication that it continues to collaborate with workers’ and employers’ organizations, including through quarterly meetings between the Minister of Labour and national trade unions, and that 55 industrial agreements were concluded over the past three and a half years (2021–25). It further notes the Government’s statement that these agreements set remuneration on the basis of the post without differentiation by sex, as well as its acknowledgement that, in organizations without industrial agreements, no formal mechanism currently exists to verify consistent application of the principle. The Committee also notes that the International Labour Relations Unit is seeking a copy of the current agreement with the Bahamas Public Services Union (BPSU) for transmission. Recalling Article 4 of the Convention, the Committee requests the Government to take concrete steps, developed with the social partners, to promote the principle of equal remuneration for work of equal value in collective bargaining. In particular, it asks the Government to: (i) encourage and support the inclusion in collective agreements of explicit equal-remuneration clauses and gender-neutral and objective job-evaluation provisions, and to report on awareness-raising and training provided to negotiators; (ii) transmit copies of agreements that contain such provisions, including the current BPSU agreement once available; and (iii) describe measures to address enterprises not covered by industrial agreements to verify application of the principle in practice.

Article 3. Objective job evaluation methods. The Committee notes the Government’s recognition of the importance of developing and applying objective job-evaluation methods to give full effect to the principle of “equal remuneration for work of equal value”, and its indication that further details, including the time frames proposed for their implementation, will be provided once additional information is received. The Committee wishes to recall that the concept of “equal value” requires measuring and comparing different jobs using gender-neutral, objective and non-discriminatory criteria such as skills, effort, responsibility and working conditions (2012 General Survey, para. 695). Consequently, the Committee requests the Government to adopt and transmit a time-bound plan for the design and implementation of an objective job-evaluation method, indicating also the methodology to be used and the intended coverage.

Conventions Nos 100 and 111 – Application in practice

Awareness-raising and enforcement. The Committee notes the Government’s indication that amendments to the Employment Act are being pursued to strengthen protections against wage discrimination, that employees who suspect unequal remuneration may report to the Department of Labour for investigation, and that labour inspectors receive continuous training and conduct regular, educative inspections promoting compliance with national labour laws, including the Employment Act and the Health and Safety at Work Act. It further notes the Government’s statement that no courts or tribunals have handed down decisions relating to the principle of the Convention. The Committee recalls that an absence of cases or complaints may signal barriers to effective enforcement rather than an absence of unequal pay (2012 General Survey, paras 870 and 871). The Committee reiterates its request to the Government to: (i) take measures to raise awareness of the relevant legislation, to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination and unequal pay; and (ii) provide information on any activities undertaken in this regard.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous observation and direct request

Article 1(1)(b) of the Convention. Additional discrimination grounds. The Committee takes note of the information provided by the Government’s report on the powers, responsibilities and priorities of the National Commission, including the examination of complaints for discrimination, and notes that, among its activities, the Government refers to the creation of the ‘Access Ability App’, which can be installed on cellphones to obtain information pertaining to employment, general matters or lodging complaints in real time. The Government adds that, in the future, the Commission will appoint inspectors who shall be empowered to investigate and recommend prosecution or any other remedy against any persons who infringe against any provision of the Persons with Disabilities Act. Finally, the Committee welcomes the ratification of the Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) on 30 November 2022. The Committee asks the Government to pursue its efforts and to provide information on the activities of the National Commission for Persons with Disabilities concerning specifically equal opportunity and treatment in access to employment and occupation and conditions of work.

Article 2. National policy and measures to promote equality of opportunity and treatment between men and women. The Committee notes that the Government does not provide any information in reply to its previous request on this point. The Committee further notes from the 2019 Labour Force Survey that, in 2018, women represented 48 per cent of the total labour force. In 2019, the labour force participation rate for women was 76.8 per cent and 85.9 per cent for men. The Committee notes from the concluding observations of the CEDAW that a draft gender policy implementation plan was being considered and would include a comprehensive strategy to address discriminatory stereotypes and harmful practices. Despite this progress, the CEDAW expressed concern over: (1) the lack of effective mechanisms, and the insufficient State-level budgetary allocations, to implement and monitor the laws relating to gender equality; (2) the limited autonomy and authority of the Department of Gender and Family Affairs to effectively carry out its mandate; (3) the limited involvement of civil society organizations in the planning and development of policies, programmes and activities relating to women’s rights; (4) the delay in adopting the draft gender policy and the draft strategic plan for the Department; (5) the persistence of deep-rooted patriarchal attitudes and discriminatory stereotypes concerning the roles and responsibilities of women and men in the family and in society, which are reflected in the insufficiency of public awareness of or debate on women’s rights and gender equality; and (6) women, in particular those belonging to disadvantaged groups, are unaware of their rights and thus lack the information necessary to claim them (CEDAW/C/BHS/CO/6, 14 November 2018, paragraphs 5, 11, 13, 15 and 21). The Committee once again asks the Government to: (i) take concrete steps to declare and pursue actively a national gender equality policy with a view to eliminating discrimination in accordance with Article 2 of the Convention, which should include not only legislative or administrative measures but also policies and action programmes, awareness-raising initiatives, and the establishment of a body specialized in promoting equality and non-discrimination; and (ii) provide information on any awareness-raising activities undertaken among women, including those belonging to disadvantaged groups, on their rights under the Convention.

Application of the Convention in practice. Enforcement. The Committee notes that significant improvements were made in labour inspections. The Government also indicates that there have not been any discrimination cases discovered. The Committee asks the Government to provide information on: (i) any practical steps taken by the Ministry of Labour to address discrimination and ensure equality in employment and occupation, including information on the enforcement and awareness-raising activities of labour inspection services; (ii) 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 (iii) the number of complaints that have been filed in recent years alleging discrimination in employment and education, and the outcome of such complaints.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1(1)(a) of the Convention. Grounds of discrimination. Legislation. The Committee takes note of the Government’s statement, in its report, that the National Tripartite Council and the Department of Labour are reviewing the Employment Act with the hope of prohibiting discrimination on the basis of all the grounds specified in Article 1(1)(a). However, the Committee notes with concern that the Government has been referring to its intent to amend the law to this effect since 2012 and that no improvement has been reached so far to include “colour”, “national extraction” and “social origin” in the list of prohibited grounds of discrimination. The Committee recalls that where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention. In view of the above, the Committee urges the Government to amend the Employment Act of 2001 accordingly so as to include the grounds of “colour”, “national extraction” and “social origin”. In the meantime, it asks the Government to provide: (i) information on the specific steps taken to ensure protection against direct and indirect discrimination in employment and occupation, in practice, on the basis of the above grounds; and (ii) a copy of any judicial decision relating to cases of discrimination in employment and occupation.

Discrimination based on sex. Sexual harassment. The Committee welcomes the ratification, by the Government, of the Violence and Harassment Convention, 2019 (No. 190) in November 2022. The Committee further notes that, according to section 26 of the Sexual Offences Act 2010, is guilty of the offence of sexual harassment: (1) a prospective employer who importunes or solicits sexual favours from another person; (2) any person in a position of authority over, or being a co-worker of, another person in any place of employment and who importunes or solicits sexual favours from that person; or (3) any person who importunes or solicits from a person in a position of authority any benefit or advantage against the promise of sexual favours. The Committee recalls that criminal provisions are not completely adequate in discrimination cases because, inter alia, they do not always provide a remedy to the victim and are very unlikely to cover all forms of conduct that amount to sexual harassment (see the 2012 General Survey on the fundamental Conventions, paragraph 792). The Committee requests the Government to ensure that the above-mentioned amendment of the Employment Act will also include provisions: (i) defining and prohibiting sexual harassment at work in all its forms (quid pro quo and hostile environment), in relation to all aspects of employment; (ii) covering all workers in all economic sectors; and (iii) envisaging the adoption and implementation of prevention measures and complaint, investigation and penalty mechanisms at the enterprise level. In the meantime, the Committee requests the Government to provide information on: (i) the number, nature and outcome of complaints filed on the basis of section 26 of the Sexual Offences Act 2010, and the penalties imposed; and (ii) any preventive and awareness-raising measures implemented, in cooperation with the employers’ and workers’ organizations, to combat sexual harassment in employment and occupation.

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee notes that the Government indicates that the Department of Labour is developing a Gender Unit under the guidance of the Organization of American States, geared towards fostering awareness of employment inequalities and encouraging employers to create safe working environments for all employees. The Committee further notes the Government’s indication that it has created an International Labour Relations Unit, dedicated to liaising with international bodies to ensure awareness of all issues relative to persons in the world of work, including gender, and that this creates the framework to ensure that the gender divide in traditionally male jobs is lessened. The Committee notes that no further information is provided: (1) to indicate how it is addressing occupational segregation between men and women in practice, including through the activities of the International Labour Relations Unit; and (2) in reply to its previous requests. It notes, from the 2019 Labour Force Survey, the persisting occupational segregation in the country: 510 women and 18,790 men working in the construction sector; 22,860 women and 16,855 men working in hospitality sector, and 6,290 women and 12,300 men working on transport, storage and communication. The Committee therefore reiterates its request to the Government to: (i) provide detailed information on the measures taken to address the occupational segregation of men and women and to promote women’s participation in a wider range of training courses, including those traditionally undertaken by men; and (ii) indicate, including by means of statistics disaggregated by sex, the results achieved by the adoption of any measures to promote women’s access to a wider variety of jobs which have better career prospects in the public and private sectors.

Article 5. Special measures. In the absence of information provided by the Government in this regard, the Committee reiterates its request that it indicate whether it has taken or intends to take positive measures pursuant to article 26(4)(d) of the Constitution, to promote the employment of women or certain disadvantaged groups and to provide information on any measures adopted in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap and its underlying causes. The Committee notes that the Government neither provides the requested information to allow it to assess the gender wage gap in the country, nor does it indicate the steps taken to determine the underlying causes for wage differentials between women and men, and the measures taken to address these differentials. It also notes, from the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), that concerns remain over: (1) the disproportionately high unemployment rate among women, notwithstanding their higher level of educational attainment; (2) the continued occupational segregation in the labour market; (3) the concentration of women in low-wage jobs in the formal and informal sectors; and (4) the large amount of unpaid and unrecognized work done by women, which does not count towards their eligibility for retirement and other work-related benefits (CEDAW/C/BHS/CO/6, 14 November 2018, paragraph 35). The Committee requests, once again, the Government to take all the necessary steps to: (i) determine and address the underlying reasons for wage differentials between men and women, such as occupational gender segregation; and (ii) indicate the measures taken or envisaged to address these differentials in various occupations, particularly in the higher-level occupational category of senior officials and managers. To fully assess the extent of the gender pay gap, the Committee once again asks the Government to provide statistical information on the earnings of men and women in the various economic sectors in the public and private sectors as well as any available statistical data on the gender pay gap.

