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

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

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that the Ministry will recommend to the Legislative Review Committee of Cabinet that the following provisions be repealed: section 157(b) (wilfully disobeying any lawful command), section 157(c) (continually disobeying any lawful command or wilfully neglecting duty), and section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.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(c) of the Convention. Sanctions involving compulsory labour for various breaches of labour discipline. In its earlier comments, the Committee noted that 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 requested the Government to take the necessary measures to amend the Shipping Act, in order to bring the abovementioned provisions into conformity with the Convention.

The Committee notes the Government’s indication in its report that the Ministry of Works and Transport, which has responsibility for overseeing the implementation of the Shipping Act, will recommend the amendment of the following provisions in order to provide for an appropriate fine instead of imprisonment: section 157(b) (wilfully disobeying any lawful command) and section 157(c) and (e) (continually disobeying any lawful command or wilfully neglecting duty and combining with any of the crew to disobey a lawful command or to neglect duty). The Government also indicates that section 158(a) and (b) which provides for imprisonment for seafarer desertion and when a seafarer neglects to join a ship, will be repealed. The Committee hopes that, within the framework of the amendments of the abovementioned 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 earlier comments, the Committee noted 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) could be imposed on certain categories of workers for participation in an industrial action. The Committee requested the Government to take the necessary measures, within the framework of the review of the Industrial Relations Act, to ensure that no penalties of imprisonment may be imposed on persons for the peaceful participation in a strike. It also requested the Government to provide information on the measures taken or envisaged to amend the Trade Disputes and Protection of Property Act.

The Committee notes the Government’s indication in its report that the Ministry of Labour is currently in the process of amending the Industrial Relations Act, Chapter 88:01. The Government also indicates that national tripartite consultations were held within the first quarter of 2016; subsequently a report was prepared for dissemination to the stakeholders for their comments, and once comments are received, further consultations would be conducted. With regard to the Trade Disputes and Protection of Property Act, the Government states that it has not taken any measures to amend the Act yet. Referring to its comments made under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee hopes that within the framework of the amendment of the Industrial Relations Act, the Government will take the necessary measures to ensure that no penalties of imprisonment may be imposed on persons for the peaceful participation in a strike. It also requests the Government to provide information on any measures taken or envisaged to amend the Trade Disputes and Protection of Property Act in this regard.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1(c) of the Convention. Sanctions involving compulsory labour for various breaches of labour discipline. For many years, the Committee has been referring to 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. However, the Committee noted the Government’s indication that preparations had begun for the amendment of the Shipping Act, and that the Maritime Service Division would give due consideration to the provisions of the Convention in this regard.

The Committee notes the Government’s statement that a draft bill to amend the Shipping Act was considered by maritime stakeholders in September 2013, and that this bill is under consideration by the Legislative Review Committee prior to its introduction into Parliament. The Committee notes with concern that the proposed provisions do not remove the penalties of imprisonment (involving compulsory labour) for breaches of labour discipline, but instead increase the penalties for such breaches. Particularly, the amendments seek to increase the penalty of imprisonment (involving compulsory labour) for the following breaches of labour discipline: wilfully disobeying any lawful command (section 157(b)); continually disobeying any lawful command or wilfully neglecting duty (section 157(c)); combining with any of the crew to disobey a lawful command or to neglect duty (section 157(e)); desertion (section 158(a)); and neglecting to join a ship and absence without leave (section 158(b)).

Referring to paragraph 312 of the 2012 General Survey on the fundamental Conventions concerning rights at work, the Committee recalls that provisions which permit the imposition of sentences of imprisonment involving compulsory labour for breaches of labour discipline are contrary to the Convention and only sanctions relating to acts endangering the ship or the life or health of persons are compatible with the Convention. The Committee therefore urges the Government to take the necessary measures to ensure that, within the framework of the amendments to the Shipping Act, sections 157(b), (c) and (e), and 158(a) and (b) are amended so that no penalty of imprisonment may be imposed for breaches of labour discipline.

Article 1(d). Sanctions for participating in strikes. The Committee previously noted 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) could be imposed on certain categories of workers for participation in an industrial action.

