Human Rights Council
Working Group on the Universal Periodic Review Twenty-fifth session
2–13 May 2016
National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21*
Trinidad and Tobago
* The present document has been reproduced as received. Its content does not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations.
General Assembly Distr.: General 19 February 2016 Original: English
Introduction
1. The National Report for the second cycle of Universal Periodic Review (UPR) of the Republic of Trinidad and Tobago was prepared in accordance with the General Guidelines for the Preparation of Information for the UPR and Human Rights Council resolution 5/1 (18 June 2007), resolution 16/21 (25 March 2011) and decision 17/119 (17 June 2011).
Since the completion of Trinidad and Tobago’s first review in 2011, there was a change in administration on 7 September 2015 by national general election in accordance with the Constitution. As evidence of the strength of our democratic process, the administrative change was a smooth and peaceful one as reported by the Commonwealth Observer Group invited by the incumbent to assess the credibility of the electoral process.
2. The Government of Trinidad and Tobago submitted its UPR Mid-Term Progress Report in 2015 and was recognised as the first Commonwealth Caribbean State to submit such a report. To that end, Trinidad and Tobago is pleased to state that it has indeed made significant advances in the promotion and protection of human rights based on its voluntary commitments to accepted recommendations made at the last review. The UPR process as a whole served as an effective mechanism to which a national human rights agenda was developed to further promote and strengthen human rights protection efforts.
3. The Second National Report for UPR will highlight the major developments that have occurred since the last review and in the period of follow-up and implementation.
Within the last four years, the Government has placed emphasis on anti-corruption, recognising the issue of corruption as a systemic problem that directly stymies the full enjoyment of human rights. Additionally, there have been achievements within the realm of children’s rights that have changed the landscape of child protection as well as the rights of persons with disabilities. Gender equality and the elimination of all forms of discrimination continue to be pursued by the Government through the enactment of legislation and policy.
Citizen security and the reduction of violent crime continue to remain top priorities.
I. Methodology and consultative process
4. The International Law and Human Rights Unit (ILHRU) in the Ministry of the Attorney General of Trinidad and Tobago is responsible for the drafting of National Human Rights Reports including the National Report for the Universal Periodic Review. To that end, the ILHRU adopted a consultative approach, requesting submissions from both Civil Society Organisations and Government Stakeholders. Due to the success of consultations in the first cycle, the ILHRU pursued conferences with individual Government Ministries and Government agencies such as the Children’s Authority and the Equal Opportunity Commission as well as independent institutions such as the Police Complaints Authority and the Ombudsman. Consultations were also held with the Tobago House of Assembly (THA) which is responsible for administering the affairs of Tobago. The consultative process was also greatly enhanced by the fervent participation of a wide cross-section of non-governmental organisations (NGOs) of the civil society community in both Trinidad and in the island of Tobago. The Civil Society Consultations raised a great number of human rights concerns including issues of security, the empowerment of women, rights of prisoners, rights of persons with disabilities, poverty, child abuse and children in conflict with the law.
II. Developments since previous Universal Periodic Review
5. Since the official adoption of the outcome of Trinidad and Tobago’s review by the Human Rights Council in 2012, there have been significant advancements to the human rights protection landscape including legislative, institutional and infrastructural changes.
The following represents the most noteworthy advances that came as a consequence of the recommendations accepted by the Government of Trinidad and Tobago and the voluntary commitments given to address specific issues raised by the Council.
6. In 2011, Trinidad and Tobago accepted the recommendation to enact human trafficking legislation to improve prosecution of trafficking offenders and protections for victims of forced labour and sex trafficking. At the time of the review, the Trafficking in Persons Act, 2011 was passed in the Parliament but not yet proclaimed to give effect to its provisions. The proclamation was delayed so as to allow the infrastructural framework as established within the legislation to be put in place. On the 2January 2013, the Trafficking in Persons Act, 2011 came into force by proclamation. The legislation has been described as comprehensive, adopting a victim centred approach and placing particular attention on women and children as in accordance with the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. The object of the Act is to prescribe measures to prevent and combat trafficking in persons including children, by:
(a) protecting and assisting victims of trafficking;
(b) facilitating the efficient investigation of cases of trafficking in persons;
(c) facilitating the prosecution of individuals and organizations involved in trafficking in persons; and
(d) promoting cooperation between Trinidad and Tobago and other States in order to prevent and suppress trafficking in persons and to punish offenders.
