Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Trinidad and Tobago (RATIFICATION: 1995)

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Article 5(1)(a)–(e) of the Convention. Effective tripartite consultations. The Committee notes the Government’s indication that the ILO 144 Tripartite Consultative Committee (TCC) was reconstituted for another term, from 2021 to 2023. The Committee notes with interest the information provided by the Government regarding the content and outcome of tripartite consultations held in the TCC, which met 20 times between May 2021 and August 2022. The TCC reviewed and approved reports on ratified Conventions to be submitted to the ILO under article 22 of the ILO Constitution for 2020 and 2021. In addition, the TCC considered the country’s position with regard to items on the agenda of the 109th and 110th Sessions of the International Labour Conference in 2021 and 2022, including with respect to the proposed conclusion on the standard-setting process for the Quality Apprenticeships Recommendation, 2023 (No. 208), adopted at the 110th Session of the Conference. The TCC examined the implementation of the Maritime Labour Convention, 2006, as amended (MLC 2006). The TCC concluded that efforts should be made to advocate for the inclusion of some of the provisions of the MLC in existing or proposed legislation and administrative guidelines. As the MLC would be implemented in Trinidad and Tobago through the Shipping Act, it would be important that compliance with the Convention be prioritized by the Government. The TCC also considered that there was a need to conduct more stakeholder sensitization sessions on the MLC to promote greater understanding of and compliance with the provisions of the Convention. With respect to the possible ratification of the Nursing Personnel Convention, 1977 (No. 149), the TCC reviewed and endorsed the findings and recommendations set out in a gap analysis prepared in consultation with the Trinidad and Tobago Registered Nurses Association (TTRNA), which examined the provisions of Convention No. 149 in light of national law and practice. The Government indicates that the TCC continues to undertake consultations with the relevant bodies regarding the measures required to ensure compliance with Convention No, 149. In relation to the possible ratification of the Domestic Workers Convention, 2011 (No. 189) and the Violence and Harassment Convention, 2019 (No. 190), the Government indicates that the TCC undertook an analysis of the provisions of these instruments and the status of existing measures in Trinidad and Tobago in relation to these provisions. The Government reports that it is working towards initiating action that would lead to any legislative changes that might be necessary in order to effectively implement the provisions of these conventions. Lastly, the Government indicates that the Work Programme for 2021–23 includes an examination of the implementation and possible ratification of the Protocol of 2014 to the Forced Labour Convention, 1930. The Committee requests the Government to provide information concerning the status of the TCC following the end of its 2021-2023 term, and to continue to provide updated detailed information on the frequency, content and outcome of the tripartite consultations held within theTripartite Consultative Committee on all matters concerning international labour standards covered by Article 5(1)(a) the Convention. It further requests the Government to continue 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 the Protocol of 2014 to the Forced Labour Convention, 1930.

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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.

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Article 5 of the Convention. Effective tripartite consultations. In its previous comments, the Committee requested the Government to provide information on the consultations held by the ILO 144 Tripartite Consultative Committee (hereafter referred to as “the TCC”) and on the outcome of the review process concerning the Occupational Safety and Health Convention, 1981 (No 155), the Promotional Framework for Occupational Safety and Health Convention, 2006 (No 187), and the Work in Fishing Convention, 2007 (No 188). The Government reports that during the period 2012-2014, the TCC reviewed Conventions Nos 155, 187 and 188. While it did not recommend ratification, the TCC recommended that the review process of chapter 88:08 of the Occupational Safety and Health Act take into account the provisions of the Conventions. With regard to Convention No. 188, the TCC also did not recommend ratification, but indicated that attempts should be made to advocate for the inclusion of some of the provisions of the Convention in existing or proposed legislation and administrative guidelines. The Committee notes the Government’s indication that, from September 2015 to January 2018, there was a hiatus in the work of the TCC, but that in February 2018 it was reconstituted for a two-year period. The Government reports that between February and August 2018, the Committee held consultations on other matters covered under Article 5(a) and (d) of the Convention: items on the agenda of the International Labour Conference and reports to be made to the International Labour Office under article 22 of the ILO Constitution. The Committee requests the Government to provide updated information concerning the nature, as well as the subject matter and outcome of consultations held by the ILO 144 Tripartite Consultative Committee on each of the matters set out in Article 5(1)(a)–(e), including information as to the frequency of such consultations, and to indicate the nature of any reports or recommendations made as a result of the consultations. The Committee also invites the Government to supply copies of reports and recommendations produced as a result of such tripartite consultations.

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The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 5 of the Convention. Effective tripartite consultations. The Committee requests the Government to provide information on the consultations held by the ILO 144 Tripartite Consultative Committee on each of the matters relating to international labour standards, as well as on any recommendations produced as a result of the said consultations. Please also provide information on the outcome of the review process concerning Conventions Nos 155, 187 and 188.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 5 of the Convention. Effective tripartite consultations. The Committee requests the Government to provide information on the consultations held by the ILO 144 Tripartite Consultative Committee on each of the matters relating to international labour standards, as well as on any recommendations produced as a result of the said consultations. Please also provide information on the outcome of the review process concerning Conventions Nos 155, 187 and 188.

