Texts of pending comments

Articles 1 and 2 of the Convention. Assessing and addressing the gender pay gap. The Committee previously noted the persistence of occupational gender segregation and predominant gender pay gap in favour of men. It requested the Government to provide information on the concrete measures taken and the progress made in that regard. The Committee notes the Government’s indication that the draft National Policy on Gender and Development (NPGD), which contains initiatives aimed at addressing these issues, has not been adopted yet but that, in the meantime, the Cabinet has agreed to use the draft policy as an «official government policy pending its final adoption». The Committee regrets the lack of information provided by the Government on any concrete measures implemented to address occupational gender segregation or gender pay gap, pending the adoption of the NPGD. In that regard, it notes with concern, from the last available statistical information forwarded by the Government, that, in 2018, women employed in the same occupational categories or industrial groups as men systematically received lower remuneration in all of them (except in “other mining and quarrying” group), with average wage differentials between men and women being estimated at 12.75 per cent. It further notes that, in 2018, the gender pay gap between men and women ranged from 8.9 per cent for technicians and associate professionals, up to 34.7 per cent for service and shop sales workers and 35.8 per cent for plant and machine operators and assemblers. The statistics concerning the average monthly income by sex and industry also show a gender pay gap in favour of men (except in transport, storage and communication), ranging from 1.3 per cent in agriculture, up to 24.5 per cent in wholesale and retail trade, restaurants and hotels. The Committee further notes that, according to the 2020 Human Development Report from the United Nations Development Programme (UNDP), female participation in the labour market remains low at 50.1 per cent compared to 70.2 per cent for men, and the income inequality Gini coefficient (that is the measure of the deviation of the distribution of income among individuals or households within a country from a perfectly equal distribution; where a value of 0 represents absolute equality and a value of 1 (or 100 per cent) absolute inequality) was estimated at 0.323 in the 2019 index. It further notes that, as highlighted in 2021, in the context of the Universal Periodic Review (UPR), conducted under the auspice of the United Nations (UN) Human Rights Council, the UN Committee on the Elimination of Discrimination against Women (CEDAW) expressed specific concern at the wide gender wage gap and persistent occupational segregation in the labour market and specifically recommended the Government to reduce the gender wage gap by guaranteeing and enforcing the principle of equal pay for work of equal value in all sectors (A/HRC/WG.6/39/TTO/2, 26 August 2021, paragraphs 35 and 36 and CEDAW/C/TTO/CO/4-7, 25 July 2016, paragraphs 30 and 31). Regarding occupational gender segregation, the Committee refers the Government to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee urges the Government to step up its efforts in order to address the gender pay gap and its structural causes, including persistent occupational gender segregation of the labour market. It asks the Government to provide information on any concrete measures implemented to that end, as well as on any progress made in the adoption of the National Policy on Gender and Development. The Committee also asks the Government to provide detailed statistical data on the distribution of women and men in the various economic sectors and occupations, and their corresponding earnings, both in the private and public sectors.

Articles 1(b) and 2. Equal remuneration for men and women for work of equal value. Legislation. The Committee recalls that the Equal Opportunity Act, 2000, prohibits discrimination in employment but does not contain any specific provision regarding equal remuneration for men and women for work of equal value. Since 2003, the Committee has been requesting the Government to take steps to give full legislative expression to the principle of the Convention. It previously noted that, in 2018, consultations were held on the Industrial Relations Advisory Committee's (IRAC) Policy Recommendations on Employment Standards and a proposed list of definitions, and requested the Government to provide information on any progress made in that regard. The Committee notes the Government’s statement, in its report, that the elaboration of the Employment Standards Bill is still ongoing. The Government indicates that, since 2018, consultations have continued between the IRAC, the Minister of Labour and Small Enterprise Development (MOLSED), and national stakeholders on the draft Policy Recommendations, which suggest the inclusion of a provision providing that “men and women shall be entitled to equal pay for work of equal value”. The Government adds that, in August 2020, a new version of the draft Policy Recommendations was revised by relevant stakeholders through targeted consultations, prior to their submission to the Cabinet. The Committee takes note of this information. It however notes with concern the lack of progress towards a full legislative implementation of the principle contained in the Convention. It recalls, once again, that Article 2(2)(a) of the Convention specifies national laws and regulations as a method of applying the principle of the Convention and that guidance provided by the Equal Remuneration Recommendation, 1951 (No. 90) supports legal enactment for the general application of the principle. It emphasizes that legal provisions that are narrower than the principle laid down in the Convention – in that they do not give expression to the concept of “work of equal value” – hinder progress in eradicating gender-based pay discrimination (see 2012 General Survey on the fundamental Conventions, paragraph 679). In light of the ongoing legislative developments that have been under way for a number of years, the Committee urges the Government to give full legislative expression to the principle of the Convention, including through the adoption of the Employment Standards Bill. It asks the Government to provide information on any progress made in that regard, as well as on any proactive measures taken to raise awareness of the meaning of the principle of equal remuneration for work of equal value among workers, employers and their representative organizations and also among law enforcement officials. The Committee further asks the Government to provide information on the number, nature and outcome of cases of pay inequality between men and women dealt with by the labour inspectors, the Equal Opportunity Commission and Equal Opportunity Tribunal, the courts or any other competent authorities.

Articles 2(2)(c) and 4. Collective agreements and collaboration with the social partners. The Committee previously noted the continued use of non-gender-neutral terminology in collective agreements in order to describe certain categories of workers (such as “greaseman”, “watchman”, “handyman”, “charwoman”, “female scavenger”, etc.) which may reinforce stereotypes regarding whether certain jobs should be carried out by men or women, and thus increasing the likelihood of wage inequality. It noted the Government’s indication that gender-neutral designation of posts would be given consideration in the framework of the regrading and reclassification exercise for daily rated workers of the Port-of-Spain Corporation, and requested the Government to indicate how it was ensured that, in determining wage rates in collective agreements, the principle of equal remuneration for men and women for work of equal value was effectively taken into account by the social partners. The Committee notes the Government’s indication that the regrading and reclassification exercise for daily rated workers of the Port-of-Spain Corporation is still ongoing. Regarding collective agreements, the Government states that the Employers’ Consultative Association (ECA) provides collective bargaining services to all employers during the preparation and conduct of collective bargaining negotiations, in particular to include proposals for the use of gender-neutral language to describe job positions. The Government adds that the ECA has committed to continue exploring the possibility of adding the concept of equal pay for work of equal value to new or already existing interventions of its subsidiary, the Employers’ Solution Centre (ESC), which conducts training and awareness-raising activities for over 2,000 individuals per year. Recalling the important role played by the social partners in giving effect in practice to the principle of the Convention, more particularly in light of the absence of any legislation reflecting the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to take steps, in collaboration with employers’ and workers’ organizations, to ensure that gender-neutral terminology is used in defining the various jobs and classifications in collective agreements. It asks the Government to provide information on progress made in this regard, as well as to indicate the results of the regrading and reclassification exercise for daily rated workers of the Port-of-Spain Corporation. The Committee also asks the Government to provide information on the actions undertaken to promote the implementation of the principle of the Convention with the cooperation of the social partners, and the results of such initiatives. In this regard, it asks the Government to specify how it shares with the social partners the contours of the principle of equal remuneration for men and women for work of equal value and how the social partners take into account this principle in collective bargaining on wages.

The Committee is raising other matters in a request addressed directly to the Government.