7. The Act also establishes a Counter Trafficking Unit (CTU) which began operations in January 2013 together with the proclamation with the Act. The CTU has responsibility for the day-to-day counter-trafficking response of the Government and for specifically addressing all matters related to human trafficking, including investigating cases; screening and identifying victims; protecting and assisting victims, and raising public awareness about the crime and how to prevent it. The National Task Force for Counter Trafficking which is an inter-ministerial committee to which the CTU makes periodic reports on the progress of counter human trafficking effort in Trinidad and Tobago has been repopulated in 2016 under the new administration. A working group and steering committee have also been established to form a complete national mechanism to deal with the issue of human trafficking in Trinidad and Tobago.
8. On ratification of the United Nations Convention Against Corruption (UNCAC) in 2006, Trinidad and Tobago committed itself to the implementation of the provisions of the Convention, to be reviewed periodically and to undertake peer reviews of States Parties. It is against this commitment that Trinidad and Tobago received commendation from the United Nations Office on Drugs and Crime (UNODC) for successfully completing its initial review under UNCAC in 2013 with focus on Chapter III (Criminalization and Enforcement) and Chapter IV (International Cooperation) of the Convention. At the Fifth Conference of States Parties in Panama City, Panama, the successful completion of Trinidad and Tobago’s Review was announced and in the official publication of the Executive Summary to the Country Report.
9. Trinidad and Tobago’s Initial Peer Review under UNCAC serves as an important tool to examine the areas in which anti-corruption measures need to be strengthened.
Pursuant to the recommendations received for Chapter III and IV, the Government committed to examine the implementation of these recommendations so as to improve the anti-corruption framework in accordance with the obligations of UNCAC.
10. In February 2015, Trinidad and Tobago was pleased to submit to the Committee on the Elimination of All Forms of Discrimination Against Women, its Combined Fourth to Seventh Periodic Reports. The submission of this combined report constituted a significant achievement for the Government as it remained an outstanding national report for several years. Despite the overdue status, the Ministry of the Attorney General in collaboration with the former Ministry of Gender, Youth and Child Development and other key stakeholders remained committed to completing the national report as part of its responsibility to map the progression and the challenges faced in implementing the obligations of CEDAW and to contribute to the improvement in the human rights situation of women. Trinidad and Tobago is due to be reviewed by the Committee in July 2016.
11. During Trinidad and Tobago’s initial Universal Periodic Review, the Government agreed to examine the ratification of the Convention on the Rights of Persons with Disabilities (CRPD). On 25 June 2015, Trinidad and Tobago ratified the CRPD, committing itself internationally to the advancement of the rights of persons with disabilities. Although Trinidad and Tobago does not yet have legislation specifically addressing the concerns of persons with disabilities, since ratification, the Government began the process of establishing an Inter-Ministerial Committee to oversee the implementation of the Convention. The work of the Committee would also involve the formation of policy and the enactment of legislation.
12. Trinidad and Tobago received various recommendations during its initial review concerning the full implementation of the Children’s Authority and the proclamation of the Children Act, 2012.
13. On 18 May 2015, the Children Act, 2012 was proclaimed which resulted in the immediate operationalization of the Children’s Authority. The Children Act, 2012 along with other key pieces of legislation and the Children’s Authority represent an overhaul of the former child protection system to a new regime. The Children Act, 2012, repealed and replaced the Children Act, 1925. The new legislation is wide ranging in its scope and deals with, inter alia, sexual conduct against children, cruelty, juvenile justice, corporal punishment, compulsory school age, evidence and procedures in relation to children in criminal proceedings, Children’s Attorneys and the employment of children. The Children’s Authority which was established by the Children’s Authority Act, 2000 serves as the hub of the new national child protection system and performs several key functions geared towards safeguarding and improving the lives of children in Trinidad and Tobago.
The Children’s Authority receives and investigates reports of the mistreatment of children and, in order to deliver the most effective service, has established a 24-hour Helpline where reports can be made anonymously. It has also established an Emergency Response Team which is available to investigate reports of the mistreatment of children on a 24-hour basis.