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Article 5 of the Convention. Effective tripartite consultations. The Committee notes with interest that, as a result of the consultation process, the ratification of the Employment Policy Convention, 1964 (No. 122), was registered on 19 September 2013. The Government indicates in its report that in 2013 the ILO 144 Tripartite Consultative Committee reviewed its earlier recommendation relating to the ratification of the Occupational Safety and Health Convention, 1981 (No. 155), on that occasion, in conjunction with the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187); and proceeded with the examination of the Work in Fishing Convention, 2007 (No. 188), and its accompanying Recommendation No. 166. The Government also refers in its report to the consultations held on other matters covered by the Convention. The Committee invites the Government to continue to provide information on the consultations held by the ILO 144 Tripartite Consultative Committee on each of the matters relating to international labour standards, as well as on any recommendations produced as a result of the said consultations. Please also provide information on the outcome of the review process concerning Conventions Nos 155, 187 and 188.

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Tripartite consultations required by the Convention. The Committee notes the Government’s report received in November 2011. The Government reports on the consultations held by the ILO 144 Tripartite Committee on matters set forth under the Convention. In its 2008 observation, the Committee noted that the Tripartite Committee agreed to recommend the ratification of the Employment Policy Convention, 1964 (No. 122), and the Occupational Safety and Health Convention, 1981 (No. 155). In its 2011 report, the Government indicated that the Tripartite Committee is currently examining possible ratification of the Work in Fishing Convention, 2007 (No. 188), and its corresponding Recommendation No. 199. The Committee invites the Government to report on the follow-up on the recommendations made by the Tripartite Committee concerning the ratification of Conventions Nos 122 and 155, and the examination being conducted on Convention No. 188 and Recommendation No. 199 (Article 5(1)(c) of the Convention). The Committee also invites the Government to supply copies of reports and information on any recommendations produced as a result of such tripartite consultations held on each of the matters listed in Article 5(1) of the Convention.

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The Committee notes with regret that the Government’s report has not been received. In its previous reports, the Government provided information on the consultations held by the ILO 144 Tripartite Committee on matters set forth under the Convention. The Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will include detailed information on any recommendations produced as a result of tripartite consultations held on each of the matters related to international labour standards listed in Article 5(1) of the Convention.

[The Government is asked to reply in detail to the present comments in 2012.]

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The Committee notes that the Government’s report has not been received. It must therefore repeat its 2008 observation which read as follows:

Tripartite consultations required under the Convention. The Committee takes note of the information contained in the Government’s report received in August 2008 in reply to its 2007 comments. The Government reports on the consultations held by the ILO 144 Tripartite Committee on matters set forth under the Convention. The Committee notes with interest that, following consultations held over this period, the Tripartite Committee agreed to recommend the ratification of the Employment Policy Convention, 1964 (No. 122), and the Occupational Safety and Health Convention, 1981 (No. 155). The Committee also recalls that ratification of the Labour Inspection Convention, 1947 (No. 81), and the Labour Administration Convention, 1978 (No. 150), was registered in August 2007. The Committee welcomes being informed of such developments and expresses its wish to be kept informed of any follow-up on the recommendation by the Tripartite Committee concerning the ratification of other ILO Conventions (Article 5(1)(c) of the Convention). The Committee also requests the Government to continue to report regularly on the tripartite consultations held further to this Convention, and would be grateful if the Government would supply copies of reports and information on any recommendations produced as a result of such tripartite consultations held on each of the matters listed in Article 5(1) of the Convention.

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Tripartite consultations required under the Convention. The Committee takes note of the information contained in the Government’s report received in August 2008 in reply to its 2007 comments. The Government reports on the consultations held by the ILO 144 Tripartite Committee on matters set forth under the Convention. The Committee notes with interest that, following consultations held over this period, the Tripartite Committee agreed to recommend the ratification of the Employment Policy Convention, 1964 (No. 122), and the Occupational Safety and Health Convention, 1981 (No. 155). The Committee also recalls that ratification of the Labour Inspection Convention, 1947 (No. 81), and the Labour Administration Convention, 1978 (No. 150), was registered in August 2007. The Committee welcomes being informed of such developments and expresses its wish to be kept informed of any follow-up on the recommendation by the Tripartite Committee concerning the ratification of other ILO Conventions (Article 5, paragraph 1(c), of the Convention). The Committee also requests the Government to continue to report regularly on the tripartite consultations held further to this Convention, and would be grateful if the Government would supply copies of reports and information on any recommendations produced as a result of such tripartite consultations held on each of the matters listed in Article 5, paragraph 1, of the Convention.

