Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Trinidad and Tobago (RATIFICATION: 1970)

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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.

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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.

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Article 1(1)(a) and (b) of the Convention. Legislation. Grounds of discrimination. In its previous comments, the Committee recalled that the Equal Opportunity Act covers discrimination based on sex, race, ethnicity, origin (including geographical origin), religion, marital status and disability. 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; to indicate whether origin, as provided for in the legislation, also encompasses “social origin”; as well as the reasons for the omission in the legislation of “national extraction” as one of the prohibited grounds of discrimination. It also asked the Government to provide information on the status of the Equal Opportunity (Amendment) (No. 2) Bill, 2011. The Committee notes the Government’s indication that the prohibited ground of “origin” in the Equal Opportunity Act covers more than just “geographical origin” and should be understood as covering both national extraction and social origin. Regarding the ground of colour, the Government replies that while recognizing that race and colour are not identical, race is determined by a combination of factors, including ancestry, genetics and physical traits, of which colour is one. Therefore, the Equal Opportunity Commission (EOC) is of the view that there is no basis for including colour as a separate prohibited ground of discrimination. In this regard, the Committee recalls that the grounds of colour and race should not be considered to be identical, as colour differences may exist between people of the same “race” (see General Survey on the fundamental Conventions, 2012, paragraph 762). It therefore observes that the ground of race does not provide protection from discrimination on the ground of colour in all instances. In addition, the Committee notes that the Government does not provide any information regarding the ground of “political opinion” and indicates that proposals to amend the Equal Opportunity Act are under review at the Ministry of the Attorney General and Legal Affairs. The Committee wishes to stress 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 as these grounds represent a minimum standard on which agreement was reached in 1958 (see General Survey on the fundamental Conventions, 2012, paragraphs 806 and 853). In view of the above, the Committee asks the Government, once again, to take the opportunity provided by the amendments of the Equal Opportunity Act 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”, and to provide information on the status of the amendments to the Equal Opportunity Act.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, and remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Discrimination based on sex. Sexual harassment. In its previous comments, the Committee requested the Government to take concrete measures to prevent and prohibit both quid pro quo and hostile environment sexual harassment in employment and occupation and to provide information on the findings of the national study and the awareness-raising activities carried out regarding sexual harassment in the workplace and on any progress made towards the adoption of the Employment Standards Bill. It notes the Government’s indication that during national tripartite-plus consultations in June 2018, it launched a draft National Workplace Policy on Sexual Harassment and that, once the policy document is ready, it should be transmitted to Cabinet together with a draft Sexual Harassment Bill. The Committee notes with interest that a National Workplace Policy on Sexual Harassment has been adopted in February 2019 and published on the website of the Ministry of Labour and Small Enterprise Development. The Policy defines both “quid pro quo” and “hostile environment” sexual harassment and its stated objective is to define and prevent sexual harassment in the workplace, identify and address relevant issues, and provide guidance on actions that may be taken by main stakeholders, namely victims, observers, employers, workers and the Government. The scope of the policy covers all employers, prospective employers and workers, including domestic workers, apprentices and trainees, in the public and private sectors. It also takes into account the specific situation of migrant workers. The policy identifies the current avenues for resolution, including through the Conciliation Unit, the Children’s Authority, the Occupational Safety and Health Authority, the EOC, the Industrial Court or the Civil/Criminal Court. Among the strategies identified in the policy is the enactment of specific legislation on sexual harassment, the establishment of workplace policies by each organization, training for employers and workers, and psychological support. It states that employers are required to establish an in house mechanism to minimize the risk of sexual harassment and to respond to cases of sexual harassment in the workplace; and it gives a list of matters that the mechanism must include. It also states that it is the Government’s responsibility to develop and enact legislation. Finally, the policy provides guidelines on the grievance/complaints procedure, a model complaint/incident form, and guidelines on handling complaints. Regarding the Employment Standards Bill, the Government states, as it did in its report on the Equal Remuneration Convention, 1951 (No. 100), that the Industrial Relations Advisory Committee (IRAC) submitted a policy position paper on the basic terms and conditions of work to the Minister of Labour and Small Enterprise Development in May 2018 (and a revised paper in July 2018) and that national stakeholder consultations on employment standards were held in August and September 2018. The Committee notes that no information is provided on further developments regarding the two Bills. The Committee asks the Government to provide information on the concrete steps taken to prevent and prohibit sexual harassment in employment and occupation, including in application of the newly adopted National Workplace Policy, and to provide a copy of the Employment Standards Act and Sexual Harassment Act, once they have been adopted.

Article 2. Equality of opportunity and treatment of men and women. The Committee notes the Government’s statement – in reply to its request for information on any measures taken to promote equality of opportunity and treatment between men and women, including on the status and content of the draft national policy on gender and development – that this policy, which proposes key gender-responsive reforms including the enactment of legislation to ensure equal remuneration for work of equal value, is expected to be adopted soon. The Committee asks the Government to provide information on the progress made in the adoption of the national policy on gender and development as well as on any measures taken with a view to promoting equality of opportunity and treatment between men and women. Noting that the Government recognizes the gender division of labour and women’s concentration in specific low-paying jobs in the service and care-related sector, the Committee asks the Government to continue providing statistical data on the employment of men and women and to ensure that these are disaggregated by sector and occupation.

Vocational training. Occupational segregation between men and women. In its previous comments, the Committee requested information on the 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 not traditionally employed. It notes the Government’s statement that the Non-Traditional Skills Training Programme for Women (NTSTPW) (which ran from February to July 2014) and the Women in Harmony Programme (from May to August 2016) were discontinued due to financial constraints. The Government adds that measures are 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. In this regard, the Committee recalls 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. The Committee 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 (see General Survey on the fundamental Conventions 2012, paragraphs 750 and 751). The Committee 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 under represented.

Equality of opportunity and treatment in the public service. The Committee notes that the information provided by the Government, as requested in its previous comments, on the distribution of men and women in the different parts and levels of the public sector, clearly demonstrates existing occupational segregation. Indeed, women represent 15 per cent of the staff in the fire service (and none at the higher levels, that is grade five and above); 8 per cent in the prison service (7.1 per cent at the higher levels); and 26.7 per cent in the police service (12.1 per cent at the higher levels); whereas they represent 72.3 per cent of the staff in the judicial and legal service, and 75.4 per cent in the teaching service. The Committee also notes that sex-specific terminology is used in the denomination of offices mentioned in the Schedule, Parts I–VI, of the Civil Service Regulations (for example: postman, watchman, foreman, repairman, handyman, ward or home sister, matron, maid, laundress, among others). It also notes that for airport attendant I and II a distinction is made between male airport attendant and female airport attendant. Finally, in the technical class, whereas “nurse” and “senior nurse” are mentioned without gender specification, the office of “chief nurse” is referred to as “chief male nurse”. The Committee draws the attention of the Government to the fact that it is necessary when defining different jobs and occupations to use neutral terminology to avoid perpetuating stereotypes according to which certain occupations should be held by men and others by women. Gender-neutral terminology is a prerequisite in order to ensure equality of access to all occupations and to equality of opportunity and treatment in employment and occupation. In view of the above, the Committee asks the Government to amend the Schedule, Parts I–VI, of the Civil Service Regulations in order to ensure that it contains gender-neutral terminology. The Committee also asks the Government to provide information on the distribution of men and women in the different parts and levels of the public sector.

Enforcement. Equality bodies. In its previous comments, the Committee noted that the number of complaints of discrimination in employment received by the EOC amounted to 306 in 2011, 127 in 2012 and 137 in 2013. It requested the Government to provide information on the full range of activities undertaken by the Commission in the field of non-discrimination in employment and occupation, indicating the number and nature of the complaints received and the results thereof, and the number and nature of the cases referred to the Equal Opportunity Tribunal, as well as any remedies provided or sanctions imposed. The Committee notes the information provided by the Government which shows that the number of complaints of discrimination in employment filed with the EOC continued to decline steadily, from 106 in 2014 to 75 in 2015 and 67 in 2016 (with, respectively, 56, 80, and 78 per cent of these complaints being withdrawn or giving rise to no further action). Among these complaints, seven (that is 6.6 per cent) were referred to the Equal Opportunity Tribunal in 2014, seven (9.3 per cent) in 2015, and three (4.5 per cent) in 2016. The Government gives no information about remedies provided or sanctions imposed. It adds, however, that the EOC is engaged in a number of other activities aimed at informing the public about the Equal Opportunity Act, including through collaboration with ministries and agencies, publications, education campaigns and public outreach. The Committee asks the Government to provide information on the reasons for: (i) the declining number of complaints of discrimination in employment filed with the EOC despite the promotional activities undertaken actively by the EOC; and (ii) the very limited number of cases referred to the Equal Opportunity Tribunal. It also asks the Government to continue to provide detailed information on the activities undertaken by the EOC in the field of non-discrimination in employment and occupation, and to continue to identify the number and nature of the complaints received and the results thereof, and the number and nature of the cases referred to the Equal Opportunity Tribunal, as well as any remedies provided or sanctions imposed.

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Article 1(1)(a) of the Convention. Discrimination based on sex. In a comment adopted in 2015 and repeated in 2017 and 2018, the Committee recalled that for many years, it had been expressing concern about the discriminatory nature of several provisions concerning married female police officers. It noted the Government’s indication that 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, would be put before the Police Service Commission for consideration. The Committee also recalled the potentially discriminatory impact of 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. The Committee requested the Government to take the necessary steps to revoke Regulation 52 of the Police Commission Regulations and to provide information on the measures taken to amend section 14(2) of the Civil Service Regulations to eliminate any potentially discriminatory impact. The Committee notes the Government’s indication that the request for the revocation of Regulation 52 was submitted to the Police Service Commission and is still ongoing, and that information on the amendment of section 14(2) of the Civil Service Regulations would be transmitted in a subsequent report. The Committee notes with deep concern that very little progress seems to have been made with regard to these long-standing issues. In view of the above, the Committee is bound to ask, once again, that the Government revoke Regulation 52 of the Police Commission Regulations without further delay and to amend section 14(2) of the Civil Service Regulations in order to eliminate any potentially discriminatory impact, for example by requiring notification of name changes for both men and women.

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

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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 1(1)(a) and (b) of the Convention. Legislation. Grounds of discrimination. The Committee recalls that the Equal Opportunity Act, which came into force in 2000, covers discrimination based on sex, race, ethnicity, origin (including geographical origin), religion, marital status and disability. The Committee further notes that the Equal Opportunity (Amendment) (No. 2) Bill, 2011, which provides for age and HIV status as prohibited grounds of discrimination and eliminates the condition of intent for the establishment of direct or indirect discrimination, has still not been adopted. It notes from the Government’s brief report that amendments to add age and HIV status to the prohibited grounds of discrimination under the Equal Opportunity Act are currently being reviewed by the Ministry of the Attorney-General. The Committee requests the Government to take the opportunity of any future revision of the Equal Opportunity 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. The Committee also requests the Government to indicate whether origin, as provided for in the legislation, also encompasses “social origin”, as well as the reasons for the omission in the legislation of “national extraction” as one of the prohibited grounds of discrimination. The Government is requested to provide information on the status of the adoption of the Equal Opportunity (Amendment) (No. 2) Bill, 2011.

Discrimination based on sex. Sexual harassment. The Committee recalls that there is currently no specific legislation addressing sexual harassment in employment and occupation and that the Government had previously indicated that the Employment Standards Bill, which had not yet been adopted, would address this issue. The Committee further recalls the Government’s indication that sexual harassment would be addressed by the Policy Framework for Sustainable Development and that a study on sexual harassment, as well as sensitization seminars for stakeholders, would be undertaken by the Ministry of Labour (MoL) with the assistance of the ILO. The Committee notes that the Government’s report contains no information on sexual harassment. It notes, however, that, in its national review on Beijing +20 submitted in 2014 to the United Nations Economic Commission for Latin America and the Caribbean, the Government indicates that a Steering Committee for Action against Discrimination and Sexual Harassment in the Workplace was established under the auspices of the MoL, with a view to conducting a national study on sexual harassment, as well as sensitization activities and, on the basis of their findings, developing a plan of action. The Committee requests the Government to take concrete measures to prevent and prohibit both quid pro quo and hostile environment sexual harassment in employment and occupation and to provide information on the findings of the national study and the awareness-raising activities carried out regarding sexual harassment in the workplace and on any progress made towards the adoption of the Employment Standards Bill.

