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

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

Article 1(c) and (d) of the Convention. Sanctions involving compulsory labour for breaches of labour discipline and participation in strikes. For many years, the Committee has been referring to sections 157 and 158 of the Shipping Act, 1987, section 8(1) of the Trade Disputes and Protection of Property Act and section 69(1)(d) and (2) of the Industrial Relations Act, under which penalties of imprisonment (involving compulsory labour under the Prisons Rules) may be imposed for various breaches of labour discipline and participation in strikes in circumstances where the life, personal safety or health of persons are not endangered. The Committee previously noted the Government’s indication in its reports that efforts were under way to amend the provisions mentioned above and that no sanctions had been imposed under these provisions in practice.

The Government indicates in its latest report that no amendments have been made to the above legislation, and that it is not anticipated that amendments would be made to section 8(1) of the Trade Disputes and Protection of Property Act and section 69(1) and (2) of the Industrial Relations Act in 2011–12. As regards the Shipping Act, 1987, the Government indicates that a policy document with respect to its amendment is under preparation, and that the Maritime Service Division shall give due consideration to the provisions of the Convention while determining whether further amendments to the Act are required.

While noting this information, the Committee expresses the firm hope that the necessary measures will soon be taken in order to amend the abovementioned provisions with a view to bringing legislation into conformity with the Convention. Recalling that the legislative amendments required have been under consideration for many years, the Committee hopes that the Government will provide, in its next report, information on the progress made in the revision of the Shipping Act, as well as the Industrial Relations Act and the Trade Disputes and Protection of Property Act, in order to ensure compliance with the Convention.