Texts of pending comments

Articles 1 and 2 of the Convention. Assessing and addressing the gender pay gap. The Committee previously noted the persistence of occupational gender segregation and predominant gender pay gap in favour of men. It requested the Government to provide information on the concrete measures taken and the progress made in that regard. The Committee notes the Government’s indication that the draft National Policy on Gender and Development (NPGD), which contains initiatives aimed at addressing these issues, has not been adopted yet but that, in the meantime, the Cabinet has agreed to use the draft policy as an «official government policy pending its final adoption». The Committee regrets the lack of information provided by the Government on any concrete measures implemented to address occupational gender segregation or gender pay gap, pending the adoption of the NPGD. In that regard, it notes with concern, from the last available statistical information forwarded by the Government, that, in 2018, women employed in the same occupational categories or industrial groups as men systematically received lower remuneration in all of them (except in “other mining and quarrying” group), with average wage differentials between men and women being estimated at 12.75 per cent. It further notes that, in 2018, the gender pay gap between men and women ranged from 8.9 per cent for technicians and associate professionals, up to 34.7 per cent for service and shop sales workers and 35.8 per cent for plant and machine operators and assemblers. The statistics concerning the average monthly income by sex and industry also show a gender pay gap in favour of men (except in transport, storage and communication), ranging from 1.3 per cent in agriculture, up to 24.5 per cent in wholesale and retail trade, restaurants and hotels. The Committee further notes that, according to the 2020 Human Development Report from the United Nations Development Programme (UNDP), female participation in the labour market remains low at 50.1 per cent compared to 70.2 per cent for men, and the income inequality Gini coefficient (that is the measure of the deviation of the distribution of income among individuals or households within a country from a perfectly equal distribution; where a value of 0 represents absolute equality and a value of 1 (or 100 per cent) absolute inequality) was estimated at 0.323 in the 2019 index. It further notes that, as highlighted in 2021, in the context of the Universal Periodic Review (UPR), conducted under the auspice of the United Nations (UN) Human Rights Council, the UN Committee on the Elimination of Discrimination against Women (CEDAW) expressed specific concern at the wide gender wage gap and persistent occupational segregation in the labour market and specifically recommended the Government to reduce the gender wage gap by guaranteeing and enforcing the principle of equal pay for work of equal value in all sectors (A/HRC/WG.6/39/TTO/2, 26 August 2021, paragraphs 35 and 36 and CEDAW/C/TTO/CO/4-7, 25 July 2016, paragraphs 30 and 31). Regarding occupational gender segregation, the Committee refers the Government to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee urges the Government to step up its efforts in order to address the gender pay gap and its structural causes, including persistent occupational gender segregation of the labour market. It asks the Government to provide information on any concrete measures implemented to that end, as well as on any progress made in the adoption of the National Policy on Gender and Development. The Committee also asks the Government to provide detailed statistical data on the distribution of women and men in the various economic sectors and occupations, and their corresponding earnings, both in the private and public sectors.