Article 2. Equality of opportunity and treatment of men and women. The Committee notes the Government’s indication that work is continuing on the draft national policy for gender and development. The Committee asks the Government to provide full information on any measures taken to promote equality of opportunity and treatment between men and women, including on the status and content of the draft national policy for gender and development. The Committee asks the Government to continue providing statistical data on the employment of men and women, disaggregated by sector and occupation.

Vocational training. Occupational segregation between men and women. The Committee notes that, according to statistics from the website of the Government’s Central Statistical Office, 41.5 per cent of employed women work in the “community, social and personal services” sector. The Committee also notes from these statistics that women are scarcely employed in the occupational groups of plant and machine operators and assemblers (5.7 per cent women), agricultural, forestry and fishery workers (6.6 per cent), and craft and related workers (7.9 per cent). The Committee notes the information provided by the Government on vocational training programmes, such as the Women in Harmony Programme and the Non-Traditional Skills Training Programme for Women (NTSTPW). The Committee notes that the latter programme, in which 200 participants enrolled in 2011, seeks to increase access to employment opportunities for low-income women, improve the level of skilled labour within the country and increase women’s participation rates in the construction and industrial sectors. Noting the persistence of occupational segregation between men and women, the Committee requests the Government to provide information on the measures taken to increase women’s access to a wider range of vocational training opportunities, including within the NTSTPW, and on their impact on the employment of women in sectors and occupational groups in which they are not traditionally employed.

Equality of opportunity and treatment in the public service. The Committee once again requests the Government to provide information on the distribution of men and women in the different parts and levels of the public sector.

Enforcement. Equality bodies. The Committee notes that the number of complaints of discrimination in employment received by the Equal Opportunity Commission amounted to 306 in 2011, 127 in 2012 and 137 in 2013. The Government however indicates that, after investigation, it appears that the majority of the complaints lodged with the Commission may be better classified as an industrial relations matter (for example, wrongful dismissal, maladministration, etc.), or may reveal some inequality of treatment, but do not qualify as discrimination contrary to the Equal Opportunity Act. The Committee requests the Government to provide information on the full range of activities undertaken by the Equal Opportunity Commission in the field of non-discrimination in employment and occupation, indicating the number and nature of the complaints received and the results thereof, and the number and nature of the cases referred to the Equal Opportunity Tribunal, as well as any remedies provided or sanctions imposed.

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The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2015.

Repetition

Article 1(1)(a) of the Convention. Discrimination based on sex. For nearly 20 years, the Committee has been expressing concern about the discriminatory nature of several provisions providing that married female officers may have their employment terminated if family obligations affect the efficient performance of their duties. In this regard, the Committee welcomes the Government’s indication that Regulation 57 of the Public Service Commission Regulations was revoked in 1998 and Regulation 58 of the Statutory Authorities Service Commission Regulations was revoked in 2006. The Government also indicates that 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, will be put before the Police Service Commission for consideration. The Committee further recalls the potentially discriminatory impact of 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. The Committee requests the Government to take the necessary steps to revoke Regulation 52 of the Police Commission Regulations to eliminate this long-standing discriminatory provision, and to provide information on any progress made in this regard. The Committee also requests the Government to provide information on the measures taken to amend section 14(2) of the Civil Service Regulations to eliminate any potentially discriminatory impact, for example by requiring notification of name changes for both men and women.

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

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

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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 1(1)(a) and (b) of the Convention. Legislation. Grounds of discrimination. The Committee recalls that the Equal Opportunity Act, which came into force in 2000, covers discrimination based on sex, race, ethnicity, origin (including geographical origin), religion, marital status and disability. The Committee further notes that the Equal Opportunity (Amendment) (No. 2) Bill, 2011, which provides for age and HIV status as prohibited grounds of discrimination and eliminates the condition of intent for the establishment of direct or indirect discrimination, has still not been adopted. It notes from the Government’s brief report that amendments to add age and HIV status to the prohibited grounds of discrimination under the Equal Opportunity Act are currently being reviewed by the Ministry of the Attorney-General. The Committee requests the Government to take the opportunity of any future revision of the Equal Opportunity 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. The Committee also requests the Government to indicate whether origin, as provided for in the legislation, also encompasses “social origin”, as well as the reasons for the omission in the legislation of “national extraction” as one of the prohibited grounds of discrimination. The Government is requested to provide information on the status of the adoption of the Equal Opportunity (Amendment) (No. 2) Bill, 2011.

Discrimination based on sex. Sexual harassment. The Committee recalls that there is currently no specific legislation addressing sexual harassment in employment and occupation and that the Government had previously indicated that the Employment Standards Bill, which had not yet been adopted, would address this issue. The Committee further recalls the Government’s indication that sexual harassment would be addressed by the Policy Framework for Sustainable Development and that a study on sexual harassment, as well as sensitization seminars for stakeholders, would be undertaken by the Ministry of Labour (MoL) with the assistance of the ILO. The Committee notes that the Government’s report contains no information on sexual harassment. It notes, however, that, in its national review on Beijing +20 submitted in 2014 to the United Nations Economic Commission for Latin America and the Caribbean, the Government indicates that a Steering Committee for Action against Discrimination and Sexual Harassment in the Workplace was established under the auspices of the MoL, with a view to conducting a national study on sexual harassment, as well as sensitization activities and, on the basis of their findings, developing a plan of action. The Committee requests the Government to take concrete measures to prevent and prohibit both quid pro quo and hostile environment sexual harassment in employment and occupation and to provide information on the findings of the national study and the awareness-raising activities carried out regarding sexual harassment in the workplace and on any progress made towards the adoption of the Employment Standards Bill.

Article 2. Equality of opportunity and treatment of men and women. The Committee notes the Government’s indication that work is continuing on the draft national policy for gender and development. The Committee asks the Government to provide full information on any measures taken to promote equality of opportunity and treatment between men and women, including on the status and content of the draft national policy for gender and development. The Committee asks the Government to continue providing statistical data on the employment of men and women, disaggregated by sector and occupation.

Vocational training. Occupational segregation between men and women. The Committee notes that, according to statistics from the website of the Government’s Central Statistical Office, 41.5 per cent of employed women work in the “community, social and personal services” sector. The Committee also notes from these statistics that women are scarcely employed in the occupational groups of plant and machine operators and assemblers (5.7 per cent women), agricultural, forestry and fishery workers (6.6 per cent), and craft and related workers (7.9 per cent). The Committee notes the information provided by the Government on vocational training programmes, such as the Women in Harmony Programme and the Non-Traditional Skills Training Programme for Women (NTSTPW). The Committee notes that the latter programme, in which 200 participants enrolled in 2011, seeks to increase access to employment opportunities for low-income women, improve the level of skilled labour within the country and increase women’s participation rates in the construction and industrial sectors. Noting the persistence of occupational segregation between men and women, the Committee requests the Government to provide information on the measures taken to increase women’s access to a wider range of vocational training opportunities, including within the NTSTPW, and on their impact on the employment of women in sectors and occupational groups in which they are not traditionally employed.

Equality of opportunity and treatment in the public service. The Committee once again requests the Government to provide information on the distribution of men and women in the different parts and levels of the public sector.

Enforcement. Equality bodies. The Committee notes that the number of complaints of discrimination in employment received by the Equal Opportunity Commission amounted to 306 in 2011, 127 in 2012 and 137 in 2013. The Government however indicates that, after investigation, it appears that the majority of the complaints lodged with the Commission may be better classified as an industrial relations matter (for example, wrongful dismissal, maladministration, etc.), or may reveal some inequality of treatment, but do not qualify as discrimination contrary to the Equal Opportunity Act. The Committee requests the Government to provide information on the full range of activities undertaken by the Equal Opportunity Commission in the field of non-discrimination in employment and occupation, indicating the number and nature of the complaints received and the results thereof, and the number and nature of the cases referred to the Equal Opportunity Tribunal, as well as any remedies provided or sanctions imposed.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2015.

Repetition

Article 1(1)(a) of the Convention. Discrimination based on sex. For nearly 20 years, the Committee has been expressing concern about the discriminatory nature of several provisions providing that married female officers may have their employment terminated if family obligations affect the efficient performance of their duties. In this regard, the Committee welcomes the Government’s indication that Regulation 57 of the Public Service Commission Regulations was revoked in 1998 and Regulation 58 of the Statutory Authorities Service Commission Regulations was revoked in 2006. The Government also indicates that 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, will be put before the Police Service Commission for consideration. The Committee further recalls the potentially discriminatory impact of 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. The Committee requests the Government to take the necessary steps to revoke Regulation 52 of the Police Commission Regulations to eliminate this long-standing discriminatory provision, and to provide information on any progress made in this regard. The Committee also requests the Government to provide information on the measures taken to amend section 14(2) of the Civil Service Regulations to eliminate any potentially discriminatory impact, for example by requiring notification of name changes for both men and women.

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

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

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Article 1(1)(a) and (b) of the Convention. Legislation. Grounds of discrimination. The Committee recalls that the Equal Opportunity Act, which came into force in 2000, covers discrimination based on sex, race, ethnicity, origin (including geographical origin), religion, marital status and disability. The Committee further notes that the Equal Opportunity (Amendment) (No. 2) Bill, 2011, which provides for age and HIV status as prohibited grounds of discrimination and eliminates the condition of intent for the establishment of direct or indirect discrimination, has still not been adopted. It notes from the Government’s brief report that amendments to add age and HIV status to the prohibited grounds of discrimination under the Equal Opportunity Act are currently being reviewed by the Ministry of the Attorney-General. The Committee requests the Government to take the opportunity of any future revision of the Equal Opportunity 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. The Committee also requests the Government to indicate whether origin, as provided for in the legislation, also encompasses “social origin”, as well as the reasons for the omission in the legislation of “national extraction” as one of the prohibited grounds of discrimination. The Government is requested to provide information on the status of the adoption of the Equal Opportunity (Amendment) (No. 2) Bill, 2011.

Discrimination based on sex. Sexual harassment. The Committee recalls that there is currently no specific legislation addressing sexual harassment in employment and occupation and that the Government had previously indicated that the Employment Standards Bill, which had not yet been adopted, would address this issue. The Committee further recalls the Government’s indication that sexual harassment would be addressed by the Policy Framework for Sustainable Development and that a study on sexual harassment, as well as sensitization seminars for stakeholders, would be undertaken by the Ministry of Labour (MoL) with the assistance of the ILO. The Committee notes that the Government’s report contains no information on sexual harassment. It notes, however, that, in its national review on Beijing +20 submitted in 2014 to the United Nations Economic Commission for Latin America and the Caribbean, the Government indicates that a Steering Committee for Action against Discrimination and Sexual Harassment in the Workplace was established under the auspices of the MoL, with a view to conducting a national study on sexual harassment, as well as sensitization activities and, on the basis of their findings, developing a plan of action. The Committee requests the Government to take concrete measures to prevent and prohibit both quid pro quo and hostile environment sexual harassment in employment and occupation and to provide information on the findings of the national study and the awareness-raising activities carried out regarding sexual harassment in the workplace and on any progress made towards the adoption of the Employment Standards Bill.

Article 2. Equality of opportunity and treatment of men and women. The Committee notes the Government’s indication that work is continuing on the draft national policy for gender and development. The Committee asks the Government to provide full information on any measures taken to promote equality of opportunity and treatment between men and women, including on the status and content of the draft national policy for gender and development. The Committee asks the Government to continue providing statistical data on the employment of men and women, disaggregated by sector and occupation.

Vocational training. Occupational segregation between men and women. The Committee notes that, according to statistics from the website of the Government’s Central Statistical Office, 41.5 per cent of employed women work in the “community, social and personal services” sector. The Committee also notes from these statistics that women are scarcely employed in the occupational groups of plant and machine operators and assemblers (5.7 per cent women), agricultural, forestry and fishery workers (6.6 per cent), and craft and related workers (7.9 per cent). The Committee notes the information provided by the Government on vocational training programmes, such as the Women in Harmony Programme and the Non-Traditional Skills Training Programme for Women (NTSTPW). The Committee notes that the latter programme, in which 200 participants enrolled in 2011, seeks to increase access to employment opportunities for low-income women, improve the level of skilled labour within the country and increase women’s participation rates in the construction and industrial sectors. Noting the persistence of occupational segregation between men and women, the Committee requests the Government to provide information on the measures taken to increase women’s access to a wider range of vocational training opportunities, including within the NTSTPW, and on their impact on the employment of women in sectors and occupational groups in which they are not traditionally employed.

Equality of opportunity and treatment in the public service. The Committee once again requests the Government to provide information on the distribution of men and women in the different parts and levels of the public sector.