Articles 1 and 2(2)(a). Equal remuneration for work of equal value. Legislation. The Committee notes the Government’s indication, in its report, that efforts are being made towards the adoption of a bill amending the Employment Act. However, it notes with concern the Government’s statement that no progress was made to amend section 6 of the Employment Act, 2001, which unduly limits the scope of “work of equal value” to work performed in the same establishment, requiring substantially the same skill, effort and responsibility, and which is performed under similar working conditions. The Committee draws the Government’s attention to the fact that “work of equal value” for women and men can: (1) be performed under different working conditions; (2) require different professional skills; (3) require different levels of effort; and (4) involve different responsibilities. When determining the value of different jobs, the value does not have to be the same with respect to each factor taken into consideration. Determining the value is about the overall value of the job when all the factors are taken into account together. It also recalls that the application of the Convention’s principle is not limited to comparisons between men and women in the same establishment or enterprise. It allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers. In this regard, the Committee refers to paragraphs 672–677 and 697 of its General Survey on the fundamental Conventions, 2012. Recalling that the Committee has been asking the Government to bring its legislation in line with the requirements of the Convention since 2004, it once again urges the Government to take the necessary measures to: (i) amend section 6 of the Employment Act, 2001, in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value; (ii) ensure that the legislation allows for the comparison not only of jobs in the same establishment and requiring substantially the same skills, efforts and responsibility, and performed under similar working conditions, but also of work of an entirely different nature which is nevertheless of equal value, and provides for a broad definition of “remuneration” as set out in Article 1(a) of the Convention; and (iii) provide information on the progress achieved to this end.

Article 2. Determining rates of remuneration. Public service. The Committee welcomes the information provided by the Government, including the Government of Bahamas Salaries Book for 2016, which indicates the applicable pay scales for employment in the civil service, and the Human Resources Policies Document (2017). From the information provided, the Committee notes that it remains unclear how the “minimum of the salary scale” is determined. The Committee therefore asks the Government to: (i) provide information on the manner in which the “salary scales” are determined in the civil service, including on the method and criteria used to establish them; and (ii) provide a copy of the most recent Salaries Book.

Articles 2(2)(c) and 4. Collective agreements. Cooperation with workers’ and employers’ organizations.The Committee notes the repeated indication from the Government that it does not have anything to report on this point and requests the Government to: (i) take measures to encourage the social partners to discuss the principle of equal remuneration between men and women for work of equal value and to include provisions to that effect in the collective agreements; (ii) provide information on the measures taken or envisaged in this regard; and (iii) provide copies of collective agreements which apply the principle of the Convention.

Article 3. Objective job evaluation.Recalling that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs and that there needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, the Committee once again requests the Government to take steps to: (i) develop and use objective job evaluation methods; and (ii) provide for objective job evaluation including the time frames proposed for their implementation.

Awareness-raising and enforcement. The Committee notes the Government’s indication that there have not been any courts of law or tribunals that have handed down any decisions with regard to the principle of the Convention. In this regard, the Committee refers to paragraphs 870 and 871 of its 2012 General Survey. The Committee asks the Government to: (i) examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully; (ii) take measures to raise awareness of the relevant legislation, to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination and unequal pay; and (iii) provide information on any activities undertaken in this regard.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1(1)(b). Additional discrimination grounds. The Committee welcomes the adoption, in 2014, of the Persons with Disabilities (Equal Opportunities) Act in order to provide persons with disabilities with access to equal opportunities in training and employment, thus reinforcing the provisions of sections 6 and 7 (non-discrimination of workers with disabilities) of the Employment Act, and to establish the National Commission for Persons with Disabilities. The Committee asks the Government to provide any information on the establishment and the work of the National Commission for Persons with Disabilities, specifically as regards equal opportunity and treatment in access to employment and occupation and conditions of work.

Article 2 of the Convention. National policy and measures to promote equality of opportunity and treatment between men and women. The Committee notes with concern that an amendment to add “sex” to the list of prohibited grounds of discrimination under article 26 of the Constitution was rejected by referendum on 7 June 2016. The Committee notes that, in her report of May 2018 to the United Nations Human Rights Council, the Special Rapporteur on violence against women, its causes and consequences, indicated that the national legal framework lacked “appropriate legal provisions prohibiting sex-based discrimination against women and enshrining the principle of gender equality, which thus allow[ed] discrimination against women.” She added that “because of the legal obstacles, coupled with patriarchal norms regarding the role of men, women and girls face[d] structural sex-based discrimination and physical and other forms of gender-based violence”. In this context, she indicated that it was “necessary to bring the national legal framework, including the Constitution, into line with the international framework” on human rights (A/HRC/38/47/Add.2, 25 May 2018, paragraph 69). She recommended, inter alia, that the Government: “embody the principle of equality between women and men in the Constitution or other appropriate law, including by adding sex to the list of prohibited discrimination in article 26 of the Constitution”; “repeal any laws that discriminated against women”; and “strengthen efforts to combat discriminatory gender stereotypes in society, in cooperation with women’s rights organizations” (A/HRC/38/47/Add.2, paragraph 73(d), (e) and (o)). With reference to its observation, the Committee recalls that the Employment Act of 2001 covers the ground of sex although it falls short of covering all seven prohibited grounds of discrimination mentioned in Article 1(1)(a) of the Convention. Recalling that, for the purpose of achieving the objectives of the Convention, it is essential to acknowledge that no society is free from discrimination and that continuous action is required to address it, the Committee asks the Government to take concrete steps in order to declare and pursue actively, by methods appropriate to national conditions and practice, a national gender equality policy with a view to eliminating discrimination in conformity with Article 2 of the Convention. This should include not only legislative or administrative measures but also policies and action programmes, awareness-raising initiatives, and the establishment of a body specialized in promoting equality and non-discrimination.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

In view of the short report sent by the Government, the Committee notes with concern that the questions raised previously about the determination of rates of remuneration, objective job evaluation, collective agreements and the effectiveness of the enforcement mechanisms have not been addressed since 2004. The Committee reiterates that without the necessary information, it is not in a position to assess the effective implementation of the Convention, or any progress achieved since its ratification in 2001. It firmly hopes that the next report will contain full information on the points described below.

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that, in its previous comments, it had pointed out that section 6 of the Employment Act, 2001, unduly limits the scope of “work of equal value” to work performed in the same establishment, requiring substantially the same skill, effort and responsibility, and which is performed under similar working conditions and refers to “rates of pay” which, pursuant to section 2(1), is narrower than the term “remuneration” set out in the Convention. The Committee notes that the Employment Act was amended in April 2017 by the Employment (Amendment) Act (No. 5 of 2017). However, it notes with deep concern that the Government did not seize this opportunity to amend section 6 of the Act with a view to giving full legislative expression to the principle of equal remuneration for men and women for work of equal value. It also notes that, in its reply to the list of issues and questions raised by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) in relation to the sixth periodic report of the Bahamas, the Government continues to refer to section 6 of the Employment Act, 2001 (CEDAW/C/BHS/Q/6/Add.1, 9 July 2018, paragraph 80), despite the fact that CEDAW has been raising this issue for more than 15 years. The Committee, once again, urges the Government to take active steps to amend section 6 of the Employment Act, 2001, in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. In this regard, the Committee asks the Government to ensure that the legislation allows for the comparison not only of jobs in the same establishment and requiring substantially the same skills, efforts and responsibility, and performed under similar working conditions, but also of work of an entirely different nature which is nevertheless of equal value, and provides for a broad definition of “remuneration” as set out in Article 1(a) of the Convention.

Article 2. Determining rates of remuneration. The Committee notes the Government’s statement according to which it is unable to provide rates of remuneration and specify how rates of remuneration are determined in the civil service and the public sector. In its 2012 General Survey, on the fundamental Conventions, paragraphs 670 and 671, the Committee indicates that member States bound by the Convention cannot be passive in their approach to implementing the Convention and that they are obliged to ensure the application of the principle of the Convention where the State is the employer or otherwise controls business or where the State is in a position to intervene in the wage-fixing process. The Government must take proactive measures in order to assess, promote and ensure the application of the principle of the Convention. The Committee trusts that the Government will be in a position to provide information in its next report on the manner in which remuneration is determined in the civil service and the public sector, including copies of wage scales and information on the method and criteria used to establish them.

Article 3. Objective evaluation of jobs. The Committee notes the Government’s indication that it has prepared a “White Paper” on legislation for the establishment of a National Productivity Council and that in a few years, it may be possible to provide reports relating to the development and use of objective job evaluation systems on the basis of the work performed in the public and the private sectors. While acknowledging that the implementation of the Convention may need to be achieved over time, the Committee recalls that, the right to equal remuneration for work of equal value being a fundamental right, the period for the full application of the Convention should be as short as possible, with deadlines being fixed for the attainment of specific objectives (2012 General Survey, paragraph 671). The Committee requests the Government to provide information on the progress made towards the adoption of legislation for the establishment of a National Productivity Council and, in the meantime, on any measures taken or agreements and policies adopted providing for objective job evaluation including the time frames proposed for their implementation.

Article 4. Cooperation with workers’ and employers’ organizations. Noting the indication from the Government that it does not have anything to report on this point, the Committee requests, once again, the Government to indicate the measures taken or envisaged to encourage the social partners to discuss the principle of equal remuneration between men and women for work of equal value and to include provisions to that effect in their agreements.

Enforcement. As the Government’s report is silent on this point, the Committee firmly hopes that the Government will take steps to improve the capacity of labour inspectors to detect and address pay inequalities between men and women for work of equal value, and to ensure that workers are informed of their right to equal pay for work of equal value and of the dispute resolution mechanisms available. The Committee requests, once again, the Government to provide information on any activities undertaken in this regard.

Practical application and statistics. In its previous comment, the Committee had requested the Government to take steps to determine the underlying reasons for wage differentials between men and women, and to indicate the measures taken or envisaged to address these differentials in various occupations, particularly in the higher-level occupational category of senior officials and managers, where the wage gap is particularly striking. It notes that the Government has not provided the information requested. According to the statistics of 2017 to which the Government refers in its report, the long-existing average weekly wage gap between men and women in the accommodation and food service activities industry for New Providence (where 70 per cent of the population lives) was eliminated in 2013 – a year where the weekly wage reached a ten-year low – but reappeared as from 2014 and has been increasing ever since. The Committee requests, once again, the Government to take steps to determine the underlying reasons for wage differentials between men and women, and to indicate the measures taken or envisaged to address these differentials in various occupations, particularly in the higher-level occupational category of senior officials and managers. The Government is also asked to continue to provide statistical information on the earnings of men and women in the various economic sectors and occupations in the public and private sectors.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1(1)(a) of the Convention. Discrimination grounds. Legislation. The Committee recalls that, in its previous comment, it noted that section 6(a) of the Employment Act of 2001 had not been amended to include “colour”, “national extraction” and “social origin” as prohibited grounds of discrimination and asked the Government to identify the specific steps taken to ensure protection against discrimination on the basis of the above-mentioned grounds in practice. The Employment Act was amended in April 2017 by the Employment (Amendment) Act (No. 5 of 2017). The Committee notes with concern that the Government did not take this opportunity to amend section 6(a) of the Act. Recalling that where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention, the Committee asks the Government to amend the Employment Act of 2001 accordingly. In the meantime, it asks the Government to provide information on the specific steps taken to ensure protection against direct and indirect discrimination in employment and occupation, in practice, on the basis of the grounds of colour, national extraction and social origin, and to provide a copy of any judicial decision to this effect.