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Tripartite consultations required by the Convention. The Committee notes the comprehensive information provided by the Government in its report for the period ending in December 2006 including the annual reports of the ILO 144 Tripartite Committee. It notes with interest that, based on the 144 Tripartite Committee’s recommendation, the Cabinet agreed in September 2006 to the ratification of Conventions Nos 81 and 150. In October 2006, the 144 Tripartite Committee expressed its support for the ratification of Convention No. 122. The Committee notes with interest that the ratification of Conventions Nos 81 and 150 was registered on 17 August 2007, and would continue to welcome information on the content and the outcome of consultations held on all the matters set out in Article 5, paragraph 1, of the Convention during the period covered by the next report.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2005 direct request, which read as follows:

Tripartite consultations required by the Convention. The Committee notes with interest the detailed information provided by the Government on the consultations held monthly by the “144 Committee” which lead to various recommendations such as to specify a higher age for admission to employment which was accepted by the Cabinet and registered by the ILO in September 2004. In reply to its previous report, the Committee also notes that the Government will refer to the “144 Committee” the matter concerning the ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and the denunciation of the Recruiting of Indigenous Workers Convention, 1936 (No. 50) and the Penal Sanctions (Indigenous Workers) Convention, 1939 (No. 65), at the same time. The Committee also notes the recommendation made to the Minister of Labour to ratify the Labour Inspection Convention, 1947 (No. 81). The Committee requests the Government to keep providing information on the consultations held on all the matters set out in Article 5, paragraph 1, of the Convention during the period covered by the next report.

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Tripartite consultations required by the Convention. The Committee notes with interest the detailed information provided by the Government on the consultations held monthly by the "144 Committee" which lead to various recommendations such as to specify a higher age for admission to employment which was accepted by the Cabinet and registered by the ILO in September 2004. In reply to its previous report, the Committee also notes that the Government will refer to the "144 Committee" the matter concerning the ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and the denunciation of the Recruiting of Indigenous Workers Convention, 1936 (No. 50) and the Penal Sanctions (Indigenous Workers) Convention, 1939 (No. 65), at the same time. The Committee also notes the recommendation made to the Minister of Labour to ratify the Labour Inspection Convention, 1947 (No. 81). The Committee requests the Government to keep providing information on the consultations held on all the matters set out in Article 5, paragraph 1, of the Convention during the period covered by the next report.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2002 direct request, which read as follows:

Article 5, paragraph 1(c) and (e), of the Convention. The Committee notes that the 144 Committee has been examining a number of unratified Conventions with the aim of identifying measures to promote their ratification. It recalls that the ILO Governing Body has invited States parties to the Recruitment of Indigenous Workers Convention, 1936 (No. 50), and the Penal Sanctions (Indigenous Workers) Convention, 1939 (No. 65) - which Trinidad and Tobago has ratified and are still in force - to contemplate ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and denouncing Conventions Nos. 50 and 65 at the same time.

The Committee also recalls that, on becoming a Member of the ILO, Trinidad and Tobago undertook to continue to apply the Labour Inspectorates (Non-Metropolitan Territories) Convention, 1947 (No. 85), until it was able to ratify the Labour Inspection Convention, 1947 (No. 81).

The Committee would appreciate it if in its next report the Government would indicate if consultations were envisaged on these matters and on any progress with regard to the ratification of recent Conventions.

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The Committee notes the detailed report on the application of the Convention for the period ending in August 2001. It notes with interest the information provided by the Government on the consultations held by the "144 Committee" which meets monthly. Tripartite consultations have resulted in the approval of the ratification of Conventions Nos. 138 and 182 in 2002 (although their ratification has not yet been registered by the Office).

Article 5, paragraph 1(c) and (e) of the Convention. The Committee notes that the 144 Committee has been examining a number of unratified Conventions with the aim of identifying measures to promote their ratification. It recalls that the ILO Governing Body has invited States parties to the Recruitment of Indigenous Workers Convention, 1936 (No. 50), and the Penal Sanctions (Indigenous Workers) Convention, 1939 (No. 65) - which Trinidad and Tobago has ratified and are still in force - to contemplate ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and denouncing Conventions Nos. 50 and 65 at the same time.

The Committee also recalls that, on becoming a Member of the ILO, Trinidad and Tobago undertook to continue to apply the Labour Inspectorates (Non-Metropolitan Territories) Convention, 1947 (No. 85), until it was able to ratify the Labour Inspection Convention, 1947 (No. 81).

The Committee would appreciate it if in its next report the Government would indicate if consultations were envisaged on these matters and on any progress with regard to the ratification of recent Conventions.

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The Committee notes the Government’s second report on the application of the Convention, providing information on the meetings held in the 144 Tripartite Committee on matters relating to the ILO activities set out in Article 5, paragraph 1, of the Convention. The Committee notes in particular the indications on the consultations held, in accordance with point (c) concerning the re‑examination of unratified Conventions Nos. 100, 147 and 159 and the resulting proposals for ratification. These Conventions have since been ratified by Trinidad and Tobago. The Government also states that the Tripartite Committee has recommended the ratification of Convention No. 138.

The Committee requests the Government to continue providing detailed information in future reports on the consultations held on all the matters covered by Article 5, paragraph 1, and to indicate the nature of resulting reports or recommendations. In this respect, the Committee requests the Government to provide the ILO with any annual report which may be issued by the 144 Tripartite Committee, along the lines of the report prepared for the period June 1996 to May 1997, a copy of which was transmitted to the ILO with the Government’s first report.