The Committee notes the Government’s statement that an advisory committee was appointed in February 2012 to review the Industrial Relations Act, and to propose specific amendments to this legislation. The Government also states that there is no government policy at this time concerning the amendment of the Trade Disputes and Protection of Property Act. In this regard, the Committee recalls that Article 1(d) of the Convention prohibits the use of any form of forced or compulsory labour, including compulsory prison labour, as a punishment for having participated in a strike. With reference to its comments made in 2012 under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee requests the Government to take the necessary measures, within the framework of the review of the Industrial Relations Act, to ensure that no penalties of imprisonment may be imposed on persons for the peaceful participation in a strike. It also requests the Government to provide information on any measures taken or envisaged to amend the Trade Disputes and Protection of Property Act in this regard.

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

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.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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 Government indicated in its earlier 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 states in its latest report that no amendments have been made to the above legislation, but the Ministry of Labour and Small and Micro Enterprise Development has included the Industrial Relations Act in its Legislative Review Programme for the period 2009–10. However, the Trade Disputes and Protection of Property Act has not been put up for any legislative review in the upcoming parliamentary term. No information has been supplied in this regard about the Shipping Act, 1987.

The Committee trusts that the necessary measures will be taken in the near future in order to amend the abovementioned provisions with a view to bringing legislation into conformity with the Convention. Noting that the legislative amendments required have been under consideration for many years, the Committee asks the Government to provide, in its next report, information on the progress made in the revision of the Industrial Relations Act, as well as on any steps taken to amend the Trade Disputes and Protection of Property Act and the Shipping Act, in order to ensure compliance with the Convention.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee has noted the Government’s brief reports on the application of the Convention received in 2006 and 2007.

Article 1(c) and (d) of the Convention. Sanctions involving compulsory labour for breaches of labour discipline and participation in strikes. For a number of 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 Ordinance and section 69(1)(d) and (2) of the Industrial Relations Act, Cap. 88.01, 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 has noted the Government’s repeated indications in its earlier reports that efforts were underway to amend the provisions mentioned above and that no sanctions had been imposed under these provisions in practice.

The Government reiterates in its 2006 report that no amendments have been made to the legislation in question and that the relevant ministries under whose authority the acts are administered have not indicated any immediate intention of making amendments to this legislation.

Noting that the legislative amendments required have been under consideration for many years, the Committee trusts that the Government will not fail to take all the necessary measures in order to bring the abovementioned provisions into conformity with the Convention, and that it will soon be in a position to report the progress made in this regard.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

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

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 Ordinance and section 69(1)(d) and (2) of the Industrial Relations Act, Cap. 88.01, 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. On several occasions the Government reported that efforts were under way to amend the provisions mentioned above and that no sanctions had been imposed under these provisions in practice.

In its latest report, the Government indicates that no changes have been made to the above provisions and that the relevant ministries under whose authority the acts are administered have not indicated any immediate intention of making amendments to this legislation. The Committee also notes the Government’s view expressed in the report that the work is performed by inmates in accordance with instructions as deemed by the courts, such work being referred to as "hard labour" for which inmates receive a small stipend and must not be construed as "forced" or "compulsory" labour.

While taking due note of these indication and views, the Committee draws the Government’s attention to the explanations given in paragraphs 102-109 of its General Survey of 1979 on the abolition of forced labour, where it pointed out that: "in most cases, labour imposed on persons as a consequence of a conviction in a court of law will have no relevance to the application of the Abolition of Forced Labour Convention. On the other hand, if a person is in any way forced to work because he holds or has expressed particular political views, has committed a breach of labour discipline or has participated in a strike, the situation is covered by the Convention". The Committee therefore considered that compulsory labour in any form, including compulsory prison labour, is covered by the Convention in so far as it is exacted in the five cases specified by that Convention.

The Committee trusts that, since the legislative amendments required have been under consideration for many years, the necessary measures will at last be taken in order to bring the abovementioned provisions into conformity with the Convention, and that the Government will soon be in a position to indicate the progress achieved in this regard.

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

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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 Ordinance and section 69(1)(d) and (2) of the Industrial Relations Act, Cap. 88.01, 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. On several occasions the Government reported that efforts were under way to amend the provisions mentioned above and that no sanctions had been imposed under these provisions in practice.

In its latest report, the Government indicates that no changes have been made to the above provisions and that the relevant ministries under whose authority the acts are administered have not indicated any immediate intention of making amendments to this legislation. The Committee also notes the Government’s view expressed in the report that the work is performed by inmates in accordance with instructions as deemed by the courts, such work being referred to as "hard labour" for which inmates receive a small stipend and must not be construed as "forced" or "compulsory" labour.