Articles 1(b) and 2. Equal remuneration for men and women for work of equal value. Legislation. The Committee recalls that the Equal Opportunity Act, 2000, prohibits discrimination in employment but does not contain any specific provision regarding equal remuneration for men and women for work of equal value. Since 2003, the Committee has been requesting the Government to take steps to give full legislative expression to the principle of the Convention. It previously noted that, in 2018, consultations were held on the Industrial Relations Advisory Committee's (IRAC) Policy Recommendations on Employment Standards and a proposed list of definitions, and requested the Government to provide information on any progress made in that regard. The Committee notes the Government’s statement, in its report, that the elaboration of the Employment Standards Bill is still ongoing. The Government indicates that, since 2018, consultations have continued between the IRAC, the Minister of Labour and Small Enterprise Development (MOLSED), and national stakeholders on the draft Policy Recommendations, which suggest the inclusion of a provision providing that “men and women shall be entitled to equal pay for work of equal value”. The Government adds that, in August 2020, a new version of the draft Policy Recommendations was revised by relevant stakeholders through targeted consultations, prior to their submission to the Cabinet. The Committee takes note of this information. It however notes with concern the lack of progress towards a full legislative implementation of the principle contained in the Convention. It recalls, once again, that Article 2(2)(a) of the Convention specifies national laws and regulations as a method of applying the principle of the Convention and that guidance provided by the Equal Remuneration Recommendation, 1951 (No. 90) supports legal enactment for the general application of the principle. It emphasizes that legal provisions that are narrower than the principle laid down in the Convention – in that they do not give expression to the concept of “work of equal value” – hinder progress in eradicating gender-based pay discrimination (see 2012 General Survey on the fundamental Conventions, paragraph 679). In light of the ongoing legislative developments that have been under way for a number of years, the Committee urges the Government to give full legislative expression to the principle of the Convention, including through the adoption of the Employment Standards Bill. It asks the Government to provide information on any progress made in that regard, as well as on any proactive measures taken to raise awareness of the meaning of the principle of equal remuneration for work of equal value among workers, employers and their representative organizations and also among law enforcement officials. The Committee further asks the Government to provide information on the number, nature and outcome of cases of pay inequality between men and women dealt with by the labour inspectors, the Equal Opportunity Commission and Equal Opportunity Tribunal, the courts or any other competent authorities.

Articles 2(2)(c) and 4. Collective agreements and collaboration with the social partners. The Committee previously noted the continued use of non-gender-neutral terminology in collective agreements in order to describe certain categories of workers (such as “greaseman”, “watchman”, “handyman”, “charwoman”, “female scavenger”, etc.) which may reinforce stereotypes regarding whether certain jobs should be carried out by men or women, and thus increasing the likelihood of wage inequality. It noted the Government’s indication that gender-neutral designation of posts would be given consideration in the framework of the regrading and reclassification exercise for daily rated workers of the Port-of-Spain Corporation, and requested the Government to indicate how it was ensured that, in determining wage rates in collective agreements, the principle of equal remuneration for men and women for work of equal value was effectively taken into account by the social partners. The Committee notes the Government’s indication that the regrading and reclassification exercise for daily rated workers of the Port-of-Spain Corporation is still ongoing. Regarding collective agreements, the Government states that the Employers’ Consultative Association (ECA) provides collective bargaining services to all employers during the preparation and conduct of collective bargaining negotiations, in particular to include proposals for the use of gender-neutral language to describe job positions. The Government adds that the ECA has committed to continue exploring the possibility of adding the concept of equal pay for work of equal value to new or already existing interventions of its subsidiary, the Employers’ Solution Centre (ESC), which conducts training and awareness-raising activities for over 2,000 individuals per year. Recalling the important role played by the social partners in giving effect in practice to the principle of the Convention, more particularly in light of the absence of any legislation reflecting the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to take steps, in collaboration with employers’ and workers’ organizations, to ensure that gender-neutral terminology is used in defining the various jobs and classifications in collective agreements. It asks the Government to provide information on progress made in this regard, as well as to indicate the results of the regrading and reclassification exercise for daily rated workers of the Port-of-Spain Corporation. The Committee also asks the Government to provide information on the actions undertaken to promote the implementation of the principle of the Convention with the cooperation of the social partners, and the results of such initiatives. In this regard, it asks the Government to specify how it shares with the social partners the contours of the principle of equal remuneration for men and women for work of equal value and how the social partners take into account this principle in collective bargaining on wages.

