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

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Trinidad and Tobago (Ratification: 1999)

Articles 2, 3 and 5 of the Convention. Implementation of a national policy for the vocational rehabilitation and employment of persons with disabilities. Consultations. The Committee notes with interest the efforts undertaken by the Government with a view to promoting the employment of persons with disabilities, particularly following the ratification by Trinidad and Tobago of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) on 25 June 2017. In this regard, the Committee notes the adoption of the revised National Policy on Persons with Disabilities (NPPD), approved by the Parliament on 16 May 2019. The NPPD envisages adopting a broad range of measures related to, inter alia, work and employment, education and awareness raising on disability issues. These measures include enacting legislation to give effect to the present Convention; implementing awareness-raising programmes for employers on the provision of reasonable accommodation, including for employees with mental disabilities; promoting access of persons with disabilities to self-employment opportunities; and collaborating with employers in the public and private sectors as well as persons with disabilities to increase their employment opportunities. The Committee observes that an Inter-Agency Committee to promote and monitor the implementation of the CRPD and the NPPD was established in March 2020 for a two-year term, comprising representatives from the government, non-governmental organizations (NGOs) and persons with disabilities. The Inter-Agency Committee developed an Action Plan, which envisages the implementation of several short- and medium-term initiatives in the area of work and employment. The Government indicates that, while some timelines have lapsed, the Ministry of Labour (MOL) continues to implement the actions envisaged under the Action Plan. In addition, the MOL collaborates with the Ministry of Social Development and Family Services (MSDFS) to identify employment opportunities for persons with disabilities. In the framework of the Universal Periodic Review (UPR), the Government indicated that through this project, persons with disabilities are registered with the National Employment Service (NES) to facilitate their employment. The project also facilitates entrepreneurial training and awareness raising for potential employers (A/HRC/WG.6/39/TTO/1, 17 August 2021, paragraph 73). Lastly, the Committee notes that the Government indicates that a stakeholder consultations on employment of persons with disabilities was projected for 2023 and that work would be undertaken towards the development of a framework for the employment of persons with disabilities. The Committee notes the Government ‘s indication that it intends to request technical assistance from the ILO Office for the Caribbean regarding employment of persons with disabilities. The Committee requests the Government to provide information on the nature and the impact of the measures takento promote employment of persons with disabilities in both the public and the private sectors, including those adopted in the framework of theNational Policy on Persons with Disabilities (NPPD) and its Action Plan as well as the Project “Enable”. It also requests the Government to provide information on how the representative organizations of employers and workers, as well as of organizations of persons with disabilities, are consulted on the implementation and periodic review of the NPPD. The Committee further requests the Government to provide detailed updated information on the practical application of the Convention, including available statistical data, disaggregated by age and sex, as well as extracts from reports, studies and inquiries concerning the matters covered by the Convention.

Article 4. Effective equality of opportunity and treatmentbetween men and women workers with disabilities, and between workers with disabilities and other workers. The Committee notes the set of measures foreseen to address discrimination against persons with disabilities in the legislation. The Government indicates that the Office of the Attorney General and Ministry of Legal have commenced the legislative process on a Disability Bill, addressing areas such as employment, equality and non-discrimination, and rehabilitation. The Bill also proposes the establishment of a Council of Persons with Disabilities, which will seek to provide advice to the Minister responsible for disability matters. Moreover, it is envisaged the development of a Draft policy position paper on employment standards through the Industrial Relations Advisory Committee (IRAC). This Draft Policy Paper refers to the drafting of an Employment Standards Bill, which includes a provision establishing that an employer shall not discriminate against a worker in employing, appointing, promoting or terminating and in the application of other terms and conditions set out in this legislation because of, among other grounds, disability, sex and gender (clause 2). In addition, the Committee refers to its 2021 comments on the implementation of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), where it noted the Government’s indication that draft amendments to the Equal Opportunity Act were under review by the Attorney General and the Minister of Legal Affairs in April 2021. The Committee observes that, under the NPPD, it is also envisaged to revise the national legislation, including in the area of employment and education, to ensure equality of opportunity non-discrimination against persons with disabilities in the workplace and employment. Regarding equal access to education and training to persons with disabilities, the Committee observes that the NPPD foresees the adoption of measures with a view to: (i) ensuring that appropriate legislation is in place in order to guarantee an inclusive education system that does not discriminate against persons with disabilities; (ii) enabling participation in mainstream education at all levels, from primary to tertiary levels, including adult education; and (iii) providing accessible technical and vocational training as well as entrepreneurial training. Moreover, the Ministry of Education, through the Special Education Unit of the Student Support Services Division (SSSD), provides support services for students with disabilities and other special education needs. Additionally, the SSSD has embarked on a pilot “Inclusive Schools Project” in primary and secondary schools, with a view to ensuring that education remains available, accessible, acceptable and adaptable to children with disabilities (A/HRC/WG.6/39/TTO/1, paragraph 74).