While taking due note of these indication and views, the Committee draws the Government’s attention to the explanations given in paragraphs 102-109 of its 1979 General Survey on the abolition of forced labour, where it pointed out that: "in most cases, labour imposed on persons as a consequence of a conviction in a court of law will have no relevance to the application of the Abolition of Forced Labour Convention. On the other hand, if a person is in any way forced to work because he holds or has expressed particular political views, has committed a breach of labour discipline or has participated in a strike, the situation is covered by the Convention". The Committee therefore considered that compulsory labour in any form, including compulsory prison labour, is covered by the Convention in so far as it is exacted in the five cases specified by that Convention.

The Committee trusts that, since the legislative amendments required have been under consideration for many years, the necessary measures will at last be taken in order to bring the abovementioned provisions into conformity with the Convention, and that the Government will soon be in a position to indicate the progress achieved in this regard.

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

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.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report contains no new information in reply to its earlier comments concerning the following matters:

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 1979 General Survey 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.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report.

Article 1(c) and (d) of the Convention.  1. In its earlier comments the Committee referred to sections 157 and 158 of the Shipping Act, 1987, which provide for imprisonment - under the Prisons Rules, involving compulsory labour - in cases of disobedience, desertion and absence without leave; and section 162, empowering forcible return on board ship of seafarers in desertion. With reference to paragraphs 110 and 117 of its 1979 General Survey 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 notes the Government’s indication in the report that the revision of the Shipping Act is currently under way and all these issues are being considered in the process. It expresses 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 notes the Government’s statement in the report 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 indicates in its report that the committee responsible for reviewing the Act has made no recommendation in respect of that issue. The Committee expresses firm hope that the Government will not fail to take appropriate measures 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.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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

Article 1(c) and (d) of the Convention. 1. The Committee's earlier observations referred to sections 157 and 158 of the Shipping Act, 1987, which provide for imprisonment - under the Prisons Rules, involving compulsory labour - in cases of disobedience, desertion and absence without leave; and section 162, empowering forcible return on board ship of seafarers in desertion. 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 (see paragraphs 110 and 117 of the 1979 General Survey on the abolition of forced labour). The Committee noted the Government's indication in 1996 that no use had been made of those sections. It reiterates its hope that the Government will ensure that the legislation is brought into conformity with the Convention on these points and that the next report will include details. 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 existence or well-being of the whole or part of the population (see especially paragraph 114 of the General Survey). It noted that no penalties had been imposed under section 8(1), but again requests the Government to bring the legislation on this point into conformity with the Convention. 3. The Committee's previous comments referred to section 69(1)(d) and (2) of the Industrial Relations Act, Cap. 88.01, which prohibits teachers from taking part in a strike, subject to penalties of imprisonment involving the obligation to work. It trusts that the Government's review of this matter has now been completed and that the next report will contain details of the measures taken to ensure compliance with the Convention in this respect.

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

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report contains no reply to the previous comments.

Article 1(c) and (d) of the Convention. 1. The Committee's earlier observations referred to sections 157 and 158 of the Shipping Act, 1987, which provide for imprisonment -- under the Prisons Rules, involving compulsory labour -- in cases of disobedience, desertion and absence without leave; and section 162, empowering forcible return on board ship of seafarers in desertion. 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 (see paragraphs 110 and 117 of the 1979 General Survey on the Abolition of Forced Labour). The Committee noted the Government's indication in 1996 that no use had been made of those sections. It reiterates its hope that the Government will ensure that the legislation is brought into conformity with the Convention on these points and that the next report will include details.

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 existence or well-being of the whole or part of the population (see especially paragraph 114 of the General Survey). It noted that no penalties had been imposed under section 8(1), but again requests the Government to bring the legislation on this point into conformity with the Convention.

3. The Committee's previous comments referred to section 69(1)(d) and (2) of the Industrial Relations Act, Cap. 88.01, which prohibits teachers from taking part in a strike, subject to penalties of imprisonment involving the obligation to work. It trusts that the Government's review of this matter has now been completed and that the next report will contain details of the measures taken to ensure compliance with the Convention in this respect.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's report received on 4 November 1996.