Enforcement. Equality bodies. The Committee notes that the number of complaints of discrimination in employment received by the Equal Opportunity Commission amounted to 306 in 2011, 127 in 2012 and 137 in 2013. The Government however indicates that, after investigation, it appears that the majority of the complaints lodged with the Commission may be better classified as an industrial relations matter (for example, wrongful dismissal, maladministration, etc.), or may reveal some inequality of treatment, but do not qualify as discrimination contrary to the Equal Opportunity Act. The Committee requests the Government to provide information on the full range of activities undertaken by the Equal Opportunity Commission in the field of non-discrimination in employment and occupation, indicating the number and nature of the complaints received and the results thereof, and the number and nature of the cases referred to the Equal Opportunity Tribunal, as well as any remedies provided or sanctions imposed.

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Article 1(1)(a) of the Convention. Discrimination based on sex. For nearly 20 years, the Committee has been expressing concern about the discriminatory nature of several provisions providing that married female officers may have their employment terminated if family obligations affect the efficient performance of their duties. In this regard, the Committee welcomes the Government’s indication that Regulation 57 of the Public Service Commission Regulations was revoked in 1998 and Regulation 58 of the Statutory Authorities Service Commission Regulations was revoked in 2006. The Government also indicates that 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, will be put before the Police Service Commission for consideration. The Committee further recalls the potentially discriminatory impact of 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. The Committee requests the Government to take the necessary steps to revoke Regulation 52 of the Police Commission Regulations to eliminate this long-standing discriminatory provision, and to provide information on any progress made in this regard. The Committee also requests the Government to provide information on the measures taken to amend section 14(2) of the Civil Service Regulations to eliminate any potentially discriminatory impact, for example by requiring notification of name changes for both men and women.

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

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Sexual harassment. The Committee notes that the Government indicates that there have been no further developments with respect to the adoption of the Employment Standards Bill. The Government further indicates that sexual harassment in the workplace will be addressed in the framework of the Government’s Policy Framework for Sustainable Development and that, as a first step, the Ministry of Labour intends to undertake a study on discrimination and sexual harassment in the workplace and conduct sensitization seminars for stakeholders for which they will request the assistance of the ILO. The Committee requests the Government to continue to provide information on any development concerning the adoption of the Employment Standards Bill, as well as on the implementation of the Government’s Policy Framework for Sustainable Development with respect to discrimination and sexual harassment.

Equality of opportunity and treatment of men and women. Concerning the measures taken to promote and ensure equality, the Committee notes that the Government refers to: (1) the promotion of a task force to ensure that proper criteria are met for upward mobility of both men and women in the Trinidad and Tobago police service; (2) measures to encourage the participation of women in vocational training programmes on activities that are traditionally undertaken by men; and (3) measures to train women in practical on-farm aspects of agriculture in the framework of the Youth Apprenticeship Programme in Agriculture. The Government also refers to specific legal provisions related to sexual offences; minimum wages, unwaged work and maternity protection that promote equality. Moreover, the Government provides statistical information on the employment of men and women in the public sector. The Government further indicates that the Minister of Gender, Youth Affairs and Child Development is currently working to finalize the draft Gender Policy and Action Plan. The Committee requests the Government to continue to provide information on the measures taken to promote equality of opportunity and treatment between men and women, including statistical information on the employment situation of men and women and a copy of the National Gender Policy and Action Plan as soon as they are adopted.

Vocational training. The Committee notes that the Government has implemented a series of training, financing and employment programmes that create job opportunities for women. The training programmes focus mainly on the training of women in non-traditional skills to allow them to negotiate better wages and higher levels of employment. The Financial Assistance Programmes assist women who wish to engage in business activities and the employment programmes target unemployed persons of 18 years and more. This programme provides temporary employment and training to qualify women for sustainable work. The Committee requests the Government to continue to provide detailed information on the different vocational training programmes, their impact on the promotion of equality and the number of persons that have benefitted from them.

Prohibition of women performing certain jobs. In its previous comment, the Committee requested the Government to indicate if there were any protective measures that excluded women from certain types of employment. The Committee notes the Government’s indication that section 6(9)-(13) of the Occupational Safety and Health Act excludes pregnant women from work that endangers the health and safety of the mother and the unborn child.

Public service. The Committee notes the statistical information concerning men and women employed in the public service. Noting that no further information is provided on the matter, the Committee requests the Government to provide information on the distribution of men and women in the different parts and levels of the public sector and to indicate how the access of minorities to the public service is monitored.

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Legislation. Equal Opportunity Commission. The Committee notes the information provided by the Government concerning the functioning of the Equal Opportunity Commission established by section 26(1) of the Equal Opportunity Act, 2000, which commenced operation in April 2008 with the appointment of the first commissioners. The Commission is divided into six units. Its legal officers were appointed in October 2009 and the investigative officers in January 2010. From April 2008 to August 2011, it received 503 complaints, 380 of which have been resolved and completed, 19 are currently being conciliated or mediated and 24 are waiting to be filed at the Equal Opportunity Tribunal. Eighty complaints are currently being investigated. The Commission has also held panel discussions on the promotion of equality with a special focus on employment, disability and gender. The Committee further notes that the Commission has suggested some amendments to the Equal Opportunity Act, 2000, and that the Equal Opportunity (Amendment) (No. 2) Bill, 2011, has been drafted which has been reviewed by the Law Review Commission and is currently due to be debated in Parliament before the end of 2011. The Committee notes that the Bill includes age and HIV/AIDS status as prohibited grounds of discrimination and eliminates the condition of intention for the establishment of direct or indirect discrimination. The Committee requests the Government to continue to provide information on any developments concerning the adoption of the Equal Opportunity (Amendment) (No. 2) Bill, 2011, as well as on the activities undertaken by the Equal Opportunity Commission, including the complaints dealt with, and those referred to the Equal Opportunity Tribunal.

Discrimination based on sex. The Committee recalls its long-standing comments expressing concern about the discriminatory nature of the provisions of several government regulations, which provide that married female officers may have their employment terminated if family obligations affect their efficient performance of duties (section 57 of the Public Service Commission Regulations; section 52 of the Police Commission Regulations; and section 58 of the Statutory Authorities’ Service Commission Regulation). It also noted that a female officer who marries must report the fact of her marriage to the Public Service Commission (section 14(2) of the Civil Service Regulations). With respect to section 14(2) of the Civil Service Regulations, the Committee had taken note of the Government’s view that this provision is not considered discriminatory in Trinidad and Tobago, as it is an administrative matter related to the practice of women changing their names upon marriage. The Committee had also noted the Government’s indication that steps were being taken so as to amend the Civil Service Regulations to require notification of name change of both men and women. Noting that the Government’s report does not refer to this issue and given the serious nature of the matter, the Committee urges the Government once again to take the necessary action to bring the regulations concerned into conformity with the Convention, and to indicate in its next report the specific steps taken, the progress made and any difficulties encountered in this regard.

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

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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 previous direct request, which read as follows:

Sexual harassment. The Committee notes from the Government’s report that the Basic Conditions of Work Bill has been replaced by the Employment Standards Bill and that this Bill will address the issue of sexual harassment in the workplace. The Committee asks the Government to provide the text of Employment Standards Act as soon as it is adopted.

Equality of opportunity and treatment of men and women. The Committee notes the Government’s statement that the disparity between the unemployment rates of men and women was because women continue to shoulder greater family and household responsibilities. The Committee considers that this may be an explanation for women’s lower labour force participation rate rather than for their high level of unemployment, as compared to men. According to statistical data compiled by the ILO for 2005, the unemployment rate for men was 5.8 per cent compared with 11 per cent for women. The Committee notes from the report that a number of measures are being taken to promote women’s access to the labour market, including through providing childcare services, breastfeeding facilities, and enterprise policies that facilitate workers with family responsibilities. The Committee also notes that the National Gender Policy and Action Plan is still under preparation. The Committee requests the Government to provide the following:

(a)   detailed information on the measures taken to promote and ensure equality of opportunity and treatment of men and women in employment and occupation, including information on the results achieved by such action;

(b)   statistical information on the employment situation of men and women;

(c)    a copy of the National Gender Policy and Action Plan as soon as they are adopted;

(d)   information on the progress made in promoting and providing vocational training to women, including in non-traditional occupations, and the measures taken to ensure that such training leads to employment;

(e)    information on any cases of discrimination based on sex addressed by the competent authorities.

Prohibition of women performing certain jobs. In its previous comments the Committee had noted the enactment of the Occupational Safety and Health Act No. 1 of 2004, which in section 98 repeals the Factories Ordinance, 1948, and the Employment of Women (Night Work) Act, both of which contained provisions excluding women from certain jobs. As section 98(2) of the Act provides that any regulations, orders or statutory instruments made under the Factories Ordinance shall continue to be in force, the Committee had asked the Government to indicate if there are any other protective measures still in effect excluding women from certain types of employment. Noting the Government’s indication that a reply will be provided at a later date, the Committee requests the Government to provide the information requested in its next report.

Public service. The Committee notes from the Government’s report that various measures have been taken to increase the transparency in the process of recruitment for employment in the public service. Noting that the Government is collecting data concerning recruitment and appointment in the public service, disaggregated by sex, the Committee requests the Government to provide statistical information on the distribution of men and women in the different parts of the civil service, at all levels. The Committee also asks the Government to indicate how the access of minorities to the public service is being monitored, given that no information on recruitment and appointments based on ethnicity is being collected.

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

Legislation. The Committee recalls that the Equal Opportunity Act which set up an Equal Opportunity Commission and an Equal Opportunities Tribunal was declared unconstitutional by the High Court of Trinidad and Tobago in May 2004. In its report, the Government indicates that the decision of the High Court was appealed and that the Court of Appeal delivered its judgement on 26 January 2006, upholding the decision of the High Court. A further appeal was made to the Privy Council (No. 84 of 2006) which delivered its judgement on 15 October 2007. The Privy Council overturned the decision of the Court of Appeal, ruling that the creation of the Equal Opportunity Tribunal by the Act is not unconstitutional. The Committee notes that the members of the Equal Opportunity Commission were appointed in April 2008 and that the Government is preparing for the setting up of the Equal Opportunity Tribunal. The Committee requests the Government to continue to provide information on further developments with regard to the establishment and functioning of the Equal Opportunity Commission and Tribunal, and the implementation and enforcement of the Equal Opportunity Act.

The Committee recalls its longstanding comments expressing concern about the discriminatory nature of the provisions of several government regulations, which provide that married female officers may have their employment terminated if family obligations affect their efficient performance of duties (section 57 of the Public Service Commission Regulations; section 52 of the Police Commission Regulations; and section 58 of the Statutory Authorities’ Service Commission Regulation). It also noted that a female officer who marries must report the fact of her marriage to the Public Service Commission (section 14(2) of the Civil Service Regulations). With respect to section 14(2) of the Civil Service Regulations, the Committee had taken note of the Government’s view that this provision is not considered discriminatory in Trinidad and Tobago, as it is an administrative matter related to the practice of women changing their names upon marriage. However, in order to avoid the potential discriminatory impact of such a provision on women, the Committee had suggested that the Civil Service Regulations be amended to require notification of name change of both men and women. The Committee notes the Government’s statement that steps are being taken to have the relevant regulations amended in accordance with the Committee’s comments. Noting the statement of the Government and given the serious nature of the matter, the Committee urges the Government to take the necessary action to bring the regulations concerned into conformity with the Convention, and to indicate in its next report the specific steps taken, the  progress, if any, made or any difficulties encountered in this regard.

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

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

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Sexual harassment. The Committee notes from the Government’s report that the Basic Conditions of Work Bill has been replaced by the Employment Standards Bill and that this Bill will address the issue of sexual harassment in the workplace. The Committee asks the Government to provide the text of Employment Standards Act as soon as it is adopted.

Equality of opportunity and treatment of men and women. The Committee notes the Government’s statement that the disparity between the unemployment rates of men and women was because women continue to shoulder greater family and household responsibilities. The Committee considers that this may be an explanation for women’s lower labour force participation rate rather than for their high level of unemployment, as compared to men. According to statistical data compiled by the ILO for 2005, the unemployment rate for men was 5.8 per cent compared with 11 per cent for women. The Committee notes from the report that a number of measures are being taken to promote women’s access to the labour market, including through providing childcare services, breastfeeding facilities, and enterprise policies that facilitate workers with family responsibilities. The Committee also notes that the National Gender Policy and Action Plan is still under preparation. The Committee requests the Government to provide the following:

(a)   detailed information on the measures taken to promote and ensure equality of opportunity and treatment of men and women in employment and occupation, including information on the results achieved by such action;

(b)   statistical information on the employment situation of men and women;

(c)   a copy of the National Gender Policy and Action Plan as soon as they are adopted;

(d)   information on the progress made in promoting and providing vocational training to women, including in non-traditional occupations, and the measures taken to ensure that such training leads to employment;

(e)   information on any cases of discrimination based on sex addressed by the competent authorities.