III. Promotion and protection of human rights on the ground
A. International covenant on civil and political rights
1. Constitutional Reform
14. During the months of March to December 2013, a National Commission on Constitutional Reform was established to engage the population in a dialogue about their
aspirations and desires in respect of constitutional reform. The Commission was comprised of four Commissioners and a Chairman.
15. Through the nationwide consultation, some of the major issues raised included inter alia:
• the wording of the preamble in the Constitution should not eliminate the reference to God, but should be amended to provide a sense of inclusion;
• sexual orientation and human rights should be made subject to further national discussions and public education;
• the Constitution should protect the inherent rights and legacies of First Peoples; and
• consider campaign financing reform.
16. On completion of its deliberations, the Commission submitted its official Report with its recommendations to the Prime Minister on 27 December 2013. The Report and its recommendations were used as a basis in which to formulate the Constitutional (Amendment) Bill 2014 which was introduced into Parliament in August 2014. This Bill lapsed on account of the need for inter alia further consultation.
2. Right to life, right to liberty and security of the person
17. The right of the individual to life, liberty, security of the person and enjoyment of property and the right not to be deprived thereof except by due process of law is enshrined in section 4 of the Constitution. In 2011, Trinidad and Tobago accepted the recommendation to exercise the full authority of the law, while ensuring respect for human rights, to eradicate the scourge of violence. In an effort to implement this recommendation and to address the increasing levels of gun violence, the Government enacted the Bail (Amendment) Act, 2015 which provides for the restriction of bail for a limited period in respect of certain offences involving the use or possession of a firearm.
18. The Government has also recognised the importance of the use of technology in preventing and detecting crime. The Administration of Justice (Deoxyribonucleic Acid) Act, 2012 was assented to 10 May 2012 and provides for the use of DNA information for forensic purposes, for the classification of tissue and body samples into two categories (intimate and non-intimate) and to distinguish the procedure by which each type of sample is obtained. The Act also provides for the establishment of a DNA databank known as the National Forensic DNA Databank of Trinidad and Tobago for the purpose of collecting DNA profiles attributed to individuals or crime scenes. At the law enforcement level, the use of technology has been particularly important. The Trinidad and Tobago Police Service (TTPS) has engaged in expanding its use of advanced technology to fulfil its mandate to provide safety and security to the public. Global Positioning Systems (GPS) tracking, Geographic Information System (GIS) technology, geo-fencing, automated fingerprinting, e-ticketing devices, digital recording of interviews, electronic identification parades, “quick clotting bandages”, body worn cameras and the use of Interpol databases are some of the technologies that are currently in use or being pursued by the TTPS.
19. In recognition of the need to address crime and violence in the society, the Ministry of National Security has been involved in a number of programmes, which seek to, inter alia: reduce victimization; reduce risk and build youth resilience; control street gangs and organised crime; reform the justice system; and build capacity for evidence based policy development. The Citizen Security Programme is one such initiative of the Ministry of National Security geared towards reducing crime and violence and is partially financed through a loan facility from the Inter-American Development Bank (IDB). Since the establishment of the programme, twenty-two (22) high needs pilot communities were
identified for implementation. This has subsequently been expanded to include eight (8) additional communities. The specific objectives of the Programme are:
• the reduction of the levels of homicides, robberies and assaults in partner communities;
• an increase in the perception of safety in partner communities;
• the reduction of injuries related to firearms, child abuse, domestic violence and youth violence; and
• an increase in the partner communities’ collective ability to prevent violence.
20. The crime of human trafficking remains a significant focus of the Ministry of National Security. Since the proclamation of the Trafficking in Persons Act, 2011 and the operationalization of the Counter-Trafficking Unit (CTU) in 2013, there have been significant efforts towards raising awareness nationally about trafficking in persons. In accordance with the mandate of the CTU, the Unit joined forces with international organisations such as the International Organisation for Migration (IOM) as well as local non-governmental organisations to conduct national awareness programmes, training sessions and workshops in sensitizing key stakeholders that would be involved in the fight against human trafficking. These key stakeholders included High Court judges and magistrates, police officers, immigration officers, social workers, psychologists and Labour Inspectorate officers among others. In March 2015, the CTU launched its Hotline (800- 4288 or 800-4CTU) which provides an avenue for members of the public to report suspicious activity relating to trafficking in persons.
