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

Migration for Employment Convention (Revised), 1949 (No. 97) - Bahamas (Ratification: 1976)

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes that no amendments were made to key labour or immigration laws during the period under review, though a legislative review is currently in progress and a memorandum of understanding (MoU) with a labour-sending country is pending. The Government also provides general information on the application of existing laws, with regard to work-permit requirements, equal application of the Employment Act and access to National Insurance, as well as inspection and dispute-resolution mechanisms for migrant workers, particularly in high-risk sectors like domestic work and construction. The Committee welcomes the Government’s indication that labour inspectors are trained to investigate complaints concerning migrant workers, particularly migrant domestic workers who are at heightened risk of exploitation. Nevertheless, the Committee observes that, once again, the Government has referred in a very general manner to the existing legislation and still not provided the requested detailed, article-by-article mapping of national laws to the Convention. The Committee therefore reiterates its requests for: (i) specific legislative and policy references per Convention article; (ii) details and timelines of the current legislative review; (iii) copies of relevant clauses of relevant bilateral agreements or MOUs (such as for example, those governing labour migration, managing irregular migration, and protecting migrant workers’ rights); and (iv) data on how current migration trends, especially concerning women and sectoral concentration, inform the adoption of migration policies, as well as the outcomes of these policies.

Article 3. Measures to combat misleading propaganda. The Committee notes the Government’s indication that oversight of misleading advertising, including employment or recruitment advertising that may target migrant workers, falls under the Utilities Regulation and Competition Authority (URCA), whose Code of Practice for Content Regulation and Consumer Protection Regulations prohibit false or misleading advertisements across radio, television and electronic platforms. It further notes the information that URCA launched in 2023 a review of its Consumer Protection Regulations and that no violations related to migration or employment advertising were formally detected during the period. The Committee requests the Government to: (i) provide information on the specific legal bases within the URCA instruments applicable to recruitment and employment advertising and clarify its scope; and (ii) describe operational measures to detect and prevent misleading propaganda and advertising, including information on any infringements detected and sanctions imposed.

Article 6. Equality of treatment. The Committee notes that migrant workers lawfully employed have equal rights with nationals under the Employment Act, access to the National Insurance scheme, trade unions, dispute-resolution mechanisms, and the Industrial Tribunal. It takes note of the Government statement that migrant women, especially domestic workers, face higher risks of discrimination and its statement about inspectorate responsiveness to complaints involving foreign workers. The Government acknowledges that no specific programmes specifically targeting migrant women yet exist, though partnerships are being considered. In that regard, it stresses that the Department of Gender and Family Affairs has engaged in public education campaigns and outreach aimed at promoting the rights of women, including migrant women. The Committee recalls that there is a significant presence of Haitian workers in the country and regrets the lack of targeted actions to address the intersecting discrimination they face, as noted in its previous observation. The Committee therefore requests data, broken down by sex and nationality, on inspections, complaints, and enforcement outcomes, as well as detailed measures to address the situation of Haitian migrant workers, including language support, outreach, and anti-discrimination initiatives.

Article 8. Maintenance of residence in the event of incapacity for work. The Committee notes the Government’s clarification that a person holding a certificate of permanent residence is not subject to revocation of that status solely because they become unable to work due to illness or injury after admission, and that sections 17 and 18 of the Immigration Act provide for revocation only where the status was obtained by fraud or misrepresentation, or where the person poses a threat to public safety or national security. The Committee takes note of this information which addresses its previous request.

Statistics on migration flows. The Committee notes the Government’s provision of Labour Force Survey (Quarter 3, 2023) tabulations disaggregated by sex, birthplace and citizenship and its indication that these figures are interim pending release of the most recent Population and Housing Census results. The Committee also welcomes the Government’s provision of sex-disaggregated data from the Department of Immigration on work permits issued in 2023, broken down by industry, occupational group, nationality and sex. It notes that 12,088 work permits were issued to new applicants in 2023, of which 10,017 (about 83 per cent) were issued to men and 2,071 (17 per cent) to women. The Committee requests the Government to continue to provide disaggregated statistical data on migration flows, as well as data on Bahamian workers seeking employment abroad.