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

Articles 1 and 2 of the Convention. Employment policy. The Committee previously noted that, due to resource constraints, the Minister of Labour and Small Enterprise Development (MOLSED), had been unable to continue the development of a Decent Work Policy and Programme of Action, but that the principles of the Decent Work Agenda, including the principle of equal remuneration for work of equal value, were taken into account as part of the current review of labour legislation. The Committee notes the Government’s statement, in its report, that the MOLSED continues its review and reform of existing labour legislation in order to ensure, amongst other things, alignment with the fundamental principle of equal remuneration for men and women for work of equal value. Recalling the importance of implementing fully the principle of equal remuneration for work of equal value, the Committee once again asks the Government to provide information on any developments in this regard, more specifically on any review of labour legislation undertaken with a view to ensuring the implementation of this principle, which lies at the heart of the fundamental right of gender equality.

Article 2(2)(b). National minimum wage. Referring to its previous comments where it requested information on the minimum wage, the Committee notes the adoption of Legal Notice No. 341 of 8 November 2019 which increased the national minimum wage from 15 Trinidadian dollars (TTD) to TTD17.50 per hour. The Committee welcomes this information. The Committee asks the Government to provide updated statistical information on the percentage of women and men who are paid the national minimum wage, as well on any obstacles encountered, in particular in sectors in which women predominate.

Article 3. Objective job evaluation. The Committee previously noted the Government’s indication that several job evaluation exercises had been implemented in the public service since the early 2000s and requested the Government to provide detailed information on the method used in that framework and the results achieved. It notes the Government’s statement that there is no detailed documentation on the methodology used but the public service relies on the Position Classification Method (PCM) of Job Evaluation. The Government adds that such method evaluates the value of the job, and not the person, comparing the job content to existing job descriptions. The evaluation is based on factors such as nature and scope of the job, authority, supervisory responsibility, training or experience required and relative worth of the job; at no time is gender a determining factor for setting wages in the public service. The Government adds that a job evaluation and compensation exercise for the public service is currently ongoing and will be completed in June 2022. Regarding job evaluations in the private sector, the Committee notes the Government’s indication that the Employers’ Consultative Association (ECA) provides services regarding the conduct of job evaluation exercises to employers, through its Employers’ Solution Centre (ESC). The Government adds that, in this context, ECA uses objective and job-specific factors, (mainly based on the point-factor method), never recommending the use of gender-biased factors. The Committee takes note of this information. In light of the persistent occupational segregation and substantive gender pay gap, the Committee however wishes to draw the Government’s attention to the fact that the effective implementation of the principle of the Convention not only requires that levels of wages shall not be determined on the basis of sex, but goes further by requiring some method of measuring and comparing the relative value of different jobs held by men and women, through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skill, effort, responsibilities and working conditions, in order to avoid the assessment being tainted by gender bias (see General Survey on fundamental Conventions, 2012, paragraph 695). The Committee asks the Government to provide detailed information on the method used for job evaluation exercises in the public sector and the results achieved. In that regard, it asks the Government to provide a copy of the job evaluation exercise for the public service to be completed in June 2022. The Committee also asks the Government to provide information on the measures taken to promote objective job evaluation in the private sector, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, with a view to ensure that skills considered to be “female” (such as manual dexterity or skills required in the caring professions), are not undervalued or even overlooked, in comparison with traditionally “male” skills (such as heavy lifting).

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. In its previous comments, the Committee recalled that the Equal Opportunity Act, 2000 covers discrimination based on sex, race, ethnicity, origin (including geographical origin), religion, marital status and disability. It noted the Government’s indication that the ground of “origin” in the Act covered also national extraction and social origin. It requested the Government to take the opportunity of any future revision of the Act to include explicitly in the list of prohibited grounds of discrimination the grounds of “political opinion” and “colour”, in accordance with Article 1(1)(a) of the Convention, and to clarify expressly the definition of the ground of “origin”. The Committee notes the Government’s indication that draft amendments to the Equal Opportunity Act were under review by the Attorney General and the Minister of Legal Affairs in April 2021, but observes that the Government does not provide information on the content of such amendments, and more particularly on the potential inclusion of the grounds of “political opinion” and “colour” in the draft amendments. The Committee wishes to stress once again that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (2012 General Survey on the fundamental Conventions, paragraph 853). In light of the ongoing revision of the Equal Opportunity Act, the Committee firmly hopes that the Government will take the necessary measures to include explicitly the grounds of “political opinion” and “colour” in the list of prohibited grounds of discrimination, as required by Article 1(1)(a) of the Convention, as well as to clarify the definition of “origin”, including by explicitly referring to “social origin” and “national extraction”. It asks the Government to provide information on any progress made in this regard.

