Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Bahamas (Ratification: 1976)

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Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. For many years, the Committee has been requesting the Government to amend certain provisions of the 1976 Merchant Shipping Act under which: (i) breaches of labour discipline, such as disobedience to lawful command (section 129(b) and (c)), desertion and absence without leave (section 131(a) and (b)) are punishable with imprisonment (involving an obligation to work, under section 10 of the Prisons Act and rules 76 and 95 of the Prison Rules) ; and (ii) deserting seafarers from ships registered in another country may be forcibly conveyed on board the ship (section 135).

The Committee notes the Government’s information in its report that a new Merchant Shipping Bill has been drafted and passed in the Parliament in December 2021. The Committee notes with satisfaction that the provisions under section 129(b) and (c), section 131(a) and (b) and section 135 have not been retained under the Merchant Shipping Act of 2021.

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

The Committee notes that the Government reiterates its previous statement that the Industrial Relations Act is currently being reviewed by the National Tripartite Council. The Committee, referring also to its comments made in 2022 under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), expresses the firm hope that the Government will take the necessary measures to amend sections 73, 74(3), 77(2)(a), 76(1) and 76(2)(b) of the Industrial Relations Act, so as to ensure that persons organizing or peacefully participating in a strike are not liable to sanctions of imprisonment involving an obligation to work.