Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Migration for Employment Convention (Revised), 1949 (No. 97) - Trinidad and Tobago (Ratification: 1963)

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 2013.

Repetition

Statistics. The Committee notes the statistics provided on the number of male and female workers from Trinidad and Tobago recruited under the Caribbean Seasonal Agriculture Workers Programme. The Committee notes that the large majority of the workers recruited continue to be men but that the number of women has increased to an average of 80 workers over the period 2007–12. The Committee further notes the Government’s statement that the reasons for the low participation of women in the Caribbean Seasonal Agriculture Workers’ Programme relate to the requirement of separate accommodation quarters, the nature of the tasks to be performed and the conditions of work, as well as conflict in work–life balance. The Government is requested to continue to provide statistical data, disaggregated by sex and country of destination of the number of nationals employed abroad, including in temporary work in Canada. Please also provide statistical information, disaggregated by sex and nationality, on the number of foreign nationals employed in Trinidad and Tobago.

Article 5. Entry requirements and medical examination. The Committee notes that the Immigration Act, 1969, prohibits entry into Trinidad and Tobago to “persons who are idiots, imbeciles, feeble-minded persons, persons suffering from dementia and insane persons, and who are likely to be a charge on public funds (section 8(a)); persons who are dumb, blind or otherwise physically defective, or physically handicapped, which might endanger their ability to earn a livelihood, or render them likely to become charges on public funds (section 8(c)). The Committee draws the Government’s attention to the fact that while medical testing and the prohibition of entry of persons on the ground that they may constitute a grave risk to public health is likely to be a routine and a responsible precaution prior to permitting entry of non-nationals, the exclusion of individuals on certain medical or personal grounds which do not pose a danger to public health or a burden to public funds may be dated due to scientific developments or changing social attitudes, and some constitute unacceptable discrimination. The Committee notes in particular section 8(e) of the Act prohibiting entry of homosexuals (see General Survey on migrant workers, 1999, paragraphs 262 and 263). The Committee asks the Government to provide information on the practical application of section 8(a), (c) and (e) of the Immigration Act, including the number of non-nationals seeking employment in Trinidad and Tobago who have been prohibited entry or who have been expelled on the basis of these provisions. Please indicate in this regard how it is determined that a person with a physical or mental disability is likely to become a burden on public funds. Please also indicate whether any consideration has been given to amending the provisions of the Immigration Act, 1969, concerning prohibited immigrants in the light of scientific developments and changing social attitudes, and to prevent discrimination.

Furthermore, the Committee notes that pursuant to section 8(b) of the Immigration Act, 1969, persons afflicted with any infectious or dangerous infectious disease are also prohibited entry. The Committee has considered that refusal of entry or repatriation on the grounds that the worker concerned is suffering from an infection or illness of any kind which has no effect on the task for which the worker has been recruited, constitutes an unacceptable form of discrimination (General Survey, 1999, paragraph 266). In this context, the Committee also refers to Paragraph 28 of the HIV and AIDS Recommendation, 2010 (No. 200), providing that migrant workers, or those seeking to migrate for employment, should not be excluded from migration by countries of origin, of transit or of destination on the basis of their real or perceived HIV status. The Committee requests the Government to provide information on whether any assessment is being made in cases where a migrant worker is refused entry on the basis of section 8(b) of the Immigration Act as to whether the infection or illness would have had an effect on the task for which the worker has been recruited. The Committee also requests the Government to clarify whether section 8(b) would cover migrant workers living with HIV, and to provide information on the number of migrant workers requesting to enter Trinidad and Tobago who have been refused entry on the basis of the above provisions of the Immigration Act.

Article 6 of the Convention. Equality of treatment. The Committee notes the Government’s indication that the Minimum Wages Act Chapter 88:04 and the Minimum Wages Orders pursuant to this Act, which determine wages and conditions of work for various industries, apply to nationals as well as migrant workers. With regard to social security, the Government refers to the National Insurance Act Chapter 32:01 of 1971 (NI Act), section 29(1) of which provides that every employed person shall be registered for the purposes of the system of national insurance. In addition, reciprocal agreements between Trinidad and Tobago and other Caribbean Community (CARICOM) countries, as well as with Canada, provided for the transferability of contributions paid under social security schemes. The Committee requests the Government to indicate whether any social security arrangements exist with countries outside CARICOM from which migrant workers originate. It also requests the Government to provide information on the practical application of the Minimum Wages Act and Minimum Wages Orders to migrant workers, including any complaints received by migrant workers regarding unequal treatment with respect to conditions of work, including remuneration, by the competent authorities. Noting further that the Equal Opportunity Act, 2000 applies to migrant workers, the Committee also requests the Government to provide information on any measures taken to inform such workers of the protection against discrimination provided by the Act, and on any cases addressed by the Equal Opportunity Commission and the Equal Opportunity Tribunal concerning unequal treatment of migrant workers.

Article 8. Maintenance of residence in the event of incapacity for work. With reference to its previous comments, the Committee notes the Government’s confirmation that in accordance with section 7 of the Immigration Act, Chapter 18:01, resident status is not revoked in the case of ill health or injury, including infectious or dangerous diseases, or when the immigrant or a member of his or her family is considered a burden on public funds.