Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Migration for Employment Convention (Revised), 1949 (No. 97) - Trinidad and Tobago (Ratification: 1963)

Statistics on migration flows. The Government indicates that, under the Caribbean Community and Common Market (CARICOM) Single Market and Economy (CSME) regime, a total of 1,120 Skills Certificates were issued to Trinidad and Tobago nationals between 2020 and 2024, allowing them to work in other CSME countries. Additionally, from 2018 to 2024, 4,168 Trinidad and Tobago nationals were employed on Canadian farms under the Commonwealth Caribbean Seasonal Agricultural Workers’ Programme (CSWAP). Of these workers, men represented 94 percent. The Committee notes that, according to data from its Work Permit Secretariat, 15,970 foreign nationals were employed in Trinidad and Tobago from 2018 to 2024, comprising 2,226 females and 13,744 males from 133 countries. The largest groups of foreign nationals came from China (2,571), the United States (2,014), and India (1,409). The Committee requests the Government to continue providing detailed data on the migration flows, both from nationals employed abroad, and foreign nationals employed in Trinidad and Tobago. It asks that this information be disaggregated by sex, sector, nationality, and country of destination.

Article 1 of the Convention. Legislation and national policy. The Committee welcomes the repeal of the Foreign Labour Contracts Act in 2022 and the Government’s update that a Policy Position Paper, incorporating stakeholder feedback on amending the Employment Exchange Act, Chapter 88:09 (1919), was approved by Cabinet in March 2024. The Government indicates in its report that the Office of the Attorney General and the Ministry of Legal Affairs were instructed to proceed with implementing the proposed legislative amendments. The Committee further notes the Government’s review of the Recruiting of Workers Act, Chapter 88:10, with particular attention to workers placement and domestic workers protection. It also notes that, following national stakeholders’ consultations held in 2019 and input from a 2020 Working Group, a Policy Position Paper aligned with the Private Employment Agencies Convention, 1997 (No. 181) was submitted to the Cabinet in April 2024 and is awaiting a decision. Finally, the Committee notes the lack of progress of the draft National Labour Migration Policy, which was submitted to the Cabinet for consideration in November 2022 and is still under review. The Committee requests the Government to report on the progress made toward adopting the National Labour Migration Policy and amending the Employment Exchange Act and the Recruiting of Workers Act. It also requests information on any follow up given to the Policy Position Paper on Private Employment Agencies.

Article 5. Entry requirements and medical examination. The Committee notes the Government’s clarification that, in practice, immigration officials do not actively inquire if individuals fall into the specified categories under Section 8 of the Immigration Act of 1969 (idiots, imbeciles, feeble-minded persons, persons suffering from dementia and insane persons; persons afflicted with any infectious disease; dumb, blind or otherwise physically defective, or physically handicapped persons; and homosexuals), and focus on identity verification and the assessment of security risks. The Government also confirms that migrant workers intending to stay for a year or more are required to undergo medical examinations which does not include HIV testing. Further, applicants for work permit are not required to submit medical reports alongside their work permit applications. The Committee welcomes the Government’s indication that the Immigration Division is reviewing the Immigration Act, 1969 to adopt a non-biased approach that ensures equal opportunity and respect for human rights in the admission of foreign nationals. The Committee asks the Government to report on progress achieved toward amending the Immigration Act, including sections 8(a), (c), and (e), to remove any potentially discriminatory provisions.

Article 6. Equality of treatment. Further to its previous request to the Government to report on any measures taken to inform migrant workers of their rights under the Equal Opportunity Act, 2000, the Committee notes the support of the Equal Opportunity Commission (EOC) for the Caribbean Vulnerable Communities Coalition to promote health rights awareness for migrants and individuals living with HIV and AIDS. The Committee also notes the Ministry of Labour’s Conciliation Advisory and Advocacy Division (CAAD) initiatives to assist migrant workers, including the signing of an MOU with the Living Water Community in October 2023 to facilitate access to justice for labour disputes, and the launch of the National Tri-lingual Sexual Harassment Helpline. It further notes the EOC initiatives, in partnership with the Living Water Community, to deliver public education sessions on “Know your Rights” or “What are your rights as refugees”, for asylum seekers and refugees. According to statistics from the Regional Inter-agency Coordination Platform for Venezuelans (R4V) - Refugees and Migrant Response, there were approximately 29,509 Venezuelan refugees in Trinidad and Tobago as of August 2024. In that regard, the Committee wishes to point out that the Convention covers refugees and displaced persons when they are employed as workers outside their country of origin and that they should enjoy equality of treatment with the general working population with regard to conditions of employment (see General Survey of 2016, Promoting fair migration, paragraph 371–374). Furthermore, the Committee notes that since January 2020, the EOC has received four complaints of alleged discrimination based on national origin. All four complaints were investigated, with three later withdrawn and one found not determine to involve discrimination. None of these cases were referred to the Equal Opportunity Tribunal. In this context, the Committee underscores the challenges migrant workers face in enforcing their legal rights. Due to their particular vulnerability to abusive conditions, migrant workers often hesitate to report concerns about their working and living conditions, as doing so may lead to termination of their employment, which in turn could jeopardize their residence status. (see General Survey of 2016, Promoting fair migration, paragraph 461). The Committee requests the Government to continue providing information on the complaints submitted by migrant workers to the Equal Opportunity Commission and the Equal Opportunity Tribunal, including to the Labour Inspectorate.