Articles 2 and 3. 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. The Government’s report is silent on this point. However, the Committee notes the information provided by the Government to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its sixth periodic report, according to which there remains marked occupational segregation not only in terms of employment but also in education. According to data from the Department of Statistics, in 2015, women dominated sectors such as hotels and restaurants; financing, insurance, real estate and other business; and community, social and personal services; but represented 6 per cent or less of workers in construction or agriculture, hunting, forestry and fisheries. In its report to CEDAW, the Government indicated that the percentage of women who graduated in 2015 from the College of the Bahamas in the fields of sciences (11.78 per cent), law (5.79 per cent), engineering (0.20 per cent) or agriculture (0 per cent) were significantly low. Similarly, among graduates from the Bahamas Technical and Vocational Institute (BTVI), women were overwhelmingly represented in certain sectors (100 per cent in cosmetology, fashion design production, aesthetics; and 83 per cent among office assistants) and not at all in sectors leading to higher-paying occupations such as construction technology; information technology management or support; auto mechanics; electronics and cable installation; heating, ventilation and air conditioning; or plumbing (CEDAW/C/BHS/6, 26 May 2017, paragraphs 93, 94 and 101). The Committee observes that the above information confirms that, despite the increasing number of women graduating, they remain concentrated in so-called typically female occupations. The Committee reiterates its request to the Government to provide detailed information on the measures taken to address the occupational segregation of men and women and to promote women’s participation in a wider range of training courses, including those traditionally undertaken by men. The Government is also asked to indicate, including by means of statistics disaggregated by sex, the results achieved by the adoption of any measures to promote women’s access to a wider variety of jobs which have better career prospects in the public and private sectors.

The Committee notes with concern that the Government’s report contains no reply to some of its previous comments. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2010, on the following points:

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.

Application of the Convention in practice. 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 asks the Government to collect and provide information on the concrete steps taken by the Ministry of Labour to promote and ensure equality in employment and occupation, including information on the relevant activities of 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 state the number of complaints that have been filed in recent years alleging discrimination in employment and education, and the outcome of such complaints.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the very succinct report provided by the Government stating that the matters dealt with in the previous comments will be raised and discussed with employers’ and workers’ organizations via the National Tripartite Council with a view to effecting the recommended changes to section 6 of the Employment Act 2001. In this regard, the Committee notes with regret that the other questions raised previously about the determination of rates of remuneration, objective job evaluation, collective agreements and the effectiveness of the enforcement mechanisms have not been addressed since 2004. The Committee wishes to reiterate that without the necessary information, it is not in a position to assess the effective implementation of the Convention, including the progress achieved since its ratification in 2001. It hopes that the next report will contain full information on the points described below.

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. Noting with regret that the adoption of the Employment (Amendment) Act, 2012 did not amend section 6 of the Employment Act 2001 in a way that gives full legislative expression to the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to take steps to amend section 6 of the Employment Act 2001, in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. In this regard, the Committee asks the Government to ensure that its legislation allows for the comparison not only of jobs in the same establishment and requiring substantially the same skill, effort and responsibility, and performed under similar working conditions, but also of work of an entirely different nature which is nevertheless of equal value, and provides for a broad definition of “remuneration” as set out in Article 1(a) of the Convention. The Committee encourages the Government to seek ILO technical assistance in this regard.

Article 2. Determining rates of remuneration. Noting that the requested information has not been received, the Committee trusts that the Government will be in a position to provide information in its next report on the manner in which remuneration is determined in the civil service and the public sector, including copies of wage scales and information on the method used to establish them.

Article 3. Objective evaluation of jobs. The Government’s report being silent on this point, the Committee hopes that the Government’s next report will include information on and examples of agreements and policies providing for objective job evaluation as well as information on any measures taken or envisaged to promote the development and use of objective job evaluation systems on the basis of the work performed in the public and the private sectors.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee asks the Government to include information in its next report on the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value and to indicate the measures envisaged to encourage the social partners to include provisions on equal remuneration between men and women for work of equal value in their agreements.

Enforcement. The Committee notes the Government’s statement that, a search of rulings of the Industrial Tribunal, the Supreme Court of Bahamas and the Bahamas Court of Appeal did not reveal any decisions involving questions related to the application of the Convention. In this regard, the Committee must recall that the absence of complaints does not necessarily indicate an absence of violations. It may rather indicate a lack of understanding of the principle by the labour inspectorate, as well as by workers and employers, or a lack of accessible complaints procedures. The Committee hopes that the Government will take steps to improve the capacity of labour inspectors to detect and address unequal pay for work of equal value, and to ensure that workers are apprised of their right to equal pay for work of equal value and of the dispute resolution mechanisms available. The Committee asks the Government to provide information on any activities undertaken in this regard.

Practical application and statistics. Previously, the Committee had noted the statistics of 2005 on the “employed persons in the hotel industry by occupation, sex, average hours worked and average wage per week – All Bahamas”, attached to the Government’s report, indicating that pay differentials exist between men and women in almost all occupations and that women are more often than men concentrated in the lower paid occupations. The weekly wage gap between men and women is particularly striking in the higher category of senior officials and managers. While men and women are more or less equally distributed in this occupational category, the gender gap in weekly wages is about 31.3 per cent. In the absence of any further information provided in this regard, the Committee asks again the Government to take steps to determine the underlying reasons for these wage differentials between men and women, and to indicate the measures taken or envisaged to address these differentials in the various occupations, particularly in the higher-level occupational category of senior officials and managers. The Government is also asked to continue to provide statistical information on the earnings of men and women in the different economic sectors and occupations in the public and in the private sectors.

Finally, the Committee notes that in its report to the United Nations Committee on the Elimination of Discrimination against Women, the Government indicated that in 2012 the Prime Minister appointed a Constitutional Committee to conduct a comprehensive review of the Constitution of the Bahamas and to recommend changes to it in advance of the country’s 40th anniversary of Independence. In July 2013, the Constitutional Committee presented its report and called for the adoption of the proposed amendments (four Constitution (Amendment) Bills) via a national referendum, scheduled to be held on 7 June 2016 (CEDAW/C/BHS/6, 26 May 2017, paras 4–7). The Committee notes that, in June 2016, the first round of constitutional reform aiming at instituting full equality between men and women in matters of citizenship and more broadly to eliminate discrimination based on sex has been rejected by the Bahamian voters; the Fourth amendment would have updated article 26 of the Constitution, to make it unconstitutional for Parliament to pass any laws that discriminate based on sex. The Committee asks the Government to indicate the impact of this vote on the implementation of the Convention, and to provide information on any developments regarding the constitutional reform process, in particular in relation to the provisions that may affect the effective application of the Convention. The Committee also urges the Government to provide detailed information on all the points mentioned in its previous comments.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the adoption of the Employment (Amendment) Act, 2012, amending the Employment Act of 2001. The Committee notes however with regret that section 6(a) of the Employment Act has not been amended to include “colour”, “national extraction” and “social origin” as prohibited grounds of discrimination. Recalling that the protection against discrimination provided for by the Convention covers at least all the grounds of discrimination set out in Article 1(1)(a), the Committee requests the Government to indicate the specific measures taken to ensure protection against direct and indirect discrimination in employment and occupation, in practice, on the basis of the grounds of colour, national extraction and social origin.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments, which read as follows:

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.

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.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee recalls that section 6 of the Employment Act, 2001, does not give full expression to the principle of equal remuneration for men and women for work of equal value as it unduly limits the scope of “work of equal value” and does not capture the broad definition of “remuneration” set out in the Convention. In particular, section 6 limits the application of work of equal value to work performed in the same establishment, and requiring substantially the same skill, effort and responsibility, and which is performed under similar working conditions. Section 6 of the Employment Act refers to “rates of pay” which is defined pursuant to section 2(1), and appears to be narrower than the term “remuneration” set out in the Convention. The term “remuneration” is more broadly defined in section 2, but is not used in the context of section 6. The Committee notes the adoption of the Employment (Amendment) Act, 2012, and notes with regret that section 6 of the Employment Act has not been amended to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to take steps to amend section 6 of the Employment Act, 2001, in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. In this regard, the Committee requests the Government to ensure that its legislation allows for the comparison not only of jobs in the same establishment and requiring substantially the same skill, effort and responsibility, and performed under similar working conditions, but also of work of an entirely different nature which is nevertheless of equal value, and provides for a broad definition of “remuneration” as set out in Article 1(a) of the Convention. The Committee encourages the Government to seek ILO technical assistance in this regard.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

…

The Committee notes the Government’s indication that the information previously requested by the Committee is not currently available. The Committee recalls the obligation of taking effective measures in order to accomplish real progress in attaining the Convention’s objective of equal remuneration for men and women for work of equal value. The State cannot be passive in its approach to implementing the Convention, and application of the Convention is an ongoing process requiring a continual cycle of assessment, action, monitoring, further assessment and adjustment (see General Survey on the fundamental Conventions, 2012, paragraphs 670–671). The Committee requests the Government to make every effort to obtain the necessary information to allow the Government and the Committee to assess progress in implementing the Convention, and hopes that the Government will be in a position to address all the points in its previous direct request which reads as follows:

Article 2. Determining rates of remuneration. Noting that the requested information has not been received, the Committee trusts that the Government will be in a position to provide information in its next report on the manner in which remuneration is determined in the civil service and the public sector, including copies of wage scales and information on the method used to establish them.

Article 3. Objective evaluation of jobs. The Committee notes the Government’s indication in its report that it would provide information on the industrial agreements and employment policies of enterprises that provide for objective appraisal of jobs. Unfortunately such information has not been received and the Committee hopes that the Government’s next report will include information on and examples of agreements and policies providing for job evaluation as well as information on any measures taken or envisaged to promote the development and use of objective job evaluation systems on the basis of the work performed in the public and the private sectors.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the information in the Government’s report which seems to indicate that collective agreements do not contain provisions on equal remuneration for work of equal value. The Committee asks the Government to include information in its next report on the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value.

