Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

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

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

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Sexual harassment. The Committee notes from the Government’s report that the Basic Conditions of Work Bill has been replaced by the Employment Standards Bill and that this Bill will address the issue of sexual harassment in the workplace. The Committee asks the Government to provide the text of Employment Standards Act as soon as it is adopted.

Equality of opportunity and treatment of men and women. The Committee notes the Government’s statement that the disparity between the unemployment rates of men and women was because women continue to shoulder greater family and household responsibilities. The Committee considers that this may be an explanation for women’s lower labour force participation rate rather than for their high level of unemployment, as compared to men. According to statistical data compiled by the ILO for 2005, the unemployment rate for men was 5.8 per cent compared with 11 per cent for women. The Committee notes from the report that a number of measures are being taken to promote women’s access to the labour market, including through providing childcare services, breastfeeding facilities, and enterprise policies that facilitate workers with family responsibilities. The Committee also notes that the National Gender Policy and Action Plan is still under preparation. The Committee requests the Government to provide the following:

(a)   detailed information on the measures taken to promote and ensure equality of opportunity and treatment of men and women in employment and occupation, including information on the results achieved by such action;

(b)   statistical information on the employment situation of men and women;

(c)    a copy of the National Gender Policy and Action Plan as soon as they are adopted;

(d)   information on the progress made in promoting and providing vocational training to women, including in non-traditional occupations, and the measures taken to ensure that such training leads to employment;

(e)    information on any cases of discrimination based on sex addressed by the competent authorities.

Prohibition of women performing certain jobs. In its previous comments the Committee had noted the enactment of the Occupational Safety and Health Act No. 1 of 2004, which in section 98 repeals the Factories Ordinance, 1948, and the Employment of Women (Night Work) Act, both of which contained provisions excluding women from certain jobs. As section 98(2) of the Act provides that any regulations, orders or statutory instruments made under the Factories Ordinance shall continue to be in force, the Committee had asked the Government to indicate if there are any other protective measures still in effect excluding women from certain types of employment. Noting the Government’s indication that a reply will be provided at a later date, the Committee requests the Government to provide the information requested in its next report.

Public service. The Committee notes from the Government’s report that various measures have been taken to increase the transparency in the process of recruitment for employment in the public service. Noting that the Government is collecting data concerning recruitment and appointment in the public service, disaggregated by sex, the Committee requests the Government to provide statistical information on the distribution of men and women in the different parts of the civil service, at all levels. The Committee also asks the Government to indicate how the access of minorities to the public service is being monitored, given that no information on recruitment and appointments based on ethnicity is being collected.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Legislation. The Committee recalls that the Equal Opportunity Act which set up an Equal Opportunity Commission and an Equal Opportunities Tribunal was declared unconstitutional by the High Court of Trinidad and Tobago in May 2004. In its report, the Government indicates that the decision of the High Court was appealed and that the Court of Appeal delivered its judgement on 26 January 2006, upholding the decision of the High Court. A further appeal was made to the Privy Council (No. 84 of 2006) which delivered its judgement on 15 October 2007. The Privy Council overturned the decision of the Court of Appeal, ruling that the creation of the Equal Opportunity Tribunal by the Act is not unconstitutional. The Committee notes that the members of the Equal Opportunity Commission were appointed in April 2008 and that the Government is preparing for the setting up of the Equal Opportunity Tribunal. The Committee requests the Government to continue to provide information on further developments with regard to the establishment and functioning of the Equal Opportunity Commission and Tribunal, and the implementation and enforcement of the Equal Opportunity Act.

The Committee recalls its longstanding 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. However, in order to avoid the potential discriminatory impact of such a provision on women, the Committee had suggested that the Civil Service Regulations be amended to require notification of name change of both men and women. The Committee notes the Government’s statement that steps are being taken to have the relevant regulations amended in accordance with the Committee’s comments. Noting the statement of the Government and given the serious nature of the matter, the Committee urges the Government 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, if any, made or any difficulties encountered in this regard.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Sexual harassment. The Committee notes from the Government’s report that the Basic Conditions of Work Bill has been replaced by the Employment Standards Bill and that this Bill will address the issue of sexual harassment in the workplace. The Committee asks the Government to provide the text of Employment Standards Act as soon as it is adopted.

Equality of opportunity and treatment of men and women. The Committee notes the Government’s statement that the disparity between the unemployment rates of men and women was because women continue to shoulder greater family and household responsibilities. The Committee considers that this may be an explanation for women’s lower labour force participation rate rather than for their high level of unemployment, as compared to men. According to statistical data compiled by the ILO for 2005, the unemployment rate for men was 5.8 per cent compared with 11 per cent for women. The Committee notes from the report that a number of measures are being taken to promote women’s access to the labour market, including through providing childcare services, breastfeeding facilities, and enterprise policies that facilitate workers with family responsibilities. The Committee also notes that the National Gender Policy and Action Plan is still under preparation. The Committee requests the Government to provide the following:

(a)   detailed information on the measures taken to promote and ensure equality of opportunity and treatment of men and women in employment and occupation, including information on the results achieved by such action;

(b)   statistical information on the employment situation of men and women;

(c)   a copy of the National Gender Policy and Action Plan as soon as they are adopted;

(d)   information on the progress made in promoting and providing vocational training to women, including in non-traditional occupations, and the measures taken to ensure that such training leads to employment;

(e)   information on any cases of discrimination based on sex addressed by the competent authorities.

Prohibition of women performing certain jobs. In its previous comments the Committee had noted the enactment of the Occupational Safety and Health Act No. 1 of 2004, which in section 98 repeals the Factories Ordinance, 1948, and the Employment of Women (Night Work) Act, both of which contained provisions excluding women from certain jobs. As section 98(2) of the Act provides that any regulations, orders or statutory instruments made under the Factories Ordinance shall continue to be in force, the Committee had asked the Government to indicate if there are any other protective measures still in effect excluding women from certain types of employment. Noting the Government’s indication that a reply will be provided at a later date, the Committee requests the Government to provide the information requested in its next report.

Public service. The Committee notes from the Government’s report that various measures have been taken to increase the transparency in the process of recruitment for employment in the public service. Noting that the Government is collecting data concerning recruitment and appointment in the public service, disaggregated by sex, the Committee requests the Government to provide statistical information on the distribution of men and women in the different parts of the civil service, at all levels. The Committee also asks the Government to indicate how the access of minorities to the public service is being monitored, given that no information on recruitment and appointments based on ethnicity is being collected.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Legislation. The Committee recalls that the Equal Opportunity Act which set up an Equal Opportunity Commission and an Equal Opportunities Tribunal was declared unconstitutional by the High Court of Trinidad and Tobago in May 2004. In its report, the Government indicates that the decision of the High Court was appealed and that the Court of Appeal delivered its judgement on 26 January 2006, upholding the decision of the High Court. A further appeal was made to the Privy Council (No. 84 of 2006) which delivered its judgement on 15 October 2007. The Privy Council overturned the decision of the Court of Appeal, ruling that the creation of the Equal Opportunity Tribunal by the Act is not unconstitutional. The Committee notes that the members of the Equal Opportunity Commission were appointed in April 2008 and that the Government is preparing for the setting up of the Equal Opportunity Tribunal. The Committee requests the Government to continue to provide information on further developments with regard to the establishment and functioning of the Equal Opportunity Commission and Tribunal, and the implementation and enforcement of the Equal Opportunity Act.

