Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

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.