Articles 1 and 2 of the Convention. Employment policy. The Committee previously noted that, due to resource constraints, the Minister of Labour and Small Enterprise Development (MOLSED), had been unable to continue the development of a Decent Work Policy and Programme of Action, but that the principles of the Decent Work Agenda, including the principle of equal remuneration for work of equal value, were taken into account as part of the current review of labour legislation. The Committee notes the Government’s statement, in its report, that the MOLSED continues its review and reform of existing labour legislation in order to ensure, amongst other things, alignment with the fundamental principle of equal remuneration for men and women for work of equal value. Recalling the importance of implementing fully the principle of equal remuneration for work of equal value, the Committee once again asks the Government to provide information on any developments in this regard, more specifically on any review of labour legislation undertaken with a view to ensuring the implementation of this principle, which lies at the heart of the fundamental right of gender equality.

Article 2(2)(b). National minimum wage. Referring to its previous comments where it requested information on the minimum wage, the Committee notes the adoption of Legal Notice No. 341 of 8 November 2019 which increased the national minimum wage from 15 Trinidadian dollars (TTD) to TTD17.50 per hour. The Committee welcomes this information. The Committee asks the Government to provide updated statistical information on the percentage of women and men who are paid the national minimum wage, as well on any obstacles encountered, in particular in sectors in which women predominate.

Article 3. Objective job evaluation. The Committee previously noted the Government’s indication that several job evaluation exercises had been implemented in the public service since the early 2000s and requested the Government to provide detailed information on the method used in that framework and the results achieved. It notes the Government’s statement that there is no detailed documentation on the methodology used but the public service relies on the Position Classification Method (PCM) of Job Evaluation. The Government adds that such method evaluates the value of the job, and not the person, comparing the job content to existing job descriptions. The evaluation is based on factors such as nature and scope of the job, authority, supervisory responsibility, training or experience required and relative worth of the job; at no time is gender a determining factor for setting wages in the public service. The Government adds that a job evaluation and compensation exercise for the public service is currently ongoing and will be completed in June 2022. Regarding job evaluations in the private sector, the Committee notes the Government’s indication that the Employers’ Consultative Association (ECA) provides services regarding the conduct of job evaluation exercises to employers, through its Employers’ Solution Centre (ESC). The Government adds that, in this context, ECA uses objective and job-specific factors, (mainly based on the point-factor method), never recommending the use of gender-biased factors. The Committee takes note of this information. In light of the persistent occupational segregation and substantive gender pay gap, the Committee however wishes to draw the Government’s attention to the fact that the effective implementation of the principle of the Convention not only requires that levels of wages shall not be determined on the basis of sex, but goes further by requiring some method of measuring and comparing the relative value of different jobs held by men and women, through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skill, effort, responsibilities and working conditions, in order to avoid the assessment being tainted by gender bias (see General Survey on fundamental Conventions, 2012, paragraph 695). The Committee asks the Government to provide detailed information on the method used for job evaluation exercises in the public sector and the results achieved. In that regard, it asks the Government to provide a copy of the job evaluation exercise for the public service to be completed in June 2022. The Committee also asks the Government to provide information on the measures taken to promote objective job evaluation in the private sector, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, with a view to ensure that skills considered to be “female” (such as manual dexterity or skills required in the caring professions), are not undervalued or even overlooked, in comparison with traditionally “male” skills (such as heavy lifting).

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. In its previous comments, the Committee recalled that the Equal Opportunity Act, 2000 covers discrimination based on sex, race, ethnicity, origin (including geographical origin), religion, marital status and disability. It noted the Government’s indication that the ground of “origin” in the Act covered also national extraction and social origin. It requested the Government to take the opportunity of any future revision of the Act to include explicitly in the list of prohibited grounds of discrimination the grounds of “political opinion” and “colour”, in accordance with Article 1(1)(a) of the Convention, and to clarify expressly the definition of the ground of “origin”. The Committee notes the Government’s indication that draft amendments to the Equal Opportunity Act were under review by the Attorney General and the Minister of Legal Affairs in April 2021, but observes that the Government does not provide information on the content of such amendments, and more particularly on the potential inclusion of the grounds of “political opinion” and “colour” in the draft amendments. The Committee wishes to stress once again that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (2012 General Survey on the fundamental Conventions, paragraph 853). In light of the ongoing revision of the Equal Opportunity Act, the Committee firmly hopes that the Government will take the necessary measures to include explicitly the grounds of “political opinion” and “colour” in the list of prohibited grounds of discrimination, as required by Article 1(1)(a) of the Convention, as well as to clarify the definition of “origin”, including by explicitly referring to “social origin” and “national extraction”. It asks the Government to provide information on any progress made in this regard.

Discrimination based on sex. Sexual harassment. The Committee previously noted the adoption of the National Workplace Policy on Sexual Harassment, in 2019, which defines both “quid pro quo” and “hostile environment” sexual harassment and sets as specific objective to prevent sexual harassment in the workplace. It requested the Government to provide information on the concrete steps taken to prevent and prohibit sexual harassment in employment and occupation, as well as on any progress made towards the adoption of the Employment Standards Bill and the Sexual Harassment Bill. Regarding the Employment Standards Bill, the Committee notes the Government’s indication that section 3 of the draft Policy Recommendations, elaborated in July 2018, expressly refer to the right of workers to «work in an environment that is free from any form of violence and/or harassment, including sexual harassment and bullying». The Government adds that, since 2018, several consultations were hold with relevant stakeholders. In August 2020, a new version of the draft Policy Recommendations was revised by relevant stakeholders through targeted consultations, prior to their submission to the Cabinet. Regarding the Sexual Harassment Bill, the Committee notes the Government’s general statement that a collaboration started in 2019 between the Minister of Labour and Small Enterprise Development (MOLSED) and the Office of the Attorney General and Ministry of Legal Affairs in order to draft the bill. The Government indicates that a copy of both legislations will be provided once enacted. The Committee notes the Government’s indication that several public awareness-raising activities were undertaken by the MOLSED on the National Workplace Policy on Sexual Harassment, targeting, among others, workers and their representative organizations. It however notes with regret the absence of information provided by the Government on any concrete steps taken to prevent and prohibit sexual harassment at work, in particular as a result of the National Workplace Policy, as well as on any actions undertaken to raise awareness of employers or their organizations in that regard. Recalling that sexual harassment is a serious form of sex discrimination, the Committee again asks the Government to provide information on: (i) any progress made in the adoption of legislation prohibiting all forms of sexual harassment in employment and occupation, including the Employment Standards Bill and the Sexual Harassment Bill; (ii) any specific measures implemented to prevent and prohibit sexual harassment in employment and occupation, in particular in the framework of the National Workplace Policy; and (iii) any complaint or case of sexual harassment dealt with by the competent authorities, and the results thereof.

Articles 2 and 3. Equality of opportunity and treatment of men and women. National gender policy. The Committee previously noted that a draft National Policy on Gender and Development (NPGD) was expected to be adopted soon. It notes the Government’s indication that, as of July 2021, the draft policy was before the Cabinet for approval as a White Paper but that, in the meantime, the Cabinet agreed to use this draft policy as an «official policy pending its final adoption». The Committee notes that, in 2021, in the context of the Universal Periodic Review (UPR), conducted under the auspice of the United Nations (UN) Human Rights Council, the Government indicated that the draft policy will serve as a framework to achieve full equality between women and men, and their equitable participation in political, economic, social, cultural and family life. A National Action Plan will accompany the Policy and provide explicit guidelines for its implementation, monitoring and evaluation (A/HRC/WG.6/39/TTO/1, 17 August 2021, paragraph 103). The Committee asks the Government to provide information on the progress made in the adoption of the draft National Policy on Gender and Development and any accompanying national action plan. It also asks the Government to provide information on any other measures taken with a view to promoting equality of opportunity and treatment between men and women.