Article 1(c) and (d) of the Convention. 1. In previous comments the Committee noted that the provisions of section 157(1)(b), (c) (erroneously referred to as (a)) and (e) of the Shipping Act, 1987 provide for penalties of imprisonment (involving, under rules 255 and 269(3) of the Prisons Rules, compulsory labour) for disobeying lawful commands and are substantially identical to provisions of the Merchant Shipping Act, 1894, which had been the subject of comments by the Committee for many years. Similarly, section 158 of the Shipping Act, 1987 follows the 1894 Act in punishing desertion and absence without leave with penalties of imprisonment involving compulsory labour. Finally, section 162 of the 1987 Act still provides for the apprehending and forcible conveyance of deserters on board ship upon the request of the master of the ship, regarding both seamen deserting in Trinidad and Tobago from a ship registered abroad and, by way of reciprocity, seamen deserting in a foreign State from a ship registered in Trinidad and Tobago.

The Committee noted from the Government's report for 1989-91 that the above-mentioned provisions were being examined in consultation with the Minister of Works, Infrastructure and Decentralization entrusted with the administration and implementation of the Shipping Act, 1987, as well as with the Solicitor-General and from the Government's report for 1991-95 that additional measures to bring sections 157(1), 158 and 162 of the Shipping Act, 1987 into conformity with the Convention were still to be examined in consultation with the Ministry of Works and Transport entrusted with the administration and implementation of the Shipping Act, 1987, as well as with the Solicitor-General.

In its latest report, the Government states that sections 157(1)(b) and (e) and section 158 of the Shipping Act provide for penalties of imprisonment, but are governed by section 69 of the Interpretation Act and therefore may or may not be accompanied with the awarding of hard labour, and that the penalties are regarded at this time to be appropriate having regard to the peculiar nature of shipping and seafaring and the operation of vessels, where such offenses can have the effect of endangering the lives and safety of crews and vessels.

As regards section 162 of the Shipping Act, the Government states that there is no evidence that this provision provides for the imposition of compulsory labour. Trinidad and Tobago law states that this may only be imposed upon a term of imprisonment, which in turn is based upon a particular offence punishable by same. The purpose of this section is the recovery of deserters and their conveyance back to their respective States, where they shall face the necessary disciplinary and/or legal action. No fixed offence is prescribed under this section; no term of imprisonment is prescribed, and similarly no award of compulsory labour arises. The Government adds that it should be noted that there are similar provisions in UK legislation.

The Committee takes due note of these indications. As regards compulsory prison labour, the Committee must point out that not only the mere possibility of hard labour being imposed brings sections 157(1)(b), (c) and (d) of the Shipping Act into the scope of Article 1(c) and (d) of the Convention; moreover, as indicated in paragraphs 102 to 109 of the Committee's General Survey of 1979 on the abolition of forced labour, the Convention makes no difference between different forms of compulsory work, such as hard labour and ordinary prison labour; under rules 255 and 269(3) of the Prison Rules, a penalty of imprisonment always involves an obligation to work.

As regards the possibility of endangering the lives and safety of crews and vessels, the Committee recalls that endangering life or ship is the subject of a specific provision in section 156 of the Shipping Act, which has no bearing on the Convention. By contrast, while subsection (2) of section 157 of the Shipping Act excludes the application of subsection (1) to a lawful strike after the ship has been secured in good safety to the satisfaction of the master and the port authority at a port in Trinidad and Tobago, subsection (1) may still be applied to strikes outside Trinidad and Tobago as well as to breaches of labour disciplines which do not endanger the safety of the ship or the life or limb of persons.

The same is true for section 158. Finally, under section 162, deserting seamen are not conveyed "back to their respective States" but "on board the ship" where they are employed; as indicated in paragraphs 110 and 117 of the above-mentioned General Survey of 1979, forced or compulsory labour as a means of labour discipline may be of two kinds; it may consist of measures to ensure the due performance by a worker of his service under compulsion of law (in the form of direct physical constraint or the menace of a penalty), or of a sanction for breaches of labour discipline with penalties involving an obligation to work. The first kind is exemplified by section 162 of the Shipping Act, the second by section 157(1)(b), (c) and (e) and section 158.

