Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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

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.