The Committee further notes that in its concluding observations, the UN Human Rights Committee (HRC), while noting the country’s efforts to address discrimination, expressed concern about the persistent discrimination suffered by persons with disabilities, in particular in the areas of education and employment. The HRC asked the Government to take effective measures to combat stereotypes about and negative attitudes towards persons on the basis of disability, in legislation, public policies and programmes, in both the public and the private spheres (document CCPR/C/TTO/CO/5, 1 December 2023, paragraphs 17 and 18 (d)). The Committee therefore requests the Government to continue its efforts aimed at promoting employment of persons with disabilities and to provide updated information, including statistical data disaggregated by age and sex, on the nature, scope and impact of any measures taken with a view to ensuring equality of opportunity and treatment in employment and occupation as well as in education and training between persons with disabilities and persons without disabilities, as well as between men and women with disabilities.It also requests the Government to provide updated information on the status of the Disability Bill as well as the Employment Standards Bill and thedraft amendments to the Equal Opportunity Act, particularly those related to disability, and to provide copies once they have been adopted.

Article 7. Adaptation of existing services to the needs of persons with disabilities. The Committee notes the information provided by the Government regarding the various measures taken to promote accessibility and adapt existing services to the needs of persons with disabilities, such as removing taxes on assistive devices and technologies used by persons with disabilities, encouraging the use of accessible and useable building and facilities codes in the building of new facilities or renovation of existing ones, and providing transportation services. With regard to the difficulties identified in enabling persons with disabilities to secure, retain and advance in employment, the Committee notes that the Government’s indication that, between November 2016 to January 2017, 116 employers participated in the survey “Employer Perspectives on Hiring and Retention of Persons with Disabilities” conducted by the MOL. The Committee observes that, while 90 per cent of the employers provided a positive response to partnering with organizations of persons with disabilities to support the hiring of persons with disabilities, the great majority highlighted the existence of barriers to the promotion of employment of persons with disabilities, including health and safety issues (77 per cent), lack of policy guidelines on measures to be taken on cases where an employee has acquired a disability (75 per cent), costs associated with the provision of appropriate accommodation (69 per cent), and lack of legislation encouraging the employment of persons of disabilities (42.6 per cent). The Committee therefore requests the Government to provide detailed information on the nature and the impact of the specific measures taken to address the abovementioned difficulties identified in enabling persons with disabilities to secure, retain and advance in employment, both in the public and the private sectors.

Article 8. Rehabilitation and employment services for persons with disabilities in rural and remote areas. In reply to the Committee’s previous request regarding the results of the 2014 survey and of an evaluation of the quality of rehabilitation and employment services available to persons with disabilities in rural areas and remote communities, the Government indicates that the survey was not accepted for analysis purposes due to significant inaccuracies on its poverty analysis. The Committee notes that the Government indicates that the National Centre for Persons with Disabilities provides skills training on a broad range of crafts (such as administration, garment construction, woodwork, information technologies) to men and women with disabilities across the country, including in remote areas. The Goodwill Industries of the West Indies and the Lady Hochoy Centre also provide skills training for persons with disabilities in Port of Spain. Moreover, annual subventions are provided to non-governmental organizations (NGOs) providing rehabilitation, skills training and employment placement services to persons with disabilities, including in remote and rural areas. However, the Government indicates that no evaluation of the quality of rehabilitation and employment services available for persons with disabilities in rural areas and remote communities has been undertaken. The Committee requests the Government to continue to provide updated and detailed information, including statistical data disaggregated by age, sex and region, on the nature, scope and impact of the vocational rehabilitation and employment services, including the training and professional guidance services, available to persons with disabilities in rural areas and remote communities. In particular, the Committee requests the Government to provide information on the impact of such measures in terms of the improvement of access for persons with disabilities in rural areas and remote communities to such services.

Article 9. Training of staff responsible for persons with disabilities. The Committee observes that, according to the NPPD report, training and certification on special education are provided and measures have been taken to ensure that programmes offered in education comprise a component on disability. The NPPD reports points out that, while these efforts have resulted in some improvements in the provision of education to students with disabilities, they have also highlighted the need for a more holistic approach to facilitate and foster inclusive education. Under the NPPD, measures are planned to provide adequate and appropriate professional support staff, delivering comprehensive pre-service training programmes and identified in-service training to train educators to meet the diverse learning needs of students with disabilities; and ensuring continuous skills upgrade to ensure teachers are equipped with current strategies relevant to teaching and learning for persons with various disabilities. The Committee notes that the Government reports that between 2017 and 2022, 245 staff members responsible for persons with disabilities in the National Centre for Persons with Disabilities, the Trinidad and Tobago Association for Hearing Impaired as well as Goodwill Industries of the West Indies, participated in training and retraining activities to improve their skills. The Committee encourages the Government to keep up its efforts as regards ensuring the training and availability of counsellors and other suitably qualified staff responsible for the vocational guidance, vocational training, placement and employment of persons with disabilities. It requests the Government to continue to provide updated information on the nature, the scope, and the impact of the measures taken with a view to ensuring the training and availability of advisers specialized in rehabilitation and of other qualified staff responsible for ensuring the provision of vocational guidance and training, and the placement and employment of persons with disabilities in the open labour market.