The Tribune

EDITOR, The Tribune

Every Bahamian deserves to go to work without fear of humiliation, intimidation or sexual harassment.

That is not simply a legal principle. It is a workplace right.

As Shadow Attorney General and Shadow Minister for Labour, I believe it is time for The Bahamas to modernise how we protect workers from sexual harassment.

A recent comparative study by University of the West Indies legal scholar Dr Adetutu Aina-Pelemo examined sexual harassment laws in Barbados, Belize, Jamaica, Trinidad and Tobago, and The Bahamas against the International Labour Organisation's Convention No. 190, the international standard on violence and harassment in the world of work. The findings should concern us all.

While many of our Caribbean neighbours have enacted comprehensive workplace legislation requiring employers to prevent sexual harassment and providing victims with accessible civil remedies, The Bahamas continues to rely primarily on criminal law, according to Dr Aina-Pelemo's comparative study.

That approach no longer serves Bahamian workers.

Consider the position of a hotel worker, a shop clerk or a young professional starting her first job. If she experiences harassment today, her primary legal option is to file a criminal complaint, a process that can take years, requires a high burden of proof and offers her no say over whether she remains employed in the meantime. Countries such as Trinidad and Tobago have moved towards frameworks that give workers faster, more practical remedies. The Bahamas has not yet made that shift.

Criminal law has an important role to play. It punishes the most serious wrongdoing. Employment law serves a different purpose. It is designed to create safe workplaces before harm is done, not afterwards.

A worker should not have to choose between enduring harassment and commencing a criminal prosecution.

Many victims simply want the behaviour to stop. They want an employer who takes complaints seriously. They want an independent investigation. They want protection from retaliation. They want to know they can return to work in a safe environment.

Our law should provide those protections.

Today, Bahamian employers are not subject to a comprehensive statutory duty to implement sexual harassment policies, conduct training, establish confidential reporting procedures or actively prevent harassment. The emphasis remains on punishment after the fact rather than prevention before harm occurs.

That is not good enough.

Good labour policy recognises that safe workplaces are productive workplaces.

This matters especially in an economy like ours, built substantially on tourism and hospitality. These are sectors where employees interact constantly with guests, supervisors and colleagues across long shifts and irregular hours. A workforce that feels protected performs better, stays longer and represents The Bahamas well to the visitors on whom so much of our economy depends. Employers in these industries have as much to gain from clear standards as their workers do.

Employers also benefit from certainty. Clear legal standards protect businesses by setting out what is expected of them, encouraging consistent workplace practices and reducing disputes before they escalate. Most employers want to do the right thing. The law should help them do so.

This is not a debate about workers versus employers.

It is about creating workplaces built on respect, accountability and fairness.

The international standard reflected in ILO Convention No. 190 recognises that harassment does not occur only within four office walls. It can happen while travelling for work, through electronic communications, during work functions or while working remotely.

Likewise, sexual harassment is not limited to demands for sexual favours in exchange for promotion or continued employment. More commonly, it manifests through repeated conduct that creates a hostile, degrading or intimidating work environment. Our legislation should recognise that reality.

The Bahamas should enact comprehensive workplace sexual harassment legislation that complements rather than replaces our criminal law.

Such legislation should establish clear employer duties to prevent harassment, require written workplace policies and regular staff training, provide confidential reporting mechanisms, prohibit retaliation against complainants, create accessible civil remedies and ensure independent oversight.

None of this is untested. Jurisdictions across our region and beyond have shown that these frameworks can be implemented without imposing unreasonable burdens on business. What they require is political will and a clear legislative roadmap.

This is not simply about compliance with international standards.

It is about recognising that dignity at work is a fundamental labour right.

As Shadow Minister for Labour, I believe every worker deserves protection.

As Shadow Attorney General, I believe every citizen deserves laws that are modern, practical and enforceable.

The Government should seize this opportunity to bring forward comprehensive legislation that reflects international best practice while addressing the realities of Bahamian workplaces. Workers deserve to know they will be protected. Employers deserve clarity about their obligations. Our courts deserve legislation that is clear, workable and just.

Safe workplaces are not created by criminal sanctions alone. They are created by good laws, responsible employers, informed employees and a national commitment to dignity and respect in the workplace.

The Bahamas has the opportunity to lead. It should not allow that opportunity to pass.

Michela Barnett-Ellis, MP

Shadow Attorney General and Minister of Legal Affairs and Shadow Minister for Labour, the Public Service and National Insurance

July 23, 2026.