Occupational segregation between men and women and gender stereotypes. Referring to its previous comments where it requested the Government to take proactive measures in order to increase women’s access to a wider range of vocational training opportunities, the Committee notes the Government’s indication that several studies have been carried out, focusing on gender-related issues in the education system and the relationship between educational attainment and employment patterns of women and men. Noting the Government’s statement that consideration will be given to the findings of the aforementioned studies, the Committee observes that no information is provided by the Government on the content, conclusions or recommendations of these studies. The Committee notes the Government’s repeated indication that measures have been taken to ensure the accessibility of training to all interested persons, regardless of sex, in technical and vocational training programmes offering a variety of skills, both in urban and rural areas. The Government adds that women are showing interest in various areas in which they were traditionally underrepresented but that more proactive measures must be taken to facilitate and encourage the access of women and girls to a wider range of vocational training. In that regard, the Committee observes, from the statistical information provided by the Government on vocational training, that, in 2018 and 2019, women and girls were still concentrated in areas where they are traditionally overrepresented, such as food preparation, child care, housekeeping and clerical work, while men were concentrated in electricity, plumbing and construction. The Committee notes, that, according to the 2020 Human Development Report from the United Nations Development Programme (UNDP), female participation in the labour market remains low at 50.1 per cent compared to 70.2 per cent for men, while 74.5 per cent of women have at least a secondary education compared to 71.2 per cent of men. It further notes that, as highlighted in 2021, in the context of the UPR, the UN Committee on the Elimination of Discrimination against Women (CEDAW) expressed specific concern at: (1) the limited labour participation of women, notwithstanding their high attainment rates in education; and (2) the persistence of discriminatory stereotypes and deep-rooted patriarchal attitudes regarding the roles and responsibilities of women and men in the family and society. Similar concerns were also expressed by the UN country team in that context (A/HRC/WG.6/39/TTO/2, 26 August 2021, paragraphs 35 and 58). In the absence of information on the concrete measures taken to ensure the accessibility of training to all interested persons, regardless of sex, in technical and vocational training programmes offering a variety of skills, the Committee is bound to recall that providing vocational guidance and taking active measures to promote access to education and training, free from considerations based on stereotypes or prejudices, is essential in broadening the range of occupations from which men and women are able to choose. It recognizes that ensuring equal access to vocational training is essential but underlines that more proactive measures should be taken to facilitate and encourage the access of women and girls to a wider range of vocational training, including courses leading to occupations in which men have traditionally been employed (2012 General Survey, paragraphs 750 and 751). The Committee again asks the Government to provide information on the proactive measures taken to increase women’s access to a wider range of vocational training opportunities and on their impact on the employment of women in sectors and occupational groups in which they are traditionally underrepresented. It also asks the Government to provide information on any awareness-raising campaigns undertaken to combat stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role and responsibilities in society. The Committee asks the Government to provide statistical information on the participation of men and women in education and vocational training, as well as in employment and occupation, disaggregated by occupational categories and positions, both in the public and private sector.

Equality of opportunity and treatment irrespective of race, colour or national extraction. Migrant workers. The Committee notes that the Strategic Plan for the period 2017–20 sets as specific objective to formulate and implement a Labour Migration Policy and that an Inter-Ministerial Committee was appointed to that end in July 2018. It notes that, in the context of the UPR, the Government indicated that work on the elaboration of this policy is still on-going (A/HRC/WG.6/39/TTO/1, 17 August 2021, paragraph 54). The Committee however notes that, as highlighted in the context of the UPR, several UN special procedure mandate holders expressed alarm about the State’s criminalization of irregular migration, which resulted in people in vulnerable situations taking dangerous migration routes and therefore exposed them to the risk of being trafficked (A/HRC/WG.6/39/TTO/2, 26 August 2021, paragraph 79). In that regard, the Committee recalls that all migrant workers, including those in an irregular situation, must be protected against discrimination in employment on the basis of the grounds set out in Article 1(1)(a) of the Convention (2012 General Survey, paragraph 778). The Committee further refers to its 2019 direct request on the Migration for Employment Convention (Revised), 1949 (No. 97) regarding equality of treatment of migrant workers. The Committee asks the Government to provide information on any measures taken to ensure equality of opportunity and treatment in employment and occupation of migrant workers, including those in an irregular situation, as well as any progress made in the adoption of the Labour Migration Policy. It further asks the Government to provide information on the number and nature of any complaints or cases of discrimination against migrant workers dealt with by the labour inspectorate, the Equal Opportunity Commission and Equal Opportunity Tribunal, the courts, the sanctions imposed and remedies granted, as well as statistical data on the participation of migrant workers in the labour market.

Awareness-raising and enforcement. The Committee previously noted the steady decline in the number of complaints of discrimination in employment filed with the Equal Opportunity Commission (EOC), of which only 4.5 per cent were referred to the Equal Opportunity Tribunal (EOT) in 2016. The Committee notes the Government’s statement that the EOC is actively engaged in public education sessions with both public and private sector organizations and expanded its outreach mainly through the use of digital media, in particular social media. Regarding the decline in the number of complaints made before the EOC, the Government states that several causes have been identified, namely: (1) the lack of awareness regarding the existence of the Commission as a result of its insufficient funding; (2) the preference for the recourse to company’s internal grievance mechanisms; (3) the expiry of the time limit set to make a complaint before the Commission; and (4) the fact that, as a result of awareness-raising activities already undertaken, individuals may be less inclined to lodge unsubstantial complaints. Regarding the low number of cases referred to the EOT, the Government refers to the financial limitations of the complainants who are unable to use the litigation process or pay for the services of a qualified attorney to present their case before the Court. For this reason, complainants opt to either have the matter conciliated or choose to go no further with the complaint, after conciliation has ended. In that regard, the Committee notes, from the last available EOC annual report, that, in 2019, 108 complaints were received by the Commission, 91 per cent of which referred to cases of discrimination in employment, mainly based on race or ethnicity (83 cases) or sex (21 cases). It further notes that only six cases were referred to the Tribunal in 2019 (5.5 per cent), compared to four cases in 2018. The Committee further refers to its 2020 direct request under the Labour Inspection Convention, 1947 (No. 81), where it requested the Government to pursue its efforts to fill the substantial number of remaining vacant inspector positions at the labour inspectorate unit as a result of the decline in the number of labour inspections carried from 1,637 in 2015-16, to 1,527 in 2018-19, and 576 in 2019-20 due to the COVID-19 pandemic. The Committee asks the Government to provide detailed information on the activities undertaken by the Equal Opportunity Commission to raise awareness of the principles of the Convention, as well as remedies and procedures available. It also asks the Government to provide information on any measures envisaged to: (i) strengthen the capacity and effectiveness of the labour inspectorate unit and the Equal Opportunity Commission; and (ii) improve access to justice for workers, in particular by providing free legal assistance. The Committee further asks the Government to provide information on the number, nature and outcome of any cases on discrimination in employment and occupation dealt with by the labour inspectorate, the Equal Opportunity Commission and the Equal Opportunity Tribunal, the courts, as well as any other competent authorities.