Parts III and IV of the report form. The Committee notes the Government’s statement that there is full compliance with the equal remuneration provisions of the Employment Act and the principle of the Convention, and that no court decisions have been issued relating to the application of this principle. The Committee must recall that the absence of complaints does not necessarily indicate an absence of violations. It may rather indicate a lack of understanding of the principle by the labour inspectorate, as well as by workers and employers, or a lack of accessible complaints procedures. The Committee hopes that the Government will take measures to improve the capacity of labour inspectors to detect and address unequal pay for work of equal value, and to ensure that workers are apprised of their right to equal pay for work of equal value and of the dispute resolution mechanisms available. The Committee asks the Government to provide information on any progress made in this regard.

Part V of the report form. Practical application and statistics. The Committee notes the statistics of 2005 on the “employed persons in the hotel industry by occupation, sex, average hours worked and average wage per week – All Bahamas”, attached to the Government’s report, indicating that pay differentials exist between men and women in almost all occupations and that women are more often than men concentrated in the lower paid occupations. The weekly wage gap between men and women is particularly striking in the higher category of senior officials and managers. While men and women are more or less equally distributed in this occupational category, the gender gap in weekly wages is about 31.3 per cent. ... The Committee asks the Government to take steps to determine the underlying reasons for these wage differentials between men and women, and to indicate the measures taken or envisaged to address these in the various occupations, particularly in the higher-level occupational category of senior officials and managers. The Government is also requested to continue to provide statistical information on the earnings of men and women in the different economic sectors and occupations in the public and as well as in the private sectors.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee recalls that section 6 of the Employment Act, 2001, does not give full expression to the principle of equal remuneration for work of equal value as it unduly limits the scope of “work of equal value” and does not capture the broad definition of “remuneration” set out in the Convention. In particular, section 6 limits the application of work of equal value to work performed in the same establishment, and requiring substantially the same skill, effort and responsibility, and which is performed under similar working conditions. Section 6 of the Employment Act, 2001 refers to “rates of pay” which is defined pursuant to section 2(1), and appears to be narrower than the term “remuneration” set out in the Convention. The term “remuneration” is more broadly defined in section 2, but is not used in the context of section 6. The Committee notes that the Government again indicates generally that proposals for the amendment of the Employment Act are still under review. The Committee asks the Government to take steps to amend section 6 of the Employment Act, in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. In this regard, the Committee asks the Government to ensure that the legislation allows for the comparison not only of jobs in the same establishment and requiring substantially the same skill, effort and responsibility, and performed under similar working conditions, but also of work of an entirely different nature which is nevertheless of equal value, and provides for a broad definition of “remuneration” as set out in Article 1(a) of the Convention. The Committee encourages the Government to seek ILO technical assistance in this regard.

The Committee notes the Government’s indication that the information previously requested by the Committee is not currently available. The Committee recalls the obligation of taking effective measures in order to accomplish real progress in attaining the Convention’s objective of equal remuneration for men and women for work of equal value. The State cannot be passive in its approach to implementing the Convention, and application of the Convention is an ongoing process requiring a continual cycle of assessment, action, monitoring, further assessment and adjustment (see General Survey on fundamental Conventions, 2012, paragraphs 670–671). The Committee asks the Government to make every effort to obtain the necessary information to allow the Government and the Committee to assess progress in implementing the Convention, and hopes that the Government will be in a position to address all the points in its previous direct request which reads as follows:

Article 2. Determining rates of remuneration. Noting that the requested information has not been received, the Committee trusts that the Government will be in a position to provide information in its next report on the manner in which remuneration is determined in the civil service and the public sector, including copies of wage scales and information on the method used to establish them.

Article 3. Objective evaluation of jobs. The Committee notes the Government’s indication in its report that it would provide information on the industrial agreements and employment policies of enterprises that provide for objective appraisal of jobs. Unfortunately such information has not been received and the Committee hopes that the Government’s next report will include information on and examples of agreements and policies providing for job evaluation as well as information on any measures taken or envisaged to promote the development and use of objective job evaluation systems on the basis of the work performed in the public and the private sectors.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the information in the Government’s report which seems to indicate that collective agreements do not contain provisions on equal remuneration for work of equal value. The Committee asks the Government to include information in its next report on the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value.

Parts III and IV of the report form. The Committee notes the Government’s statement that there is full compliance with the equal remuneration provisions of the Employment Act and the principle of the Convention, and that no court decisions have been issued relating to the application of this principle. The Committee must recall that the absence of complaints does not necessarily indicate an absence of violations. It may rather indicate a lack of understanding of the principle by the labour inspectorate, as well as by workers and employers, or a lack of accessible complaints procedures. The Committee hopes that the Government will take measures to improve the capacity of labour inspectors to detect and address unequal pay for work of equal value, and to ensure that workers are apprised of their right to equal pay for work of equal value and of the dispute resolution mechanisms available. The Committee asks the Government to provide information on any progress made in this regard.

Part V of the report form. Practical application and statistics. The Committee notes the statistics of 2005 on the “employed persons in the hotel industry by occupation, sex, average hours worked and average wage per week – All Bahamas”, attached to the Government’s report, indicating that pay differentials exist between men and women in almost all occupations and that women are more often than men concentrated in the lower paid occupations. The weekly wage gap between men and women is particularly striking in the higher category of senior officials and managers. While men and women are more or less equally distributed in this occupational category, the gender gap in weekly wages is about 31.3 per cent. [...] The Committee asks the Government to take steps to determine the underlying reasons for these wage differentials between men and women, and to indicate the measures taken or envisaged to address these in the various occupations, particularly in the higher level occupational category of senior officials and managers. The Government is also requested to continue to provide statistical information on the earnings of men and women in the different economic sectors and occupations in the public and as well as in the private sectors.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(a) of the Convention. Definition of remuneration. The Committee recalls that section 6 of the Employment Act 2001, which is still under review, refers to “rates of pay”, which is defined in section 2(1) and which appears to be narrower than the term “remuneration” as defined by the Convention. The Committee notes the Government’s indication that it intends to amend the legislation so as to reflect the broad definition of remuneration as set out in the Convention. At the same time, the Government also indicates that the employers wish to reserve the right to reward workers who perform above and beyond the call of duty. The Committee points out that the principle of equal remuneration for men and women for work of equal value does not exclude providing payments and bonuses aimed at rewarding workers, as long as they are equally applied to men and women. The Committee hopes that the Government will take all necessary steps to amend sections 6 and 2(1) of the Employment Act 2001 in line with the Convention.

Article 1(b). Work of equal value. The Committee recalls that section 6(b) of the Employment Act 2001 is narrower than what is required under the Convention in that it limits the application of work of equal value to comparing work performed in the same establishment, and where the work requires substantially the same skill, effort and responsibility and which is performed under similar working conditions. The Committee notes that no information has been provided on the progress made with respect to the initiative to study the widening of the scope of comparison of jobs performed by men and women. The Committee refers to its 2006 general observation and asks the Government to take all necessary steps to amend the legislation in line with the Convention.

Article 2. Determining rates of remuneration. Noting that the requested information has not been received, the Committee trusts that the Government will be in a position to provide information in its next report on the manner in which remuneration is determined in the civil service and the public sector, including copies of wage scales and information on the method used to establish them.

Article 3. Objective evaluation of jobs. The Committee notes the Government’s indication in its report that it would provide information on the industrial agreements and employment policies of enterprises that provide for objective appraisal of jobs. Unfortunately such information has not been received and the Committee hopes that the Government’s next report will include information on and examples of agreements and policies providing for job evaluation as well as information on any measures taken or envisaged to promote the development and use of objective job evaluation systems on the basis of the work performed in the public and the private sectors.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the information in the Government’s report which seems to indicate that collective agreements do not contain provisions on equal remuneration for work of equal value. The Committee asks the Government to include information in its next report on the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value.

Parts III and IV of the report form. The Committee notes the Government’s statement that there is full compliance with the equal remuneration provisions of the Employment Act and the principle of the Convention, and that no court decisions have been issued relating to the application of this principle. The Committee must recall that the absence of complaints does not necessarily indicate an absence of violations. It may rather indicate a lack of understanding of the principle by the labour inspectorate, as well as by workers and employers, or a lack of accessible complaints procedures. The Committee hopes that the Government will take measures to improve the capacity of labour inspectors to detect and address unequal pay for work of equal value, and to ensure that workers are apprised of their right to equal pay for work of equal value and of the dispute resolution mechanisms available. The Committee asks the Government to provide information on any progress made in this regard.

Part V of the report form. Practical application and statistics. The Committee notes the statistics of 2005 on the “employed persons in the hotel industry by occupation, sex, average hours worked and average wage per week – All Bahamas”, attached to the Government’s report, indicating that pay differentials exist between men and women in almost all occupations and that women are more often than men concentrated in the lower paid occupations. The weekly wage gap between men and women is particularly striking in the higher category of senior officials and managers. While men and women are more or less equally distributed in this occupational category, the gender gap in weekly wages is about 31.3 per cent. Occupations for senior officials and managers in which men predominate appear to be of higher status and more highly paid (for managers in construction and managers in restaurants and hotels the weekly wage gap is 17.9 per cent and 24.4 per cent respectively). The Committee also particularly notes that 30.5 per cent of the managers not elsewhere classified are men and that the wage gap in this highly paid category is 43.8 per cent. However, even for occupations where female senior officials and managers predominate the wage gap is considerable (37.7 per cent for sales and marketing department managers and 40.9 per cent for advertising and public relations department managers). Men and women appear to be more evenly distributed amongst professionals where women overall appear to earn higher weekly wages than men, except for the weekly wage gap of 44.2 per cent for legal and related business associate professionals. The gender gap in weekly wages appears to be the smallest for technicians and associated professionals (1.3 per cent), service shop and market sales workers (6 per cent), and skilled agriculture and fisheries workers (3.3 per cent). However, the wage gap remains important for plant and machine operators assemblers (20 per cent) craft and related trades workers (19.7 per cent), clerks (13.1 per cent) and elementary occupations (11.8 per cent). The Committee asks the Government to take steps to determine the underlying reasons for these wage differentials between men and women, and to indicate the measures taken or envisaged to address these in the various occupations, particularly in the higher level occupational category of senior officials and managers. The Government is also requested to continue to provide statistical information on the earnings of men and women in the different economic sectors and occupations in the public and as well as in the private sectors.

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

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.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(a) of the Convention. Definition of remuneration. The Committee recalls that section 6 of the Employment Act 2001, which is still under review, refers to “rates of pay”, which is defined in section 2(1) and which appears to be narrower than the term “remuneration” as defined by the Convention. The Committee notes the Government’s indication that it intends to amend the legislation so as to reflect the broad definition of remuneration as set out in the Convention. At the same time, the Government also indicates that the employers wish to reserve the right to reward workers who perform above and beyond the call of duty. The Committee points out that the principle of equal remuneration for men and women for work of equal value does not exclude providing payments and bonuses aimed at rewarding workers, as long as they are equally applied to men and women. The Committee hopes that the Government will take all necessary steps to amend sections 6 and 2(1) of the Employment Act 2001 in line with the Convention.

