Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Statistics on migration flows. In its previous comment, the Committee requested the Government to provide statistical data on the number of nationals employed abroad, including in temporary work in Canada, as well as on the number of foreign nationals employed in Trinidad and Tobago. The Committee notes, from the statistics provided by the Government and covering the period up to 2017, the large majority of the workers recruited under the Caribbean Seasonal Agriculture Workers Programme continue to be men (95.9 per cent on average over the last ten years). It further notes the Government’s statement that the number of participating workers, male and female, is dependent on the needs of Canadian employers. As regards the number of foreign nationals employed in the country, it indicates that this information will be submitted in a future report. The Committee notes that, according to statistics cited in the report of the International Organization for Migration (IOM) entitled “Migration Governance in the Caribbean” (2018), the immigrant population amounts to 50,000 persons, that is 3.7 per cent of the total population, and that a high percentage of migrant workers in Trinidad and Tobago work in the informal economy (see ILO Technical report “Labour Migration in Latin America and the Caribbean”, 2017, p. 34). The Committee asks the Government to continue to provide statistical data, disaggregated by sex, sectors and country of destination, on the number of nationals employed abroad, including in temporary work in Canada, and to provide statistical information, disaggregated by sex and nationality, on the number of foreign nationals employed in Trinidad and Tobago.

Article 1 of the Convention. Legislation and national policy. The Committee notes with interest that an Inter-Ministerial Committee for the development of a labour migration policy for Trinidad and Tobago was appointed in July 2018 and that a national consultation was held in September 2019 with a view to draft such a policy in the near future. The Committee also notes that consultations were held in 2019 on the Foreign Labour Contract Act (regarding the sending of workers abroad), the Employment Exchange Act (on national employment agencies) and the Recruiting of Workers Act. The consultations led to the conclusion that the first two acts were outdated and should be replaced by a new law. The Committee asks the Government to provide information on the progress made towards the adoption of a national labour migration policy, as well as on the steps taken to update the relevant legislation.

Article 5. Entry requirements and medical examination. In its previous comments, the Committee asked the Government to provide information on the practical application of section 8(a), (b), (c) and (e) of the Immigration Act, 1969, which prohibits entry into the territory, respectively, to “idiots, imbeciles, feeble-minded persons, persons suffering from dementia and insane persons” (8(a)); persons afflicted with any infectious disease (8(b)); dumb, blind or otherwise physically defective, or physically handicapped persons (8(c)); and homosexuals (8(e)). It also asked the Government to indicate whether any consideration had been given to amending the provisions of the Act. The Committee notes the Government’s statement that, in practice, non-nationals have not been prohibited entry into the country on any of these grounds. The Government adds that it recognizes the need to amend these provisions. Regarding section 8(b), the Committee asked the Government to indicate whether any assessment was being made in cases where a migrant worker is refused entry as to whether the infection or illness would have had an effect on the task for which the worker has been recruited; and whether section 8(b) would cover migrant workers living with HIV. In the absence of a reply on this point from the Government, the Committee wishes to reiterate that 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 may now even constitute unacceptable discrimination (see General Survey on migrant workers, 1999, paragraph 262). Noting the long-standing existence of a National Workplace Policy on HIV and AIDS in Trinidad and Tobago, and in particular its section 5.2.6 on the prohibition of screening for purposes of employment, the Committee recalls that paragraphs 25 to 28 of the HIV and AIDS Recommendation, 2010 (No. 200), provide that HIV testing should not be required of workers, including migrant workers, that they should not be required to disclose HIV-related information and should not be excluded from migration on the basis of their real or perceived HIV status. In view of the above, the Committee asks the Government, once again, to indicate whether any assessment is being made in cases where a migrant worker is refused entry as to whether the infection or illness would have had an effect on the task for which the worker has been recruited; and whether section 8(b) would cover migrant workers living with HIV. It also asks the Government to provide information on measures taken with a view to amend section 8(a), (c) and (e) of the Immigration Act, 1969.

Article 6. Equality of treatment. The Committee notes the Government’s indication, in reply to its previous comment, that there is no social security arrangements with countries other than Caribbean Community (CARICOM) members and Canada, and that the provisions of the Minimum Wages Act and Minimum Wages Orders apply to migrant workers in the same manner as to nationals. Regarding the information of migrant workers on the protection against discrimination provided by the Equal Opportunity Act, 2000, the Government indicates that the Equal Opportunity Commission engages in public education campaigns but that it has not yet done any campaign specifically targeting migrant workers. It adds that, within the last five years, the Commission has not received any complaint from migrant workers claiming discrimination based on national origin. The Committee requests the Government to provide information on any measures taken to inform migrant workers of their rights under the Equal Opportunity Act, 2000 and other relevant legislation. It also requests the Government to continue to provide information on any cases addressed by the Equal Opportunity Commission and the Equal Opportunity Tribunal concerning unequal treatment of migrant workers.