Discrimination based on sex. Sexual harassment. The Committee previously noted the adoption of the National Workplace Policy on Sexual Harassment, in 2019, which defines both “quid pro quo” and “hostile environment” sexual harassment and sets as specific objective to prevent sexual harassment in the workplace. It requested the Government to provide information on the concrete steps taken to prevent and prohibit sexual harassment in employment and occupation, as well as on any progress made towards the adoption of the Employment Standards Bill and the Sexual Harassment Bill. Regarding the Employment Standards Bill, the Committee notes the Government’s indication that section 3 of the draft Policy Recommendations, elaborated in July 2018, expressly refer to the right of workers to «work in an environment that is free from any form of violence and/or harassment, including sexual harassment and bullying». The Government adds that, since 2018, several consultations were hold with relevant stakeholders. In August 2020, a new version of the draft Policy Recommendations was revised by relevant stakeholders through targeted consultations, prior to their submission to the Cabinet. Regarding the Sexual Harassment Bill, the Committee notes the Government’s general statement that a collaboration started in 2019 between the Minister of Labour and Small Enterprise Development (MOLSED) and the Office of the Attorney General and Ministry of Legal Affairs in order to draft the bill. The Government indicates that a copy of both legislations will be provided once enacted. The Committee notes the Government’s indication that several public awareness-raising activities were undertaken by the MOLSED on the National Workplace Policy on Sexual Harassment, targeting, among others, workers and their representative organizations. It however notes with regret the absence of information provided by the Government on any concrete steps taken to prevent and prohibit sexual harassment at work, in particular as a result of the National Workplace Policy, as well as on any actions undertaken to raise awareness of employers or their organizations in that regard. Recalling that sexual harassment is a serious form of sex discrimination, the Committee again asks the Government to provide information on: (i) any progress made in the adoption of legislation prohibiting all forms of sexual harassment in employment and occupation, including the Employment Standards Bill and the Sexual Harassment Bill; (ii) any specific measures implemented to prevent and prohibit sexual harassment in employment and occupation, in particular in the framework of the National Workplace Policy; and (iii) any complaint or case of sexual harassment dealt with by the competent authorities, and the results thereof.

Articles 2 and 3. Equality of opportunity and treatment of men and women. National gender policy. The Committee previously noted that a draft National Policy on Gender and Development (NPGD) was expected to be adopted soon. It notes the Government’s indication that, as of July 2021, the draft policy was before the Cabinet for approval as a White Paper but that, in the meantime, the Cabinet agreed to use this draft policy as an «official policy pending its final adoption». The Committee notes that, in 2021, in the context of the Universal Periodic Review (UPR), conducted under the auspice of the United Nations (UN) Human Rights Council, the Government indicated that the draft policy will serve as a framework to achieve full equality between women and men, and their equitable participation in political, economic, social, cultural and family life. A National Action Plan will accompany the Policy and provide explicit guidelines for its implementation, monitoring and evaluation (A/HRC/WG.6/39/TTO/1, 17 August 2021, paragraph 103). The Committee asks the Government to provide information on the progress made in the adoption of the draft National Policy on Gender and Development and any accompanying national action plan. It also asks the Government to provide information on any other measures taken with a view to promoting equality of opportunity and treatment between men and women.