Article 1(1)(a) of the Convention. Discrimination based on sex. For a number of years, the Committee has been expressing concern at the discriminatory nature of several provisions relating to married female police officers, and particularly: (1) Regulation 52 of the Police Commission Regulations, which provides that the appointment of a married female police officer may be terminated on the ground that her family obligations are affecting the efficient performance of her duties; and (2) section 14(2) of the Civil Service Regulations which requires a female officer who marries to report the fact of her marriage to the Public Service Commission. It requested the Government to revoke Regulation 52 of the Police Commission Regulations and amend section 14(2) of the Civil Service Regulations to eliminate any potentially discriminatory impact based on sex. The Committee notes the Government’s indication in its report that, in January 2019, the Police Service Commission decided on the revocation of Regulation 52 and that new draft Regulations, omitting Regulation 52, are currently under review by the Police Service Commission and the Chief Parliamentary Counsel. Regarding the amendment of section 14(2) of the Civil Service Regulations, the Committee notes the Government’s statement that a new Civil Service Act and Regulations, omitting section 14(2), have been drafted by the Personnel Department and are currently under review by the relevant stakeholders. Welcoming these positive developments, the Committee expresses the firm hope that the Government will without further delay make every possible effort to effectively: (i) revoke Regulation 52 of the Police Commission Regulations; and (ii) amend or revoke section 14(2) of the Civil Service Regulations in order to eliminate any potentially discriminatory impact based on sex. It asks the Government to provide information on any progress made in this regard, in particular with respect to the adoption of the new draft Police Commission Regulations and the new draft Civil Service Act and Regulations, and to submit copies once adopted.

Articles 2 and 3. Equality of opportunity and treatment of men and women. Public service. The Committee previously noted the persistent occupational gender segregation in the public service, as well as the sex-specific terminology used in the denomination of offices in the Schedule, Parts I–VI, of the Civil Service Regulations. It requested the Government to amend the legislation to ensure that it only contains gender-neutral terminology. The Committee notes, from the detailed statistical information provided by the Government, the persistence, and in some instances the aggravation, of horizontal and vertical segregation in the public sector. Indeed, while women represent 80.5 per cent of personnel in the judicial and legal service and 76.4 per cent in the teaching service, they only represent 16.8 per cent of personnel in the fire service (and none at the higher levels, that is grade five and above); 9.4 per cent in the prison service (and none at the higher levels); and 27.8 per cent in the police service (and only 3.9 per cent at the higher levels). Regarding the sex-specific terminology used in the denomination of the offices mentioned in the Schedule, Parts I–VI, of the Civil Service Regulations, the Committee notes the Government’s statement that equality of treatment is ensured to all workers irrespective of sex. The Committee notes with concern the lack of steps taken by the Government to ensure that the legislation only contains gender-neutral terminology, despite the persistent occupational gender segregation in the public service. In this regard, it wishes to draw the Government’s attention to the fact that, even in the absence of any discrimination based on sex, the use of sex-specific terminology to describe certain categories of workers may reinforce stereotypes regarding whether certain jobs should be carried out by men or women (for example, postman, watchman, foreman, repairman, handyman, ward or home sister, matron, maid, laundress), or whether women may have access to decision-making positions (for example, “chief male nurse”, or the distinction made between “male airport attendant” and “female airport attendant” for airport attendant I and II). In light of the persistent occupational gender segregation and ongoing revision of the Civil Service Regulations, the Committee urges the Government to take the necessary steps to amend the Schedule, Parts I–VI, of the Civil Service Regulations in order to ensure that gender-neutral terminology is used in defining the various jobs and classifications in the public service. It asks the Government to provide information on the progress made in this regard. The Committee further asks the Government to provide information on any measures taken to address occupational gender segregation in the public service and to continue providing statistical information on the distribution of men and women in the different sectors and occupations of the public service.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments.

Repetition

Implementing legislation on fishers’ competency certificates. The Committee had noted in its previous comment the absence of laws and regulations giving effect to the requirements of the Convention and had requested the Government to provide a copy of the Safety of Fishing Vessel Regulations which was under preparation. The Committee regrets to note the Government’s indication in its report that the regulations governing all aspects of fishing vessel operations, including fishers’ certificates of competency, are still being developed. The Committee therefore urges once again the Government to adopt the necessary measures without delay to regulate fishers’ competency certificates.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the information provided by the Government concerning the work of the ILO 144 Tripartite Consultative Committee (hereafter the “TCC”) following its reconstitution in February 2018 for a two-year term. The Government indicates in general terms that the TCC reviewed the fundamental ILO Conventions, which have been ratified by Trinidad and Tobago, with a view to assessing their status and extent of implementation in the country. It also reviewed and approved reports on ratified Conventions to be submitted to the ILO under article 22 of the ILO Constitution for 2017, 2018 and 2019. The Government further reports that the TCC considered the country’s position with regard to three items on the agenda of the 107th Session of the International Labour Conference in 2018, including on the proposed instruments on violence and harassment against women and men in the world of work. Finally, the Government reports that the TCC reviewed the following instruments with a view to promoting their implementation and ratification, as appropriate: the Nursing Personnel Convention, 1977 (No. 149); the Domestic Workers Convention, 2011 (No. 189); the Violence and Harassment Convention, 2019 (No. 190) and Recommendation, 2019 (No. 206); and the Protocol of 2014 to the Forced Labour Convention, 1930. The Government does not, however, indicate the outcome of these consultations. The Committee recalls in this regard that, while Article 5(1)(b) of Convention No. 144 requires consultations to be held prior to submitting new instruments adopted by the Conference to the competent authorities, Article 5(1)(c) of the Convention requires that consultations be held on the re-examination, at appropriate intervals, of unratified Conventions and of Recommendations to which effect has not yet been given. The latter provision calls for a continuous process of review with a programme spread over a period of time [see the General Survey concerning the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) and the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), 2000, Paragraph 89]. The Committee requests the Government to provide information concerning the status of the TCC following the end of its 2018–20 term, and on the content and outcome of tripartite consultations held on the matters concerning international labour standards covered by Article 5(1)(a)–(e) of the Convention, including information as to the frequency of these consultations since 2020. In particular, the Committee requests the Government to indicate the content and outcome of consultations concerning the submission of new instruments adopted by the International Labour Conference to the competent authorities (Article 5(1)(b)), and the re-examination of unratified Conventions and of Recommendations at appropriate intervals (Article 5(1)(c)). The Committee further requests the Government to provide information on the outcome of consultations concerning the possible ratification of: the Nursing Personnel Convention, 1977 (No. 149); the Domestic Workers Convention, 2011 (No. 189); the Violence and Harassment Convention, 2019 (No. 190) and Recommendation, 2019 (No. 206); and the Protocol of 2014 to the Forced Labour Convention, 1930.

The Committee recalls that, in the framework of the Standards Review Mechanism, the ILO Governing Body, as recommended by the Special Tripartite Committee on the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Convention No. 147 as “outdated”. At its 343rd Session (November 2021), the Governing Body requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006 among the countries still bound, inter alia, by Convention No. 147. In this regard, the Committee notes the Government’s indication that necessary measures are being taken to give effect to the MLC, 2006, including through the adoption of a Shipping Bill, 2020 and the drafting of relevant supporting regulations. The Committee requests the Government to provide information on any developments regarding the MLC, 2006 and reminds it of the possibility to avail itself of the technical assistance of the Office.