The Committee recalls its longstanding 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. However, in order to avoid the potential discriminatory impact of such a provision on women, the Committee had suggested that the Civil Service Regulations be amended to require notification of name change of both men and women. The Committee notes the Government’s statement that steps are being taken to have the relevant regulations amended in accordance with the Committee’s comments. Noting the statement of the Government and given the serious nature of the matter, the Committee urges the Government 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, if any, made or any difficulties encountered in this regard.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1(1)(a) of the Convention. Sexual Harassment. The Committee notes the absence of a legal provision prohibiting sexual harassment. The Committee also notes the Government’s statement that the draft Basic Conditions of Work Bill 2000, which would have prohibited sexual harassment by the employer or a fellow employee during the course of employment or at any workplace, has been withdrawn. It requests the Government to provide information on any other measures, including legislation, taken or envisaged to prevent and prohibit sexual harassment in employment and occupation.

2. Article 2. Equality of opportunity and treatment of men and women. The Committee notes from the statistical information attached to the Government’s report that significant disparities between the employment situation of men and women persist. The female unemployment rate, though progressively dropping since 1998, was still at 12.5 per cent in 2004, whereas that of men was at 4.4 per cent. The Committee also notes that women with primary, secondary and tertiary level training continue to experience higher levels of unemployment when compared to men of similar levels of training. The Committee requests the Government to explain the reasons for these significant differences and to supply in its next report information on measures taken or envisaged, including by the National Employment Service, to promote equal access of women to employment and occupation. In this regard, the Committee notes from the Government’s report on Convention No. 100 that it is currently developing, in a participatory approach, a Gender Policy which will address the employment situation of men and women, including inequalities in pay, recruitment, promotion and access to opportunities such as training. The Committee asks the Government to keep it informed about any developments in this regard and to provide a copy of the Gender Policy when adopted. Please also continue to provide statistical information, disaggregated by sex, on the employment situation of men and women and include figures disaggregated by ethnicity, when available.

3. Promotion of equality of opportunity and treatment of women and ethnic minorities. Recalling its previous comments on the initiatives taken by the Police Service Commission, the Department of Personnel Administration and its Policy and Research Unit to promote equal access of women and ethnic minorities to employment in all areas of the civil service, including justices, the Committee notes the Government’s statement that the requested information will be forwarded to the Office as soon as it is available. The Committee hopes that the Government will include information, including statistical data, on the impact of the aforementioned initiatives on the employment opportunities of women and ethnic minorities.

4. Article 3(e). Vocational training. With respect to the promotion of women’s participation in non-traditional vocational training branches, the Committee notes the programmes undertaken by the Government. It notes the Women in Harmony Project which offers low income or household women training in agriculture, landscaping, growbox technology and elderly care, as well as the non-traditional skills training for women, which trains women in masonry, bricklaying and tile laying, air conditioning and refrigeration, plumbing and upholstery and technical fields. The Committee asks the Government to continue to provide information, including statistical data, on the progress made in promoting and providing vocational training in non-traditional branches to women, and the measures taken to ensure that such training leads to employment.

5. Article 5. Prohibition of women performing certain jobs. The Committee notes with interest the enactment of the Occupational Safety and Health Act No. 1 of 2004, which in section 98 repeals the Factories Ordinance, 1948 and the Employment of Women (Night Work) Act, which contained provisions excluding women from certain jobs. Noting that section 98(2) provides that any regulations, orders or statutory instruments made under the Factories Ordinance shall continue to be in force, the Committee asks the Government to indicate in its next report if there are any other protective measures still in effect excluding women from certain types of employment.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes the communication from the Employers’ Consultative Association (ECA) of Trinidad and Tobago of 12 August 2005, which has been sent to the Government for its comments thereon.

1. Article 1 of the Convention. Application in law. The Committee notes the Government’s confirmation that the Equal Opportunity Act was declared unconstitutional by the High Court of Trinidad and Tobago on 10 May 2004 and that an appeal was subsequently filed against this decision. Owing to this, the Equal Opportunity Commission remains at present inoperable. The Committee notes further the statement by the ECA that a review of the law is being undertaken. The Committee asks the Government to keep it informed about the appeal of the High Court decision and any new developments with respect to the status of the Equal Opportunity Act, or any other legislation adopted relating to equality of opportunity and treatment in employment and occupation.

2. For over 15 years the Committee has expressed its concern about 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). 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. However, in order to avoid the potential discriminatory impact of such a provision on women, the Committee had suggested that the Civil Service Regulations be amended to require notification of name change of both men and women. The Committee regrets that, despite the fact that the Government has repeated for many years that measures had been taken to repeal and amend the discriminatory provisions of the various Regulations noted above, no such action has yet been undertaken. It is, therefore, bound to recall that under Article 3(c) of the Convention, every Member must, by methods appropriate to national conditions and practice, repeal any statutory provisions and modify any administrative instructions or practices that are inconsistent with the policy designed to promote equality of opportunity and treatment in respect of employment and occupation. The Committee urges the Government to take serious action to bring the aforementioned legal provisions into conformity with the Convention and to submit copies of the revised legislation as soon as adopted.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 1(1)(a) of the Convention. Sexual Harassment. The Committee notes the absence of a legal provision prohibiting sexual harassment. The Committee also notes the Government’s statement that the draft Basic Conditions of Work Bill 2000, which would have prohibited sexual harassment by the employer or a fellow employee during the course of employment or at any workplace, has been withdrawn. It requests the Government to provide information on any other measures, including legislation, taken or envisaged to prevent and prohibit sexual harassment in employment and occupation.

2. Article 2. Equality of opportunity and treatment of men and women. The Committee notes from the statistical information attached to the Government’s report that significant disparities between the employment situation of men and women persist. The female unemployment rate, though progressively dropping since 1998, was still at 12.5 per cent in 2004, whereas that of men was at 4.4 per cent. The Committee also notes that women with primary, secondary and tertiary level training continue to experience higher levels of unemployment when compared to men of similar levels of training. The Committee requests the Government to explain the reasons for these significant differences and to supply in its next report information on measures taken or envisaged, including by the National Employment Service, to promote equal access of women to employment and occupation. In this regard, the Committee notes from the Government’s report on Convention No. 100 that it is currently developing, in a participatory approach, a Gender Policy which will address the employment situation of men and women, including inequalities in pay, recruitment, promotion and access to opportunities such as training. The Committee asks the Government to keep it informed about any developments in this regard and to provide a copy of the Gender Policy when adopted. Please also continue to provide statistical information, disaggregated by sex, on the employment situation of men and women and include figures disaggregated by ethnicity, when available.