Occupational segregation between men and women and gender stereotypes. Referring to its previous comments where it requested the Government to take proactive measures in order to increase women’s access to a wider range of vocational training opportunities, the Committee notes the Government’s indication that several studies have been carried out, focusing on gender-related issues in the education system and the relationship between educational attainment and employment patterns of women and men. Noting the Government’s statement that consideration will be given to the findings of the aforementioned studies, the Committee observes that no information is provided by the Government on the content, conclusions or recommendations of these studies. The Committee notes the Government’s repeated indication that measures have been taken to ensure the accessibility of training to all interested persons, regardless of sex, in technical and vocational training programmes offering a variety of skills, both in urban and rural areas. The Government adds that women are showing interest in various areas in which they were traditionally underrepresented but that more proactive measures must be taken to facilitate and encourage the access of women and girls to a wider range of vocational training. In that regard, the Committee observes, from the statistical information provided by the Government on vocational training, that, in 2018 and 2019, women and girls were still concentrated in areas where they are traditionally overrepresented, such as food preparation, child care, housekeeping and clerical work, while men were concentrated in electricity, plumbing and construction. The Committee notes, that, according to the 2020 Human Development Report from the United Nations Development Programme (UNDP), female participation in the labour market remains low at 50.1 per cent compared to 70.2 per cent for men, while 74.5 per cent of women have at least a secondary education compared to 71.2 per cent of men. It further notes that, as highlighted in 2021, in the context of the UPR, the UN Committee on the Elimination of Discrimination against Women (CEDAW) expressed specific concern at: (1) the limited labour participation of women, notwithstanding their high attainment rates in education; and (2) the persistence of discriminatory stereotypes and deep-rooted patriarchal attitudes regarding the roles and responsibilities of women and men in the family and society. Similar concerns were also expressed by the UN country team in that context (A/HRC/WG.6/39/TTO/2, 26 August 2021, paragraphs 35 and 58). In the absence of information on the concrete measures taken to ensure the accessibility of training to all interested persons, regardless of sex, in technical and vocational training programmes offering a variety of skills, the Committee is bound to recall that providing vocational guidance and taking active measures to promote access to education and training, free from considerations based on stereotypes or prejudices, is essential in broadening the range of occupations from which men and women are able to choose. It recognizes that ensuring equal access to vocational training is essential but underlines that more proactive measures should be taken to facilitate and encourage the access of women and girls to a wider range of vocational training, including courses leading to occupations in which men have traditionally been employed (2012 General Survey, paragraphs 750 and 751). The Committee again asks the Government to provide information on the proactive measures taken to increase women’s access to a wider range of vocational training opportunities and on their impact on the employment of women in sectors and occupational groups in which they are traditionally underrepresented. It also asks the Government to provide information on any awareness-raising campaigns undertaken to combat stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role and responsibilities in society. The Committee asks the Government to provide statistical information on the participation of men and women in education and vocational training, as well as in employment and occupation, disaggregated by occupational categories and positions, both in the public and private sector.

Equality of opportunity and treatment irrespective of race, colour or national extraction. Migrant workers. The Committee notes that the Strategic Plan for the period 2017–20 sets as specific objective to formulate and implement a Labour Migration Policy and that an Inter-Ministerial Committee was appointed to that end in July 2018. It notes that, in the context of the UPR, the Government indicated that work on the elaboration of this policy is still on-going (A/HRC/WG.6/39/TTO/1, 17 August 2021, paragraph 54). The Committee however notes that, as highlighted in the context of the UPR, several UN special procedure mandate holders expressed alarm about the State’s criminalization of irregular migration, which resulted in people in vulnerable situations taking dangerous migration routes and therefore exposed them to the risk of being trafficked (A/HRC/WG.6/39/TTO/2, 26 August 2021, paragraph 79). In that regard, the Committee recalls that all migrant workers, including those in an irregular situation, must be protected against discrimination in employment on the basis of the grounds set out in Article 1(1)(a) of the Convention (2012 General Survey, paragraph 778). The Committee further refers to its 2019 direct request on the Migration for Employment Convention (Revised), 1949 (No. 97) regarding equality of treatment of migrant workers. The Committee asks the Government to provide information on any measures taken to ensure equality of opportunity and treatment in employment and occupation of migrant workers, including those in an irregular situation, as well as any progress made in the adoption of the Labour Migration Policy. It further asks the Government to provide information on the number and nature of any complaints or cases of discrimination against migrant workers dealt with by the labour inspectorate, the Equal Opportunity Commission and Equal Opportunity Tribunal, the courts, the sanctions imposed and remedies granted, as well as statistical data on the participation of migrant workers in the labour market.