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on seafarers’ rights, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Article 2(a)(ii) of the Convention. Social security measures. In reply to its previous comments, the Committee notes the Government’s indication that the Shipping Act, 1987 (Chapter 50:10) was drafted with the understanding that matters related to social security measures would be addressed under other laws, as well as specific agreements between shipowners and seafarers, as applicable. The Government also refers to the Shipping Bill, 2020, which shall seek to address the issue of social security for seafarers. The Committee requests the Government to provide information on any developments regarding the legislation providing substantially equivalent protection to seafarers concerning social security.

Article 2(d)(i). Complaints with respect to the engagement of seafarers. In its previous comments, the Committee requested the Government to take the necessary measures to give effect to Article 2(d)(i). While noting the information on the preparation of the Shipping Bill, 2020, the Committee requests the Government once again to adopt the necessary measures to implement Article 2(d)(i).

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Information on the ongoing reform process. In reply to the Committee’s previous request on the reform process in respect of accident compensation, the Government indicates in its report that the comments received from stakeholders on the revision of the Workmen’s Compensation Act (Chapter 88:05) of 1960 have been assessed and that a Draft Policy Proposal document has been prepared and reviewed by the Minister of Labour and Small Enterprise Development (MOLSED), responsible for the oversight of the Workmen’s Compensation Act, in consultation with the Ministry of Planning and Development. The Government further indicates that, in the absence of a division within MOLSED that administers or regulates the Workmen's Compensation Act, a number of proposals are currently being explored to improve the governance of the scheme. These comprise (1) the establishment of a Tripartite Committee under the purview of the Ministry of Labour, following approval by Cabinet, to review the Workmen’s Compensation Act; (2) the establishment of a Review Committee under the new legislation for future periodic review of the workmen’s compensation scheme; and (3) the conduct of a Financial Impact Analysis, along with wider consultation in order to advance to policy. Noting these developments, the Committee encourages the Government to pursue its efforts to improve the effectiveness of the workers’ compensation scheme and requests the Government to continue providing information on the reform process in respect of accident compensation and on any relevant legislative development in this regard.

Application of the Convention in practice. The Committee notes the Government’s reply to its request for specification concerning the manner in which the principle of equality of treatment was implemented in practice, in case the beneficiary transferred his or her residence abroad following an employment injury. It notes, in particular, the indication by the Government that, although the current legislation does not regulate such situations, in practice, the National Insurance Board of Trinidad and Tobago (NIBTT) has determined that residency status was not a criterion in determining the qualification or non-qualification of an applicant for the employment injury benefits, and that payments of such benefits continued when a beneficiary resided abroad. The Committee requests the Government to specify whether the payments of employment injury benefits are made to beneficiaries living abroad regardless of their nationality.

The Committee further notes that, according to the Government, if a beneficiary is required to undertake a medical assessment to determine the continuation of either the Injury or Disablement Benefits and fails to do so because of their residence outside of Trinidad and Tobago, the benefit will be discontinued due to their non-compliance with the NIBTT's request and not because of their residency status, as such. The Committee requests the Government to indicate whether the medical assessment required for determining whether entitlement to employment injury benefits continues can be undertaken in the country of residence of the beneficiary, if he/she resides abroad, and, if so, under which conditions.

Finally, the Committee notes the Government’s indication that the MOLSED will take into consideration how the principle of equality of treatment can be dealt with in the review of the Workers’ Compensation Act. The Committee welcomes this indication and requests the Government to provide information on measures taken or envisaged to ensure that the principle of equality of treatment between nationals and non-nationals in respect of workers’ compensation is applied in the national legislation.

Furthermore, the Committee requests the Government to supply statistical data on the approximate number of foreign workers in Trinidad and Tobago, their nationality and occupational distribution. The Committee further requests the Government to provide statistical data on the number and nature of the accidents reported and compensated in the case of foreign workers. It also requests the Government to indicate the amounts of compensation paid, in the case of residency outside the territory of Trinidad and Tobago, to its nationals and to foreign nationals from countries that have ratified the Convention, or to their dependants.

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. The Committee previously noted that section 16 of the 2011 Trafficking in Persons Act prohibits trafficking in persons, and perpetrators are liable upon conviction to a fine of not less than 500,000 Trinidad and Tobago dollars and imprisonment of not less than 15 years. The Committee also noted the cases pending before the court, including that of a law enforcement officer committed to stand trial. The Committee notes the Government’s indications in its supplementary information, in response to the Committee’s request, that according to the Counter Trafficking Unit (CTU), six were charged for trafficking in persons between January 2013 and August 2019, either for the purpose of labour exploitation (in four cases) or for both the purposes of sexual and labour exploitation (in two cases). The seven victims comprised six nationals of Guyana and one of Bolivia. The Government adds that, to date, four persons have been committed to stand trial. In this regard, the Committee observes that these four individuals were charged in 2013. In addition, the Government indicates that between August 2019 and August 2020, the CTU identified three cases of forced labour, comprising two victims of Chinese nationality and one victim of Indian nationality; the latter case is pending charges. The Committee requests the Government to provide information on the outcome of the pending cases of trafficking in persons (including the convictions and the penalties imposed), as well as the enforcement action undertaken by the CTU, and to indicate any difficulties encountered in the prosecution and conviction of alleged offenders of trafficking in persons. The Committee also requests the Government to indicate whether charges have been filed in the two cases of forced labour involving two victims of Chinese nationality.

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020). It takes note of the Government’s indications concerning the impact of the COVID-19 pandemic on the implementation of the Conventions, particularly with respect to the carrying out of inspection visits and awareness campaigns.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

Labour inspection: Convention No. 81

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. Following its previous comment, the Committee notes the Government’s indication, in its report in response to the Committee’s previous request, that the function of conciliation is now exclusively carried out by the Conciliation Unit at the Ministry of Labour and Small Enterprise Development (MOLSED). It notes in this respect that, if the occupational safety and health (OSH) inspectors in the execution of their duties encounter issues which require conflict resolution, such matters are directed to the Conciliation Unit.

Article 5(a). Cooperation between the inspection services and other government services and public or private institutions. In its previous comment, the Committee took note that several Memoranda of Understanding (MOUs) had been signed between the OSH Agency and the Tobago House of Assembly; the Environmental Management Authority; the Trinidad and Tobago Fire Services and the Ministry of Energy and Energy Industries. In this regard, the Committee notes the Government’s indication that two additional MOUs have been signed between the OSH Agency and the Ministry of Health, and between the OSH Agency and the Trinidad and Tobago Bureau of Standards. It further notes the detailed information provided by the Government as an appendix to its report on the objectives of these MOUs and the measures undertaken to achieve them.

Articles 5(a), 17 and 18. Cooperation with the justice system and effective enforcement of legal provisions. The Committee previously noted the Government’s indication that it was developing a National Labour Inspection Policy aimed at providing clear guidance on, among other things, the referral of matters to the Industrial Court. The Committee takes note of the Government’s indication that the MOLSED is continuing its review of the role and function of the Ministry’s Labour Inspectorate Unit (LIU) as well as the impact of certain issues, such as trafficking, child labour and decent work for migrant workers, on the development of a National Labour Inspection Policy. The Committee requests the Government to continue to provide information on the National Labour Inspection Policy, including its impact on the application of the legal provisions enforceable by labour inspectors, and to provide a copy once adopted.