As regards the Government's reference to UK legislation, the Committee has noted with satisfaction in its report to the 83rd (1996) Session of the Conference that the Merchant Shipping Act, 1988 (Commencement No. 4) Order 1994, has brought into force the provision of the 1988 Act repealing section 89 of the Merchant Shipping Act, 1970, which provided for the forcible return of deserting seamen on board ship under reciprocal arrangements with other countries.

Noting also the Government's indication in its report that there have been no cases to date concerning the practical application of sections 157(1)(b) and (e), 158 and 162 of the Shipping Act, the Committee hopes that the necessary measures will at last be taken to bring the Act into conformity with the Convention as well as actual practice, and that the Government will soon report on proposed amendments.

2. In its previous comments the Committee referred to section 8(1) of the Trade Disputes and Protection of Property Ordinance, under which penalties involving compulsory labour may be imposed for breach of contract by persons employed in certain public services where the probable consequences would be to deprive the inhabitants, wholly or to a great extent, of such services. The Committee observed that certain of the services mentioned in section 8(1) of the Ordinance (electricity, water, health, sanitary or medical services) are strictly essential because their interruption could endanger the life, personal safety or health of the whole or part of the population while in others (namely, railway, tramway, ship or other transport services) only a few posts essential to security might fall under the same category. The Government indicated that no penalties involving compulsory labour had been imposed in the country for the purposes enumerated.

In its report received in June 1995 the Government once more indicated that the Committee's observations with regard to the Ordinance had again been noted and would be given full consideration. The Committee hopes that accordingly appropriate amendments will now be prepared and that the Government will soon report on the action taken to bring section 8(1) of the Ordinance into conformity with the Convention.

Article 1(d). 3. The Committee noted in previous comments that under section 69(1)(d) and (2) of the Industrial Relations Act, Chapter 88.01, teachers in the public service are prohibited from taking part in a strike, subject to penalties of imprisonment involving the obligation to work.

The Committee noted the Government's indication in its report for 1989-91 that the work of the Committee which was appointed to review all the Service Acts and their relevant regulations was still continuing. The Committee also noted that draft regulations to provide for a Code of Conduct for civil servants and for teachers had been prepared.

In its report received in June 1995, the Government again indicated that the work of the Committee which was appointed to review all the Service Acts and their relevant regulations was still continuing. The Committee hopes that the necessary action to bring section 69(1)(d) and (2) of the Industrial Relations Act into conformity with the Convention will now be taken and that the Government will report on the proposed amendments.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

Article 1(c) and (d) of the Convention. 1. In previous comments, the Committee noted that the provisions of section 157(1)(a), (b) and (e) of the Shipping Act, 1987 provide for penalties of imprisonment (involving, under rules 255 and 269(3) of the Prisons Rules, compulsory labour) for disobeying lawful commands and are substantially identical to provisions of the Merchant Shipping Act, 1894, which have been the subject of comments by the Committee for many years. While subsection (2) of section 157 of the Shipping Act, 1987 excludes the application of subsection (1) to a lawful strike after the ship has been secured in good safety to the satisfaction of the master and the port authority at a port in Trinidad and Tobago, subsection (1) may still be applied to strikes outside Trinidad and Tobago as well as to breaches of labour discipline which do not endanger the safety of the ship or the life or limb of persons (endangering life or ship is the subject of a specific provision in section 156, which has no bearing on the Convention). Similarly, section 158 of the Shipping Act, 1987 follows section 221 of the 1894 Act in punishing desertion and absence without leave with penalties of imprisonment involving compulsory labour. Finally, section 162 of the 1987 Act still provides for the apprehending and forcible conveyance of deserters on board ship upon the request of the master of the ship, regarding both seamen deserting in Trinidad and Tobago from a ship registered abroad and, by way of reciprocity, seamen deserting in a foreign State from a ship registered in Trinidad and Tobago. The Committee has noted the information in the Government's report for 1989-91 that the above-mentioned provisions are currently being examined in consultation with the Minister of Works, Infrastructure and Decentralization entrusted with the administration and implementation of the Shipping Act, 1987, as well as with the Solicitor-General. The Committee hopes that the Government will provide information on the outcome of these consultations and on measures taken to bring sections 157(1)(a), (b) and (e), 158 and 162 of the Shipping Act, 1987 into conformity with the Convention. The Committee also hopes that the Government will send, as indicated in its report, the statistical data on the practical application of these provisions. 2. In its previous comments, the Committee referred to section 8(1) of the Trade Disputes and Protection of Property Ordinance, under which penalties involving compulsory labour may be imposed for breach of contract by persons employed in certain public services where the probable consequences would be to deprive the inhabitants, wholly or to a great extent, of such services. The Committee observed that certain of the services mentioned in section 8(1) of the Ordinance (electricity, water, health, sanitary or medical services) are strictly essential because their interruption could endanger the life, personal safety or health of the whole or part of the population, while in others (namely, railway, tramway, ship or other transport services) only a few posts essential to security might fall under the same category. The Government indicated that no penalties involving compulsory labour had been imposed in the country for the purposes enumerated. In its latest report the Government indicates that the comments concerning the amendment of the aforementioned section 8(1) have been noted. The Committee again expresses the hope that the necessary action will soon be taken to bring law into conformity with the Convention on this point as well as with the indicated practice, by ensuring that no penalties involving compulsory labour may be imposed for breaches of contract which are not likely to endanger the life, personal safety or health of the whole or part of the population, and that the Government will indicate the measures taken to this end. Article 1(d). 3. The Committee has noted in previous comments that under section 69(1)(d) and (2) of the Industrial Relations Act, 1972, teachers in the public service are prohibited from taking part in a strike, subject to penalties of imprisonment involving the obligation to work. The Committee notes the Government's information in its report for 1989-91 that the work of the Committee which was appointed to review all the Service Acts and their relevant regulations is still continuing. The Committee notes in this connection that Draft Regulations to provide for a Code of Conduct for civil servants and for teachers have been prepared. The Committee hopes that in reviewing the legislation, the Government will take due account of the provisions of the Convention and that it will provide information on measures adopted to bring section 69(1)(d) and (2) of the Industrial Relations Act into conformity with the Convention.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