Awareness-raising and enforcement. The Committee previously noted the steady decline in the number of complaints of discrimination in employment filed with the Equal Opportunity Commission (EOC), of which only 4.5 per cent were referred to the Equal Opportunity Tribunal (EOT) in 2016. The Committee notes the Government’s statement that the EOC is actively engaged in public education sessions with both public and private sector organizations and expanded its outreach mainly through the use of digital media, in particular social media. Regarding the decline in the number of complaints made before the EOC, the Government states that several causes have been identified, namely: (1) the lack of awareness regarding the existence of the Commission as a result of its insufficient funding; (2) the preference for the recourse to company’s internal grievance mechanisms; (3) the expiry of the time limit set to make a complaint before the Commission; and (4) the fact that, as a result of awareness-raising activities already undertaken, individuals may be less inclined to lodge unsubstantial complaints. Regarding the low number of cases referred to the EOT, the Government refers to the financial limitations of the complainants who are unable to use the litigation process or pay for the services of a qualified attorney to present their case before the Court. For this reason, complainants opt to either have the matter conciliated or choose to go no further with the complaint, after conciliation has ended. In that regard, the Committee notes, from the last available EOC annual report, that, in 2019, 108 complaints were received by the Commission, 91 per cent of which referred to cases of discrimination in employment, mainly based on race or ethnicity (83 cases) or sex (21 cases). It further notes that only six cases were referred to the Tribunal in 2019 (5.5 per cent), compared to four cases in 2018. The Committee further refers to its 2020 direct request under the Labour Inspection Convention, 1947 (No. 81), where it requested the Government to pursue its efforts to fill the substantial number of remaining vacant inspector positions at the labour inspectorate unit as a result of the decline in the number of labour inspections carried from 1,637 in 2015-16, to 1,527 in 2018-19, and 576 in 2019-20 due to the COVID-19 pandemic. The Committee asks the Government to provide detailed information on the activities undertaken by the Equal Opportunity Commission to raise awareness of the principles of the Convention, as well as remedies and procedures available. It also asks the Government to provide information on any measures envisaged to: (i) strengthen the capacity and effectiveness of the labour inspectorate unit and the Equal Opportunity Commission; and (ii) improve access to justice for workers, in particular by providing free legal assistance. The Committee further asks the Government to provide information on the number, nature and outcome of any cases on discrimination in employment and occupation dealt with by the labour inspectorate, the Equal Opportunity Commission and the Equal Opportunity Tribunal, the courts, as well as any other competent authorities.

