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

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

Article 1(1)(a) and (b) of the Convention. Legislation. Grounds of discrimination. In its previous comments, the Committee recalled that the Equal Opportunity Act covers discrimination based on sex, race, ethnicity, origin (including geographical origin), religion, marital status and disability. It requested the Government to take the opportunity of any future revision of the Act to include explicitly in the list of prohibited grounds of discrimination the grounds of “political opinion” and “colour”, in accordance with Article 1(1)(a) of the Convention; to indicate whether origin, as provided for in the legislation, also encompasses “social origin”; as well as the reasons for the omission in the legislation of “national extraction” as one of the prohibited grounds of discrimination. It also asked the Government to provide information on the status of the Equal Opportunity (Amendment) (No. 2) Bill, 2011. The Committee notes the Government’s indication that the prohibited ground of “origin” in the Equal Opportunity Act covers more than just “geographical origin” and should be understood as covering both national extraction and social origin. Regarding the ground of colour, the Government replies that while recognizing that race and colour are not identical, race is determined by a combination of factors, including ancestry, genetics and physical traits, of which colour is one. Therefore, the Equal Opportunity Commission (EOC) is of the view that there is no basis for including colour as a separate prohibited ground of discrimination. In this regard, the Committee recalls that the grounds of colour and race should not be considered to be identical, as colour differences may exist between people of the same “race” (see General Survey on the fundamental Conventions, 2012, paragraph 762). It therefore observes that the ground of race does not provide protection from discrimination on the ground of colour in all instances. In addition, the Committee notes that the Government does not provide any information regarding the ground of “political opinion” and indicates that proposals to amend the Equal Opportunity Act are under review at the Ministry of the Attorney General and Legal Affairs. The Committee wishes to stress that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention as these grounds represent a minimum standard on which agreement was reached in 1958 (see General Survey on the fundamental Conventions, 2012, paragraphs 806 and 853). In view of the above, the Committee asks the Government, once again, to take the opportunity provided by the amendments of the Equal Opportunity Act to include explicitly the grounds of “political opinion” and “colour” in the list of prohibited grounds of discrimination, as required by Article 1(1)(a) of the Convention, as well as to clarify the definition of “origin”, and to provide information on the status of the amendments to the Equal Opportunity Act.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, and remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Discrimination based on sex. Sexual harassment. In its previous comments, the Committee requested the Government to take concrete measures to prevent and prohibit both quid pro quo and hostile environment sexual harassment in employment and occupation and to provide information on the findings of the national study and the awareness-raising activities carried out regarding sexual harassment in the workplace and on any progress made towards the adoption of the Employment Standards Bill. It notes the Government’s indication that during national tripartite-plus consultations in June 2018, it launched a draft National Workplace Policy on Sexual Harassment and that, once the policy document is ready, it should be transmitted to Cabinet together with a draft Sexual Harassment Bill. The Committee notes with interest that a National Workplace Policy on Sexual Harassment has been adopted in February 2019 and published on the website of the Ministry of Labour and Small Enterprise Development. The Policy defines both “quid pro quo” and “hostile environment” sexual harassment and its stated objective is to define and prevent sexual harassment in the workplace, identify and address relevant issues, and provide guidance on actions that may be taken by main stakeholders, namely victims, observers, employers, workers and the Government. The scope of the policy covers all employers, prospective employers and workers, including domestic workers, apprentices and trainees, in the public and private sectors. It also takes into account the specific situation of migrant workers. The policy identifies the current avenues for resolution, including through the Conciliation Unit, the Children’s Authority, the Occupational Safety and Health Authority, the EOC, the Industrial Court or the Civil/Criminal Court. Among the strategies identified in the policy is the enactment of specific legislation on sexual harassment, the establishment of workplace policies by each organization, training for employers and workers, and psychological support. It states that employers are required to establish an in house mechanism to minimize the risk of sexual harassment and to respond to cases of sexual harassment in the workplace; and it gives a list of matters that the mechanism must include. It also states that it is the Government’s responsibility to develop and enact legislation. Finally, the policy provides guidelines on the grievance/complaints procedure, a model complaint/incident form, and guidelines on handling complaints. Regarding the Employment Standards Bill, the Government states, as it did in its report on the Equal Remuneration Convention, 1951 (No. 100), that the Industrial Relations Advisory Committee (IRAC) submitted a policy position paper on the basic terms and conditions of work to the Minister of Labour and Small Enterprise Development in May 2018 (and a revised paper in July 2018) and that national stakeholder consultations on employment standards were held in August and September 2018. The Committee notes that no information is provided on further developments regarding the two Bills. The Committee asks the Government to provide information on the concrete steps taken to prevent and prohibit sexual harassment in employment and occupation, including in application of the newly adopted National Workplace Policy, and to provide a copy of the Employment Standards Act and Sexual Harassment Act, once they have been adopted.