Article 1(c) and (d) of the Convention. 1. In previous comments, the Committee noted that the provisions of section 157(1)(a), (b) and (e) of the Shipping Act, 1987 provide for penalties of imprisonment (involving, under rules 255 and 269(3) of the Prisons Rules, compulsory labour) for disobeying lawful commands and are substantially identical to provisions of the Merchant Shipping Act, 1894, which had been the subject of comments by the Committee for many years. While subsection (2) of section 157 of the Shipping Act, 1987 excludes the application of subsection (1) to a lawful strike after the ship has been secured in good safety to the satisfaction of the master and the port authority at a port in Trinidad and Tobago, subsection (1) may still be applied to strikes outside Trinidad and Tobago as well as to breaches of labour disciplines which do not endanger the safety of the ship or the life or limb of persons (endangering life or ship is the subject of a specific provision in section 156, which has no bearing on the Convention). Similarly, section 158 of the Shipping Act, 1987 follows section 221 of the 1894 Act in punishing desertion and absence without leave with penalties of imprisonment involving compulsory labour. Finally, section 162 of the 1987 Act still provides for the apprehending and forcible conveyance of deserters on board ship upon the request of the master of the ship, regarding both seamen deserting in Trinidad and Tobago from a ship registered abroad and, by way of reciprocity, seamen deserting in a foreign State from a ship registered in Trinidad and Tobago.

The Committee noted the indication in the Government's report for 1989-91 that the above-mentioned provisions were being examined in consultation with the Minister of Works, Infrastructure and Decentralization entrusted with the administration and implementation of the Shipping Act, 1987, as well as with the Solicitor-General.

The Committee notes from the Government's latest report that additional measures to bring sections 157(1)(a), (b) and (e), 158 and 162 of the Shipping Act, 1987 into conformity with the Convention are still to be examined in consultation with the Ministry of Works and Transport entrusted with the administration and implementation of the Shipping Act, 1987, as well as with the Solicitor-General. The Committee hopes that the necessary action will now be taken and that the Government will soon report on the proposed amendments.

2. In its previous comments the Committee referred to section 8(1) of the Trade Disputes and Protection of Property Ordinance, under which penalties involving compulsory labour may be imposed for breach of contract by persons employed in certain public services where the probable consequences would be to deprive the inhabitants, wholly or to a great extent, of such services. The Committee observed that certain of the services mentioned in section 8(1) of the Ordinance (electricity, water, health, sanitary or medical services) are strictly essential because their interruption could endanger the life, personal safety or health of the whole or part of the population, while in others (namely, railway, tramway, ship or other transport services) only a few posts essential to security might fall under the same category. The Government indicated that no penalties involving compulsory labour had been imposed in the country for the purposes enumerated.