Article 1(1)(a) of the Convention. Discrimination based on sex. For a number of years, the Committee has been expressing concern at the discriminatory nature of several provisions relating to married female police officers, and particularly: (1) Regulation 52 of the Police Commission Regulations, which provides that the appointment of a married female police officer may be terminated on the ground that her family obligations are affecting the efficient performance of her duties; and (2) section 14(2) of the Civil Service Regulations which requires a female officer who marries to report the fact of her marriage to the Public Service Commission. It requested the Government to revoke Regulation 52 of the Police Commission Regulations and amend section 14(2) of the Civil Service Regulations to eliminate any potentially discriminatory impact based on sex. The Committee notes the Government’s indication in its report that, in January 2019, the Police Service Commission decided on the revocation of Regulation 52 and that new draft Regulations, omitting Regulation 52, are currently under review by the Police Service Commission and the Chief Parliamentary Counsel. Regarding the amendment of section 14(2) of the Civil Service Regulations, the Committee notes the Government’s statement that a new Civil Service Act and Regulations, omitting section 14(2), have been drafted by the Personnel Department and are currently under review by the relevant stakeholders. Welcoming these positive developments, the Committee expresses the firm hope that the Government will without further delay make every possible effort to effectively: (i) revoke Regulation 52 of the Police Commission Regulations; and (ii) amend or revoke section 14(2) of the Civil Service Regulations in order to eliminate any potentially discriminatory impact based on sex. It asks the Government to provide information on any progress made in this regard, in particular with respect to the adoption of the new draft Police Commission Regulations and the new draft Civil Service Act and Regulations, and to submit copies once adopted.

Articles 2 and 3. Equality of opportunity and treatment of men and women. Public service. The Committee previously noted the persistent occupational gender segregation in the public service, as well as the sex-specific terminology used in the denomination of offices in the Schedule, Parts I–VI, of the Civil Service Regulations. It requested the Government to amend the legislation to ensure that it only contains gender-neutral terminology. The Committee notes, from the detailed statistical information provided by the Government, the persistence, and in some instances the aggravation, of horizontal and vertical segregation in the public sector. Indeed, while women represent 80.5 per cent of personnel in the judicial and legal service and 76.4 per cent in the teaching service, they only represent 16.8 per cent of personnel in the fire service (and none at the higher levels, that is grade five and above); 9.4 per cent in the prison service (and none at the higher levels); and 27.8 per cent in the police service (and only 3.9 per cent at the higher levels). Regarding the sex-specific terminology used in the denomination of the offices mentioned in the Schedule, Parts I–VI, of the Civil Service Regulations, the Committee notes the Government’s statement that equality of treatment is ensured to all workers irrespective of sex. The Committee notes with concern the lack of steps taken by the Government to ensure that the legislation only contains gender-neutral terminology, despite the persistent occupational gender segregation in the public service. In this regard, it wishes to draw the Government’s attention to the fact that, even in the absence of any discrimination based on sex, the use of sex-specific terminology to describe certain categories of workers may reinforce stereotypes regarding whether certain jobs should be carried out by men or women (for example, postman, watchman, foreman, repairman, handyman, ward or home sister, matron, maid, laundress), or whether women may have access to decision-making positions (for example, “chief male nurse”, or the distinction made between “male airport attendant” and “female airport attendant” for airport attendant I and II). In light of the persistent occupational gender segregation and ongoing revision of the Civil Service Regulations, the Committee urges the Government to take the necessary steps to amend the Schedule, Parts I–VI, of the Civil Service Regulations in order to ensure that gender-neutral terminology is used in defining the various jobs and classifications in the public service. It asks the Government to provide information on the progress made in this regard. The Committee further asks the Government to provide information on any measures taken to address occupational gender segregation in the public service and to continue providing statistical information on the distribution of men and women in the different sectors and occupations of the public service.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments.

Repetition

Implementing legislation on fishers’ competency certificates. The Committee had noted in its previous comment the absence of laws and regulations giving effect to the requirements of the Convention and had requested the Government to provide a copy of the Safety of Fishing Vessel Regulations which was under preparation. The Committee regrets to note the Government’s indication in its report that the regulations governing all aspects of fishing vessel operations, including fishers’ certificates of competency, are still being developed. The Committee therefore urges once again the Government to adopt the necessary measures without delay to regulate fishers’ competency certificates.