Prohibition of women performing certain jobs. In its previous comments the Committee had noted the enactment of the Occupational Safety and Health Act No. 1 of 2004, which in section 98 repeals the Factories Ordinance, 1948, and the Employment of Women (Night Work) Act, both of which contained provisions excluding women from certain jobs. As section 98(2) of the Act provides that any regulations, orders or statutory instruments made under the Factories Ordinance shall continue to be in force, the Committee had asked the Government to indicate if there are any other protective measures still in effect excluding women from certain types of employment. Noting the Government’s indication that a reply will be provided at a later date, the Committee requests the Government to provide the information requested in its next report.

Public service. The Committee notes from the Government’s report that various measures have been taken to increase the transparency in the process of recruitment for employment in the public service. Noting that the Government is collecting data concerning recruitment and appointment in the public service, disaggregated by sex, the Committee requests the Government to provide statistical information on the distribution of men and women in the different parts of the civil service, at all levels. The Committee also asks the Government to indicate how the access of minorities to the public service is being monitored, given that no information on recruitment and appointments based on ethnicity is being collected.

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Legislation. The Committee recalls that the Equal Opportunity Act which set up an Equal Opportunity Commission and an Equal Opportunities Tribunal was declared unconstitutional by the High Court of Trinidad and Tobago in May 2004. In its report, the Government indicates that the decision of the High Court was appealed and that the Court of Appeal delivered its judgement on 26 January 2006, upholding the decision of the High Court. A further appeal was made to the Privy Council (No. 84 of 2006) which delivered its judgement on 15 October 2007. The Privy Council overturned the decision of the Court of Appeal, ruling that the creation of the Equal Opportunity Tribunal by the Act is not unconstitutional. The Committee notes that the members of the Equal Opportunity Commission were appointed in April 2008 and that the Government is preparing for the setting up of the Equal Opportunity Tribunal. The Committee requests the Government to continue to provide information on further developments with regard to the establishment and functioning of the Equal Opportunity Commission and Tribunal, and the implementation and enforcement of the Equal Opportunity Act.

The Committee recalls its longstanding comments expressing concern about the discriminatory nature of the provisions of several government regulations, which provide that married female officers may have their employment terminated if family obligations affect their efficient performance of duties (section 57 of the Public Service Commission Regulations; section 52 of the Police Commission Regulations; and section 58 of the Statutory Authorities’ Service Commission Regulation). It also noted that a female officer who marries must report the fact of her marriage to the Public Service Commission (section 14(2) of the Civil Service Regulations). With respect to section 14(2) of the Civil Service Regulations, the Committee had taken note of the Government’s view that this provision is not considered discriminatory in Trinidad and Tobago, as it is an administrative matter related to the practice of women changing their names upon marriage. However, in order to avoid the potential discriminatory impact of such a provision on women, the Committee had suggested that the Civil Service Regulations be amended to require notification of name change of both men and women. The Committee notes the Government’s statement that steps are being taken to have the relevant regulations amended in accordance with the Committee’s comments. Noting the statement of the Government and given the serious nature of the matter, the Committee urges the Government to take the necessary action to bring the regulations concerned into conformity with the Convention, and to indicate in its next report the specific steps taken, the  progress, if any, made or any difficulties encountered in this regard.

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

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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 previous direct request, which read as follows:

1. Article 1(1)(a) of the Convention. Sexual Harassment. The Committee notes the absence of a legal provision prohibiting sexual harassment. The Committee also notes the Government’s statement that the draft Basic Conditions of Work Bill 2000, which would have prohibited sexual harassment by the employer or a fellow employee during the course of employment or at any workplace, has been withdrawn. It requests the Government to provide information on any other measures, including legislation, taken or envisaged to prevent and prohibit sexual harassment in employment and occupation.

2. Article 2. Equality of opportunity and treatment of men and women. The Committee notes from the statistical information attached to the Government’s report that significant disparities between the employment situation of men and women persist. The female unemployment rate, though progressively dropping since 1998, was still at 12.5 per cent in 2004, whereas that of men was at 4.4 per cent. The Committee also notes that women with primary, secondary and tertiary level training continue to experience higher levels of unemployment when compared to men of similar levels of training. The Committee requests the Government to explain the reasons for these significant differences and to supply in its next report information on measures taken or envisaged, including by the National Employment Service, to promote equal access of women to employment and occupation. In this regard, the Committee notes from the Government’s report on Convention No. 100 that it is currently developing, in a participatory approach, a Gender Policy which will address the employment situation of men and women, including inequalities in pay, recruitment, promotion and access to opportunities such as training. The Committee asks the Government to keep it informed about any developments in this regard and to provide a copy of the Gender Policy when adopted. Please also continue to provide statistical information, disaggregated by sex, on the employment situation of men and women and include figures disaggregated by ethnicity, when available.

3. Promotion of equality of opportunity and treatment of women and ethnic minorities. Recalling its previous comments on the initiatives taken by the Police Service Commission, the Department of Personnel Administration and its Policy and Research Unit to promote equal access of women and ethnic minorities to employment in all areas of the civil service, including justices, the Committee notes the Government’s statement that the requested information will be forwarded to the Office as soon as it is available. The Committee hopes that the Government will include information, including statistical data, on the impact of the aforementioned initiatives on the employment opportunities of women and ethnic minorities.

4. Article 3(e). Vocational training. With respect to the promotion of women’s participation in non-traditional vocational training branches, the Committee notes the programmes undertaken by the Government. It notes the Women in Harmony Project which offers low income or household women training in agriculture, landscaping, growbox technology and elderly care, as well as the non-traditional skills training for women, which trains women in masonry, bricklaying and tile laying, air conditioning and refrigeration, plumbing and upholstery and technical fields. The Committee asks the Government to continue to provide information, including statistical data, on the progress made in promoting and providing vocational training in non-traditional branches to women, and the measures taken to ensure that such training leads to employment.

5. Article 5. Prohibition of women performing certain jobs. The Committee notes with interest the enactment of the Occupational Safety and Health Act No. 1 of 2004, which in section 98 repeals the Factories Ordinance, 1948 and the Employment of Women (Night Work) Act, which contained provisions excluding women from certain jobs. Noting that section 98(2) provides that any regulations, orders or statutory instruments made under the Factories Ordinance shall continue to be in force, the Committee asks the Government to indicate in its next report if there are any other protective measures still in effect excluding women from certain types of employment.

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

The Committee notes the communication from the Employers’ Consultative Association (ECA) of Trinidad and Tobago of 12 August 2005, which has been sent to the Government for its comments thereon.

1. Article 1 of the Convention. Application in law. The Committee notes the Government’s confirmation that the Equal Opportunity Act was declared unconstitutional by the High Court of Trinidad and Tobago on 10 May 2004 and that an appeal was subsequently filed against this decision. Owing to this, the Equal Opportunity Commission remains at present inoperable. The Committee notes further the statement by the ECA that a review of the law is being undertaken. The Committee asks the Government to keep it informed about the appeal of the High Court decision and any new developments with respect to the status of the Equal Opportunity Act, or any other legislation adopted relating to equality of opportunity and treatment in employment and occupation.

2. For over 15 years the Committee has expressed its concern about the discriminatory nature of provisions of several government regulations, which provide that married female officers may have their employment terminated if family obligations affect their efficient performance of duties (section 57 of the Public Service Commission Regulations; section 52 of the Police Commission Regulations; and section 58 of the Statutory Authorities’ Service Commission Regulation). It also noted that a female officer who marries must report the fact of her marriage to the Public Service Commission (section 14(2) of the Civil Service Regulations). With respect to section 14(2) of the Civil Service Regulations, the Committee had taken note of the Government’s view that this provision is not considered discriminatory in Trinidad and Tobago, as it is an administrative matter related to the practice of women changing their names upon marriage. However, in order to avoid the potential discriminatory impact of such a provision on women, the Committee had suggested that the Civil Service Regulations be amended to require notification of name change of both men and women. The Committee regrets that, despite the fact that the Government has repeated for many years that measures had been taken to repeal and amend the discriminatory provisions of the various Regulations noted above, no such action has yet been undertaken. It is, therefore, bound to recall that under Article 3(c) of the Convention, every Member must, by methods appropriate to national conditions and practice, repeal any statutory provisions and modify any administrative instructions or practices that are inconsistent with the policy designed to promote equality of opportunity and treatment in respect of employment and occupation. The Committee urges the Government to take serious action to bring the aforementioned legal provisions into conformity with the Convention and to submit copies of the revised legislation as soon as adopted.

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

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

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1. Article 1(1)(a) of the Convention. Sexual Harassment. The Committee notes the absence of a legal provision prohibiting sexual harassment. The Committee also notes the Government’s statement that the draft Basic Conditions of Work Bill 2000, which would have prohibited sexual harassment by the employer or a fellow employee during the course of employment or at any workplace, has been withdrawn. It requests the Government to provide information on any other measures, including legislation, taken or envisaged to prevent and prohibit sexual harassment in employment and occupation.

2. Article 2. Equality of opportunity and treatment of men and women. The Committee notes from the statistical information attached to the Government’s report that significant disparities between the employment situation of men and women persist. The female unemployment rate, though progressively dropping since 1998, was still at 12.5 per cent in 2004, whereas that of men was at 4.4 per cent. The Committee also notes that women with primary, secondary and tertiary level training continue to experience higher levels of unemployment when compared to men of similar levels of training. The Committee requests the Government to explain the reasons for these significant differences and to supply in its next report information on measures taken or envisaged, including by the National Employment Service, to promote equal access of women to employment and occupation. In this regard, the Committee notes from the Government’s report on Convention No. 100 that it is currently developing, in a participatory approach, a Gender Policy which will address the employment situation of men and women, including inequalities in pay, recruitment, promotion and access to opportunities such as training. The Committee asks the Government to keep it informed about any developments in this regard and to provide a copy of the Gender Policy when adopted. Please also continue to provide statistical information, disaggregated by sex, on the employment situation of men and women and include figures disaggregated by ethnicity, when available.

3. Promotion of equality of opportunity and treatment of women and ethnic minorities. Recalling its previous comments on the initiatives taken by the Police Service Commission, the Department of Personnel Administration and its Policy and Research Unit to promote equal access of women and ethnic minorities to employment in all areas of the civil service, including justices, the Committee notes the Government’s statement that the requested information will be forwarded to the Office as soon as it is available. The Committee hopes that the Government will include information, including statistical data, on the impact of the aforementioned initiatives on the employment opportunities of women and ethnic minorities.

4. Article 3(e). Vocational training. With respect to the promotion of women’s participation in non-traditional vocational training branches, the Committee notes the programmes undertaken by the Government. It notes the Women in Harmony Project which offers low income or household women training in agriculture, landscaping, growbox technology and elderly care, as well as the non-traditional skills training for women, which trains women in masonry, bricklaying and tile laying, air conditioning and refrigeration, plumbing and upholstery and technical fields. The Committee asks the Government to continue to provide information, including statistical data, on the progress made in promoting and providing vocational training in non-traditional branches to women, and the measures taken to ensure that such training leads to employment.

5. Article 5. Prohibition of women performing certain jobs. The Committee notes with interest the enactment of the Occupational Safety and Health Act No. 1 of 2004, which in section 98 repeals the Factories Ordinance, 1948 and the Employment of Women (Night Work) Act, which contained provisions excluding women from certain jobs.

Noting that section 98(2) provides that any regulations, orders or statutory instruments made under the Factories Ordinance shall continue to be in force, the Committee asks the Government to indicate in its next report if there are any other protective measures still in effect excluding women from certain types of employment.

CMNT_TITLE

The Committee notes the Government’s report and the attached statistical information. It also notes the communication from the Employers’ Consultative Association (ECA) of Trinidad and Tobago of 12 August 2005, which has been sent to the Government for its comments thereon.

1. Article 1 of the Convention. Application in law. The Committee notes the Government’s confirmation that the Equal Opportunity Act was declared unconstitutional by the High Court of Trinidad and Tobago on 10 May 2004 and that an appeal was subsequently filed against this decision. Owing to this, the Equal Opportunity Commission remains at present inoperable. The Committee notes further the statement by the ECA that a review of the law is being undertaken. The Committee asks the Government to keep it informed about the appeal of the High Court decision and any new developments with respect to the status of the Equal Opportunity Act, or any other legislation adopted relating to equality of opportunity and treatment in employment and occupation.