Article 1(b). Work of equal value. The Committee recalls that section 6(b) of the Employment Act 2001 is narrower than what is required under the Convention in that it limits the application of work of equal value to comparing work performed in the same establishment, and where the work requires substantially the same skill, effort and responsibility and which is performed under similar working conditions. The Committee notes that no information has been provided on the progress made with respect to the initiative to study the widening of the scope of comparison of jobs performed by men and women. The Committee refers to its 2006 general observation and asks the Government to take all necessary steps to amend the legislation in line with the Convention.

Article 2. Determining rates of remuneration. Noting that the requested information has not been received, the Committee trusts that the Government will be in a position to provide information in its next report on the manner in which remuneration is determined in the civil service and the public sector, including copies of wage scales and information on the method used to establish them.

Article 3. Objective evaluation of jobs. The Committee notes the Government’s indication in its report that it would provide information on the industrial agreements and employment policies of enterprises that provide for objective appraisal of jobs. Unfortunately such information has not been received and the Committee hopes that the Government’s next report will include information on and examples of agreements and policies providing for job evaluation as well as information on any measures taken or envisaged to promote the development and use of objective job evaluation systems on the basis of the work performed in the public and the private sectors.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the information in the Government’s report which seems to indicate that collective agreements do not contain provisions on equal remuneration for work of equal value. The Committee asks the Government to include information in its next report on the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value.

Parts III and IV of the report form. The Committee notes the Government’s statement that there is full compliance with the equal remuneration provisions of the Employment Act and the principle of the Convention, and that no court decisions have been issued relating to the application of this principle. The Committee must recall that the absence of complaints does not necessarily indicate an absence of violations. It may rather indicate a lack of understanding of the principle by the labour inspectorate, as well as by workers and employers, or a lack of accessible complaints procedures. The Committee hopes that the Government will take measures to improve the capacity of labour inspectors to detect and address unequal pay for work of equal value, and to ensure that workers are apprised of their right to equal pay for work of equal value and of the dispute resolution mechanisms available. The Committee asks the Government to provide information on any progress made in this regard.

Part V of the report form. Practical application and statistics. The Committee notes the statistics of 2005 on the “employed persons in the hotel industry by occupation, sex, average hours worked and average wage per week – All Bahamas”, attached to the Government’s report, indicating that pay differentials exist between men and women in almost all occupations and that women are more often than men concentrated in the lower paid occupations. The weekly wage gap between men and women is particularly striking in the higher category of senior officials and managers. While men and women are more or less equally distributed in this occupational category, the gender gap in weekly wages is about 31.3 per cent. Occupations for senior officials and managers in which men predominate appear to be of higher status and more highly paid (for managers in construction and managers in restaurants and hotels the weekly wage gap is 17.9 per cent and 24.4 per cent respectively). The Committee also particularly notes that 30.5 per cent of the managers not elsewhere classified are men and that the wage gap in this highly paid category is 43.8 per cent. However, even for occupations where female senior officials and managers predominate the wage gap is considerable (37.7 per cent for sales and marketing department managers and 40.9 per cent for advertising and public relations department managers). Men and women appear to be more evenly distributed amongst professionals where women overall appear to earn higher weekly wages than men, except for the weekly wage gap of 44.2 per cent for legal and related business associate professionals. The gender gap in weekly wages appears to be the smallest for technicians and associated professionals (1.3 per cent), service shop and market sales workers (6 per cent), and skilled agriculture and fisheries workers (3.3 per cent). However, the wage gap remains important for plant and machine operators assemblers (20 per cent) craft and related trades workers (19.7 per cent), clerks (13.1 per cent) and elementary occupations (11.8 per cent). The Committee asks the Government to take steps to determine the underlying reasons for these wage differentials between men and women, and to indicate the measures taken or envisaged to address these in the various occupations, particularly in the higher level occupational category of senior officials and managers. The Government is also requested to continue to provide statistical information on the earnings of men and women in the different economic sectors and occupations in the public and as well as in the private sectors.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(1)(a) of the Convention. The Committee, recalling that article 26 of the Constitution prohibits discrimination in law and by public officers or any public authority on certain grounds but not on the basis of sex, notes the Government’s statement that it has addressed this issue by way of legislation. The Committee further notes that the Employment Act 2001, which prohibits discrimination, but does not include the grounds of colour, national extraction and social origin, is still under review. The Committee hopes that the Government will 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. It also asks the Government to indicate the specific legal provisions ensuring that workers can obtain redress for discrimination in law or by public officers or any public authority based on sex.

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 of 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 womens 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 provide 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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1(a) of the Convention. Definition of remuneration. The Committee recalls that section 6 of the Employment Act 2001, which is still under review, refers to “rates of pay”, which is defined in section 2(1) and which appears to be narrower than the term “remuneration” as defined by the Convention. The Committee notes the Government’s indication that it intends to amend the legislation so as to reflect the broad definition of remuneration as set out in the Convention. At the same time, the Government also indicates that the employers wish to reserve the right to reward workers who perform above and beyond the call of duty. The Committee points out that the principle of equal remuneration for men and women for work of equal value does not exclude providing payments and bonuses aimed at rewarding workers, as long as they are equally applied to men and women. The Committee hopes that the Government will take all necessary steps to amend sections 6 and 2(1) of the Employment Act 2001 in line with the Convention.

Article 1(b). Work of equal value. The Committee recalls that section 6(b) of the Employment Act 2001 is narrower than what is required under the Convention in that it limits the application of work of equal value to comparing work performed in the same establishment, and where the work requires substantially the same skill, effort and responsibility and which is performed under similar working conditions. The Committee notes that no information has been provided on the progress made with respect to the initiative to study the widening of the scope of comparison of jobs performed by men and women. The Committee refers to its 2006 general observation and asks the Government to take all necessary steps to amend the legislation in line with the Convention.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the information in the Government’s report which seems to indicate that collective agreements do not contain provisions on equal remuneration for work of equal value. The Committee asks the Government to include information in its next report on the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value.

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

Article 2. Determining rates of remuneration. Noting that the requested information has not been received, the Committee trusts that the Government will be in a position to provide information in its next report on the manner in which remuneration is determined in the civil service and the public sector, including copies of wage scales and information on the method used to establish them.

Article 3. Objective appraisal of jobs. The Committee notes the Government’s indication in its report that it would provide information on the industrial agreements and employment policies of enterprises that provide for objective appraisal of jobs. Unfortunately such information has not been received and the Committee hopes that the Government’s next report will include information on and examples of agreements and policies providing for job evaluation as well as information on any measures taken or envisaged to promote the development and use of objective job evaluation systems on the basis of the work performed in the public and the private sectors.

Parts II and IV of the report form. The Committee notes the Government’s statement that there is full compliance with the equal remuneration provisions of the Employment Act and the principle of the Convention, and that no court decisions have been issued relating to the application of this principle. The Committee must recall that the absence of complaints does not necessarily indicate an absence of violations. It may rather indicate a lack of understanding of the principle by the labour inspectorate, as well as by workers and employers, or a lack of accessible complaints procedures. The Committee hopes that the Government will take measures to improve the capacity of labour inspectors to detect and address unequal pay for work of equal value, and to ensure that workers are apprised of their right to equal pay for work of equal value and of the dispute resolution mechanisms available. The Committee asks the Government to provide information on any progress made in this regard.

Part V of the report form. Practical application and statistics. The Committee notes the statistics of 2005 on the “employed persons in the hotel industry by occupation, sex, average hours worked and average wage per week – All Bahamas”, attached to the Government’s report, indicating that pay differentials exist between men and women in almost all occupations and that women are more often than men concentrated in the lower paid occupations. The weekly wage gap between men and women is particularly striking in the higher category of senior officials and managers. While men and women are more or less equally distributed in this occupational category, the gender gap in weekly wages is about 31.3 per cent. Occupations for senior officials and managers in which men predominate appear to be of higher status and more highly paid (for managers in construction and managers in restaurants and hotels the weekly wage gap is 17.9 per cent and 24.4 per cent respectively). The Committee also particularly notes that 30.5 per cent of the managers not elsewhere classified are men and that the wage gap in this highly paid category is 43.8 per cent. However, even for occupations where female senior officials and managers predominate the wage gap is considerable (37.7 per cent for sales and marketing department managers and 40.9 per cent for advertising and public relations department managers). Men and women appear to be more evenly distributed amongst professionals where women overall appear to earn higher weekly wages than men, except for the weekly wage gap of 44.2 per cent for legal and related business associate professionals. The gender gap in weekly wages appears to be the smallest for technicians and associated professionals (1.3 per cent), service shop and market sales workers (6 per cent), and skilled agriculture and fisheries workers (3.3 per cent). However, the wage gap remains important for plant and machine operators assemblers (20 per cent) craft and related trades workers (19.7 per cent), clerks (13.1 per cent) and elementary occupations (11.8 per cent). The Committee asks the Government to take steps to determine the underlying reasons for these wage differentials between men and women, and to indicate the measures taken or envisaged to address these in the various occupations, particularly in the higher level occupational category of senior officials and managers. The Government is also requested to continue to provide statistical information on the earnings of men and women in the different economic sectors and occupations in the public and as well as in the private sectors.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1(1)(a) of the Convention. The Committee, recalling that article 26 of the Constitution prohibits discrimination in law and by public officers or any public authority on certain grounds but not on the basis of sex, notes the Government’s statement that it has addressed this issue by way of legislation. The Committee further notes that the Employment Act 2001, which prohibits discrimination, but does not include the grounds of colour, national extraction and social origin, is still under review. The Committee hopes that the Government will 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. It also asks the Government to indicate the specific legal provisions ensuring that workers can obtain redress for discrimination in law or by public officers or any public authority based on sex.

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 of 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 provide 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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1(a) of the Convention. Definition of remuneration. The Committee recalls its previous comments relating to section 6 of the Employment Act of 2001 referring to the “rate of pay” which appears to be narrower than the term “remuneration” as defined in Article 1(a) of the Convention. The Committee notes the Government’s statement that it intends to amend its legislation to reflect the definition as outlined in the Convention. The Government also indicates that the original intent of the legislation was to separate the basic wage from allowances and benefits, as many employers believe that they should have the right to reward workers who perform above and beyond the call of duty. The Committee recalls that the term remuneration refers to “any additional emoluments whatsoever payable directly or indirectly” by the employer to the worker and “arising out of the worker’s employment” without limiting in any way its purview by reference to the legal basis of payment. Therefore, the principle of equal remuneration for men and women also applies to allowances and benefits to reward workers based on performance to the extent that such additional payments are to be made without gender bias. The Committee asks the Government to keep it informed of the progress made in amending section 6 of the Employment Act in line with Article 1(a) of the Convention. It also asks the Government to indicate the measures taken or envisaged to ensure that additional allowances and benefits paid by employers due to the performance of the workers are paid without gender bias.