3. Promotion of equality of opportunity and treatment of women and ethnic minorities. Recalling its previous comments on the initiatives taken by the Police Service Commission, the Department of Personnel Administration and its Policy and Research Unit to promote equal access of women and ethnic minorities to employment in all areas of the civil service, including justices, the Committee notes the Government’s statement that the requested information will be forwarded to the Office as soon as it is available. The Committee hopes that the Government will include information, including statistical data, on the impact of the aforementioned initiatives on the employment opportunities of women and ethnic minorities.

4. Article 3(e). Vocational training. With respect to the promotion of women’s participation in non-traditional vocational training branches, the Committee notes the programmes undertaken by the Government. It notes the Women in Harmony Project which offers low income or household women training in agriculture, landscaping, growbox technology and elderly care, as well as the non-traditional skills training for women, which trains women in masonry, bricklaying and tile laying, air conditioning and refrigeration, plumbing and upholstery and technical fields. The Committee asks the Government to continue to provide information, including statistical data, on the progress made in promoting and providing vocational training in non-traditional branches to women, and the measures taken to ensure that such training leads to employment.

5. Article 5. Prohibition of women performing certain jobs. The Committee notes with interest the enactment of the Occupational Safety and Health Act No. 1 of 2004, which in section 98 repeals the Factories Ordinance, 1948 and the Employment of Women (Night Work) Act, which contained provisions excluding women from certain jobs.

Noting that section 98(2) provides that any regulations, orders or statutory instruments made under the Factories Ordinance shall continue to be in force, the Committee asks the Government to indicate in its next report if there are any other protective measures still in effect excluding women from certain types of employment.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report and the attached statistical information. It also notes the communication from the Employers’ Consultative Association (ECA) of Trinidad and Tobago of 12 August 2005, which has been sent to the Government for its comments thereon.

1. Article 1 of the Convention. Application in law. The Committee notes the Government’s confirmation that the Equal Opportunity Act was declared unconstitutional by the High Court of Trinidad and Tobago on 10 May 2004 and that an appeal was subsequently filed against this decision. Owing to this, the Equal Opportunity Commission remains at present inoperable. The Committee notes further the statement by the ECA that a review of the law is being undertaken. The Committee asks the Government to keep it informed about the appeal of the High Court decision and any new developments with respect to the status of the Equal Opportunity Act, or any other legislation adopted relating to equality of opportunity and treatment in employment and occupation.

2. For over 15 years the Committee has expressed its concern about 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). 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. However, in order to avoid the potential discriminatory impact of such a provision on women, the Committee had suggested that the Civil Service Regulations be amended to require notification of name change of both men and women. The Committee regrets that, despite the fact that the Government has repeated for many years that measures had been taken to repeal and amend the discriminatory provisions of the various Regulations noted above, no such action has yet been undertaken. It is, therefore, bound to recall that under Article 3(c) of the Convention, every Member must, by methods appropriate to national conditions and practice, repeal any statutory provisions and modify any administrative instructions or practices that are inconsistent with the policy designed to promote equality of opportunity and treatment in respect of employment and occupation. The Committee urges the Government to take serious action to bring the aforementioned legal provisions into conformity with the Convention and to submit copies of the revised legislation as soon as adopted.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the relevant points raised in its previous direct request, the relevant parts of which read as follows:

[…]

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. 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.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It also regrets that the Equal Opportunities Act, 2000, was declared unconstitutional by the High Court of Justice, in its judgement of 10 May 2004 (H.C.A 1526/2003), for reasons relating among others to the establishment and functioning of the enforcement bodies set up under the Act. Recalling that it had welcomed the adoption of the Act which for the first time provided legislative protection from discrimination in employment and occupation, the Committee hopes that the Government will make every effort to draw up new anti-discrimination legislation applying the Convention. Please indicate any measures taken in this regard.

The Committee is raising other points in a request addressed directly to the Government.

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

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.

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

The Committee notes with interest the adoption of the Equal Employment Act, 2000, which prohibits discrimination on the basis of sex, race, ethnicity, origin, religion, marital status or disability in relation to employment, education, the provision of goods and services, as well as accommodation. The Committee notes that discrimination in employment as defined by the Act includes discrimination as regards recruitment, hiring, terms and conditions of employment, promotion, transfer and training, access to facilities or services associated with employment or any other benefit, vocational training, as well as dismissal or subjecting a person to any other detriment. The Committee also notes that the Act establishes an Equal Opportunity Commission and an Equal Opportunity Tribunal. Referring to previous comments noting the lack of legislative protection, the Committee welcomes the adoption of the new Act. It notes, however, that political opinion is not mentioned as one of the prohibited grounds. It requests the Government to indicate the reasons for this omission, as well as the manner in which discrimination on grounds of political opinion is prohibited in employment in practice and hopes that the Government will consider amending the Act, bringing it fully in line with Article 1(1)(a) of the Convention. The Committee requests the Government to provide in its next report information on the implementation of the Act, including indications as to the impact of the legislation on achieving equality in employment and occupation.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at is next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest the adoption of the Maternity Protection Act of 1997 which, inter alia, provides protection to all working women in respect of the terms and conditions and security of their employment during pregnancy and maternity leave periods. It further notes that work is still ongoing as regards the development of legislation on equal opportunity. In this regard, it notes the holding of an equal opportunity public forum and workshop to discuss equality issues in light of the preparation of legislation. The Committee notes the Government's indication that it is anticipated that the proposed bill will be read in Parliament during its 1998-99 session, and that, in its present format, the bill generally seeks to prohibit certain kinds of discrimination, to promote equality of opportunity, to establish an equal opportunity commission and an equal opportunity tribunal. Noting that no legislative provisions currently exist to protect against discrimination in employment and occupation, the Committee hopes that any legislation adopted will be in conformity with the Convention.

2. Further to the Committee's previous comments concerning the discriminatory nature of provisions in 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; section 58 of the Statutory Authorities' Service Commission Regulations), 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 the Government's indication that these Regulations are being comprehensively revised, one of the general objectives of the revision being the removal of any element of discrimination which might exist in the Regulations. The Committee hopes that the Government will be able to inform it in its next report that the discriminatory provisions of the Regulations have been removed.

3. With regard to its previous comments concerning the status of implementation of the recommendations contained in a survey entitled "Ethnicity and employment practices" of the Centre for Ethnic Studies of the University of the West Indies, the Committee notes the Government's indication that no clear evidence is available as to the extent of the implementation of the recommendations. It recalls that the 16 recommendations made with regard to the public sector concerned the need for non-discriminatory recruitment practices in the public service in view of the study's findings concerning racial and ethnic discrimination, and the eight recommendations for the private sector commenced with a call for firms to "take immediate steps to draw up clearly written equal opportunity programmes relating to recruitment, training and promotion". Noting that a programme of public sector reform has been initiated, within which the establishment of human resource units have been a prominent feature, and some devolution of authority and functions of the Public Service Commission has taken place, the Committee requests the Government to provide information on proactive measures taken or envisaged with regard to the implementation of the recommendations, taking into account the ongoing process of structural reform of the public service.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information in the Government's reports.

