Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (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.