Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

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

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.