1. The Committee notes with interest the adoption of the Maternity Protection Act of 1997 which, inter alia, provides protection to all working women in respect to the terms and conditions and security of their employment during pregnancy and maternity leave periods. It further notes that work is still ongoing as regards the development of legislation on equal opportunity. In this regard, it notes the holding of an Equal Opportunity Public Forum and Workshop to discuss equality issues in light of the preparation of legislation. The Committee notes the Government's indication that it is anticipated that the proposed Bill will be read in Parliament during its 1998-99 session, and that, in its present format, the Bill generally seeks to prohibit certain kinds of discrimination, to promote equality of opportunity, to establish an Equal Opportunity Commission and an Equal Opportunity Tribunal. Noting that no legislative provisions currently exist to protect against discrimination in employment and occupation, the Committee hopes that any legislation adopted will be in conformity with the Convention.

2. Further to the Committee's previous comments concerning the discriminatory nature of provisions in 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; section 58 of the Statutory Authorities' Service Commission Regulations), 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 the Government's indication that these Regulations are being comprehensively revised, one of the general objectives of the revision being the removal of any element of discrimination which might exist in the Regulations. The Committee hopes that the Government will be able to inform it in its next report that the discriminatory provisions of the Regulations have been removed.

3. With regard to its previous comments concerning the status of implementation of the recommendations contained in a survey entitled "Ethnicity and Employment Practices" of the Centre for Ethnic Studies of the University of the West Indies, the Committee notes the Government's indication that no clear evidence is available as to the extent of the implementation of the recommendations. It recalls that the 16 recommendations made with regard to the public sector concerned the need for non-discriminatory recruitment practices in the public service in view of the study's findings concerning racial and ethnic discrimination, and the eight recommendations for the private sector commenced with a call for firms to "take immediate steps to draw up clearly written equal opportunity programmes relating to recruitment, training and promotion". Noting that a Programme of Public Sector Reform has been initiated, within which the establishment of human resource units have been a prominent feature and some devolution of authority and functions of the Public Service Commission has taken place, the Committee requests the Government to provide information on proactive measures taken or envisaged with regard to the implementation of the recommendations, taking into account the ongoing process of structural reform of the public service.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee has for some years raised the discriminatory nature of provisions in several government regulations which provide that married female officers may have their employment terminated if family obligations affect efficient performance of duties (section 57 of the Public Service Commission Regulations; section 52 of the Police Service Commission Regulations; section 58 of the Statutory Authorities' Service Commission Regulations). The Committee has also raised the discriminatory nature of section 14(2) of the Civil Service Regulations, which provides that a female officer who marries must report the fact of her marriage to the Public Service Commission.

Noting from the Government's report that, in the context of the current review of the relevant pension laws, these provisions are receiving active consideration, the Committee again asks the Government to take measures to amend or repeal these provisions so as to ensure equality in employment between male and female officers in conformity with the Convention.

2. The Committee notes from the Government's report that initiatives have begun concerning development of legislation on equal opportunity with a view to its finalization. The Committee requests the Government to keep it informed of progress in the drafting and adoption of this legislative text, and would appreciate receiving a copy of it with the Government's next report.

The Committee trusts that the text will cover discrimination in both access to training, access to employment, and terms and conditions of employment, particularly since the Ombudsman's 16th Annual Report (for 1993, annexed to the Government's report) highlights the fact that "there has been an increase in the number of complaints received from daily paid employees alleging discrimination in selection for employment and promotion ...".

3. The Committee notes that the Centre for Ethnic Studies of the University of the West Indies completed a survey entitled "Ethnicity and employment practices" in the public and private sectors which was the subject of public discussions throughout 1994. From the copy of that study (provided with the Government's report) the Committee notes that 16 recommendations were made concerning the public sector, in particular the need for non-discriminatory recruitment practices in the public service in view of the study's findings concerning racial and ethnic discrimination. There were also eight recommendations for the private sector, commencing with the call for firms to "take immediate steps to draw up clearly written equal opportunity programmes relating to recruitment, training and promotion". The Committee would appreciate receiving information in the Government's next report on the status of these recommendations, in particular any reaction from the Public Service Commission in the current period of structural reform of the public service.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct requests, which read as follows:

1. For several years the Committee has drawn the Government's attention to the incompatibility with the Convention of the provisions of section 57 of the Public Service Commission Regulations, section 52 of the Police Service Commission Regulations, and section 58 of the Statutory Authorities' Service Commission Regulations, which all provide that married female officers may have their employment terminated if family obligations affect efficient performance of duties; and, section 14(2) of the Civil Service Regulations, which provides that a female officer who marries must report the fact of her marriage to the Public Service Commission.

Noting the Government's statement that it will undertake efforts to address these matters, the Committee hopes the Government will be in a position to indicate, in its next report, that measures have been taken to repeal or amend the above Regulations so as to ensure equality in employment between male and female public officials in conformity with the provisions of the Convention.

2. The Committee notes the Government's confirmation in its report that the country has no legislation to prevent discriminatory action in private and non-governmental agencies and that efforts will be made towards appropriate action in this regard. The Committee requests the Government to provide information on any action taken to extend legislative prohibition of discrimination and promotion of equality in employment and occupation to the private sector. It further requests the Government to indicate the measures taken, other than legislation, to promote a national policy of equality of opportunity and treatment in employment and occupation in the private as well as the public sector on all the grounds covered by the Convention other than sex which is the subject of the 1989 National Policy Statement (race, colour, religion, national extraction, political opinion and social origin).

3. (a) The Committee notes with interest the National Policy Statement on Women issued in 1989, in particular sections X and XI of the policy objectives. With respect to section X, the Policy states that "Government plans for reducing the unemployment levels will include special measures to encourage and assist female entrepreneurs including rural women particularly as regards access to credit and banking facilities". The Committee requests the Government to indicate any measures taken to implement this policy objective and any results achieved.

(b) The Committee also notes from section XI of the Policy that "women will be encouraged to aspire to positions at the decision and policy-making levels in all sectors, including trade unions, cooperatives, media, politics and non-traditional areas". It further notes from the 1970 and 1980 census reports supplied by the Government that the number of men in administrative positions and managerial positions has continued to be significantly predominant over the number of women. Given the relatively low number of women represented in this category, the Committee requests the Government to provide information on any measures taken to encourage and facilitate the entry of women into decision-making and managerial positions and the outcome of such measures.

(c) Noting the information provided on the structure and responsibilities of the Women's Affairs Division of the Ministry of Community Development, Culture and Women's Affairs, the Committee requests the Government to continue to provide information on the activities, including any studies, undertaken by the Division aimed at promoting equality of opportunity and treatment between men and women in employment and particular occupations.