2. For over 15 years the Committee has expressed its concern about the discriminatory nature of provisions of several government regulations, which provide that married female officers may have their employment terminated if family obligations affect their efficient performance of duties (section 57 of the Public Service Commission Regulations; section 52 of the Police Commission Regulations; and section 58 of the Statutory Authorities’ Service Commission Regulation). It also noted that a female officer who marries must report the fact of her marriage to the Public Service Commission (section 14(2) of the Civil Service Regulations). With respect to section 14(2) of the Civil Service Regulations, the Committee had taken note of the Government’s view that this provision is not considered discriminatory in Trinidad and Tobago, as it is an administrative matter related to the practice of women changing their names upon marriage. However, in order to avoid the potential discriminatory impact of such a provision on women, the Committee had suggested that the Civil Service Regulations be amended to require notification of name change of both men and women. The Committee regrets that, despite the fact that the Government has repeated for many years that measures had been taken to repeal and amend the discriminatory provisions of the various Regulations noted above, no such action has yet been undertaken. It is, therefore, bound to recall that under Article 3(c) of the Convention, every Member must, by methods appropriate to national conditions and practice, repeal any statutory provisions and modify any administrative instructions or practices that are inconsistent with the policy designed to promote equality of opportunity and treatment in respect of employment and occupation. The Committee urges the Government to take serious action to bring the aforementioned legal provisions into conformity with the Convention and to submit copies of the revised legislation as soon as adopted.

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

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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 relevant points raised in its previous direct request, the relevant parts of which read as follows:

[…]

3. With respect to women’s participation in the labour market, the Committee notes that the unemployment rates of both men and women have decreased approximately at the same rate since 1995. The Committee also notes however, that the difference between the unemployment rates for the two sexes did not diminish, remaining at 10.9 per cent for men and 16.7 per cent for women in 1999. The Committee further notes that women who have attained primary, secondary and tertiary-level training were found to experience higher levels of unemployment when compared to men of similar levels of training. The Government is asked to continue to provide information on measures taken to promote equal access of women to employment and occupation. The Committee also invites the Government to submit statistical information as regards the labour market participation according to ethnicity as well as sex, if available.

4. The Committee notes the information provided by the Government in response to its previous comments regarding the status of the implementation of the recommendations contained in the survey entitled "Ethnicity and employment practices" of the Centre for Ethnic Studies of the University of the West Indies. The Committee notes in particular that the Police Service Commission decided that interview panels for the recruitment of police constables should be racially balanced and that the Commission will soon consider whether it wishes to have placed before it data on ethnicity and gender as regards qualified applicants so as to determine the composition of the selection panels. The Committee also notes that the Department of Personnel Administration has set up a Human Resource Information System (HRIS) to provide a wide range of applications, in particular equal opportunity monitoring, and that the Policy and Research Unit of the Department is presently developing standard operating procedures that would allow for the capture of data on ethnicity and gender for the Commissions’ information. The Committee requests the Government to continue to provide information on the abovementioned initiatives and any other measures taken or envisaged to promote equal access of women and ethnic minorities to employment in all areas of the civil service, including justices. Noting from the information submitted by the Government that there is a pattern of female under-representation in leadership and decision-making positions in the private sector, the Government is also invited to provide information on measures developed and implemented to promote women into such positions in the private sector.

5. In respect to vocational training, the Committee notes that enrolment of men and women in the various areas of instruction in vocational schools and the youth training and employment partnership programme occur largely along traditional lines. The Committee also notes that the Government pursued programmes to train women in masonry, plumbing, technical drawing, construction, carpentry and electric installation since 1998 and the establishment of 31 lifelong learning centres for adult education, which is expected to improve literacy skills of women and to enhance their potential in respect to economic productivity. The Committee requests the Government to continue to provide information on the progress made in promoting and providing non-traditional training for women and the measures taken to ensure that such training leads to employment.

6. The Committee refers to its previous comments concerning the discriminatory nature of provisions of several government regulations, which provide that married female officers may have their employment terminated if family obligations affect their efficient performance of duties (section 57 of the Public Service Commission Regulations; section 52 of the Police Commission Regulations; and section 58 of the Statutory Authorities’ Service Commission Regulation) and that a female officer who marries must report the fact of her marriage to the Public Service Commission (section 14(2) of the Civil Service Regulations). The Committee notes that the review process of the regulations concerned is still ongoing, and that section 57 of the Public Service Commission and section 52 of the Police Commission Regulation are not included in the newly revised draft regulations. With respect to section 14(2) of the Civil Service Regulation, the Committee notes the Government’s view that this provision is not considered discriminatory in Trinidad and Tobago, as it is an administrative matter related to the practice of women changing their names upon marriage. The Government indicates that nevertheless the issue is still subject to consideration. Given the stated intent of section 14(2), the Committee recommends that the Regulation be amended to require notification of name change and in that way avoid the potential discriminatory impact of such a provision on women. The Committee hopes that the Government will be able to report progress made in repealing the abovementioned provisions and to submit copies of the revised regulations concerned as soon as adopted.

7. The Committee notes from the Government’s first report under the international Convention on the elimination of discrimination against women that the Basic Conditions of Work Bill, 2000, will, when enacted, prohibit sexual harassment by the employer or a fellow employee during the course of employment or at any workplace. The Committee also notes the introduction to Parliament of Occupational Safety and Health Bill (No. 2) of 1999 which will repeal the Employment of Women (Night Work) Act and the Factories Ordinance, 1948, which contain provisions excluding women from certain jobs. The Committee asks the Government to provide information on the status of these two Bills.

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The Committee notes that the Government’s report has not been received. It also regrets that the Equal Opportunities Act, 2000, was declared unconstitutional by the High Court of Justice, in its judgement of 10 May 2004 (H.C.A 1526/2003), for reasons relating among others to the establishment and functioning of the enforcement bodies set up under the Act. Recalling that it had welcomed the adoption of the Act which for the first time provided legislative protection from discrimination in employment and occupation, the Committee hopes that the Government will make every effort to draw up new anti-discrimination legislation applying the Convention. Please indicate any measures taken in this regard.

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

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The Committee notes the information provided in the Government’s report, and the accompanying documentation.

1. The Committee notes that the Equal Opportunity Commission established under the Equal Opportunity Act 2000, among other points, has the mandate to develop, conduct, and foster research and educational programmes and other programmes for the purpose of eliminating discrimination and promoting equality of opportunity. The Commission shall also receive, investigate and, as far as possible, conciliate allegations of discrimination. Where conciliation is not successful, the Commission can initiate proceedings before the Equal Opportunity Tribunal, which has jurisdiction to make such declarations, order and awards of compensation as it thinks fit. The Committee also notes that the Commission is to submit yearly reports, which are being brought before Parliament through the Minister responsible for equal opportunity. The Committee requests the Government to submit in its next report information on the work and functioning of the Commission and the Tribunal, including a copy of the Commissions’ yearly report.

2. The Committee notes that section 11(1) of the Equal Opportunities Act provides that the prohibition of discrimination on the basis of sex in recruitment (section 8) and employment (section 9) shall not apply in cases where being of a particular sex is a genuine occupational qualification for employment, promotion, transfer or training. "Without limiting the generality of subsection (1)", a list of particular kinds of employment where being of a particular sex is considered a genuine occupational qualification is contained in subsection (2). Recalling that Article 1(2) of the Convention provides that any distinction, exclusion or preference shall not be considered discrimination under the condition that it relates to a particular job based on the inherent requirement thereof, the Committee requests the Government to confirm that the list of cases contained in section 11(2) is exhaustive and that no further exceptions are meant to be covered by section 11(1). The Committee also requests the Government to provide information on the meaning of section 11(2)(e), by giving concrete examples.

3. With respect to women’s participation in the labour market, the Committee notes that the unemployment rates of both men and women have decreased approximately at the same rate since 1995. The Committee also notes however, that the difference between the unemployment rates for the two sexes did not diminish, remaining at 10.9 per cent for men and 16.7 per cent for women in 1999. The Committee further notes that women who have attained primary, secondary and tertiary-level training were found to experience higher levels of unemployment when compared to men of similar levels of training. The Government is asked to continue to provide information on measures taken to promote equal access of women to employment and occupation. The Committee also invites the Government to submit statistical information as regards the labour market participation according to ethnicity as well as sex, if available.

4. The Committee notes the information provided by the Government in response to its previous comments regarding the status of the implementation of the recommendations contained in the survey entitled "Ethnicity and employment practices" of the Centre for Ethnic Studies of the University of the West Indies. The Committee notes in particular that the Police Service Commission decided that interview panels for the recruitment of police constables should be racially balanced and that the Commission will soon consider whether it wishes to have placed before it data on ethnicity and gender as regards qualified applicants so as to determine the composition of the selection panels. The Committee also notes that the Department of Personnel Administration has set up a Human Resource Information System (HRIS) to provide a wide range of applications, in particular equal opportunity monitoring, and that the Policy and Research Unit of the Department is presently developing standard operating procedures that would allow for the capture of data on ethnicity and gender for the Commissions’ information. The Committee requests the Government to continue to provide information on the abovementioned initiatives and any other measures taken or envisaged to promote equal access of women and ethnic minorities to employment in all areas of the civil service, including justices. Noting from the information submitted by the Government that there is a pattern of female under-representation in leadership and decision-making positions in the private sector, the Government is also invited to provide information on measures developed and implemented to promote women into such positions in the private sector.

5. In respect to vocational training, the Committee notes that enrolment of men and women in the various areas of instruction in vocational schools and the youth training and employment partnership programme occur largely along traditional lines. The Committee also notes that the Government pursued programmes to train women in masonry, plumbing, technical drawing, construction, carpentry and electric installation since 1998 and the establishment of 31 lifelong learning centres for adult education, which is expected to improve literacy skills of women and to enhance their potential in respect to economic productivity. The Committee requests the Government to continue to provide information on the progress made in promoting and providing non-traditional training for women and the measures taken to ensure that such training leads to employment.

6. The Committee refers to its previous comments concerning the discriminatory nature of provisions of several government regulations, which provide that married female officers may have their employment terminated if family obligations affect their efficient performance of duties (section 57 of the Public Service Commission Regulations; section 52 of the Police Commission Regulations; and section 58 of the Statutory Authorities’ Service Commission Regulation) and that a female officer who marries must report the fact of her marriage to the Public Service Commission (section 14(2) of the Civil Service Regulations). The Committee notes that the review process of the regulations concerned is still ongoing, and that section 57 of the Public Service Commission and section 52 of the Police Commission Regulation are not included in the newly revised draft regulations. With respect to section 14(2) of the Civil Service Regulation, the Committee notes the Government’s view that this provision is not considered discriminatory in Trinidad and Tobago, as it is an administrative matter related to the practice of women changing their names upon marriage. The Government indicates that nevertheless the issue is still subject to consideration. Given the stated intent of section 14(2), the Committee recommends that the Regulation be amended to require notification of name change and in that way avoid the potential discriminatory impact of such a provision on women. In the light of the new Equal Opportunity Act, the Committee hopes that the Government will be able to report progress made in repealing the abovementioned provisions and to submit copies of the revised regulations concerned as soon as adopted.

7. The Committee notes from the Government’s first report under the international Convention on the elimination of discrimination against women that the Basic Conditions of Work Bill, 2000, will, when enacted, prohibit sexual harassment by the employer or a fellow employee during the course of employment or at any workplace. The Committee also notes the introduction to Parliament of Occupational Safety and Health Bill (No. 2) of 1999 which will repeal the Employment of Women (Night Work) Act and the Factories Ordinance, 1948, which contain provisions excluding women from certain jobs. The Committee asks the Government to provide information on the status of these two Bills.

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The Committee notes with interest the adoption of the Equal Employment Act, 2000, which prohibits discrimination on the basis of sex, race, ethnicity, origin, religion, marital status or disability in relation to employment, education, the provision of goods and services, as well as accommodation. The Committee notes that discrimination in employment as defined by the Act includes discrimination as regards recruitment, hiring, terms and conditions of employment, promotion, transfer and training, access to facilities or services associated with employment or any other benefit, vocational training, as well as dismissal or subjecting a person to any other detriment. The Committee also notes that the Act establishes an Equal Opportunity Commission and an Equal Opportunity Tribunal. Referring to previous comments noting the lack of legislative protection, the Committee welcomes the adoption of the new Act. It notes, however, that political opinion is not mentioned as one of the prohibited grounds. It requests the Government to indicate the reasons for this omission, as well as the manner in which discrimination on grounds of political opinion is prohibited in employment in practice and hopes that the Government will consider amending the Act, bringing it fully in line with Article 1(1)(a) of the Convention. The Committee requests the Government to provide in its next report information on the implementation of the Act, including indications as to the impact of the legislation on achieving equality in employment and occupation.

