Observation (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Trinité-et-Tobago (Ratification: 1963)

Article 1(c) of the Convention. Sanctions involving compulsory labour for various breaches of labour discipline. The Committee previously requested the Government to review the following provisions of the Shipping Act (Chapter 50:10), which provide for sanctions involving compulsory prison labour (by virtue of sections 251 and 269(3) of the Prison Rules) for breaches of labour discipline in circumstances where the life, personal safety and health of persons are not endangered:

• section 157(1) pursuant to which a seaman or apprentice engaged on a ship is liable to imprisonment when he or she:
• (a) wilfully disobeys any lawful command,
• (b) continually disobeys any lawful command, or continually and wilfully neglects his or her duty,
• …
• (e) combines with any of the crews to disobey lawful commands or to neglect duty or to impede the navigation of the ship or the progress of the voyage.
• section 158 which provides that where a seaman lawfully engaged or an apprentice belonging to a Trinidad and Tobago ship:
• (a) deserts from his or her ship or neglect or
• (b) refuses without reasonable cause to join his or her ship or to proceed to sea in his or her ship is liable to imprisonment (involving compulsory prison labour).

The Committee notes the Government’s information that the Shipping Bill, 2020, which seeks to repeal and replace the Shipping Act (Chapter 50:10), was prepared and sent to Parliament in 2020. The Bill repeals sections 157(1)(b) and (c) and section 158(a) and (b). Moreover, the Bill modifies section 157(1)(e) by replacing the penalty of imprisonment by an administrative fine. The Government indicates that the Shipping Bill is currently before a Joint Select Committee of the Trinidad and Tobago Parliament, which is conducting a clause-by-clause review of the Bill. The Committee takes due note of the measures taken by the Government to review the Shipping Act based on the Committee’s comments. It hopes that the Shipping Bill will be adopted by Parliament without delay and will ensure conformity with the Convention by removing sanctions of prison for breaches of discipline that do not endanger the life or the personal safety and health of persons. Lastly, the Committee requests the Government to provide a copy of the new legislation once adopted.

Article 1(c) and (d). Disciplinary sanctions for certain public servants. For a number of years, the Committee has requested the Government to review section 8(1) of the Trade, Disputes and Protection of Property Act, which provides for penalties of imprisonment involving compulsory labour for a person employed in certain public services, who wilfully and maliciously breaks a contract of service (the services not being limited 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 indication that a research paper for the amendments of the Act was completed in January 2023, and that workers’ and employers’ organizations were consulted thereon. Based on their contributions, a policy position paper will be prepared and submitted to the Ministry of Labour for review and approval. The Government specifies that the issue concerning penalties of imprisonment for peaceful participation in strikes will be taken into consideration during the ongoing process to amend the Trade Disputes and Protection of Property Act.

The Committee takes due note of the steps taken by the Government to review the Trade Disputes and Protection of Property Act and requests it to continue taking measures to ensure that no penalties involving compulsory labour be imposed on public servants for breaking a contract of service, when such interruption does not endanger the life, personal safety, or health of the whole or part of the population. The Committee requests a copy of the amended legislation once adopted.

Article 1(d). Sanctions involving compulsory labour for participating in strikes. For a number of years, the Committee has been drawing the Government’s attention to the following legislative provisions of the Industrial Relations Act (Chapter 88:01), which provide for sanctions of imprisonment (involving compulsory prison labour) that could be applied for participating in strikes:

• section 67(3) of the Industrial Relations Act, which provides for sanctions of imprisonment for an employer or worker that takes part in industrial action if he or she carries on or is engaged in an essential service;
• section 69 of the Industrial Relations Act, which provides for sanctions of imprisonment for members of the public service, prison service, fire service, teaching service or the Central Bank who take part in any industrial action.

The Committee notes the Government’s indication that the process of reviewing the Industrial Relations Act is still under way, pending pronouncement from the Cabinet on a policy paper prepared for this purpose. It observes that the Government specifies that the policy paper does not address the issue of the imposition of sanctions of imprisonment for participation in strikes. The Committee notes with regret that, despite its reiterated comments, the above-mentioned provisions have not yet been reviewed.

In this respect, the Committee has continuously emphasized that no penal sanctions (including imprisonment involving compulsory labour) should be imposed against a worker for having peacefully carried out a strike and thus for merely exercising an essential right. Such sanctions could be envisaged only where, during a strike, violence against persons or property, or other serious infringements of penal law have been committed or when the existence or well-being of the whole or part of the population is endangered.

Therefore, the Committee urges the Government to review sections 67(3) and 69 of the Industrial Relations Act to ensure that, unless the well-being of the whole or part of the population is endangered, no penal sanctions can be imposed on essential services workers for participating in strikes peacefully. The Committee also refers to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.87).