2. Article 1(b). Work of equal value. The Committee recalls its previous comments regarding section 6(b) of the Employment Act which appears to limit the principle of equal remuneration for work of equal value to comparing work performed in the same establishment. The Committee notes the Government’s statement that it has embarked on a national initiative to widen the scope of comparison of jobs performed by men and women beyond the same establishment. Research is currently being undertaken in the public sector and it is envisaged that a similar initiative will be undertaken in the private sector. The Committee welcomes these initiatives and asks the Government to provide information in its next report on the outcome of the studies undertaken in the public sector relating to the scope of comparison of jobs performed by men and women, as well as on any follow-up given, including the possible amendment of the Employment Act so as to allow for a reach of comparison of jobs performed as wide as allowed by the level at which wages policies, systems and structures are coordinated. Please also indicate any steps taken to extend such an analysis to the private sector.

3. Article 2. Determining rates of remuneration. Noting that the requested information has not been received, the Committee trusts that the Government will be in a position to provide information in its next report on the manner in which remuneration is determined in the civil service and the public sector, including copies of wage scales and information on the method used to establish them.

4. Article 3. Objective appraisal of jobs. The Committee notes the Government’s indication in its report that it would provide information on the industrial agreements and employment policies of enterprises that provide for objective appraisal of jobs. Unfortunately such information has not been received and the Committee hopes that the Government’s next report will include information on and examples of agreements and policies providing for job evaluation as well as information on any measures taken or envisaged to promote the development and use of objective job evaluation systems on the basis of the work performed in the public and the private sectors.

5. Cooperation with workers’ and employers’ organizations. The Committee notes the information in the Government’s report that 70 per cent of the trade unions of the country are headed by female presidents, and that these unions operate in the most critical sectors of the economy such as aviation, financial services, teaching, nursing, water sewage and the Central Bank. The Committee welcomes this trend and hopes that it has positively impacted on the promotion of the principle of the Convention. The Committee asks the Government to include information in its next report on the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value through collective agreements or other means.

6. Parts II and IV of the report form. The Committee notes the Government’s statement that there is full compliance with the equal remuneration provisions of the Employment Act and the principle of the Convention, and that no court decisions have been issued relating to the application of this principle. The Committee must recall that the absence of complaints does not necessarily indicate an absence of violations. It may rather indicate a lack of understanding of the principle by the labour inspectorate, as well as by workers and employers, or a lack of accessible complaints procedures. The Committee hopes that the Government will take measures to improve the capacity of labour inspectors to detect and address unequal pay for work of equal value, and to ensure that workers are apprised of their right to equal pay for work of equal value and of the dispute resolution mechanisms available. The Committee asks the Government to provide information on any progress made in this regard.

7. Part V of the report form. Practical application and statistics. The Committee notes the statistics of 2005 on the “employed persons in the hotel industry by occupation, sex, average hours worked and average wage per week – All Bahamas”, attached to the Government’s report, indicating that pay differentials exist between men and women in almost all occupations and that women are more often than men concentrated in the lower paid occupations. The weekly wage gap between men and women is particularly striking in the higher category of senior officials and managers. While men and women are more or less equally distributed in this occupational category, the gender gap in weekly wages is about 31.3 per cent. Occupations for senior officials and managers in which men predominate appear to be of higher status and more highly paid (for managers in construction and managers in restaurants and hotels the weekly wage gap is 17.9 per cent and 24.4 per cent respectively). The Committee also particularly notes that 30.5 per cent of the “managers not elsewhere classified” are men and that the wage gap in this highly paid category is 43.8 per cent. However, even for occupations where female senior officials and managers predominate the wage gap is considerable (37.7 per cent for sales and marketing department managers and 40.9 per cent for advertising and public relations department managers). Men and women appear to be more evenly distributed amongst professionals where women overall appear to earn higher weekly wages than men, except for the weekly wage gap of 44.2 per cent for legal and related business associate professionals. The gender gap in weekly wages appears to be the smallest for technicians and associated professionals (1.3 per cent), service shop and market sales workers (6 per cent), and skilled agriculture and fisheries workers (3.3 per cent). However, the wage gap remains important for plant and machine operators assemblers (20 per cent) craft and related trades workers (19.7 per cent), clerks (13.1 per cent) and elementary occupations (11.8 per cent). The Committee asks the Government to take steps to determine the underlying reasons for these wage differentials between men and women, and to indicate the measures taken or envisaged to address these in the various occupations, particularly in the higher level occupational category of senior officials and managers. The Government is also requested to continue to provide statistical information on the earnings of men and women in the different economic sectors and occupations in the public and as well as in the private sectors.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1(a) of the Convention. Coverage of the laws. The Committee recalls its previous comments in which it noted that article 26 of the Constitution prohibits discrimination in law and by public officers or any public authority on the basis of race, place of origin, political opinion, colour, or creed, but not on the basis of sex. Also, the fact that no protection from discrimination on the basis of sex was available under article 26 of the Constitution could prevent workers from applying to the Supreme Court for protection from discrimination on the basis of sex (article 28). The Committee also noted that section 6 of the Employment Act, 2001, which covers both public and private sector employment, prohibits discrimination on the basis of, among other grounds, race, creed, sex and political opinion, but not national extraction, colour and social origin, which are listed in Article 1(1)(a) of the Convention. The Committee asks the Government to clarify in its next report whether “place of origin” referred to in article 26 of the Constitution also covers “national extraction” and “social origin”, and to indicate which mechanisms exist for workers to obtain redress for discrimination based on sex in law or by public officers or any public authority. The Government is also asked to consider amending the Employment Act of 2001 to prohibit discrimination in employment and occupation on the grounds of colour, national extraction and social origin, and to keep the Committee informed of steps taken in this regard.

2. Article 1(1)(b). Other grounds of discrimination. The Committee notes that section 6 of the Employment Act prohibits discrimination on the basis of marital status, age and HIV/AIDS. Section 6 applies also to “disabled employees unless the employer can show that the job requirements relied on as a ground for hiring the disabled person at a lesser rate of pay are reasonable or the disabled person cannot be accommodated without due hardship” (section 7). The Committee asks the Government to provide information on the practical application of sections 6 and 7 of the Employment Act of 2001 with respect to the grounds of age, HIV/AIDS, marital status and disability.

3. Articles 2 and 3. National policy and measures to promote equality. The Committee recalls the Government’s indication in its first report that the national policy designed to promote equality of opportunity and treatment in employment and occupation was reflected in the Constitution as well as in section 6 of the Employment Act. In addition, the Government had also indicated that access to vocational training in public high schools was free of charge and that the Bahamas Technical and Vocational Institute (BTVI) offered training for a minimal fee. In the absence of any further information in the Government’s report on this point, the Committee reiterates its request to the Government to provide detailed and practical information on the concrete measures taken to promote equality of opportunity and treatment on all the grounds listed in the Convention, following the questions listed in Part II of the report form regarding Articles 2 and 3 of the Convention. This information should highlight, inter alia, practical measures taken to ensure equality in employment in the public sector, to promote employment equality through education, training and awareness raising, and any cooperation with employers’ and workers’ organizations undertaken in this regard.

4. Equality between men and women in employment. The Committee notes the statistics of 2005 on the “employed persons in the hotel industry by occupation, sex, average hours worked and average wage per week – All Bahamas”, attached to the Government’s report on the Equal Remuneration Convention, 1951 (No. 100). The statistics show that while men and women are more or less equally distributed in the higher occupational category of senior officials and managers (52.1 per cent and 47.1 per cent respectively), some occupational segregation appears to exist with respect to the type of posts in which they are employed. Occupations for senior officials and managers where men predominate appear to be of higher status and more highly paid. Also, 69.5 per cent of the highly paid “managers not elsewhere classified” are men. Men and women appear to be more evenly distributed amongst professionals although some occupational segregation does exist within this category. In the lower category occupations, women are predominantly employed in occupations such as technicians and associated professionals (67.9 per cent) as well as clerks (66.5 per cent), and men as skilled agriculture and fisheries workers, and craft and related trades workers. For occupational categories where men and women are more or less equally divided such as service shop and market sales workers, plant and machine operators assemblers as well as elementary occupations, occupational segregation of men and women is clearly evident with women often concentrated in so-called typically female occupations. The Committee asks the Government to indicate in its next report the measures taken, and the results achieved, to address the vertical and horizontal occupational segregation of men and women in the various job categories. The Committee also asks the Government to continue to provide statistics disaggregated by sex on the position of men and women in the labour market, both the private and public sectors, indicating their participation in the different sectors and occupations, as well as levels of responsibility.

5. Equality between men and women with respect to access to education and vocational training. The Committee notes the statistics disaggregated by sex attached to the Government’s report on Convention No. 100 on the number of college graduates in the different programmes and the number of graduates in the BTVI for the years 2005–06, as well as the results of the standard examinations in secondary education (2006). The Committee notes from these statistics the higher number of women graduates participating in these programmes, especially in the business and computer science programmes. With regard to the statistics of the BTVI, the Committee, however, notes that despite the higher number of women graduates (108 women as compared to 47 men) women are still concentrated in so-called typically female occupations such as cosmetology, office clerk and office systems administrator. The Committee asks the Government to continue to provide statistical information on the participation of men and women in the different disciplines of vocational training and education, as well as to indicate the measures taken to encourage women to participate in training courses in which men traditionally predominate and which may have better career options.

6. Article 5. Special measures. The Committee refers to its previous comments in which it noted that the wording of 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 groups protected under the Convention. The Government is invited once again to further elaborate on the meaning of this constitutional provision and to indicate whether it has or intends to rely on it, for example in order to take positive measures to promote women’s employment, as appropriate.

7. Parts III and IV of the report form. The Committee notes that the Government has omitted to provide further details on the manner in which the Ministry of Labour, the Industrial Tribunal and the courts are enforcing the application of the laws. The Committee, therefore, reiterates its request to the Government to provide information on the concrete measures taken by the Ministry of Labour to promote and ensure equality in the workplace, including information on relevant activities by labour inspection services and the public labour employment exchange services. Please also provide any relevant decision 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.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with regret that the Government’s brief report does not reply to any of the matters raised in the Committee’s previous comment. The Committee hopes the Government will be able to provide full information in its next report on the points from its previous direct request, which read as follows:

1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes that under section 6 of the Employment Act, 2001, no employer shall discriminate against an employee on the basis of, inter alia, sex and marital status by “not affording the employee access to opportunities for promotion, training, and other benefits”, and by “paying him at a rate of pay less than the rate of pay of another employee …”. In this context, the Committee draws the Government’s attention to the broad definition of remuneration contained in the Convention, requiring that the principle of equal remuneration for work of equal value applies to the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment. In the light of this requirement of the Convention, the Committee notes that the term “rate of pay” appears to be narrower than the term “remuneration” as defined in Article 1(a) of the Convention. The Government is therefore requested to provide further explanations as to the meaning of the term “rate of pay” used in section 6(b) of the Employment Act, as compared to the terms “basic pay”, “wage” and “remuneration” defined in section 2 of the Act. In the case that the remuneration referred to in application of the principle of equal remuneration as set out in section 6(b) does not cover bonuses, allowances and other additional emoluments, including uniforms or tools, the Committee asks the Government to indicate the extent to which these elements of remuneration are covered by section 6(a) and the manner in which equal remuneration for men and women for work of equal value, in the sense of the Convention, is ensured with respect to them.