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

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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 is next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest the adoption of the Maternity Protection Act of 1997 which, inter alia, provides protection to all working women in respect of the terms and conditions and security of their employment during pregnancy and maternity leave periods. It further notes that work is still ongoing as regards the development of legislation on equal opportunity. In this regard, it notes the holding of an equal opportunity public forum and workshop to discuss equality issues in light of the preparation of legislation. The Committee notes the Government's indication that it is anticipated that the proposed bill will be read in Parliament during its 1998-99 session, and that, in its present format, the bill generally seeks to prohibit certain kinds of discrimination, to promote equality of opportunity, to establish an equal opportunity commission and an equal opportunity tribunal. Noting that no legislative provisions currently exist to protect against discrimination in employment and occupation, the Committee hopes that any legislation adopted will be in conformity with the Convention.

2. Further to the Committee's previous comments concerning the discriminatory nature of provisions in several government regulations, which provide that married female officers may have their employment terminated if family obligations affect their efficient performance of duties (section 57 of the Public Service Commission Regulations; section 52 of the Police Commission Regulations; section 58 of the Statutory Authorities' Service Commission Regulations), and that a female officer who marries must report the fact of her marriage to the Public Service Commission (section 14(2) of the Civil Service Regulations), the Committee notes the Government's indication that these Regulations are being comprehensively revised, one of the general objectives of the revision being the removal of any element of discrimination which might exist in the Regulations. The Committee hopes that the Government will be able to inform it in its next report that the discriminatory provisions of the Regulations have been removed.

3. With regard to its previous comments concerning the status of implementation of the recommendations contained in a survey entitled "Ethnicity and employment practices" of the Centre for Ethnic Studies of the University of the West Indies, the Committee notes the Government's indication that no clear evidence is available as to the extent of the implementation of the recommendations. It recalls that the 16 recommendations made with regard to the public sector concerned the need for non-discriminatory recruitment practices in the public service in view of the study's findings concerning racial and ethnic discrimination, and the eight recommendations for the private sector commenced with a call for firms to "take immediate steps to draw up clearly written equal opportunity programmes relating to recruitment, training and promotion". Noting that a programme of public sector reform has been initiated, within which the establishment of human resource units have been a prominent feature, and some devolution of authority and functions of the Public Service Commission has taken place, the Committee requests the Government to provide information on proactive measures taken or envisaged with regard to the implementation of the recommendations, taking into account the ongoing process of structural reform of the public service.

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The Committee notes the information in the Government's reports.

1. The Committee notes with interest the adoption of the Maternity Protection Act of 1997 which, inter alia, provides protection to all working women in respect to the terms and conditions and security of their employment during pregnancy and maternity leave periods. It further notes that work is still ongoing as regards the development of legislation on equal opportunity. In this regard, it notes the holding of an Equal Opportunity Public Forum and Workshop to discuss equality issues in light of the preparation of legislation. The Committee notes the Government's indication that it is anticipated that the proposed Bill will be read in Parliament during its 1998-99 session, and that, in its present format, the Bill generally seeks to prohibit certain kinds of discrimination, to promote equality of opportunity, to establish an Equal Opportunity Commission and an Equal Opportunity Tribunal. Noting that no legislative provisions currently exist to protect against discrimination in employment and occupation, the Committee hopes that any legislation adopted will be in conformity with the Convention.

2. Further to the Committee's previous comments concerning the discriminatory nature of provisions in several government regulations, which provide that married female officers may have their employment terminated if family obligations affect their efficient performance of duties (section 57 of the Public Service Commission Regulations; section 52 of the Police Commission Regulations; section 58 of the Statutory Authorities' Service Commission Regulations), and that a female officer who marries must report the fact of her marriage to the Public Service Commission (section 14(2) of the Civil Service Regulations), the Committee notes the Government's indication that these Regulations are being comprehensively revised, one of the general objectives of the revision being the removal of any element of discrimination which might exist in the Regulations. The Committee hopes that the Government will be able to inform it in its next report that the discriminatory provisions of the Regulations have been removed.

3. With regard to its previous comments concerning the status of implementation of the recommendations contained in a survey entitled "Ethnicity and Employment Practices" of the Centre for Ethnic Studies of the University of the West Indies, the Committee notes the Government's indication that no clear evidence is available as to the extent of the implementation of the recommendations. It recalls that the 16 recommendations made with regard to the public sector concerned the need for non-discriminatory recruitment practices in the public service in view of the study's findings concerning racial and ethnic discrimination, and the eight recommendations for the private sector commenced with a call for firms to "take immediate steps to draw up clearly written equal opportunity programmes relating to recruitment, training and promotion". Noting that a Programme of Public Sector Reform has been initiated, within which the establishment of human resource units have been a prominent feature and some devolution of authority and functions of the Public Service Commission has taken place, the Committee requests the Government to provide information on proactive measures taken or envisaged with regard to the implementation of the recommendations, taking into account the ongoing process of structural reform of the public service.

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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 previous direct request, which read as follows:

1. The Committee has for some years raised the discriminatory nature of provisions in several government regulations which provide that married female officers may have their employment terminated if family obligations affect efficient performance of duties (section 57 of the Public Service Commission Regulations; section 52 of the Police Service Commission Regulations; section 58 of the Statutory Authorities' Service Commission Regulations). The Committee has also raised the discriminatory nature of section 14(2) of the Civil Service Regulations, which provides that a female officer who marries must report the fact of her marriage to the Public Service Commission.

Noting from the Government's report that, in the context of the current review of the relevant pension laws, these provisions are receiving active consideration, the Committee again asks the Government to take measures to amend or repeal these provisions so as to ensure equality in employment between male and female officers in conformity with the Convention.

2. The Committee notes from the Government's report that initiatives have begun concerning development of legislation on equal opportunity with a view to its finalization. The Committee requests the Government to keep it informed of progress in the drafting and adoption of this legislative text, and would appreciate receiving a copy of it with the Government's next report.

The Committee trusts that the text will cover discrimination in both access to training, access to employment, and terms and conditions of employment, particularly since the Ombudsman's 16th Annual Report (for 1993, annexed to the Government's report) highlights the fact that "there has been an increase in the number of complaints received from daily paid employees alleging discrimination in selection for employment and promotion ...".

3. The Committee notes that the Centre for Ethnic Studies of the University of the West Indies completed a survey entitled "Ethnicity and employment practices" in the public and private sectors which was the subject of public discussions throughout 1994. From the copy of that study (provided with the Government's report) the Committee notes that 16 recommendations were made concerning the public sector, in particular the need for non-discriminatory recruitment practices in the public service in view of the study's findings concerning racial and ethnic discrimination. There were also eight recommendations for the private sector, commencing with the call for firms to "take immediate steps to draw up clearly written equal opportunity programmes relating to recruitment, training and promotion". The Committee would appreciate receiving information in the Government's next report on the status of these recommendations, in particular any reaction from the Public Service Commission in the current period of structural reform of the public service.

CMNT_TITLE

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 previous direct requests, which read as follows:

1. For several years the Committee has drawn the Government's attention to the incompatibility with the Convention of the provisions of section 57 of the Public Service Commission Regulations, section 52 of the Police Service Commission Regulations, and section 58 of the Statutory Authorities' Service Commission Regulations, which all provide that married female officers may have their employment terminated if family obligations affect efficient performance of duties; and, section 14(2) of the Civil Service Regulations, which provides that a female officer who marries must report the fact of her marriage to the Public Service Commission.

Noting the Government's statement that it will undertake efforts to address these matters, the Committee hopes the Government will be in a position to indicate, in its next report, that measures have been taken to repeal or amend the above Regulations so as to ensure equality in employment between male and female public officials in conformity with the provisions of the Convention.

2. The Committee notes the Government's confirmation in its report that the country has no legislation to prevent discriminatory action in private and non-governmental agencies and that efforts will be made towards appropriate action in this regard. The Committee requests the Government to provide information on any action taken to extend legislative prohibition of discrimination and promotion of equality in employment and occupation to the private sector. It further requests the Government to indicate the measures taken, other than legislation, to promote a national policy of equality of opportunity and treatment in employment and occupation in the private as well as the public sector on all the grounds covered by the Convention other than sex which is the subject of the 1989 National Policy Statement (race, colour, religion, national extraction, political opinion and social origin).

3. (a) The Committee notes with interest the National Policy Statement on Women issued in 1989, in particular sections X and XI of the policy objectives. With respect to section X, the Policy states that "Government plans for reducing the unemployment levels will include special measures to encourage and assist female entrepreneurs including rural women particularly as regards access to credit and banking facilities". The Committee requests the Government to indicate any measures taken to implement this policy objective and any results achieved.

(b) The Committee also notes from section XI of the Policy that "women will be encouraged to aspire to positions at the decision and policy-making levels in all sectors, including trade unions, cooperatives, media, politics and non-traditional areas". It further notes from the 1970 and 1980 census reports supplied by the Government that the number of men in administrative positions and managerial positions has continued to be significantly predominant over the number of women. Given the relatively low number of women represented in this category, the Committee requests the Government to provide information on any measures taken to encourage and facilitate the entry of women into decision-making and managerial positions and the outcome of such measures.

(c) Noting the information provided on the structure and responsibilities of the Women's Affairs Division of the Ministry of Community Development, Culture and Women's Affairs, the Committee requests the Government to continue to provide information on the activities, including any studies, undertaken by the Division aimed at promoting equality of opportunity and treatment between men and women in employment and particular occupations.

4. The Committee notes the Government's statement that no analogous legislation exists for private schools as for public schools, which prohibits refusal of admission to any public school on account of religious persuasion, race, social status or language of such person or the parents of such person (Education Act of 1966), but that the question of taking measures to promote equality on such grounds is being pursued with the relevant agencies. Nevertheless, the Committee notes from the statistics provided by the Government that, in practice, a significant percentage of pupils who attend private religiously affiliated schools are of denominations other than that of the school, thus indicating that religion is not a criterion of admission in these schools. The Committee would therefore be grateful if the Government would indicate in future reports whether consideration is being given to extend private schools the admission grounds listed above and which apply to public schools.

CMNT_TITLE

The Committee takes note of the information supplied in the Government's report, in particular the extensive documentation describing elements of the national policy of equality of opportunity and treatment in employment.

1. The Committee has for some years raised the discriminatory nature of provisions in several government regulations which provide that married female officers may have their employment terminated if family obligations affect efficient performance of duties (section 57 of the Public Service Commission Regulations; section 52 of the Police Service Commission Regulations; section 58 of the Statutory Authorities' Service Commission Regulations). The Committee has also raised the discriminatory nature of section 14(2) of the Civil Service Regulations, which provides that a female officer who marries must report the fact of her marriage to the Public Service Commission.

Noting from the Government's report that, in the context of the current review of the relevant pension laws, these provisions are receiving active consideration, the Committee again asks the Government to take measures to amend or repeal these provisions so as to ensure equality in employment between male and female officers in conformity with the Convention.

2. The Committee notes from the Government's report that initiatives have begun concerning development of legislation on equal opportunity with a view to its finalization. The Committee requests the Government to keep it informed of progress in the drafting and adoption of this legislative text, and would appreciate receiving a copy of it with the Government's next report.

The Committee trusts that the text will cover discrimination in both access to training, access to employment, and terms and conditions of employment, particularly since the Ombudsman's 16th Annual Report (for 1993, annexed to the Government's report) highlights the fact that "there has been an increase in the number of complaints received from daily paid employees alleging discrimination in selection for employment and promotion ...".

3. The Committee notes that the Centre for Ethnic Studies of the University of the West Indies completed a survey entitled "Ethnicity and employment practices" in the public and private sectors which was the subject of public discussions throughout 1994. From the copy of that study (provided with the Government's report) the Committee notes that 16 recommendations were made concerning the public sector, in particular the need for non-discriminatory recruitment practices in the public service in view of the study's findings concerning racial and ethnic discrimination. There were also eight recommendations for the private sector, commencing with the call for firms to "take immediate steps to draw up clearly written equal opportunity programmes relating to recruitment, training and promotion". The Committee would appreciate receiving information in the Government's next report on the status of these recommendations, in particular any reaction from the Public Service Commission in the current period of structural reform of the public service.

