Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (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.