Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Article 1(c) of the Convention. Sanctions involving compulsory labour for various breaches of labour discipline. In its reiterated comments since 2000, the Committee has been requesting the Government to take the necessary measures to amend sections 157 and 158 of the Shipping Act, 1987, under which penalties of imprisonment (involving compulsory labour pursuant to sections 255 and 269(3) of the Prison Rules) may be imposed for breaches of labour discipline in circumstances where the life, personal safety or health of persons are not endangered.

The Committee notes that the Government in its report, refers to the continued review of the Shipping Act by the Ministry of Works and Transport, and that the Government indicates that the Ministry will recommend to the Legislative Review Committee of Cabinet that the following provisions be repealed: section 157(b) (wilfully disobeying any lawful command), section 157(c) (continually disobeying any lawful command or wilfully neglecting duty), and section 158(a) and (b) (deserting and neglecting to join a ship and absenting oneself without leave). Moreover, the Government indicates that the Ministry will recommend the amendment of section 157(e) of the Shipping Act (combining with any of the crew to disobey a lawful command or to neglect duty) in order to provide for an appropriate fine instead of imprisonment. The Committee once again hopes that, within the framework of the amendments of the above-mentioned sections of the Shipping Act, the Government will take the necessary measures to ensure that no penalties of imprisonment may be imposed on seafarers for breaches of labour discipline.

Article 1(d). Sanctions for participating in strikes. In its reiterated comments since 2000, the Committee has been noting that pursuant to section 8(1) of the Trade Disputes and Protection of Property Act, a person employed in certain public services (but 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) who wilfully and maliciously breaks a contract of service, is liable to a fine or to imprisonment of three months. It also noted that pursuant to section 69 of the Industrial Relations Act, penalties of imprisonment (involving compulsory labour under the Prison Rules) could be imposed on certain categories of workers for participation in an industrial action.

In response to the Committee’s request for measures to amend these provisions, the Government indicates in its report that the process of reviewing the Industrial Relations Act, chapter 88:01 has been ongoing since 2016, with proposals for amendments currently before the National Tripartite Advisory Council, including the removal of a penalty of imprisonment for the participation in peaceful industrial action. With regard to the Trade Disputes and Protection of Property Act, the Government indicates that the legislative review of this Act is scheduled by the Ministry of Labour and Small Enterprise Development for the first half of 2020. The Committee notes the Government’s indication in its supplementary report, according to which due, to the disruption resulting from the COVID-19 pandemic, the review of this Act has not been possible. The Committee urges the Government to take the necessary measures to ensure that within the framework of the amendment of the Industrial Relations Act, no penalties of imprisonment may be imposed on persons for the peaceful participation in a strike. It also once again requests the Government to provide information on any measures taken or envisaged to amend the Trade Disputes and Protection of Property Act in this respect.