21. Recognising the global crisis concerning the situation of refugees and asylum seekers, and being party to the 1951 Convention Relating to the Status of Refugees as well as the 1967 Protocol Relating to the Status of Refugees, the Government has sought to address the issue as it relates to the refugees and asylum seekers within its borders. In June 2014, a National Policy to Address Refugee and Asylum Seeker Matters was approved by the Cabinet. This policy provides a framework for the gradual development of domestic Refugee Status Determination (RSD) in Trinidad and Tobago. It also promotes the systematic development of capability through capacity building and training for officials, adoption of Standard Operating Procedures (SOPs) for treating with refugees and asylum seekers, the enactment of legislation and the creation of a “Refugee Unit or Office” within the Immigration Division of the Ministry of National Security to treat with these matters.
The policy recommends that recognised refugees be entitled to certain rights including a permit authorising the refugee to remain in the country; work authorisation; identity papers;
a travel document; medical care; freedom of movement as any national; family reunification; educational opportunities; counselling for trauma or other psychological issues; and the right not to be expelled from the country (unless the refugee poses a threat to national security or the public order).
22. With regard to the human rights of migrant workers and their families, the Ministry of National Security, in collaboration with other stakeholders, is undertaking a review of the draft Immigration Policy which was developed to address current and other emerging migration matters. This policy seeks to update the national migration management framework in order to:
• attract persons who can contribute positively to the development of the country and at the same time, debar those who present a threat to the country’s well-being;
• facilitate the orderly management of migratory flows;
• ensure that this country’s political, social and economic interests are protected;
• give effect to and comply with international conventions and obligations; and
• maintain an environment of safety and security.
3. Access to justice
23. As a nation that continues to safeguard its democracy, the administration of justice is fundamental to such democratic governance. In this regard, three separate pieces of legislation are currently applicable in Trinidad and Tobago in relation to the use of preliminary enquiries in the administration of justice. The Administration of Justice (Indictable Proceedings) Act, 2011 repeals the Indictable Offences (Preliminary Enquiry) Act, 1917. However, the Indictable Offences (Preliminary Enquiry) Act, 1917 shall continue to apply to proceedings which were instituted prior to the coming into force of the 2011 Act where parties have agreed to this. As a result of the revisions to the operationality of the Administration of Justice (Indictable Proceedings) Act 2011, the Indictable Offences (Committal Proceedings) Act, 2014 was passed by Parliament for the elimination of preliminary enquiries and for the committal of accused persons based on written statements submitted by the prosecution to the enquiring Magistrate. The enactment of this piece of legislation would allow for the reduction in the length of time between the laying of a charge and the trial in the High Court. The Legal Aid and Advice (Amendment) Act, 2012 gives juvenile persons and persons arrested for indictable offences access to legal aid regardless of the time of their arrest due to the introduction of a 24 hour Duty Counsel Scheme. The Administration of Justice (Electronic Monitoring) Act, 2012 was assented to by the President and is awaiting proclamation. This Act establishes an Electronic Monitoring Unit which aims to supervise offenders who are serving their sentences in communities across Trinidad and Tobago. It is expected that the introduction of electronic monitoring will relieve prison overcrowding while offering effective supervision outside of correctional institutions.
24. The judicial arm of the Government has sought to treat with the accepted recommendation to reduce the case backlog and address the inefficiencies in the judicial system that contribute to lengthy pre-trial detentions and exacerbate difficult prison conditions. In September 2015, the Chief Justice of Trinidad and Tobago was pleased to announce the approval of Criminal Case Management Rules that would facilitate early disclosure and disposal of preliminary issues, impose stricter timelines and also impose a positive obligation on all parties, including Judicial Officers to assist in progressing cases in accordance with the overriding objective of dealing with cases justly and expeditiously.1 25. Goodyear Hearings or Maximum Sentence Indications have been adopted and issued as a Practice Direction by the Chief Justice. This procedure allows an accused who has committed an offence, to request the Court to give a binding indication of the maximum sentence he or she is likely to receive in the event of a guilty plea on the basis of factual admissions advanced voluntarily by the accused and agreed by the Prosecution.2
26. In the last cycle, Trinidad and Tobago accepted the recommendation to establish a modern Juvenile Justice System to consolidate the protection of the rights of children. The Judiciary has recognised the need for juvenile justice reform and the importance of engaging in direct initiatives that are rehabilitative and restorative so as to reduce recidivism among young offenders. In this regard, the Judiciary has undertaken a project in collaboration with USAID (U.S. Agency for International Development) and the United Nations Development Programme (UNDP) to establish a Juvenile Court in Trinidad and Tobago. The project will establish two juvenile and youth courts under the stewardship of trained Judicial Officers who will serve to develop civic responsibility, youth leadership and the use of positive peer pressure to encourage young people accused of committing minor offences to take responsibility for their behaviour in keeping with a more rehabilitative and less punitive approach. The project will develop court-annexed diversion
programmes through coordination and referral mechanisms in cooperation with the Children’s Authority, other State agencies and non-governmental organisations.3
27. Drug Treatment Courts were launched in 2012 as a means of supervising cases of drug offenders who agree to participate in treatment for their substance abuse. The Drug Treatment Court was launched as a Pilot to inform legislation for wider implementation in selected locales throughout Trinidad and Tobago for adults and juvenile target groups. In 2015, the Court celebrated its second group of graduates from the programme.
