Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

Abolition of Forced Labour Convention, 1957 (No. 105) - Trinidad and Tobago (Ratification: 1963)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following points:

1. Article 1(c) and (d) of the Convention. In its earlier comments the Committee referred to sections 157 and 158 of the Shipping Act, 1987, which provide for imprisonment - involving compulsory labour under the Prisons Rules - in cases of disobedience, desertion and absence without leave; and section 162, empowering forcible return on board ship of seafarers in desertion. Referring to paragraphs 110 and 117 of its General Survey of 1979 on the abolition of forced labour, the Committee pointed out that these provisions are incompatible with the Convention, in so far as they imply not only sanctions including compulsory work but also legal compulsion in the form of direct physical constraint or the menace of a penalty for participation in strikes or breaches of labour discipline or to ensure performance of services by workers. The Committee has noted the Government’s indications in its reports of 2000 and 2001 that the revision of the Shipping Act is currently under way and all these issues are being considered in the process. It reiterates firm hope that the revising text will be adopted in the near future and that the legislation will be brought into conformity with the Convention. The Committee requests the Government to provide, in its next report, information on the progress made in this regard.

2. The Committee has previously referred to section 8(1) of the Trade Disputes and Protection of Property Ordinance, which lays down penalties involving compulsory labour for breach of contract by persons employed in certain public services and is not limited in this respect to services whose interruption might endanger the life, personal safety or health of the whole or part of the population. The Committee has noted the Government’s statements in its reports of 2000 and 2001 that this legislation will be repealed soon, since it is "colonial" legislation and is not in practice in Trinidad and Tobago. It hopes that the Government will take the necessary measures in order to ensure compliance with the Convention on this point and asks the Government to report any progress achieved in this regard.

3. The Committee’s earlier comments referred to section 69(1)(d) and (2) of the Industrial Relations Act, Chapter 88.01, which prohibits teachers from taking part in a strike, subject to penalties of imprisonment involving an obligation to work. The Government has indicated in its reports of 2000 and 2001 that the committee responsible for reviewing the Act has made no recommendation in respect of that issue. The Committee reiterates firm hope that the necessary measures will be taken in the near future in order to bring the abovementioned provisions of the Industrial Relations Act into conformity with the Convention. It requests the Government to indicate, in its next report, the progress made in this regard.

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