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

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the information provided by the Government concerning the work of the ILO 144 Tripartite Consultative Committee (hereafter the “TCC”) following its reconstitution in February 2018 for a two-year term. The Government indicates in general terms that the TCC reviewed the fundamental ILO Conventions, which have been ratified by Trinidad and Tobago, with a view to assessing their status and extent of implementation in the country. It also reviewed and approved reports on ratified Conventions to be submitted to the ILO under article 22 of the ILO Constitution for 2017, 2018 and 2019. The Government further reports that the TCC considered the country’s position with regard to three items on the agenda of the 107th Session of the International Labour Conference in 2018, including on the proposed instruments on violence and harassment against women and men in the world of work. Finally, the Government reports that the TCC reviewed the following instruments with a view to promoting their implementation and ratification, as appropriate: the Nursing Personnel Convention, 1977 (No. 149); the Domestic Workers Convention, 2011 (No. 189); the Violence and Harassment Convention, 2019 (No. 190) and Recommendation, 2019 (No. 206); and the Protocol of 2014 to the Forced Labour Convention, 1930. The Government does not, however, indicate the outcome of these consultations. The Committee recalls in this regard that, while Article 5(1)(b) of Convention No. 144 requires consultations to be held prior to submitting new instruments adopted by the Conference to the competent authorities, Article 5(1)(c) of the Convention requires that consultations be held on the re-examination, at appropriate intervals, of unratified Conventions and of Recommendations to which effect has not yet been given. The latter provision calls for a continuous process of review with a programme spread over a period of time [see the General Survey concerning the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) and the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), 2000, Paragraph 89]. The Committee requests the Government to provide information concerning the status of the TCC following the end of its 2018–20 term, and on the content and outcome of tripartite consultations held on the matters concerning international labour standards covered by Article 5(1)(a)–(e) of the Convention, including information as to the frequency of these consultations since 2020. In particular, the Committee requests the Government to indicate the content and outcome of consultations concerning the submission of new instruments adopted by the International Labour Conference to the competent authorities (Article 5(1)(b)), and the re-examination of unratified Conventions and of Recommendations at appropriate intervals (Article 5(1)(c)). The Committee further requests the Government to provide information on the outcome of consultations concerning the possible ratification of: the Nursing Personnel Convention, 1977 (No. 149); the Domestic Workers Convention, 2011 (No. 189); the Violence and Harassment Convention, 2019 (No. 190) and Recommendation, 2019 (No. 206); and the Protocol of 2014 to the Forced Labour Convention, 1930.

The Committee recalls that, in the framework of the Standards Review Mechanism, the ILO Governing Body, as recommended by the Special Tripartite Committee on the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Convention No. 147 as “outdated”. At its 343rd Session (November 2021), the Governing Body requested the Office to launch an initiative to promote the ratification on a priority basis of the MLC, 2006 among the countries still bound, inter alia, by Convention No. 147. In this regard, the Committee notes the Government’s indication that necessary measures are being taken to give effect to the MLC, 2006, including through the adoption of a Shipping Bill, 2020 and the drafting of relevant supporting regulations. The Committee requests the Government to provide information on any developments regarding the MLC, 2006 and reminds it of the possibility to avail itself of the technical assistance of the Office.

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on seafarers’ rights, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Article 2(a)(ii) of the Convention. Social security measures. In reply to its previous comments, the Committee notes the Government’s indication that the Shipping Act, 1987 (Chapter 50:10) was drafted with the understanding that matters related to social security measures would be addressed under other laws, as well as specific agreements between shipowners and seafarers, as applicable. The Government also refers to the Shipping Bill, 2020, which shall seek to address the issue of social security for seafarers. The Committee requests the Government to provide information on any developments regarding the legislation providing substantially equivalent protection to seafarers concerning social security.

Article 2(d)(i). Complaints with respect to the engagement of seafarers. In its previous comments, the Committee requested the Government to take the necessary measures to give effect to Article 2(d)(i). While noting the information on the preparation of the Shipping Bill, 2020, the Committee requests the Government once again to adopt the necessary measures to implement Article 2(d)(i).

Comments adopted by the CEACR: Trinidad and Tobago

Adopted by the CEACR in 2021

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C125 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C144 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C147 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)