4. The Committee notes the Government's statement that no analogous legislation exists for private schools as for public schools, which prohibits refusal of admission to any public school on account of religious persuasion, race, social status or language of such person or the parents of such person (Education Act of 1966), but that the question of taking measures to promote equality on such grounds is being pursued with the relevant agencies. Nevertheless, the Committee notes from the statistics provided by the Government that, in practice, a significant percentage of pupils who attend private religiously affiliated schools are of denominations other than that of the school, thus indicating that religion is not a criterion of admission in these schools. The Committee would therefore be grateful if the Government would indicate in future reports whether consideration is being given to extend private schools the admission grounds listed above and which apply to public schools.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee takes note of the information supplied in the Government's report, in particular the extensive documentation describing elements of the national policy of equality of opportunity and treatment in employment.

1. The Committee has for some years raised the discriminatory nature of provisions in several government regulations which provide that married female officers may have their employment terminated if family obligations affect efficient performance of duties (section 57 of the Public Service Commission Regulations; section 52 of the Police Service Commission Regulations; section 58 of the Statutory Authorities' Service Commission Regulations). The Committee has also raised the discriminatory nature of section 14(2) of the Civil Service Regulations, which provides that a female officer who marries must report the fact of her marriage to the Public Service Commission.

Noting from the Government's report that, in the context of the current review of the relevant pension laws, these provisions are receiving active consideration, the Committee again asks the Government to take measures to amend or repeal these provisions so as to ensure equality in employment between male and female officers in conformity with the Convention.

2. The Committee notes from the Government's report that initiatives have begun concerning development of legislation on equal opportunity with a view to its finalization. The Committee requests the Government to keep it informed of progress in the drafting and adoption of this legislative text, and would appreciate receiving a copy of it with the Government's next report.

The Committee trusts that the text will cover discrimination in both access to training, access to employment, and terms and conditions of employment, particularly since the Ombudsman's 16th Annual Report (for 1993, annexed to the Government's report) highlights the fact that "there has been an increase in the number of complaints received from daily paid employees alleging discrimination in selection for employment and promotion ...".

3. The Committee notes that the Centre for Ethnic Studies of the University of the West Indies completed a survey entitled "Ethnicity and employment practices" in the public and private sectors which was the subject of public discussions throughout 1994. From the copy of that study (provided with the Government's report) the Committee notes that 16 recommendations were made concerning the public sector, in particular the need for non-discriminatory recruitment practices in the public service in view of the study's findings concerning racial and ethnic discrimination. There were also eight recommendations for the private sector, commencing with the call for firms to "take immediate steps to draw up clearly written equal opportunity programmes relating to recruitment, training and promotion". The Committee would appreciate receiving information in the Government's next report on the status of these recommendations, in particular any reaction from the Public Service Commission in the current period of structural reform of the public service.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with thanks the information supplied by the Government in reply to its previous request for copies of the annual Ombudsman reports, the most recent census reports, the Registry of Community Organizations, the Criteria and Procedures for the Registration of Community Organizations and the summary of the Adult Education Programmes.

1. For several years the Committee has drawn the Government's attention to the incompatibility with the Convention of the provisions of section 57 of the Public Service Commission Regulations, section 52 of the Police Service Commission Regulations, and section 58 of the Statutory Authorities' Service Commission Regulations, which all provide that married female officers may have their employment terminated if family obligations affect efficient performance of duties; and, section 14(2) of the Civil Service Regulations, which provides that a female officer who marries must report the fact of her marriage to the Public Service Commission.

Noting the Government's statement that it will undertake efforts to address these matters, the Committee hopes the Government will be in a position to indicate, in its next report, that measures have been taken to repeal or amend the above Regulations so as to ensure equality in employment between male and female public officials in conformity with the provisions of the Convention.

2. The Committee notes the Government's confirmation in its report that the country has no legislation to prevent discriminatory action in private and non-governmental agencies and that efforts will be made towards appropriate action in this regard. The Committee requests the Government to provide information on any action taken to extend legislative prohibition of discrimination and promotion of equality in employment and occupation to the private sector. It further requests the Government to indicate the measures taken, other than legislation, to promote a national policy of equality of opportunity and treatment in employment and occupation in the private as well as the public sector on all the grounds covered by the Convention other than sex which is the subject of the 1989 National Policy Statement (race, colour, religion, national extraction, political opinion and social origin).

3. (a) The Committee notes with interest the National Policy Statement on Women issued in 1989, in particular sections X and XI of the policy objectives. With respect to section X, the Policy states that "Government plans for reducing the unemployment levels will include special measures to encourage and assist female entrepreneurs including rural women particularly as regards access to credit and banking facilities". The Committee requests the Government to indicate any measures taken to implement this policy objective and any results achieved.

(b) The Committee also notes from section XI of the Policy that "women will be encouraged to aspire to positions at the decision and policy-making levels in all sectors, including trade unions, cooperatives, media, politics and non-traditional areas". It further notes from the 1970 and 1980 census reports supplied by the Government that the number of men in administrative positions and managerial positions has continued to be significantly predominant over the number of women. Given the relatively low number of women represented in this category, the Committee requests the Government to provide information on any measures taken to encourage and facilitate the entry of women into decision-making and managerial positions and the outcome of such measures.

(c) Noting the information provided on the structure and responsibilities of the Women's Affairs Division of the Ministry of Community Development, Culture and Women's Affairs, the Committee requests the Government to continue to provide information on the activities, including any studies, undertaken by the Division aimed at promoting equality of opportunity and treatment between men and women in employment and particular occupations.

4. The Committee notes the Government's statement that no analogous legislation exists for private schools as for public schools, which prohibits refusal of admission to any public school on account of religious persuasion, race, social status or language of such person or the parents of such person (Education Act of 1966), but that the question of taking measures to promote equality on such grounds is being pursued with the relevant agencies. Nevertheless, the Committee notes from the statistics provided by the Government that, in practice, a significant percentage of pupils who attend private religiously affiliated schools are of denominations other than that of the school, thus indicating that religion is not a criterion of admission in these schools. The Committee would therefore be grateful if the Government would indicate in future reports whether consideration is being given to extend private schools the admission grounds listed above and which apply to public schools.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee has previously noted the provisions of article 93 of the 1976 Constitution, under which an Ombudsman may investigate any decision or recommendation made or any act done or omitted by any department of Government or any other authority which might be in violation of article 4(d) of the 1976 Constitution which establishes the right to equality of treatment from any public authority in the exercise of any functions without discrimination based on race, origin, colour, religion or sex.

The Committee notes from the report submitted by the Government to the United Nations in 1986 (CERD/C/116/Add.3) that the Ombudsman submits annual reports to the Parliament. The Committee asks the Government to furnish a copy of the most recent such report. The Committee asks also that a copy of the most recent such annual report be sent along with each of the Government's future reports and that it indicate measures taken or under consideration to promote the application of the principle of equality of opportunity and treatment by private persons.