In its latest report the Government once more indicates that the Committee's observations with regard to the Ordinance have again been noted and will be given full consideration. The Committee hopes that accordingly appropriate amendments will now be prepared and that the Government will soon report on the action taken to bring section 8(1) of the Ordinance into conformity with the Convention.

Article 1(d). 3. The Committee noted in previous comments that under section 69(1)(d) and (2) of the Industrial Relations Act, Chapter 88.01, teachers in the public service are prohibited from taking part in a strike, subject to penalties of imprisonment involving the obligation to work.

The Committee noted the Government's indication in its report for 1989-91 that the work of the Committee which was appointed to review all the Service Acts and their relevant regulations was still continuing. The Committee also noted that draft regulations to provide for a Code of Conduct for civil servants and for teachers had been prepared.

In its latest report, the Government again indicates that the work of the Committee which was appointed to review all the Service Acts and their relevant regulations is still continuing. The Committee hopes that the necessary action to bring section 69(1)(d) and (2) of the Industrial Relations Act into conformity with the Convention will now be taken and that the Government will report on the proposed amendments.

[The Government is asked to report in detail in 1996.]

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 1(c) and (d) of the Convention. 1. In previous comments, the Committee noted that the provisions of section 157(1)(a), (b) and (e) of the Shipping Act, 1987 provide for penalties of imprisonment (involving, under rules 255 and 269(3) of the Prisons Rules, compulsory labour) for disobeying lawful commands and are substantially identical to provisions of the Merchant Shipping Act, 1894, which have been the subject of comments by the Committee for many years. While subsection (2) of section 157 of the Shipping Act, 1987 excludes the application of subsection (1) to a lawful strike after the ship has been secured in good safety to the satisfaction of the master and the port authority at a port in Trinidad and Tobago, subsection (1) may still be applied to strikes outside Trinidad and Tobago as well as to breaches of labour discipline which do not endanger the safety of the ship or the life or limb of persons (endangering life or ship is the subject of a specific provision in section 156, which has no bearing on the Convention). Similarly, section 158 of the Shipping Act, 1987 follows section 221 of the 1894 Act in punishing desertion and absence without leave with penalties of imprisonment involving compulsory labour. Finally, section 162 of the 1987 Act still provides for the apprehending and forcible conveyance of deserters on board ship upon the request of the master of the ship, regarding both seamen deserting in Trinidad and Tobago from a ship registered abroad and, by way of reciprocity, seamen deserting in a foreign State from a ship registered in Trinidad and Tobago.

The Committee notes the Government's information in its report that the above-mentioned provisions are currently being examined in consultation with the Minister of Works, Infrastructure and Decentralisation entrusted with the administration and implementation of the Shipping Act, 1987, as well as with the Solicitor-General.

The Committee hopes that the Government will provide information on the outcome of these consultations and on measures taken to bring sections 157(1)(a), (b) and (e), 158 and 162 of the Shipping Act, 1987 into conformity with the Convention. The Committee also hopes that the Government will send, as indicated in its report, the statistical data on the practical application of these provisions.

2. In its previous comments, the Committee referred to section 8(1) of the Trade Disputes and Protection of Property Ordinance, under which penalties involving compulsory labour may be imposed for breach of contract by persons employed in certain public services where the probable consequences would be to deprive the inhabitants, wholly or to a great extent, of such services. The Committee observed that certain of the services mentioned in section 8(1) of the Ordinance (electricity, water, health, sanitary or medical services) are strictly essential because their interruption could endanger the life, personal safety or health of the whole or part of the population, while in others (namely, railway, tramway, ship or other transport services) only a few posts essential to security might fall under the same category. The Government indicated that no penalties involving compulsory labour had been imposed in the country for the purposes enumerated.

In its latest report the Government indicates that the comments concerning the amendment of the aforementioned section 8(1) have been noted.

The Committee again expresses the hope that the necessary action will soon be taken to bring law into conformity with the Convention on this point as well as with the indicated practice, by ensuring that no penalties involving compulsory labour may be imposed for breaches of contract which are not likely to endanger the life, personal safety or health of the whole or part of the population, and that the Government will indicate the measures taken to this end.