Article 5(b). Collaboration with employers and workers or their organizations. Following its previous comment on the activities of OSH committees in workplaces, the Committee notes the Government’s indication that information on the establishment and operation of these committees is requested and reviewed by OSH inspectors during inspection visits and that their findings form part of the inspection report. The Government also indicates that it is promoting the establishment of OSH committees within the public service, including as part of the ongoing Public Sector OSH Compliance Programme, which commenced in March 2019, and that a brochure on OSH committees was distributed to all Ministries. The Government further indicates that the OSH Agency, as part of its inspections, continues to monitor the establishment of OSH committees, in collaboration with the MOLSED. The Committee requests the Government to provide information on the activities carried out by OSH committees in workplaces, including information on the number, subject matter, and outcomes of investigations requested by OSH committees.

Article 6. Status of labour inspectors. 1. Status of OSH inspectors. Following its previous comment, the Committee notes the Government’s indication that OSH inspectors are engaged on a contractual basis, according to the terms and conditions set by the Human Resource Advisory Committee of the Government. The Committee also takes note of the “Employee Performance Management System Policy and Procedure”, submitted as appendices to the Government’s report, which fixes the criteria and procedures for assessing the performance of OSH inspectors on an annual basis and according to which the authorities responsible for the assessment are human resources and other officials within the OSH Agency. In this regard, it takes note of the “Separation and Termination Policy and Procedures”, also submitted with the Government’s report, which sets out the reasons for termination of OSH inspectors’ contracts, as well as the Grievance Policy and Procedures, under which they can initiate an appeal process. The Committee requests the Government to continue to provide information on the measures taken to ensure that OSH inspectors are public officials assured of stability of employment, in conformity with Article 6 of the Convention, including information on compensation and benefits provided to OSH inspectors in comparison to government employees or contractors exercising similar duties and responsibilities.

2. Status of Chief Labour Inspector and Senior Labour Inspector. Following its previous comments on the ongoing process of classification of the positions of Chief Labour Inspector and the Senior Labour Inspector of the LIU, the Committee notes the Government’s indication that classification questionnaires were issued for completion and sign off by the MOLSED. The Government indicates that the next step is to arrange and conduct a job audit with representatives of the MOLSED. It further indicates that the MOLSED is in the process of filling the Senior Labour Specialist positions and that a candidate was selected, but not yet hired, for the position of Chief Labour Inspector Specialist. Noting that these positions have been vacant for a number of years, the Committee urges the Government to continue to provide information on any developments related to completing the classification of the posts of Chief Labour Inspector and Senior Labour Inspector as well as on the filling of the vacant positions.

Articles 7(1) and (2), 10 and 16. Recruitment and number of inspectors. Number of inspections. Following its previous comment, the Committee notes the information from the Government that there are currently 15 inspectors at the LIU and 38 inspectors at the OSH Agency (which represents an increase from 28 in 2016 to 38 in 2019). With respect to the LIU, the Committee notes the Government’s indication that 18 positions are vacant. The Government indicates that MOLSED is liaising with the Service Commissions Department to fill the vacant positions of labour inspectors. The Committee notes the Government’s indication that the decline of inspections conducted by the LIU (from 1,177 in 2010 to 612 in 2015) was the result of the significant reduction in the number of inspectors from sixteen to ten due to resignations and compulsory retirement. The Government indicates that eight new labour inspectors were recruited in the latter part of 2015 and that, as a consequence, 1,637 inspections were conducted by the LIU in 2015–16. However, the number of inspections then declined to 1,527 in 2018–19. The Committee further notes with interest that the number of inspections conducted by the OSH agency increased from 1,630 in 2017 to 2,133 in 2018 and to 3,105 in 2019. The Committee notes the Government’s indication that, as a result of the COVID-19 pandemic, the number of inspections conducted by the OSH agency declined to 2,229 in 2020 and those conducted by the LIU to 576 in 2019-20. The Committee urges the Government to pursue its efforts to fill the substantial number of remaining vacant inspector positions at the LIU. It requests the Government to continue to provide information on the number of inspection staff, as well as specific information on the reasons for any remaining vacancies. It further requests the Government to continue to provide information on the number of inspection visits undertaken.

Articles 20 and 21. Publication and communication of an annual report on labour inspection. Following its previous comment, the Committee notes the Government’s indication that the OSH Agency has committed to submitting an annual report on labour inspection to the MOLSED in December 2020 and will cover the period from October 2019 to September 2020. The Committee requests the Government to pursue its efforts to ensure the publication of the annual general reports of the OSH Agency and the LIU, and to transmit a copy of these annual reports to the ILO, in conformity with Article 20 of the Convention.

Labour administration: Convention No. 150

Article 3 of the Convention. Activities in the field of national labour policy regulated by having recourse to direct negotiations between employers’ and workers’ organizations. The Committee previously requested information on any activities in the field of national labour policy regulated by having recourse to direct negotiations between employers’ and workers’ organizations. In this respect, it notes that the MOLSED continues to engage in multipartite consultations with the social partners to create revised labour legislation and it notes the information provided by the Government concerning the status of labour legislation consultations.

Article 4. Coordination of functions and responsibilities within the labour administration system. Following its previous comment, the Committee notes the Government’s indication that the MOLSED adopted a new Strategic Plan for the period 2017–20 together with an Implementation Plan in the context of the Government’s Official Policy Framework and the National Development Strategy 2016–30 (Vision 2030). It notes that six key priority areas of strategic focus have been identified cutting across all of the functional areas of the Ministry: (i) service delivery; (ii) multipartite stakeholder relationships; (iii) policy and legislation; (iv) results-based monitoring; (v) coordinated innovation and small enterprise development and training; and (vi) employment facilitation for persons with disabilities and other vulnerable groups. Regarding the Committee’s previous request concerning coordination between the MOLSED and the National Insurance Board of Trinidad and Tobago (NIBTT) with respect to social security issues, the Committee notes the information provided by the Government concerning different areas of collaboration between both agencies. These include: (i) providing information for the Labour Market Information System; (ii) participation in the Inter-Ministerial Committee for the Development of a Labour Migration Policy; (iii) discussions towards the establishment of a Memorandum of Understanding with the MOLSED; and (iv) participation in consultations on employment standards, severance benefits and foreign labour contracts in Trinidad and Tobago. The Committee requests the Government to continue to provide information on the measures taken to ensure the coordination of the functions and responsibilities of the labour administration system. In this respect, it requests the Government to provide information on the implementation of the Strategic Plan of the MOLSED for the period 2017 – 20, as well as information on any subsequent plans adopted.

Article 7. Extension of the functions of the labour administration system to include activities for the benefit of categories of workers who are not, in law, employed persons. Following its previous comment, the Committee notes the Government’s indication that the services of the LIU are mainly geared towards protecting the labour rights of vulnerable groups of workers, including low and unskilled workers, young persons, women, domestic workers, and migrant workers. It provides a decentralized service to rural communities, by visiting these areas on a monthly basis to record complaints and conduct inspections as well as conducting awareness campaigns. The Government indicates that, although the COVID-pandemic has negatively affected the public awareness campaigns, the LIU, in collaboration with the Communication Unit of the Ministry and the ILO Decent Work Team and Office for the Caribbean, conducted a social media campaign to raise awareness about rights and responsibilities of both workers and employers and the role of the LIU. With respect to domestic workers, the Government indicates that the LIU works closely with the National Union for Domestic Employees to ensure decent work for these workers. The Committee notes that, regarding migrant domestic workers, the LIU provides guidance to the Work Permit Section of the National Employment Services by reviewing employment contracts for consistency with labour law.