2. The Committee notes from the Government's report for the period ending 30 June 1988 that the National Commission on the Status of Women no longer exists as a separate entity, but is now part of the overall larger organization of the Ministry of Community Development, Welfare and the Status of Women. The Committee asks again that the Government supply full information on any work of the National Commisssion on the Status of Women intended to promote equality of opportunity and treatment between men and women in respect of access to employment and occupation.

3. The Committee notes the statement made by the Government in its report, that enshrined in the Constitution of Trinidad and Tobago and inherent in all the labour legislation of the country is the principle of equality of opportunity and treatment between men and women in respect of access to employment and occupation and that the Ministry of Community Development, Welfare and the Status of Women therefore is not involved in any special programmes of activity to further promote this principle.

The Committee asks the Government to confirm its understanding that the Constitution of 1976 prohibits discriminatory action done by public authorities in respect of employment and occupation and that there is no such prohibition in Trinidad and Tobago legislation with respect to private, non-governmental action. If this understanding is incorrect the Government is asked to provide a copy of labour legislation which guarantees in the private sector equal opportunity in employment and occupation.

Recalling the explanations in paragraphs 193 through 236 and 240 of its 1988 General Survey on Equality in Employment and Occupation, on means of promoting and enforcing a national policy of equal opportunity and treatment and the need for continuous action, the Committee asks the Government to indicate what ministry, or ministries, or other public authorities are involved in promoting this policy as required by Article 3 of the Convention.

The Committee also asks that the Government provide a copy of the most recent registry of community organizations mentioned under Target 1(a) of the "Community Development Programme 1984/85": a copy of the law, rules or regulations setting forth the qualifying criteria and procedures provided for recognition and registration of community organizations mentioned in Target 1(a) of the "Programme"; full information on the programme courses available in the "new brand" of adult education noted under Target 4 of the Programme; and full information on programmes of the Women's Desk mentioned in Target 4(e) of the "Programme".

4. In previous comments, the Committee has noted section 57 of the Public Service Commission Regulations (Subsidiary Legislation, Chapter 1:01), section 52 of the Police Service commission Regulations (Subsidiary Legislation, Chapter 1:01) and section 58 of the Statutory Authorities' Service Commission Regulations (Subsidiary Legislation, Chapter 24:01), which all provide that married female officers may be terminated if family obligations affect efficient performance of duties. Under section 14, subsection 2, of the Civil Service Regulations (Subsidiary Legislation, Chapter 23:01), a female officer who marries must report the fact of her marriage to the Public Service Commission.

In its most recent report, the Government states that a committee has been appointed under the chairmanship of the Permanent Secretary to the Prime Minister and Head of the Public Service to undertake a review of all the Service Acts and their relevant regulations and that the comments of the Committee of Experts regarding the above-mentioned sections will be considered in its deliberations.

The Committee takes due note of these indications. It recalls that under Article 3(c) of the Convention, every Member must, by methods appropriate to national conditions and practice, repeal any statutory provisions and modify any administrative instructions or practices that are inconsistent with the policy designed to promote equality of opportunity and treatment in respect of employment and occupation.

The Committee asks the Government to indicate the measures taken or under consideration to bring the above-mentioned legal provisions into conformity with the Convention.

5. The Committee has noted in earlier comments that during the 1960 census, statistics were established on the active population of Trinidad and Tobago by race, educational attainment and occupational group; the Committee asked that more recent statistics, on a corresponding basis, be forwarded.

The Committee notes the Government's indication that the results of general population censuses undertaken in 1970 and 1980 have not yet been published. The Committee asks the Government to indicate in its next report when these statistics are expected to be published and, in the interim, what statistical materials are available relating, by race and sex, to educational attainment and occupational group.

6. In an earlier report, the Committee noted that by virtue of section 7 of Act No. 1 of 1966 respecting education, as amended (Chapter 39:01), no person may be refused admission to any public school on account of the religious persuasion, race, social status or language of such person or of his parents. The Committee notes the Government's statement that there is no case on record of any person being refused admission to any public school in Trinidad and Tobago on account of the religious persuasion, race, social status or language of such persons or their parents.

The Government is asked if there is legislation analogous to section 7 of Act No. 1 of 1966 to cover private schools. If so, the Government is asked to send a copy with its next report. The Government is also asked to indicate any measures taken or envisaged to promote equality in admission to private schools irrespective of religious persuasion, race, social status or language of the candidates or their parents. In this regard, the Committee notes the Government's information in its report to the United Nations in 1986, mentioned above, that of the 466 primary schools in Trinidad and Tobago, 349 are religiously affiliated.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided by the Government in reports received covering the period from 1 July 1983 to 30 June 1988.

1. The Committee has previously noted the provisions of section 93 of the 1976 Constitution, under which an Ombudsman may investigate any decision or recommendation made or any act done or omitted by any department of Government or any other authority which might be in violation of section 4(d) of the 1976 Constitution which establishes the right to equality of treatment from any public authority in the exercise of any functions without discrimination by reason of race, origin, colour, religion or sex, under.

The Committee notes from the report submitted by the Government to the United Nations in 1986 (CERD/C/116/Add.3) that the Ombudsman submits annual reports to the Parliament. The Committee asks the Government to furnish a copy of the most recent such report. The Committee asks also that a copy of the most recent such annual report be sent along with each of the Government's future reports and that it indicate measures taken or under consideration to promote the application of the principle of equality of opportunity and treatment by private persons.

2. The Committee notes from the report of the Government for the period ending 30 June 1988 that the National Commission on the Status of Women no longer exists as a separate entity, but is now part of the overall larger organisation of the Ministry of Community Development, Welfare and the Status of Women. The Committee asks again that the Government supply full information on any work of the National Commisssion on the Status of Women intended to promote equality of opportunity and treatment between men and women in respect of access to employment and occupation.

3. The Committee notes the statement made by the Government in its report, that enshrined in the Constitution of Trinidad and Tobago and inherent in all the labour legislation of the country is the principle of equality of opportunity and treatment between men and women in respect of access to employment and occupation and that the Ministry of Community Development, Welfare and the Status of Women therefore is not involved in any special programmes of activity to further promote this principle.

The Committee asks the Government to confirm its understanding that the Constitution of 1976 prohibits discriminatory action done by public authorities in respect of employment and occupation and that there is no such prohibition in Trinidad and Tobago legislation with respect to private, non-governmental action. If this understanding is incorrect the Government is asked to provide a copy of labour legislation which guarantees in the private sector equal opportunity in employment and occupation.

Recalling the explanations in paragraphs 193 through 236 and 240 of its 1988 General Survey on Equality in Employment and Occupation, on means of promoting and enforcing a national policy of equal opportunity and treatment and the need for continuous action, the Committee asks the Government to indicate what ministry, or ministries, or other public authorities are involved in promoting this policy as required by Article 3 of the Convention.