CMNT_TITLE

The Committee notes with thanks the information supplied by the Government in reply to its previous request for copies of the annual Ombudsman reports, the most recent census reports, the Registry of Community Organizations, the Criteria and Procedures for the Registration of Community Organizations and the summary of the Adult Education Programmes.

1. For several years the Committee has drawn the Government's attention to the incompatibility with the Convention of the provisions of section 57 of the Public Service Commission Regulations, section 52 of the Police Service Commission Regulations, and section 58 of the Statutory Authorities' Service Commission Regulations, which all provide that married female officers may have their employment terminated if family obligations affect efficient performance of duties; and, section 14(2) of the Civil Service Regulations, which provides that a female officer who marries must report the fact of her marriage to the Public Service Commission.

Noting the Government's statement that it will undertake efforts to address these matters, the Committee hopes the Government will be in a position to indicate, in its next report, that measures have been taken to repeal or amend the above Regulations so as to ensure equality in employment between male and female public officials in conformity with the provisions of the Convention.

2. The Committee notes the Government's confirmation in its report that the country has no legislation to prevent discriminatory action in private and non-governmental agencies and that efforts will be made towards appropriate action in this regard. The Committee requests the Government to provide information on any action taken to extend legislative prohibition of discrimination and promotion of equality in employment and occupation to the private sector. It further requests the Government to indicate the measures taken, other than legislation, to promote a national policy of equality of opportunity and treatment in employment and occupation in the private as well as the public sector on all the grounds covered by the Convention other than sex which is the subject of the 1989 National Policy Statement (race, colour, religion, national extraction, political opinion and social origin).

3. (a) The Committee notes with interest the National Policy Statement on Women issued in 1989, in particular sections X and XI of the policy objectives. With respect to section X, the Policy states that "Government plans for reducing the unemployment levels will include special measures to encourage and assist female entrepreneurs including rural women particularly as regards access to credit and banking facilities". The Committee requests the Government to indicate any measures taken to implement this policy objective and any results achieved.

(b) The Committee also notes from section XI of the Policy that "women will be encouraged to aspire to positions at the decision and policy-making levels in all sectors, including trade unions, cooperatives, media, politics and non-traditional areas". It further notes from the 1970 and 1980 census reports supplied by the Government that the number of men in administrative positions and managerial positions has continued to be significantly predominant over the number of women. Given the relatively low number of women represented in this category, the Committee requests the Government to provide information on any measures taken to encourage and facilitate the entry of women into decision-making and managerial positions and the outcome of such measures.

(c) Noting the information provided on the structure and responsibilities of the Women's Affairs Division of the Ministry of Community Development, Culture and Women's Affairs, the Committee requests the Government to continue to provide information on the activities, including any studies, undertaken by the Division aimed at promoting equality of opportunity and treatment between men and women in employment and particular occupations.

4. The Committee notes the Government's statement that no analogous legislation exists for private schools as for public schools, which prohibits refusal of admission to any public school on account of religious persuasion, race, social status or language of such person or the parents of such person (Education Act of 1966), but that the question of taking measures to promote equality on such grounds is being pursued with the relevant agencies. Nevertheless, the Committee notes from the statistics provided by the Government that, in practice, a significant percentage of pupils who attend private religiously affiliated schools are of denominations other than that of the school, thus indicating that religion is not a criterion of admission in these schools. The Committee would therefore be grateful if the Government would indicate in future reports whether consideration is being given to extend private schools the admission grounds listed above and which apply to public schools.

CMNT_TITLE

The Committee notes with regret 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 previous direct request, which read as follows:

1. The Committee has previously noted the provisions of article 93 of the 1976 Constitution, under which an Ombudsman may investigate any decision or recommendation made or any act done or omitted by any department of Government or any other authority which might be in violation of article 4(d) of the 1976 Constitution which establishes the right to equality of treatment from any public authority in the exercise of any functions without discrimination based on race, origin, colour, religion or sex.

The Committee notes from the report submitted by the Government to the United Nations in 1986 (CERD/C/116/Add.3) that the Ombudsman submits annual reports to the Parliament. The Committee asks the Government to furnish a copy of the most recent such report. The Committee asks also that a copy of the most recent such annual report be sent along with each of the Government's future reports and that it indicate measures taken or under consideration to promote the application of the principle of equality of opportunity and treatment by private persons.

2. The Committee notes from the Government's report for the period ending 30 June 1988 that the National Commission on the Status of Women no longer exists as a separate entity, but is now part of the overall larger organization of the Ministry of Community Development, Welfare and the Status of Women. The Committee asks again that the Government supply full information on any work of the National Commisssion on the Status of Women intended to promote equality of opportunity and treatment between men and women in respect of access to employment and occupation.

3. The Committee notes the statement made by the Government in its report, that enshrined in the Constitution of Trinidad and Tobago and inherent in all the labour legislation of the country is the principle of equality of opportunity and treatment between men and women in respect of access to employment and occupation and that the Ministry of Community Development, Welfare and the Status of Women therefore is not involved in any special programmes of activity to further promote this principle.

The Committee asks the Government to confirm its understanding that the Constitution of 1976 prohibits discriminatory action done by public authorities in respect of employment and occupation and that there is no such prohibition in Trinidad and Tobago legislation with respect to private, non-governmental action. If this understanding is incorrect the Government is asked to provide a copy of labour legislation which guarantees in the private sector equal opportunity in employment and occupation.

Recalling the explanations in paragraphs 193 through 236 and 240 of its 1988 General Survey on Equality in Employment and Occupation, on means of promoting and enforcing a national policy of equal opportunity and treatment and the need for continuous action, the Committee asks the Government to indicate what ministry, or ministries, or other public authorities are involved in promoting this policy as required by Article 3 of the Convention.

The Committee also asks that the Government provide a copy of the most recent registry of community organizations mentioned under Target 1(a) of the "Community Development Programme 1984/85": a copy of the law, rules or regulations setting forth the qualifying criteria and procedures provided for recognition and registration of community organizations mentioned in Target 1(a) of the "Programme"; full information on the programme courses available in the "new brand" of adult education noted under Target 4 of the Programme; and full information on programmes of the Women's Desk mentioned in Target 4(e) of the "Programme".

4. In previous comments, the Committee has noted section 57 of the Public Service Commission Regulations (Subsidiary Legislation, Chapter 1:01), section 52 of the Police Service commission Regulations (Subsidiary Legislation, Chapter 1:01) and section 58 of the Statutory Authorities' Service Commission Regulations (Subsidiary Legislation, Chapter 24:01), which all provide that married female officers may be terminated if family obligations affect efficient performance of duties. Under section 14, subsection 2, of the Civil Service Regulations (Subsidiary Legislation, Chapter 23:01), a female officer who marries must report the fact of her marriage to the Public Service Commission.

In its most recent report, the Government states that a committee has been appointed under the chairmanship of the Permanent Secretary to the Prime Minister and Head of the Public Service to undertake a review of all the Service Acts and their relevant regulations and that the comments of the Committee of Experts regarding the above-mentioned sections will be considered in its deliberations.

The Committee takes due note of these indications. It recalls that under Article 3(c) of the Convention, every Member must, by methods appropriate to national conditions and practice, repeal any statutory provisions and modify any administrative instructions or practices that are inconsistent with the policy designed to promote equality of opportunity and treatment in respect of employment and occupation.

The Committee asks the Government to indicate the measures taken or under consideration to bring the above-mentioned legal provisions into conformity with the Convention.

5. The Committee has noted in earlier comments that during the 1960 census, statistics were established on the active population of Trinidad and Tobago by race, educational attainment and occupational group; the Committee asked that more recent statistics, on a corresponding basis, be forwarded.

The Committee notes the Government's indication that the results of general population censuses undertaken in 1970 and 1980 have not yet been published. The Committee asks the Government to indicate in its next report when these statistics are expected to be published and, in the interim, what statistical materials are available relating, by race and sex, to educational attainment and occupational group.

6. In an earlier report, the Committee noted that by virtue of section 7 of Act No. 1 of 1966 respecting education, as amended (Chapter 39:01), no person may be refused admission to any public school on account of the religious persuasion, race, social status or language of such person or of his parents. The Committee notes the Government's statement that there is no case on record of any person being refused admission to any public school in Trinidad and Tobago on account of the religious persuasion, race, social status or language of such persons or their parents.

The Government is asked if there is legislation analogous to section 7 of Act No. 1 of 1966 to cover private schools. If so, the Government is asked to send a copy with its next report. The Government is also asked to indicate any measures taken or envisaged to promote equality in admission to private schools irrespective of religious persuasion, race, social status or language of the candidates or their parents. In this regard, the Committee notes the Government's information in its report to the United Nations in 1986, mentioned above, that of the 466 primary schools in Trinidad and Tobago, 349 are religiously affiliated.

CMNT_TITLE

The Committee notes with regret 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 previous direct request, which read as follows:

The Committee notes the information provided by the Government in reports received covering the period from 1 July 1983 to 30 June 1988.

1. The Committee has previously noted the provisions of section 93 of the 1976 Constitution, under which an Ombudsman may investigate any decision or recommendation made or any act done or omitted by any department of Government or any other authority which might be in violation of section 4(d) of the 1976 Constitution which establishes the right to equality of treatment from any public authority in the exercise of any functions without discrimination by reason of race, origin, colour, religion or sex, under.

The Committee notes from the report submitted by the Government to the United Nations in 1986 (CERD/C/116/Add.3) that the Ombudsman submits annual reports to the Parliament. The Committee asks the Government to furnish a copy of the most recent such report. The Committee asks also that a copy of the most recent such annual report be sent along with each of the Government's future reports and that it indicate measures taken or under consideration to promote the application of the principle of equality of opportunity and treatment by private persons.

2. The Committee notes from the report of the Government for the period ending 30 June 1988 that the National Commission on the Status of Women no longer exists as a separate entity, but is now part of the overall larger organisation of the Ministry of Community Development, Welfare and the Status of Women. The Committee asks again that the Government supply full information on any work of the National Commisssion on the Status of Women intended to promote equality of opportunity and treatment between men and women in respect of access to employment and occupation.

3. The Committee notes the statement made by the Government in its report, that enshrined in the Constitution of Trinidad and Tobago and inherent in all the labour legislation of the country is the principle of equality of opportunity and treatment between men and women in respect of access to employment and occupation and that the Ministry of Community Development, Welfare and the Status of Women therefore is not involved in any special programmes of activity to further promote this principle.

The Committee asks the Government to confirm its understanding that the Constitution of 1976 prohibits discriminatory action done by public authorities in respect of employment and occupation and that there is no such prohibition in Trinidad and Tobago legislation with respect to private, non-governmental action. If this understanding is incorrect the Government is asked to provide a copy of labour legislation which guarantees in the private sector equal opportunity in employment and occupation.

Recalling the explanations in paragraphs 193 through 236 and 240 of its 1988 General Survey on Equality in Employment and Occupation, on means of promoting and enforcing a national policy of equal opportunity and treatment and the need for continuous action, the Committee asks the Government to indicate what ministry, or ministries, or other public authorities are involved in promoting this policy as required by Article 3 of the Convention.

The Committee also asks that the Government provide a copy of the most recent registry of community organisations mentioned under Target 1(a) of the "Community Development Programme 1984/85": a copy of the law, rules or regulations setting forth the qualifying criteria and procedures provided for recognition and registration of community organisations mentioned in Target 1(a) of the "Programme"; full information on the programme courses available in the "new brand" of adult education noted under Target 4 of the Programme; and full information on programmes of the Women's Desk mentioned in Target 4(e) of the "Programme".

4. In previous comments, the Committee has noted section 57 of the Public Service Commission Regulations (Subsidiary Legislation, Chapter 1:01), section 52 of the Police Service commission Regulations (Subsidiary Legislation, Chapter 1:01) and section 58 of the Statutory Authorities' Service Commission Regulations (Subsidiary Legislation, Chapter 24:01), which all provide that married female officers may be terminated if family obligations affect efficient performance of duties. Under section 14, subsection 2, of the Civil Service Regulations (Subsidiary Legislation, Chapter 23:01), a female officer who marries must report the fact of her marriage to the Public Service Commission.

In its most recent report, the Government states that a committee has been appointed under the chairmanship of the Permanent Secretary to the Prime Minister and Head of the Public Service to undertake a review of all the Service Acts and their relevant regulations and that the comments of the Committee of Experts regarding the above-mentioned sections will be considered in its deliberations.