2. Article 1(b). In addition, the Committee notes that section 6(b) refers to the concept of “equal value” in accordance with the Convention and that objective criteria such as skill, effort, responsibility, and working conditions are listed as factors determining equal value. However, it notes that the principle is limited to comparing work performed in the same establishment. Recalling that the Convention does not limit the purview of the principle of equality to ensuring equality of treatment between persons working in the same enterprise, the Committee emphasizes that there is a risk that the possibilities for comparison may be insufficient at the level of the establishment, particularly when women workers are concentrated in certain sectors of activity. The Committee also recalls that it has previously pointed out that the reach of the comparison between jobs performed by men and women should be as wide as allowed by the level at which wage policies, systems and structures are coordinated (see paragraph 72 of the General Survey of 1986 on equal remuneration). The Committee invites the Government to give consideration to widening the scope of comparison of jobs performed by men and women beyond the same establishment and to keep the Committee informed of any developments in this regard.

3. Article 2. In order to allow the Committee to assess further the application of the Convention in the country, the Government is requested to provide information on the manner in which remuneration is determined in the civil service and the public sector, including copies of wage scales and information on the method used to establish them.

4. Article 3. Objective appraisal of jobs. According to the Government, industrial agreements and employment policies at the enterprise level provide for objective appraisals of jobs. The Committee would appreciate receiving examples of such agreements and policies providing for job appraisals. Recalling that the adoption of techniques to measure and compare objectively the relative value of jobs is critical to eliminating disparities in the remuneration levels of men and women, the Committee also asks the Government to provide information on any measures taken or envisaged to promote the development and use of objective job appraisal systems on the basis of the work performed in the civil service and the private sector.

5. Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes that workers’ and employers’ organizations have been consulted in the preparation of the Employment Act. The Government is requested to continue to provide information on cooperation with these organizations in order to give effect to the provisions of the Convention. The Committee also asks the Government to provide copies of any collective agreements which include protection for equal remuneration for work of equal value, and to indicate the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value through those agreements.

6. Parts III and IV of the report form. The Committee asks the Government to provide information on the concrete activities undertaken by the Ministry of Labour, including the labour inspectorate, to monitor and oversee compliance with the equal remuneration provisions of the Employment Act and the Convention. Please also provide any judicial decisions that may have been issued involving section 6 of the Employment Act or otherwise relating to the principle of the Convention.

7. Part V of the report form. The Government’s report contains no information on the Convention’s application in practice. The Committee encourages the Government to take the necessary steps to assess the income levels of men and women in the light of the Convention and to provide to it any results and findings obtained. The Government is also requested to provide statistical information on the levels of income of men and women, as far as possible, in accordance with the Committee’s general observation of 1998.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with regret that the Government’s brief report does not reply to any of the matters raised in the Committee’s previous comment. The Committee hopes that the Government will be able to provide full information in its next report on the points from its previous direct request, which read as follows:

1. Article 1 of the Convention. Coverage of the laws. The Committee notes that article 26 of the Constitution prohibits discrimination by law and acts by public officers and authorities on the basis of race, place of origin, political opinion, colour or creed, but not on the basis of sex. It also notes section 6 of the Employment Act, 2001, pursuant to which no employer or person acting on behalf of an employer shall discriminate against an employee or an applicant for employment on the basis of race, creed, sex, marital status, political opinion, age or HIV/AIDS. Section 6 applies also to “disabled employees unless the employer can show that the job requirements relied on as a ground for hiring the disabled person at a lesser rate of pay are reasonable or the disabled person cannot be accommodated without due hardship” (section 7). The Committee notes that no protection from discrimination on the basis of sex is available under article 26 of the Constitution, which may prevent workers from applying to the Supreme Court for protection from discrimination on the basis of sex (article 28). In the absence of information of other mechanisms by which workers may obtain redress for discrimination, the Committee requests information on mechanisms available in this regard. The Committee also invites the Government to indicate the manner in which the Convention is applied with regard to the prohibited ground of social origin and national extraction, which are listed in Article 1(1)(a) of the Convention. Please also indicate whether the Government has made or wishes to make use of Article 1(1)(b) of the Convention with regard to the grounds of age, HIV/AIDS status and disability, which are prohibited grounds of discrimination under the legislation.

2. Articles 2 and 3. National policy and measures to promote equality. The Committee notes the Government’s indication that the national policy designed to promote equality of opportunity and treatment in employment and occupation was declared in the Constitution as well as section 6 of the Employment Act. In addition, the Government has indicated that access to vocational training in public high schools was free of charge and that the Bahamas Technical and Vocational Institute (BTVI) offered training for a minimal fee. While noting this information, the Committee requests the Government to provide more detailed and practical information on the concrete measures taken to promote equality of opportunity and treatment on all the grounds listed in the Convention, following the questions listed in Part II of the report form regarding Articles 2 and 3 of the Convention. This information should highlight, inter alia, practical measures taken to ensure equality in employment in the public sector, to promote employment equality through education, training and awareness raising, and any cooperation with employers’ and workers’ organizations undertaken in this regard. Please also provide statistical information on the position of men and women in the labour market, both the private and public sectors, indicating their participation in the different sectors and occupations, as well as levels of responsibility. With regard to vocational training, please provide information on the participation of men and women in the different disciplines of training and education.

3. Article 5. Special measures. The Committee notes the statement by the Government that no special measures in accordance with this Article have been taken. However, the Committee notes that the maternity protection provided under the Employment Act, in fact, constitutes a special measure in line with Article 5 of the Convention. The Committee also notes that the wording of section 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 groups protected under the Convention. The Government is invited to further elaborate on the meaning of this constitutional provision and to indicate whether it intends to rely on it, e.g. in order to take positive measures to promote women’s employment, as appropriate.

4. Parts III and IV of the report form. The Committee notes that the application of laws related to the Convention is entrusted to the Ministry of Labour, the Industrial Tribunal and the other courts. In this regard, the Committee would appreciate information on the concrete measures taken by the Ministry of Labour to promote and ensure equality in the workplace, including information on relevant activities by labour inspection services and the Public Labour Employment Exchange Services. Please also provide any relevant decision of the Industrial Tribunal or the courts with regard to equality in employment and occupation, particularly decision 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 how they have been dealt with.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s first report and asks the Government to provide additional information on the following matters.

1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes that under section 6 of the Employment Act, 2001, no employer shall discriminate against an employee on the basis of, inter alia, sex and marital status by "not affording the employee access to opportunities for promotion, training, and other benefits", and by paying him at a "rate of pay less than the rate of pay of another employee …". In this context, the Committee draws the Government’s attention to the broad definition of remuneration contained in the Convention, requiring that the principle of equal remuneration for work of equal value applies to the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment. In the light of this requirement of the Convention, the Committee notes that the term "rate of pay" appears to be narrower than the term "remuneration" as defined in Article 1(a) of the Convention. The Government is therefore requested to provide further explanations as to the meaning of the term "rate of pay" used in section 6(b) of the Employment Act, as compared to the terms "basic pay", "wage" and "remuneration" defined in section 2 of the Act. In the case that the remuneration referred to in application of the principle of equal remuneration as set out in section 6(b) does not cover bonuses, allowances and other additional emoluments, including uniforms or tools, the Committee asks the Government to indicate the extent to which these elements of remuneration are covered by section 6(a) and the manner in which equal remuneration for men and women for work of equal value, in the sense of the Convention, is ensured with respect to them.

2. Article 1(b). In addition, the Committee notes with interest that section 6(b) refers to the concept of "equal value" in accordance with the Convention and that objective criteria such as skill, effort, responsibility, and working conditions are listed as factors determining equal value. However, it notes that the principle is limited to comparing work performed in the same establishment. Recalling that the Convention does not limit the purview of the principle of equality to ensuring equality of treatment between persons working in the same enterprise, the Committee emphasizes that there is a risk that the possibilities for comparison may be insufficient at the level of the establishment, particularly when women workers are concentrated in certain sectors of activity. The Committee also recalls that it has previously pointed out that the reach of the comparison between jobs performed by men and women should be as wide as allowed by the level at which wage policies, systems and structures are coordinated (see paragraph 72 of the General Survey of 1986 on equal remuneration). The Committee invites the Government to give consideration to widening the scope of comparison of jobs performed by men and women beyond the same establishment and to keep the Committee informed of any developments in this regard.

3. Article 2. In order to allow the Committee to assess further the application of the Convention in the country, the Government is requested to provide information on the manner in which remuneration is determined in the civil service and the public sector, including copies of wage scales and information on the method used to establish them.

4. Article 3. Objective appraisal of jobs. According to the Government, industrial agreements and employment policies at the enterprise level provide for objective appraisals of jobs. The Committee would appreciate receiving examples of such agreements and policies providing for job appraisals. Recalling that the adoption of techniques to measure and compare objectively the relative value of jobs is critical to eliminating disparities in the remuneration levels of men and women, the Committee also asks the Government to provide information on any measures taken or envisaged to promote the development and use of objective job appraisal systems on the basis of the work performed in the civil service and the private sector.

5. Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes that workers’ and employers’ organizations have been consulted in the preparation of the Employment Act. The Government is requested to continue to provide information on cooperation with these organizations in order to give effect to the provisions of the Convention. The Committee also asks the Government to provide copies of any collective agreements which include protection for equal remuneration for work of equal value, and to indicate the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value through those agreements.

6. Parts III and IV of the report form. The Committee asks the Government to provide information on the concrete activities undertaken by the Ministry of Labour, including the labour inspectorate, to monitor and oversee compliance with the equal remuneration provisions of the Employment Act and the Convention. Please also provide any judicial decisions that may have been issued involving section 6 of the Employment Act or otherwise relating to the principle of the Convention.

7. Part V of the report form. The Government’s report contains no information on the Convention’s application in practice. The Committee encourages the Government to take the necessary steps to assess the income levels of men and women in the light of the Convention and to provide to it any results and findings obtained. The Government is also requested to provide statistical information on the levels of income of men and women, as far as possible, in accordance with the Committee’s general observation of 1998, which is attached for ease of reference.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

The Committee notes the Government’s first report and requests the Government to provide further information in its next report on the following points.