Article 9. Labour administration activities carried out by parastatal agencies and regional or local agencies. Following the Committee’s previous request concerning periodic reporting of parastatal agencies responsible for particular labour administration functions, the Committee notes the Government’s indication that the OSH Agency, the National Entrepreneurship Development Company Limited and the Cipriani College of Labour and Co-operative Studies are all governed by Boards whose members are approved by Cabinet and the Chairpersons are required to submit a number of reports to the MOLSED on the operations of the agencies, including an annual administrative report. The Government indicates that these administrative reports are submitted to Cabinet and, once approved, submitted to the President for presentation to Parliament and to the Joint Select Committee of Parliament on Statutory Authorities and State Enterprises. Additionally, the agencies are required to submit monthly and quarterly reports of achievements and expenditures to the MOLSED, thereby bringing to the attention of the Minister and the MOLSED issues under the purview of these agencies which are related to labour administration.

Article 10. Human resources and material means necessary for the operation of the labour administration system. The Committee previously noted the Government’s indication that the MOLSED is staffed by both contract workers and civil servants, and it requested the Government to indicate the measures taken or envisaged to ensure that labour administration contract staff carry out their duties without any improper external influence. The Committee takes notes of the information provided by the Government concerning the “Guidelines for Contract Employment” issued by the Personnel Department which address matters such as confidentiality, performance management and termination of employment. In the case of the MOLSED, the conflict-of-interest policy requires staff to declare any conflict of interest. With respect to the material means and financial resources available to labour administration staff for the performance of their duties, the Committee notes that the MOLSED provides: (i) transport and vehicle allowances; (ii) allowances for overseas travel; (iii) workshops and training (both overseas and local); (iv) a performance appraisal procedure, which contributes to ensuring that staff are properly remunerated; (v) other tools, such as computers and cellular phones and access to the Government’s Employee Assistance Programme (EAP), which is designed to improve performance by providing psychological and organizational support. With reference to its comments above concerning Article 6 of Convention No. 81, the Committee requests the Government to continue to provide information on the measures taken to ensure that the staff of the labour administration system have the status, material means and the financial resources necessary for the effective performance of their duties, in accordance with Article 10 of the Convention.

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Article 1(c) of the Convention. Sanctions involving compulsory labour for various breaches of labour discipline. In its reiterated comments since 2000, the Committee has been requesting the Government to take the necessary measures to amend sections 157 and 158 of the Shipping Act, 1987, under which penalties of imprisonment (involving compulsory labour pursuant to sections 255 and 269(3) of the Prison Rules) may be imposed for breaches of labour discipline in circumstances where the life, personal safety or health of persons are not endangered.

The Committee notes that the Government in its report, refers to the continued review of the Shipping Act by the Ministry of Works and Transport, and that the Government indicates that the Ministry will recommend to the Legislative Review Committee of Cabinet that the following provisions be repealed: section 157(b) (wilfully disobeying any lawful command), section 157(c) (continually disobeying any lawful command or wilfully neglecting duty), and section 158(a) and (b) (deserting and neglecting to join a ship and absenting oneself without leave). Moreover, the Government indicates that the Ministry will recommend the amendment of section 157(e) of the Shipping Act (combining with any of the crew to disobey a lawful command or to neglect duty) in order to provide for an appropriate fine instead of imprisonment. The Committee once again hopes that, within the framework of the amendments of the above-mentioned sections of the Shipping Act, the Government will take the necessary measures to ensure that no penalties of imprisonment may be imposed on seafarers for breaches of labour discipline.

Article 1(d). Sanctions for participating in strikes. In its reiterated comments since 2000, the Committee has been noting that pursuant to section 8(1) of the Trade Disputes and Protection of Property Act, a person employed in certain public services (but not limited in this respect to services whose interruption might endanger the life, personal safety or health of the whole or part of the population) who wilfully and maliciously breaks a contract of service, is liable to a fine or to imprisonment of three months. It also noted that pursuant to section 69 of the Industrial Relations Act, penalties of imprisonment (involving compulsory labour under the Prison Rules) could be imposed on certain categories of workers for participation in an industrial action.

In response to the Committee’s request for measures to amend these provisions, the Government indicates in its report that the process of reviewing the Industrial Relations Act, chapter 88:01 has been ongoing since 2016, with proposals for amendments currently before the National Tripartite Advisory Council, including the removal of a penalty of imprisonment for the participation in peaceful industrial action. With regard to the Trade Disputes and Protection of Property Act, the Government indicates that the legislative review of this Act is scheduled by the Ministry of Labour and Small Enterprise Development for the first half of 2020. The Committee notes the Government’s indication in its supplementary report, according to which due, to the disruption resulting from the COVID-19 pandemic, the review of this Act has not been possible. The Committee urges the Government to take the necessary measures to ensure that within the framework of the amendment of the Industrial Relations Act, no penalties of imprisonment may be imposed on persons for the peaceful participation in a strike. It also once again requests the Government to provide information on any measures taken or envisaged to amend the Trade Disputes and Protection of Property Act in this respect.

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Article 1 of the Convention. National policy. The Committee notes the Government’s reference in its report, in response to its previous request, to the elaboration of a draft National Child Policy, which was subject to public consultation in June and July 2019. The Committee further notes the Government’s information in its supplementary report according to which following consultation, the 2018-28 National Child Policy was approved. In addition, the implementation Policy is in the process of being approved. The Committee welcomes that the 2018–28 National Child Policy, available on the website of the Gender and Child Affairs Division of the Office of the Prime Minister, addresses a wide range of issues concerning the prevention and elimination of child labour and the involvement of children in hazardous work, and provides for a specific outcome in this respect (Outcome 3, entitled “Children are Protected”).

The Committee also welcomes the Government’s indication that a National Steering Committee for the Prevention and Elimination of Child Labour was appointed in February 2019 (for a period of three years) and has been mandated to oversee the implementation of critical activities associated with the prevention and elimination of child labour. That Committee is, among many other functions, tasked with the development of the national policy on the elimination of child labour, and the identification of gaps or weaknesses in laws, polices, programmes and institutions in addressing child labour and making relevant recommendations. The Committee requests the Government to provide information on the implementation of the National Child Policy 2018–28 and the results achieved in terms of eliminating child labour. Moreover, it requests the Government to provide information on the activities of the National Steering Committee for the Prevention and Elimination of Child Labour.

Article 3(1) and (2). Minimum age for admission to, and determination of, hazardous work. With regard to the list of hazardous types of work prohibited to children under 18 years of age, the Committee refers to its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Labour inspection and application of the Convention in practice. In its previous comments, the Committee noted that labour inspectors continued to monitor child labour and the employment of young people, but that in 2015, no reports of child labour had been received, and no instances of child labour had been discovered during inspections.

Following its reiterated requests for measures to ensure the availability of data on the situation of child labour, the Committee notes the Government’s indication that Outcome 3 of the 2018–28 National Child Labour Policy provides, among other things: (i) for strategies to assess the prevalence of child labour; and (ii) the National Steering Committee for the Prevention and Elimination of Child Labour is mandated, among other things, to conduct research to better understand the situation of child labour in the country, and to strengthening the unit at the labour inspectorate responsible for monitoring child labour. In this respect, the Committee also recalls its direct request published in 2019 under the Labour Inspection Convention, 1947 (No. 81) in which it noted with concern that the number of labour inspection visits had declined from 1,177 in 2010–11 to 612 in 2014–15. The Committee requests the Government to provide information on the implementation of the above-mentioned measures as well as any other measures to ensure that sufficient data on the situation of working children in Trinidad and Tobago is made available (such as information on the number of children working below the minimum age, and the nature, scope and trends of their work). In this respect, it also requests the Government to provide information on any measures taken to strengthen the capacity of the labour inspectorate and to provide information on the activities undertaken by the labour inspectorate in the area of child labour including the number of labour inspections carried out, the number and nature of cases detected and any follow-up measures taken.

