Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Trinité-et-Tobago (Ratification: 1970)

Autre commentaire sur C111

Observation

Demande directe

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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.