1. Article 1 of the Convention. Coverage of the laws. The Committee notes that article 26 of the Constitution prohibits discrimination by law and acts by public officers and authorities on the basis of race, place of origin, political opinion, colour or creed, but not on the basis of sex. It also notes section 6 of the Employment Act, 2001, pursuant to which no employer or person acting on behalf of an employer shall discriminate against an employee or an applicant for employment on the basis of race, creed, sex, marital status, political opinion, age or HIV/AIDS. Section 6 applies also to "disabled employees unless the employer can show that the job requirements relied on as a ground for hiring the disabled person at a lesser rate of pay are reasonable or the disabled person cannot be accommodated without due hardship" (section 7). The Committee notes that no protection from discrimination on the basis of sex is available under article 26 of the Constitution, which may prevent workers from applying to the Supreme Court for protection from discrimination on the basis of sex (article 28). In the absence of information of other mechanisms by which workers may obtain redress for discrimination, the Committee requests information on mechanisms available in this regard. The Committee also invites the Government to indicate the manner in which the Convention is applied with regard to the prohibited ground of social origin and national extraction, which are listed in Article 1(1)(a) of the Convention. Please also indicate whether the Government has made or wishes to make use of Article 1(1)(b) of the Convention with regard to the grounds of age, HIV/AIDS status and disability, which are prohibited grounds of discrimination under the legislation.

2. Articles 2 and 3. National policy and measures to promote equality. The Committee notes the Government’s indication that the national policy designed to promote equality of opportunity and treatment in employment and occupation was declared in the Constitution as well as section 6 of the Employment Act. In addition, the Government has indicated that access to vocational training in public high schools was free of charge and that the Bahamas Technical and Vocational Institute (BTVI) offered training for a minimal fee. While noting this information, the Committee requests the Government to provide more detailed and practical information on the concrete measures taken to promote equality of opportunity and treatment on all the grounds listed in the Convention, following the questions listed in Part II of the report form regarding Articles 2 and 3 of the Convention. This information should highlight, inter alia, practical measures taken to ensure equality in employment in the public sector, to promote employment equality through education, training and awareness raising, and any cooperation with employers’ and workers’ organizations undertaken in this regard. Please also provide statistical information on the position of men and women in the labour market, both the private and public sectors, indicating their participation in the different sectors and occupations, as well as levels of responsibility. With regard to vocational training, please provide information on the participation of men and women in the different disciplines of training and education.

3. Article 5. Special measures. The Committee notes the statement by the Government that no special measures in accordance with this Article have been taken. However, the Committee notes that the maternity protection provided under the Employment Act, in fact, constitutes a special measure in line with Article 5 of the Convention. The Committee also notes that the wording of section 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 groups protected under the Convention. The Government is invited to further elaborate on the meaning of this constitutional provision and to indicate whether it intends to rely on it, e.g. in order to take positive measures to promote women’s employment, as appropriate.

4. Parts III and IV of the report form. The Committee notes that the application of laws related to the Convention is entrusted to the Ministry of Labour, the Industrial Tribunal and the other courts. In this regard, the Committee would appreciate information on the concrete measures taken by the Ministry of Labour to promote and ensure equality in the workplace, including information on relevant activities by labour inspection services and the Public Labour Employment Exchange Services. Please also provide any relevant decision of the Industrial Tribunal or the courts with regard to equality in employment and occupation, particularly decision 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 how they have been dealt with.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report and requests the Government to provide further information in its next report on the following points.

1. Article 1 of the Convention. Coverage of the laws. The Committee notes that article 26 of the Constitution prohibits discrimination by law and acts by public officers and authorities on the basis of race, place of origin, political opinion, colour or creed, but not on the basis of sex. It also notes section 6 of the Employment Act, 2001, pursuant to which no employer or person acting on behalf of an employer shall discriminate against an employee or an applicant for employment on the basis of race, creed, sex, marital status, political opinion, age or HIV/AIDS. Section 6 applies also to "disabled employees unless the employer can show that the job requirements relied on as a ground for hiring the disabled person at a lesser rate of pay are reasonable or the disabled person cannot be accommodated without due hardship" (section 7). The Committee notes that no protection from discrimination on the basis of sex is available under article 26 of the Constitution, which may prevent workers from applying to the Supreme Court for protection from discrimination on the basis of sex (article 28). In the absence of information of other mechanisms by which workers may obtain redress for discrimination, the Committee requests information on mechanisms available in this regard. The Committee also invites the Government to indicate the manner in which the Convention is applied with regard to the prohibited ground of social origin and national extraction, which are listed in Article 1(1)(a) of the Convention. Please also indicate whether the Government has made or wishes to make use of Article 1(1)(b) of the Convention with regard to the grounds of age, HIV/AIDS status and disability, which are prohibited grounds of discrimination under the legislation.

2. Articles 2 and 3. National policy and measures to promote equality. The Committee notes the Government’s indication that the national policy designed to promote equality of opportunity and treatment in employment and occupation was declared in the Constitution as well as section 6 of the Employment Act. In addition, the Government has indicated that access to vocational training in public high schools was free of charge and that the Bahamas Technical and Vocational Institute (BTVI) offered training for a minimal fee. While noting this information, the Committee requests the Government to provide more detailed and practical information on the concrete measures taken to promote equality of opportunity and treatment on all the grounds listed in the Convention, following the questions listed in Part II of the report form regarding Articles 2 and 3 of the Convention. This information should highlight, inter alia, practical measures taken to ensure equality in employment in the public sector, to promote employment equality through education, training and awareness raising, and any cooperation with employers’ and workers’ organizations undertaken in this regard. Please also provide statistical information on the position of men and women in the labour market, both the private and public sectors, indicating their participation in the different sectors and occupations, as well as levels of responsibility. With regard to vocational training, please provide information on the participation of men and women in the different disciplines of training and education.

3. Article 5. Special measures. The Committee notes the statement by the Government that no special measures in accordance with this Article have been taken. However, the Committee notes that the maternity protection provided under the Employment Act, in fact, constitutes a special measure in line with Article 5 of the Convention. The Committee also notes that the wording of section 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 groups protected under the Convention. The Government is invited to further elaborate on the meaning of this constitutional provision and to indicate whether it intends to rely on it, e.g. in order to take positive measures to promote women’s employment, as appropriate.

4. Parts III and IV of the report form. The Committee notes that the application of laws related to the Convention is entrusted to the Ministry of Labour, the Industrial Tribunal and the other courts. In this regard, the Committee would appreciate information on the concrete measures taken by the Ministry of Labour to promote and ensure equality in the workplace, including information on relevant activities by labour inspection services and the Public Labour Employment Exchange Services. Please also provide any relevant decision of the Industrial Tribunal or the courts with regard to equality in employment and occupation, particularly decision 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 how they have been dealt with.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report and asks the Government to provide additional information on the following matters.

1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes that under section 6 of the Employment Act, 2001, no employer shall discriminate against an employee on the basis of, inter alia, sex and marital status by "not affording the employee access to opportunities for promotion, training, and other benefits", and by paying him at a "rate of pay less than the rate of pay of another employee …". In this context, the Committee draws the Government’s attention to the broad definition of remuneration contained in the Convention, requiring that the principle of equal remuneration for work of equal value applies to the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment. In the light of this requirement of the Convention, the Committee notes that the term "rate of pay" appears to be narrower than the term "remuneration" as defined in Article 1(a) of the Convention. The Government is therefore requested to provide further explanations as to the meaning of the term "rate of pay" used in section 6(b) of the Employment Act, as compared to the terms "basic pay", "wage" and "remuneration" defined in section 2 of the Act. In the case that the remuneration referred to in application of the principle of equal remuneration as set out in section 6(b) does not cover bonuses, allowances and other additional emoluments, including uniforms or tools, the Committee asks the Government to indicate the extent to which these elements of remuneration are covered by section 6(a) and the manner in which equal remuneration for men and women for work of equal value, in the sense of the Convention, is ensured with respect to them.

2. Article 1(b). In addition, the Committee notes with interest that section 6(b) refers to the concept of "equal value" in accordance with the Convention and that objective criteria such as skill, effort, responsibility, and working conditions are listed as factors determining equal value. However, it notes that the principle is limited to comparing work performed in the same establishment. Recalling that the Convention does not limit the purview of the principle of equality to ensuring equality of treatment between persons working in the same enterprise, the Committee emphasizes that there is a risk that the possibilities for comparison may be insufficient at the level of the establishment, particularly when women workers are concentrated in certain sectors of activity. The Committee also recalls that it has previously pointed out that the reach of the comparison between jobs performed by men and women should be as wide as allowed by the level at which wage policies, systems and structures are coordinated (see paragraph 72 of the General Survey of 1986 on equal remuneration). The Committee invites the Government to give consideration to widening the scope of comparison of jobs performed by men and women beyond the same establishment and to keep the Committee informed of any developments in this regard.

3. Article 2. In order to allow the Committee to assess further the application of the Convention in the country, the Government is requested to provide information on the manner in which remuneration is determined in the civil service and the public sector, including copies of wage scales and information on the method used to establish them.

4. Article 3. Objective appraisal of jobs. According to the Government, industrial agreements and employment policies at the enterprise level provide for objective appraisals of jobs. The Committee would appreciate receiving examples of such agreements and policies providing for job appraisals. Recalling that the adoption of techniques to measure and compare objectively the relative value of jobs is critical to eliminating disparities in the remuneration levels of men and women, the Committee also asks the Government to provide information on any measures taken or envisaged to promote the development and use of objective job appraisal systems on the basis of the work performed in the civil service and the private sector.

5. Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes that workers’ and employers’ organizations have been consulted in the preparation of the Employment Act. The Government is requested to continue to provide information on cooperation with these organizations in order to give effect to the provisions of the Convention.  The Committee also asks the Government to provide copies of any collective agreements which include protection for equal remuneration for work of equal value, and to indicate the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value through those agreements.

6. Parts III and IV of the report form. The Committee asks the Government to provide information on the concrete activities undertaken by the Ministry of Labour, including the labour inspectorate, to monitor and oversee compliance with the equal remuneration provisions of the Employment Act and the Convention. Please also provide any judicial decisions that may have been issued  involving section 6 of the Employment Act or otherwise relating to the principle of the Convention.

7. Part V of the report form. The Government’s report contains no information on the Convention’s application in practice. The Committee encourages the Government to take the necessary steps to assess the income levels of men and women in the light of the Convention and to provide to it any results and findings obtained. The Government is also requested to provide statistical information on the levels of income of men and women, as far as possible, in accordance with the Committee’s general observation of 1998, which is attached for ease of reference.