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Articles 3 and 5 of the Convention. Worst forms of child labour. Trafficking, commercial sexual exploitation, and illicit activities. Monitoring mechanisms and the application of the Convention in practice. The Committee previously noted that section 18 of the Trafficking in Persons Act prohibits the trafficking of children, and that a Counter Trafficking Unit (CTU) as foreseen under section 11 of that Act had begun its operations in 2012. It further noted with satisfaction the proclamation of the Children’s Act, 2012, and the penalties provided for in sections 40 and 37 of that Act for the offences of child pornography and the use of a child as courier to buy or deliver dangerous drugs or substances.

The Committee notes the Government’s information in its report, in response to the Committee’s request regarding the application of the Trafficking in Persons Act and the Children’s Act. In this respect, it notes the Government’s information in its supplementary report that two persons have been charged for trafficking of children in 2018, and that the number of persons charged in this respect was seven in 2019 and eight in 2020. Of these cases, 15 persons are under investigation, and two have been committed to stand trial. All the victims were Venezuelan minors.

As regards the application of the Children’s Act, the Committee notes that the Government indicates that a Child Protection Unit (CPU) was established under that Act in 2015, and that the CPU, between 2016 and 2019, received 29 reports concerning child pornography, and one report concerning a case in which a person caused a child to buy a dangerous drug or substance. The Committee notes that most of these cases are under investigation, and that one case was referred to the court. However, the Government has not provided any information on the outcome of that case. The Committee also notes the Government’s indication that a National Steering Committee for the Prevention and Elimination of Child Labour was appointed in February 2019 for a period of three years and has been mandated, among other things, to establish guidelines to unify and manage national monitoring systems and to exploit synergies that can be generated among the different stakeholders, including international cooperation. The Committee requests the Government to continue to provide information on the application in practice of section 18 of the Trafficking in Persons Act and sections 37 and 40 of the Children’s Act, 2012. Please provide detailed information on the number of infringements reported, investigations, prosecutions, convictions and penalties imposed, including on the outcome of the pending cases of trafficking of children.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comment, the Committee noted the different initiatives undertaken by the Government to reduce the number of out-of school children. In its comment on the application of the Minimum Age Convention, 1973 (No. 138), the Committee also noted with satisfaction that the Children’s Act had raised the age of completion of compulsory education to 16, in line with the age of admission to employment or work, and requested the Government to provide statistics on the school enrolment rates and dropout rates of children below the age of 16 years.

The Committee notes that the Government refers, in its report on the application of Convention No. 138, to the Education Policy Paper for 2017–22, which identifies three strategic goals, including: (i) the effective governance and administration of the education system; (ii) access to educational opportunities by all; and (iii) the provision of quality education at all levels. The Committee also notes the Government’s reference, in its report on the application of this Convention, to continued efforts to ensure the enrolment and retention of the most vulnerable children in the education system. In this respect, the Committee notes with interest that the Government refers to a great number of programmes, initiatives and measures, ranging from: (i) economic support for families (grants for school supplies, the provision of transport, breakfast and lunch); (ii) numerous student support services (such as academic and career counselling, psychological support including for suspended students or students at risk, and assistance to students with special educational needs); (iii) support for parents (home visits, support groups, workshops, psychosocial support and guidance); (iv) collaboration of school staff with multiple agencies; (v) training for teachers to help them identify issues of students; and (vi) research undertaken by the Ministry of Education concerning factors leading to school dropouts with a view to develop strategies to retain students in primary and secondary school. The Committee takes due note of the Government’s information in its supplementary report that, in order to mitigate the impact of the COVID-19 pandemic, which resulted in the introduction of virtual education, it has taken various measures including: (i) facilitating the accessibility of online classes through the School Learning Management System; (ii) exploring strategies for the provision of Internet access for all students and teachers; and (iii) maintaining support services for students and parents (remotely).

The Committee also notes the statistics provided by the Government concerning the enrolment of children in school and vocational training, as well as the number of dropouts. The Committee also notes the Government’s indication, in its report on the application of Convention No. 138, that in 2018–19, the total dropout rate of children was 0.09 per cent in primary school, and 0.83 per cent in secondary school, and that the technical and vocational training programmes play a role in mitigating the employment of children under the age of 16 years. Taking due note of the Government’s efforts in this respect, the Committee requests the Government to continue to take measures aimed at increasing school enrolment and attendance rates and reducing the dropout rates and the number of out-of-school children. It also requests the Government to provide statistical information on the results achieved in this regard.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Child victims of trafficking. The Committee previously noted that section 44 of the Trafficking in Persons Act provides for the provision of assistance by the CTU to all child victims of trafficking, and the liaising with the Children’s Authority in this respect. It also noted the provision of assistance to potential child victims of trafficking in person (such as the provision of care, accommodation, psychological and medical care) that were provided by the CTU, the Children’s Authority and relevant NGOs.

Having previously noted the Government’s reference to an envisaged Memorandum of Understanding (MOU) between the Children’s Authority and the CTU to provide assistance to child victims in numerous areas, the Committee welcomes the Government’s indication that such an MOU was signed between the Children’s Authority and the CTU in 2018, and that it provides for, inter alia, placement options to be identified for suspected victims of trafficking. It also notes the Government’s indication that in 2019 (as of August) at least 15 minors had benefited from removal, rehabilitation, skills and English as a second language training and social integration. The Committee requests the Government to continue to provide information on the number of children under 18 years of age who have benefited from services for the removal of child victims of trafficking and for their rehabilitation and social integration. To the extent possible, all information provided should be disaggregated by gender and age.

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Articles 3(d) and 4(1) of the Convention. Determination of hazardous work. The Committee previously noted the Government’s indication that work in the country would continue on the list of hazardous types of work for children in consultation with the social partners, but urged the Government to ensure that the list would be adopted in the near future, as work in this respect had been ongoing since 2004.

The Committee notes the Government’s reiterated reference in its report, in response to the Committee’s request, to the Occupational Safety and Health Act, which defines a “young person” as a child of the age of 16 and under the age of 18 years (section 4) and provides for limitations as to the hours of work of young persons (section 54). However, the Committee also notes the Government’s indication that the list of occupations deemed hazardous to children has not yet been completed. In this respect, the Committee also notes that Outcome 3 entitled “Children are Protected” of the National Child Policy for 2018–28 (available on the website of the Gender and Child Affairs Division of the Office of the Prime Minister) provides for the prevention of child labour and the involvement of children in hazardous work, including through the definition of hazardous occupations and activities prohibited for children. Recalling that, pursuant to Article 1 of the Convention, each Member that ratifies the Convention shall take immediate measures to ensure the prohibition of the worst forms of child labour as a matter of urgency, the Committee once again urges the Government to take the necessary measures to ensure the adoption of the list of hazardous types of work for children in the very near future. It once again requests the Government to provide a copy of that list once it has been adopted.

The Committee is raising other matters in a request addressed directly to the Government.

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