Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Trinidad y Tabago (Ratificación : 1963)

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. 1. Institutional framework. The Committee welcomes the adoption of the National Plan of Action against Trafficking in Persons 2021–2025. The Plan of Action outlines measures to improve the detection and identification of victims and to ensure the successful prosecution of cases of trafficking (United Nations press release of 19 October 2023). The Committee further notes that the Situational Assessment: An Analysis of the Victim Care Environment to Support Survivors of Human Trafficking in Trinidad and Tobago, published by the International Organization for Migration (IOM) in 2022, highlights that: (i) the National Task Force Against Trafficking in Persons, established under the Trafficking in Persons Act, has not been functional; (ii) the assumption of core roles by key agencies as stipulated by the Act has been stalled; (iii) the impact evaluation of the implementation of the Act is limited; and (iv) the existing prevention methods are inadequate.

The Committee hopes that the adoption of the National Plan of Action against Trafficking in Persons 2021–2025 and the measures taken for its implementation will help to strengthen the fight against trafficking, and requests the Government to provide information on:

• the measures taken under the National Plan of Action, including in the area of prevention;
• the results of any assessment made by the National Task Force to measure and evaluate the progress of the country in the fight against trafficking, as provided for under section 5 of the Trafficking in persons Act;
• the activities of the National Task Force against Trafficking in Persons, including information on any challenges it faces in fulfilling its mandate.

2. Protection of victims. The Committee notes that the Trafficking in Persons Act provides for detailed specific measures for the protection of and assistance to victims of trafficking in persons. Pursuant to section 37 of the Act, victims of trafficking who are not nationals of Trinidad and Tobago and their accompanying dependent children, may receive for the duration of their stay in Trinidad and Tobago, assistance for appropriate housing, education and training opportunities; psychological counselling; legal assistance and legal information; and medical assistance; as well as temporary residence permits. The Committee further notes that, according to the IOM Situational Assessment, there is a lack of shelter for victims of trafficking and there are no clear procedures for the treatment of victims. The Committee requests the Government to provide information on the specific measures taken to ensure that the victims of trafficking, both nationals and non-nationals, are provided with the assistance established in Part VI of the Trafficking in Persons Act. It also requests the Government to provide information on the number of victims of trafficking in persons who have been identified and benefited from such assistance. It also requests the Government to provide information on the number of shelters available for victims of trafficking in persons.

3. Enforcement and effective application of penalties. In reply to the Committee’s request for information on pending cases of trafficking in persons, the Government indicates in its report that there are eight cases before the High Court in which the accused are awaiting trial, and that there have been no convictions. The Government also indicates that no person was charged in the three cases of forced labour involving victims of Chinese origin that were previously identified by the Counter-Trafficking Unit.

The Committee notes that, in its 2023 concluding observations, the United Nations Human Rights Committee expressed its concern at the low number of investigations, convictions and sanctions for perpetrators. The Human Rights Committee also expressed concern about reports indicating that officials, including law enforcement officers, are complicit in trafficking in persons offences and in the sexual exploitation of women (CCPR/C/TTO/CO/5). The Committee further notes that, according to the IOM Situational Assessment, the number of cases of trafficking in persons has increased and that most of the victims are Venezuelan nationals. While sexual exploitation is the most prevalent form of exploitation, there have also been cases of labour exploitation in sectors such as agriculture, domestic work and construction.

The Committee notes this information with concern and recalls that Article 25 of the Convention requires governments to ensure that penalties imposed by law for the exaction of forced labour are adequate and are strictly enforced. The Committee also observes the absence of information from the Government on convictions issued in trafficking cases since the enactment of the Trafficking in Persons Act in 2011. The Committee requests the Government to take measures to strengthen the capacities of law enforcement officers to properly identify cases, undertake investigations and, on this basis, prosecute and impose adequate sanctions on perpetrators of trafficking in persons under the Trafficking in Persons Act. The Committee requests the Government to provide detailed information in this regard, as well as on the number of investigations undertaken and convictions handed down on cases of trafficking in persons, both for sexual and labour exploitation, indicating the type of penalty applied.

The Committee is raising other matters in a request addressed directly to the Government.