Article 2. Equality of opportunity and treatment of men and women. The Committee notes the Government’s statement – in reply to its request for information on any measures taken to promote equality of opportunity and treatment between men and women, including on the status and content of the draft national policy on gender and development – that this policy, which proposes key gender-responsive reforms including the enactment of legislation to ensure equal remuneration for work of equal value, is expected to be adopted soon. The Committee asks the Government to provide information on the progress made in the adoption of the national policy on gender and development as well as on any measures taken with a view to promoting equality of opportunity and treatment between men and women. Noting that the Government recognizes the gender division of labour and women’s concentration in specific low-paying jobs in the service and care-related sector, the Committee asks the Government to continue providing statistical data on the employment of men and women and to ensure that these are disaggregated by sector and occupation.

Vocational training. Occupational segregation between men and women. In its previous comments, the Committee requested information on the measures taken to increase women’s access to a wider range of vocational training opportunities and on their impact on the employment of women in sectors and occupational groups in which they are not traditionally employed. It notes the Government’s statement that the Non-Traditional Skills Training Programme for Women (NTSTPW) (which ran from February to July 2014) and the Women in Harmony Programme (from May to August 2016) were discontinued due to financial constraints. The Government adds that measures are taken to ensure the accessibility of training to all interested persons, regardless of sex, in technical and vocational training programmes offering a variety of skills. In this regard, the Committee recalls that providing vocational guidance and taking active measures to promote access to education and training, free from considerations based on stereotypes or prejudices, is essential in broadening the range of occupations from which men and women are able to choose. The Committee recognizes that ensuring equal access to vocational training is essential but underlines that more proactive measures should be taken to facilitate and encourage the access of women and girls to a wider range of vocational training, including courses leading to occupations in which men have traditionally been employed (see General Survey on the fundamental Conventions 2012, paragraphs 750 and 751). The Committee asks the Government to provide information on the proactive measures taken to increase women’s access to a wider range of vocational training opportunities and on their impact on the employment of women in sectors and occupational groups in which they are traditionally under represented.

Equality of opportunity and treatment in the public service. The Committee notes that the information provided by the Government, as requested in its previous comments, on the distribution of men and women in the different parts and levels of the public sector, clearly demonstrates existing occupational segregation. Indeed, women represent 15 per cent of the staff in the fire service (and none at the higher levels, that is grade five and above); 8 per cent in the prison service (7.1 per cent at the higher levels); and 26.7 per cent in the police service (12.1 per cent at the higher levels); whereas they represent 72.3 per cent of the staff in the judicial and legal service, and 75.4 per cent in the teaching service. The Committee also notes that sex-specific terminology is used in the denomination of offices mentioned in the Schedule, Parts I–VI, of the Civil Service Regulations (for example: postman, watchman, foreman, repairman, handyman, ward or home sister, matron, maid, laundress, among others). It also notes that for airport attendant I and II a distinction is made between male airport attendant and female airport attendant. Finally, in the technical class, whereas “nurse” and “senior nurse” are mentioned without gender specification, the office of “chief nurse” is referred to as “chief male nurse”. The Committee draws the attention of the Government to the fact that it is necessary when defining different jobs and occupations to use neutral terminology to avoid perpetuating stereotypes according to which certain occupations should be held by men and others by women. Gender-neutral terminology is a prerequisite in order to ensure equality of access to all occupations and to equality of opportunity and treatment in employment and occupation. In view of the above, the Committee asks the Government to amend the Schedule, Parts I–VI, of the Civil Service Regulations in order to ensure that it contains gender-neutral terminology. The Committee also asks the Government to provide information on the distribution of men and women in the different parts and levels of the public sector.

Enforcement. Equality bodies. In its previous comments, the Committee noted that the number of complaints of discrimination in employment received by the EOC amounted to 306 in 2011, 127 in 2012 and 137 in 2013. It requested the Government to provide information on the full range of activities undertaken by the Commission in the field of non-discrimination in employment and occupation, indicating the number and nature of the complaints received and the results thereof, and the number and nature of the cases referred to the Equal Opportunity Tribunal, as well as any remedies provided or sanctions imposed. The Committee notes the information provided by the Government which shows that the number of complaints of discrimination in employment filed with the EOC continued to decline steadily, from 106 in 2014 to 75 in 2015 and 67 in 2016 (with, respectively, 56, 80, and 78 per cent of these complaints being withdrawn or giving rise to no further action). Among these complaints, seven (that is 6.6 per cent) were referred to the Equal Opportunity Tribunal in 2014, seven (9.3 per cent) in 2015, and three (4.5 per cent) in 2016. The Government gives no information about remedies provided or sanctions imposed. It adds, however, that the EOC is engaged in a number of other activities aimed at informing the public about the Equal Opportunity Act, including through collaboration with ministries and agencies, publications, education campaigns and public outreach. The Committee asks the Government to provide information on the reasons for: (i) the declining number of complaints of discrimination in employment filed with the EOC despite the promotional activities undertaken actively by the EOC; and (ii) the very limited number of cases referred to the Equal Opportunity Tribunal. It also asks the Government to continue to provide detailed information on the activities undertaken by the EOC in the field of non-discrimination in employment and occupation, and to continue to identify the number and nature of the complaints received and the results thereof, and the number and nature of the cases referred to the Equal Opportunity Tribunal, as well as any remedies provided or sanctions imposed.