The Committee takes due note of these indications. It recalls that under Article 3(c) of the Convention, every Member must, by methods appropriate to national conditions and practice, repeal any statutory provisions and modify any administrative instructions or practices that are inconsistent with the policy designed to promote equality of opportunity and treatment in respect of employment and occupation.

The Committee asks the Government to indicate the measures taken or under consideration to bring the above-mentioned legal provisions into conformity with the Convention.

5. The Committee has noted in earlier comments that during the 1960 census, statistics were established on the active population of Trinidad and Tobago by race, educational attainment and occupational group; the Committee asked that corresponding more recent statistics be forwarded.

The Committee notes the Government's indication that the results of general population censuses undertaken in 1970 and 1980 have not yet been published. The Committee asks the Government to indicate in its next report when these statistics are expected to be published and, in the interim, what statistical materials are available relating, by race and sex, to educational attainment and occupational group.

6. In an earlier report, the Committee noted that by virtue of section 7 of Act No. 1 of 1966 respecting education, as amended (Chapter 39:01), no person may be refused admission to any public school on account of the religious persuasion, race, social status or language of such person or of his parents. The Committee notes the Government's statement that there is no case on record of any person being refused admission to any public school in Trinidad and Tobago on account of the religious persuasion, race, social status or language of such person or his parents.

The Government is asked if there is legislation analogous to section 7 of Article 1 of 1966 to cover private schools; if so the Government is asked to send a copy of it with the Government's next report. The Government is also asked to indicate any measures taken or envisaged to promote equality in admission to private schools irrespective of religious persuasion, race, social status or language of the candidate or his or her parents. In this regard, the Committee notes the Government's information in its report to the United Nations in 1986, mentioned above, that of the 466 primary schools in Trinidad and Tobago, 349 are religiously affiliated.

CMNT_TITLE

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 previous direct request, which read as follows:

The Committee notes the information provided by the Government in reports received covering the period from 1 July 1983 to 30 June 1988.

1. The Committee has previously noted the provisions of section 93 of the 1976 Constitution, under which an Ombudsman may investigate any decision or recommendation made or any act done or omitted by any department of Government or any other authority which might be in violation of section 4(d) of the 1976 Constitution which establishes the right to equality of treatment from any public authority in the exercise of any functions without discrimination by reason of race, origin, colour, religion or sex, under.

The Committee notes from the report submitted by the Government to the United Nations in 1986 (CERD/C/116/Add.3) that the Ombudsman submits annual reports to the Parliament. The Committee asks the Government to furnish a copy of the most recent such report. The Committee asks also that a copy of the most recent such annual report be sent along with each of the Government's future reports and that it indicate measures taken or under consideration to promote the application of the principle of equality of opportunity and treatment by private persons.

2. The Committee notes from the report of the Government for the period ending 30 June 1988 that the National Commission on the Status of Women no longer exists as a separate entity, but is now part of the overall larger organisation of the Ministry of Community Development, Welfare and the Status of Women. The Committee asks again that the Government supply full information on any work of the National Commisssion on the Status of Women intended to promote equality of opportunity and treatment between men and women in respect of access to employment and occupation.

3. The Committee notes the statement made by the Government in its report, that enshrined in the Constitution of Trinidad and Tobago and inherent in all the labour legislation of the country is the principle of equality of opportunity and treatment between men and women in respect of access to employment and occupation and that the Ministry of Community Development, Welfare and the Status of Women therefore is not involved in any special programmes of activity to further promote this principle.

The Committee asks the Government to confirm its understanding that the Constitution of 1976 prohibits discriminatory action done by public authorities in respect of employment and occupation and that there is no such prohibition in Trinidad and Tobago legislation with respect to private, non-governmental action. If this understanding is incorrect the Government is asked to provide a copy of labour legislation which guarantees in the private sector equal opportunity in employment and occupation.

Recalling the explanations in paragraphs 193 through 236 and 240 of its 1988 General Survey on Equality in Employment and Occupation, on means of promoting and enforcing a national policy of equal opportunity and treatment and the need for continuous action, the Committee asks the Government to indicate what ministry, or ministries, or other public authorities are involved in promoting this policy as required by Article 3 of the Convention.

The Committee also asks that the Government provide a copy of the most recent registry of community organisations mentioned under Target 1(a) of the "Community Development Programme 1984/85": a copy of the law, rules or regulations setting forth the qualifying criteria and procedures provided for recognition and registration of community organisations mentioned in Target 1(a) of the "Programme"; full information on the programme courses available in the "new brand" of adult education noted under Target 4 of the Programme; and full information on programmes of the Women's Desk mentioned in Target 4(e) of the "Programme".

4. In previous comments, the Committee has noted section 57 of the Public Service Commission Regulations (Subsidiary Legislation, Chapter 1:01), section 52 of the Police Service commission Regulations (Subsidiary Legislation, Chapter 1:01) and section 58 of the Statutory Authorities' Service Commission Regulations (Subsidiary Legislation, Chapter 24:01), which all provide that married female officers may be terminated if family obligations affect efficient performance of duties. Under section 14, subsection 2, of the Civil Service Regulations (Subsidiary Legislation, Chapter 23:01), a female officer who marries must report the fact of her marriage to the Public Service Commission.

In its most recent report, the Government states that a committee has been appointed under the chairmanship of the Permanent Secretary to the Prime Minister and Head of the Public Service to undertake a review of all the Service Acts and their relevant regulations and that the comments of the Committee of Experts regarding the above-mentioned sections will be considered in its deliberations.

The Committee takes due note of these indications. It recalls that under Article 3(c) of the Convention, every Member must, by methods appropriate to national conditions and practice, repeal any statutory provisions and modify any administrative instructions or practices that are inconsistent with the policy designed to promote equality of opportunity and treatment in respect of employment and occupation.

The Committee asks the Government to indicate the measures taken or under consideration to bring the above-mentioned legal provisions into conformity with the Convention.

5. The Committee has noted in earlier comments that during the 1960 census, statistics were established on the active population of Trinidad and Tobago by race, educational attainment and occupational group; the Committee asked that corresponding more recent statistics be forwarded.

The Committee notes the Government's indication that the results of general population censuses undertaken in 1970 and 1980 have not yet been published. The Committee asks the Government to indicate in its next report when these statistics are expected to be published and, in the interim, what statistical materials are available relating, by race and sex, to educational attainment and occupational group.

6. In an earlier report, the Committee noted that by virtue of section 7 of Act No. 1 of 1966 respecting education, as amended (Chapter 39:01), no person may be refused admission to any public school on account of the religious persuasion, race, social status or language of such person or of his parents. The Committee notes the Government's statement that there is no case on record of any person being refused admission to any public school in Trinidad and Tobago on account of the religious persuasion, race, social status or language of such person or his parents.

The Government is asked if there is legislation analogous to section 7 of Article 1 of 1966 to cover private schools; if so the Government is asked to send a copy of it with the Government's next report. The Government is also asked to indicate any measures taken or envisaged to promote equality in admission to private schools irrespective of religious persuasion, race, social status or language of the candidate or his or her parents. In this regard, the Committee notes the Government's information in its report to the United Nations in 1986, mentioned above, that of the 466 primary schools in Trinidad and Tobago, 349 are religiously affiliated.

CMNT_TITLE

The Committee notes the information provided by the Government in reports received covering the period from 1 July 1983 to 30 June 1988.

1. The Committee has previously noted the provisions of section 93 of the 1976 Constitution, under which an Ombudsman may investigate any decision or recommendation made or any act done or omitted by any department of Government or any other authority which might be in violation of section 4(d) of the 1976 Constitution which establishes the right to equality of treatment from any public authority in the exercise of any functions without discrimination by reason of race, origin, colour, religion or sex, under.

The Committee notes from the report submitted by the Government to the United Nations in 1986 (CERD/C/116/Add.3) that the Ombudsman submits annual reports to the Parliament. The Committee asks the Government to furnish a copy of the most recent such report. The Committee asks also that a copy of the most recent such annual report be sent along with each of the Government's future reports and that it indicate measures taken or under consideration to promote the application of the principle of equality of opportunity and treatment by private persons.

2. The Committee notes from the report of the Government for the period ending 30 June 1988 that the National Commission on the Status of Women no longer exists as a separate entity, but is now part of the overall larger organisation of the Ministry of Community Development, Welfare and the Status of Women. The Committee asks again that the Government supply full information on any work of the National Commisssion on the Status of Women intended to promote equality of opportunity and treatment between men and women in respect of access to employment and occupation.

3. The Committee notes the statement made by the Government in its report, that enshrined in the Constitution of Trinidad and Tobago and inherent in all the labour legislation of the country is the principle of equality of opportunity and treatment between men and women in respect of access to employment and occupation and that the Ministry of Community Development, Welfare and the Status of Women therefore is not involved in any special programmes of activity to further promote this principle.

The Committee asks the Government to confirm its understanding that the Constitution of 1976 prohibits discriminatory action done by public authorities in respect of employment and occupation and that there is no such prohibition in Trinidad and Tobago legislation with respect to private, non-governmental action. If this understanding is incorrect the Government is asked to provide a copy of labour legislation which guarantees in the private sector equal opportunity in employment and occupation.

Recalling the explanations in paragraphs 193 through 236 and 240 of its 1988 General Survey on Equality in Employment and Occupation, on means of promoting and enforcing a national policy of equal opportunity and treatment and the need for continuous action, the Committee asks the Government to indicate what ministry, or ministries, or other public authorities are involved in promoting this policy as required by Article 3 of the Convention.

The Committee also asks that the Government provide a copy of the most recent registry of community organisations mentioned under Target 1(a) of the "Community Development Programme 1984/85": a copy of the law, rules or regulations setting forth the qualifying criteria and procedures provided for recognition and registration of community organisations mentioned in Target 1(a) of the "Programme"; full information on the programme courses available in the "new brand" of adult education noted under Target 4 of the Programme; and full information on programmes of the Women's Desk mentioned in Target 4(e) of the "Programme".

4. In previous comments, the Committee has noted section 57 of the Public Service Commission Regulations (Subsidiary Legislation, Chapter 1:01), section 52 of the Police Service commission Regulations (Subsidiary Legislation, Chapter 1:01) and section 58 of the Statutory Authorities' Service Commission Regulations (Subsidiary Legislation, Chapter 24:01), which all provide that married female officers may be terminated if family obligations affect efficient performance of duties. Under section 14, subsection 2, of the Civil Service Regulations (Subsidiary Legislation, Chapter 23:01), a female officer who marries must report the fact of her marriage to the Public Service Commission.

In its most recent report, the Government states that a committee has been appointed under the chairmanship of the Permanent Secretary to the Prime Minister and Head of the Public Service to undertake a review of all the Service Acts and their relevant regulations and that the comments of the Committee of Experts regarding the above-mentioned sections will be considered in its deliberations.

The Committee takes due note of these indications. It recalls that under Article 3(c) of the Convention, every Member must, by methods appropriate to national conditions and practice, repeal any statutory provisions and modify any administrative instructions or practices that are inconsistent with the policy designed to promote equality of opportunity and treatment in respect of employment and occupation.

The Committee asks the Government to indicate the measures taken or under consideration to bring the above-mentioned legal provisions into conformity with the Convention.

5. The Committee has noted in earlier comments that during the 1960 census, statistics were established on the active population of Trinidad and Tobago by race, educational attainment and occupational group; the Committee asked that corresponding more recent statistics be forwarded.

The Committee notes the Government's indication that the results of general population censuses undertaken in 1970 and 1980 have not yet been published. The Committee asks the Government to indicate in its next report when these statistics are expected to be published and, in the interim, what statistical materials are available relating, by race and sex, to educational attainment and occupational group.

6. In an earlier report, the Committee noted that by virtue of section 7 of Act No. 1 of 1966 respecting education, as amended (Chapter 39:01), no person may be refused admission to any public school on account of the religious persuasion, race, social status or language of such person or of his parents. The Committee notes the Government's statement that there is no case on record of any person being refused admission to any public school in Trinidad and Tobago on account of the religious persuasion, race, social status or language of such person or his parents.

The Government is asked if there is legislation analogous to section 7 of Article 1 of 1966 to cover private schools; if so the Government is asked to send a copy of it with the Government's next report. The Government is also asked to indicate any measures taken or envisaged to promote equality in admission to private schools irrespective of religious persuasion, race, social status or language of the candidate or his or her parents. In this regard, the Committee notes the Government's information in its report to the United Nations in 1986, mentioned above, that of the 466 primary schools in Trinidad and Tobago, 349 are religiously affiliated.