UN Compilation >> Bahamas, Review Documentation, 29th Session, January 2018

Source of Reference
State under Review
Recommendation
The ILO Committee of Experts requested that the Government 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 that regard, the Committee requested that the Government ensure that its legislation allowed for the comparison not only of jobs in the same establishment requiring substantially the same skills, effort and responsibilities performed under similar working conditions, but also of work of an entirely different nature that is, nevertheless, of equal value, and provided for a broad definition of “remuneration” as set out in article 1 (a) of the ILO Equal Remuneration Convention, 1951 (No. 100).
Reference type

Implementations

  • National Report
    Para 67) A minimum standard of healthcare services is provided to any person accessing the services regardless of race, creed, gender, political affiliation, religion or nationality. Para 83) In 2016, the Bureau of Women’s Affairs was expanded into a Department of Gender and Family Affairs (DGFA) in order to ensure a more comprehensive, participatory approach to tackling the country’s social challenges while creating programmes to address education, training, employment and social justice for men and women, boys and girls. Para 84) The human resources of the DGFA increased. Additional technical and support staff have been employed. Since 2018, personnel include a GBV Expert, Educational and Curriculum Officer, Gender Officer, Research Analyst, an Administrative Assistant and a Male Programme Coordinator. Para 85) A Male Desk was established in 2018, which complements and supports the programmes for women and girls. The Male Programme Coordinator also serves as an executive member of the Caribbean Male Action Network (CariMAN). CariMAN’s vision is to “achieve gender justice for all”. Para 93) In February 2022, the Government, in partnership with UN Women, hosted a National Discriminatory Law Review Forum, which contributed to the formulation of new public policies and a Plan of Action. In view of strengthening legal and policy frameworks, the Forum facilitated discussion on recommendations for measures to address the absence of specific legislation as well as potential amendments to existing laws to ensure further equality for women and girls. Para 94) Attended by Parliamentarians, representatives from almost 35 Non-Government Organizations (NGOs), Non-Profit Organizations (NPOs) and Community-Based Organizations (CBOs) also participated.
    Stakeholder Summary
    Para 21) The IACHR expressed concern about the low participation of women in political and public life. Just Atonement Inc. (JAI) reported that entrenched gender stereotypes hindered women’s ability to participate in political and public life in the Bahamas. JS1 expressed a similar concern. Para 23) On parental leave, JS1 underlined that, at present, national legislation only guaranteed maternity leave for 12 weeks … Para 32) JS1 stressed that gender inequality persisted in the Bahamas reflected in the high graduation rate of girls and high rate of tertiary education of women in the country. However, this was not translated into higher income. Para 36) JAI reported that gender inequality and gender-based violence were pervasive problems in the Bahamas, amplifying women and girls’ risk and vulnerability to extreme weather events and climate change. Para 37) JS1 reported that the Bahamas was plagued by gender-based violence which took various forms, including … gender inequality in the law, and lack of safeguards to protect against violence and discrimination.
    UN Compilation
    Para 8) The Special Rapporteur on violence against women reported that neither the principle of equality between women and men nor the prohibition of sex-based discrimination were enshrined in national legislation. She indicated that article 26 of the Constitution of the Bahamas did not prohibit discrimination on the basis of sex and was in contradiction with article 15 of the Constitution, which was interpreted in a manner that allowed formal legal discrimination against women. The absence of a provision on equality between women and men enshrined in the Constitution and the Government’s reservations to the CEDAW were a serious concern with regard to the domestic legislative framework. The Special Rapporteur deeply regretted that the two constitutional referendums aimed at ending gender inequality that were held in the previous decade had been rejected by voters. Para 19) CEDAW remained concerned about the low participation of women in political and public life. Para 23) The same Committee also expressed concern that mothers, in particular single mothers, carried a disproportionate burden of caring for children owing to cultural factors and the absence of an enforcement mechanism for the payment of child maintenance. Para 28) CEDAW remained concerned about legislation that limited the application of the principle of equal pay for work of equal value. It was particularly concerned about the disproportionately high unemployment rate among women, notwithstanding their higher level of educational attainment, the continued occupational segregation in the labour market and the concentration of women in low-wage jobs in the formal and informal sectors, and the large amount of unpaid and unrecognized work done by women. Para 35) CEDAW expressed concern about the insufficient measures taken to ensure access to high-quality education for all girls, delays in the revision of the Education Act and curriculum reform and the concentration of women and girls in traditionally female-oriented fields of study. Para 36) [CEDAW] expressed concern about the placement of pregnant girls in special schools operated by the Providing Access to Continued Education Foundation and the lack of practical measures to ensure their re-entry and retention in schools after childbirth. Para 37) CEDAW recalled the vulnerability of the Bahamas to serious environmental and climate change and natural disasters and the disproportionate effect thereof on women. Para 38) CEDAW welcomed the elevation of the Bureau of Women’s Affairs to the Department of Gender and Family Affairs within the Ministry of Social Services and Urban Development. Para 39) [CEDAW] remained deeply concerned about 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. It highlighted that stereotypes were also the root causes of violence against women and expressed concern at the fact that the Bahamas had not taken sustained measures to modify or eliminate discriminatory stereotypes against women. Para 46) CEDAW expressed concern about the disproportionate level of poverty among women and the discontinuation of the Renewing, Inspiring, Sustaining and Empowering programme, aimed at reducing the number of Bahamians living at or below the poverty level. Para 49) [CEDAW] expressed concern about the limited access for girls with disabilities to inclusive education. Para 50) [CEDAW] also expressed concern about the limited opportunities for women with disabilities to participate in the labour market …
Response