Article 1(d). 3. The Committee has noted in previous comments that under section 69(1)(d) and (2) of the Industrial Relations Act, 1972, teachers in the public service are prohibited from taking part in a strike, subject to penalties of imprisonment involving the obligation to work.

The Committee notes the Government's information in its report that the work of the Committee which was appointed to review all the Service Acts and their relevant regulations is still continuing. The Committee notes in this connection that Draft Regulations to provide for a Code of Conduct for civil servants and for teachers have been prepared.

The Committee hopes that in reviewing the legislation, the Government will take due account of the provisions of the Convention and that it will provide information on measures adopted to bring section 69(1)(d) and (2) of the Industrial Relations Act into conformity with the Convention.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 1(c) and (d) of the Convention. 1. In previous comments, the Committee noted that the provisions of section 157(1)(a), (b) and (e) of the Shipping Act, 1987 provide for penalties of imprisonment (involving, under rules 255 and 269(3) of the Prisons Rules, compulsory labour) for disobeying lawful commands and are substantially identical to provisions of the Merchant Shipping Act, 1894, which have been the source of comment by the Committee for many years. While subsection (2) of section 157 of the Shipping Act, 1987 excludes the application of subsection (1) to a lawful strike after the ship has been secured in good safety to the satisfaction of the master and the port authority at a port in Trinidad and Tobago, subsection (1) may still be applied to strikes outside Trinidad and Tobago as well as to breaches of labour discipline which do not endanger the safety of the ship or the life or limb of persons (endangering life or ship is the subject of a specific provision in section 156, which has no bearing on the Convention). Similarly, section 158 of the Shipping Act, 1987 follows section 221 of the 1894 Act in punishing desertion and absence without leave with penalties of imprisonment involving compulsory labour. Finally, section 162 of the 1987 Act still provides for the apprehending and forcible conveyance of deserters on board ship upon the request of the master of the ship, regarding both seamen deserting in Trinidad and Tobago a ship registered abroad and, by way of reciprocity, seamen deserting in a foreign State from a ship registered in Trinidad and Tobago.

The Committee notes the indication in the Government's report that its observations have been noted and are receiving active consideration. The Committee asks the Government to specify in its next report what type of consideration the matter is receiving, particularly, what bodies are giving consideration and within what context. The Committee hopes that the necessary measures will soon be taken to bring sections 157(1)(a), (b) and (e), 158 and 162 of the Shipping Act, 1987 into conformity with the Convention, and that the Government will indicate the action taken. In addition, the Committee asks the Government to provide information, including statistical data concerning the practical application of sections 157(1)(a), (b) and (e), 158, and 162 of the Shipping Act, 1987.

2. For several years the Committee has commented upon section 8(1) of the Trade Disputes and Protection of Property Ordinance, under which penalties involving compulsory labour may be imposed for breach of contract by persons employed in certain public services where the probable consequences would be to deprive the inhabitants, wholly or to a great extent, of such services. The Committee observed that certain of the services mentioned in section 8(1) of the Ordinance (electricity, water, health, sanitary or medical services) are strictly essential because their interruption could endanger the life, personal safety or health of the whole or part of the population, while in others (namely, railway, tramway, ship or other transport services) only a few posts essential to security might fall under the same category. In its latest report the Government indicates that no penalties involving compulsory labour have been imposed in the country for the purposes enumerated.

The Committee takes due note of this indication. It hopes that accordingly, the necessary action will soon be taken to bring law as well as practice into conformity with the Convention on this point, by ensuring that no penalties involving compulsory labour may be imposed for breaches of contract which are not likely to endanger the life, personal safety or health of the whole or part of the population, and that the Government will indicate the measures taken to this end.

Article 1(d). 3. The Committee has noted in previous comments that under section 69(1)(d) and (2) of the Industrial Relations Act, 1972, teachers in the public service are prohibited from taking part in a strike, subject to penalties of imprisonment involving the obligation to work. The Government indicates in its latest report that the work of the Committee which has been appointed under the chairmanship of the Permanent Secretary to the Prime Minister and Head of the Civil Service to undertake a review of all the Service Acts and their relevant regulations is still continuing and it is hoped that the exercise will be concluded in the not too distant future. The Committee hopes that the Government will soon be able to report that the necessary measures have been taken to bring section 69(1)(d) and (2) of the Industrial Relations Act into conformity with the Convention.