The Committee also asks that the Government provide a copy of the most recent registry of community organisations mentioned under Target 1(a) of the "Community Development Programme 1984/85": a copy of the law, rules or regulations setting forth the qualifying criteria and procedures provided for recognition and registration of community organisations mentioned in Target 1(a) of the "Programme"; full information on the programme courses available in the "new brand" of adult education noted under Target 4 of the Programme; and full information on programmes of the Women's Desk mentioned in Target 4(e) of the "Programme".

4. In previous comments, the Committee has noted section 57 of the Public Service Commission Regulations (Subsidiary Legislation, Chapter 1:01), section 52 of the Police Service commission Regulations (Subsidiary Legislation, Chapter 1:01) and section 58 of the Statutory Authorities' Service Commission Regulations (Subsidiary Legislation, Chapter 24:01), which all provide that married female officers may be terminated if family obligations affect efficient performance of duties. Under section 14, subsection 2, of the Civil Service Regulations (Subsidiary Legislation, Chapter 23:01), a female officer who marries must report the fact of her marriage to the Public Service Commission.

In its most recent report, the Government states that a committee has been appointed under the chairmanship of the Permanent Secretary to the Prime Minister and Head of the Public Service to undertake a review of all the Service Acts and their relevant regulations and that the comments of the Committee of Experts regarding the above-mentioned sections will be considered in its deliberations.

The Committee takes due note of these indications. It recalls that under Article 3(c) of the Convention, every Member must, by methods appropriate to national conditions and practice, repeal any statutory provisions and modify any administrative instructions or practices that are inconsistent with the policy designed to promote equality of opportunity and treatment in respect of employment and occupation.

The Committee asks the Government to indicate the measures taken or under consideration to bring the above-mentioned legal provisions into conformity with the Convention.

5. The Committee has noted in earlier comments that during the 1960 census, statistics were established on the active population of Trinidad and Tobago by race, educational attainment and occupational group; the Committee asked that corresponding more recent statistics be forwarded.

The Committee notes the Government's indication that the results of general population censuses undertaken in 1970 and 1980 have not yet been published. The Committee asks the Government to indicate in its next report when these statistics are expected to be published and, in the interim, what statistical materials are available relating, by race and sex, to educational attainment and occupational group.

6. In an earlier report, the Committee noted that by virtue of section 7 of Act No. 1 of 1966 respecting education, as amended (Chapter 39:01), no person may be refused admission to any public school on account of the religious persuasion, race, social status or language of such person or of his parents. The Committee notes the Government's statement that there is no case on record of any person being refused admission to any public school in Trinidad and Tobago on account of the religious persuasion, race, social status or language of such person or his parents.

The Government is asked if there is legislation analogous to section 7 of Article 1 of 1966 to cover private schools; if so the Government is asked to send a copy of it with the Government's next report. The Government is also asked to indicate any measures taken or envisaged to promote equality in admission to private schools irrespective of religious persuasion, race, social status or language of the candidate or his or her parents. In this regard, the Committee notes the Government's information in its report to the United Nations in 1986, mentioned above, that of the 466 primary schools in Trinidad and Tobago, 349 are religiously affiliated.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided by the Government in reports received covering the period from 1 July 1983 to 30 June 1988.

1. The Committee has previously noted the provisions of section 93 of the 1976 Constitution, under which an Ombudsman may investigate any decision or recommendation made or any act done or omitted by any department of Government or any other authority which might be in violation of section 4(d) of the 1976 Constitution which establishes the right to equality of treatment from any public authority in the exercise of any functions without discrimination by reason of race, origin, colour, religion or sex, under.

The Committee notes from the report submitted by the Government to the United Nations in 1986 (CERD/C/116/Add.3) that the Ombudsman submits annual reports to the Parliament. The Committee asks the Government to furnish a copy of the most recent such report. The Committee asks also that a copy of the most recent such annual report be sent along with each of the Government's future reports and that it indicate measures taken or under consideration to promote the application of the principle of equality of opportunity and treatment by private persons.

2. The Committee notes from the report of the Government for the period ending 30 June 1988 that the National Commission on the Status of Women no longer exists as a separate entity, but is now part of the overall larger organisation of the Ministry of Community Development, Welfare and the Status of Women. The Committee asks again that the Government supply full information on any work of the National Commisssion on the Status of Women intended to promote equality of opportunity and treatment between men and women in respect of access to employment and occupation.

3. The Committee notes the statement made by the Government in its report, that enshrined in the Constitution of Trinidad and Tobago and inherent in all the labour legislation of the country is the principle of equality of opportunity and treatment between men and women in respect of access to employment and occupation and that the Ministry of Community Development, Welfare and the Status of Women therefore is not involved in any special programmes of activity to further promote this principle.

The Committee asks the Government to confirm its understanding that the Constitution of 1976 prohibits discriminatory action done by public authorities in respect of employment and occupation and that there is no such prohibition in Trinidad and Tobago legislation with respect to private, non-governmental action. If this understanding is incorrect the Government is asked to provide a copy of labour legislation which guarantees in the private sector equal opportunity in employment and occupation.

Recalling the explanations in paragraphs 193 through 236 and 240 of its 1988 General Survey on Equality in Employment and Occupation, on means of promoting and enforcing a national policy of equal opportunity and treatment and the need for continuous action, the Committee asks the Government to indicate what ministry, or ministries, or other public authorities are involved in promoting this policy as required by Article 3 of the Convention.

The Committee also asks that the Government provide a copy of the most recent registry of community organisations mentioned under Target 1(a) of the "Community Development Programme 1984/85": a copy of the law, rules or regulations setting forth the qualifying criteria and procedures provided for recognition and registration of community organisations mentioned in Target 1(a) of the "Programme"; full information on the programme courses available in the "new brand" of adult education noted under Target 4 of the Programme; and full information on programmes of the Women's Desk mentioned in Target 4(e) of the "Programme".

4. In previous comments, the Committee has noted section 57 of the Public Service Commission Regulations (Subsidiary Legislation, Chapter 1:01), section 52 of the Police Service commission Regulations (Subsidiary Legislation, Chapter 1:01) and section 58 of the Statutory Authorities' Service Commission Regulations (Subsidiary Legislation, Chapter 24:01), which all provide that married female officers may be terminated if family obligations affect efficient performance of duties. Under section 14, subsection 2, of the Civil Service Regulations (Subsidiary Legislation, Chapter 23:01), a female officer who marries must report the fact of her marriage to the Public Service Commission.

In its most recent report, the Government states that a committee has been appointed under the chairmanship of the Permanent Secretary to the Prime Minister and Head of the Public Service to undertake a review of all the Service Acts and their relevant regulations and that the comments of the Committee of Experts regarding the above-mentioned sections will be considered in its deliberations.

The Committee takes due note of these indications. It recalls that under Article 3(c) of the Convention, every Member must, by methods appropriate to national conditions and practice, repeal any statutory provisions and modify any administrative instructions or practices that are inconsistent with the policy designed to promote equality of opportunity and treatment in respect of employment and occupation.

The Committee asks the Government to indicate the measures taken or under consideration to bring the above-mentioned legal provisions into conformity with the Convention.

5. The Committee has noted in earlier comments that during the 1960 census, statistics were established on the active population of Trinidad and Tobago by race, educational attainment and occupational group; the Committee asked that corresponding more recent statistics be forwarded.

The Committee notes the Government's indication that the results of general population censuses undertaken in 1970 and 1980 have not yet been published. The Committee asks the Government to indicate in its next report when these statistics are expected to be published and, in the interim, what statistical materials are available relating, by race and sex, to educational attainment and occupational group.

6. In an earlier report, the Committee noted that by virtue of section 7 of Act No. 1 of 1966 respecting education, as amended (Chapter 39:01), no person may be refused admission to any public school on account of the religious persuasion, race, social status or language of such person or of his parents. The Committee notes the Government's statement that there is no case on record of any person being refused admission to any public school in Trinidad and Tobago on account of the religious persuasion, race, social status or language of such person or his parents.

The Government is asked if there is legislation analogous to section 7 of Article 1 of 1966 to cover private schools; if so the Government is asked to send a copy of it with the Government's next report. The Government is also asked to indicate any measures taken or envisaged to promote equality in admission to private schools irrespective of religious persuasion, race, social status or language of the candidate or his or her parents. In this regard, the Committee notes the Government's information in its report to the United Nations in 1986, mentioned above, that of the 466 primary schools in Trinidad and Tobago, 349 are religiously affiliated.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the information provided by the Government in reports received covering the period from 1 July 1983 to 30 June 1988.

1. The Committee has previously noted the provisions of section 93 of the 1976 Constitution, under which an Ombudsman may investigate any decision or recommendation made or any act done or omitted by any department of Government or any other authority which might be in violation of section 4(d) of the 1976 Constitution which establishes the right to equality of treatment from any public authority in the exercise of any functions without discrimination by reason of race, origin, colour, religion or sex, under.

The Committee notes from the report submitted by the Government to the United Nations in 1986 (CERD/C/116/Add.3) that the Ombudsman submits annual reports to the Parliament. The Committee asks the Government to furnish a copy of the most recent such report. The Committee asks also that a copy of the most recent such annual report be sent along with each of the Government's future reports and that it indicate measures taken or under consideration to promote the application of the principle of equality of opportunity and treatment by private persons.

2. The Committee notes from the report of the Government for the period ending 30 June 1988 that the National Commission on the Status of Women no longer exists as a separate entity, but is now part of the overall larger organisation of the Ministry of Community Development, Welfare and the Status of Women. The Committee asks again that the Government supply full information on any work of the National Commisssion on the Status of Women intended to promote equality of opportunity and treatment between men and women in respect of access to employment and occupation.

3. The Committee notes the statement made by the Government in its report, that enshrined in the Constitution of Trinidad and Tobago and inherent in all the labour legislation of the country is the principle of equality of opportunity and treatment between men and women in respect of access to employment and occupation and that the Ministry of Community Development, Welfare and the Status of Women therefore is not involved in any special programmes of activity to further promote this principle.

The Committee asks the Government to confirm its understanding that the Constitution of 1976 prohibits discriminatory action done by public authorities in respect of employment and occupation and that there is no such prohibition in Trinidad and Tobago legislation with respect to private, non-governmental action. If this understanding is incorrect the Government is asked to provide a copy of labour legislation which guarantees in the private sector equal opportunity in employment and occupation.

Recalling the explanations in paragraphs 193 through 236 and 240 of its 1988 General Survey on Equality in Employment and Occupation, on means of promoting and enforcing a national policy of equal opportunity and treatment and the need for continuous action, the Committee asks the Government to indicate what ministry, or ministries, or other public authorities are involved in promoting this policy as required by Article 3 of the Convention.

The Committee also asks that the Government provide a copy of the most recent registry of community organisations mentioned under Target 1(a) of the "Community Development Programme 1984/85": a copy of the law, rules or regulations setting forth the qualifying criteria and procedures provided for recognition and registration of community organisations mentioned in Target 1(a) of the "Programme"; full information on the programme courses available in the "new brand" of adult education noted under Target 4 of the Programme; and full information on programmes of the Women's Desk mentioned in Target 4(e) of the "Programme".

4. In previous comments, the Committee has noted section 57 of the Public Service Commission Regulations (Subsidiary Legislation, Chapter 1:01), section 52 of the Police Service commission Regulations (Subsidiary Legislation, Chapter 1:01) and section 58 of the Statutory Authorities' Service Commission Regulations (Subsidiary Legislation, Chapter 24:01), which all provide that married female officers may be terminated if family obligations affect efficient performance of duties. Under section 14, subsection 2, of the Civil Service Regulations (Subsidiary Legislation, Chapter 23:01), a female officer who marries must report the fact of her marriage to the Public Service Commission.

In its most recent report, the Government states that a committee has been appointed under the chairmanship of the Permanent Secretary to the Prime Minister and Head of the Public Service to undertake a review of all the Service Acts and their relevant regulations and that the comments of the Committee of Experts regarding the above-mentioned sections will be considered in its deliberations.

The Committee takes due note of these indications. It recalls that under Article 3(c) of the Convention, every Member must, by methods appropriate to national conditions and practice, repeal any statutory provisions and modify any administrative instructions or practices that are inconsistent with the policy designed to promote equality of opportunity and treatment in respect of employment and occupation.

The Committee asks the Government to indicate the measures taken or under consideration to bring the above-mentioned legal provisions into conformity with the Convention.

5. The Committee has noted in earlier comments that during the 1960 census, statistics were established on the active population of Trinidad and Tobago by race, educational attainment and occupational group; the Committee asked that corresponding more recent statistics be forwarded.

The Committee notes the Government's indication that the results of general population censuses undertaken in 1970 and 1980 have not yet been published. The Committee asks the Government to indicate in its next report when these statistics are expected to be published and, in the interim, what statistical materials are available relating, by race and sex, to educational attainment and occupational group.

6. In an earlier report, the Committee noted that by virtue of section 7 of Act No. 1 of 1966 respecting education, as amended (Chapter 39:01), no person may be refused admission to any public school on account of the religious persuasion, race, social status or language of such person or of his parents. The Committee notes the Government's statement that there is no case on record of any person being refused admission to any public school in Trinidad and Tobago on account of the religious persuasion, race, social status or language of such person or his parents.

The Government is asked if there is legislation analogous to section 7 of Article 1 of 1966 to cover private schools; if so the Government is asked to send a copy of it with the Government's next report. The Government is also asked to indicate any measures taken or envisaged to promote equality in admission to private schools irrespective of religious persuasion, race, social status or language of the candidate or his or her parents. In this regard, the Committee notes the Government's information in its report to the United Nations in 1986, mentioned above, that of the 466 primary schools in Trinidad and Tobago, 349 are religiously affiliated.