28. The former Ministry of Justice, now incorporated into the Ministry of National Security, had embarked upon the introduction and implementation of a system of Offender Management. This system sought to establish a seamless process for offenders from the point of arrest through to the point of release. At its core will be the delivery of a managed set of interventions, sequenced and tailored to respond to the risks and needs of the individual offender.
29. In light of the accepted recommendation to improve the living conditions in prisons and detention centres, the Prison Service Act, 1965 was amended by the Miscellaneous Provisions (Prisons) Act, 2014 along with the Prison Rules to provide for, inter alia, the removal of an Inspector of Prisons and the creation of an Inspectorate of Prisons and the establishment of an Appeals Tribunal in respect of disciplinary actions against prisoners.
The Inspectorate is charged with the responsibility to inspect and report on the conditions in prisons, industrial institutions, the treatment of prisoners, prisoner complaints and programmes, facilities, services and opportunities available to promote the rehabilitation of prisoners and young offenders.
30. Additionally several initiatives were undertaken by the former Ministry of Justice as a means of addressing prison overcrowding and other critical inmate needs. These include:
• construction of a video conferencing facility at the Remand Prison compound to facilitate court hearings by video conferencing link;
• construction of a Visitors’ Waiting Facility at the Golden Grove Prison;
• upgrade of the Sewer System at Golden Grove Prison;
• construction of a High Security Perimeter Enclosure at the Maximum Security Prison that would allow all inmates to engage in outdoor activities such as agricultural production, aquaculture and fish farming and poultry rearing. These activities will complement the existing educational, sporting, spiritual and cultural programmes at the facility;
• expanded delivery of cultural, sporting, academic, technical, vocational, religious, life skills and other rehabilitative programmes; and
• appointment of a Special Prisons Committee to investigate, study and make recommendations to equitably and expeditiously resolve complaints identified by the prison officers and prisoners.
31. The Police Complaints Authority (PCA) became duly constituted on December 29, 2010. It is the Authority responsible for investigating criminal offences by police officers, police corruption and serious police misconduct. Since 2010, the PCA has maintained a significant presence, while earning the public’s trust as an independent civilian oversight body mandated, among other things, to investigate complaints within its remit. The success of its reputation is partly due to its aggressive and continuous community outreach programmes designed to educate and sensitize the public to gain a better appreciation of the role and responsibilities of the PCA. By going into communities across both Trinidad and Tobago, the organization is better informed about the unique needs of the public based on the complaints of residents. In February 2014, the PCA established an office on the island
of Tobago based on a request by Tobago residents to have easier access to the services of the PCA. A permanent presence in Tobago is just the beginning of an increased effort to ensure that the residents of Tobago get the quality of service from the PCA, to which they are entitled.
32. Despite the significant successes of the PCA, the Authority operates under various legislative constraints that hinder its ability to efficiently carry out its mandate. One such significant constraint is the fact that PCA’s investigators do not have the same powers, privileges, authorities and immunities of members of the Trinidad and Tobago Police Service which are necessary to carry out their investigative functions. Proposed amendments to the Police Complaints Authority Act, 2006 as well as other pieces of legislation to address these issues have been outlined in the PCA’s Fourth Annual Report 2013/2014 and laid in Parliament in accordance with section 20 of the Act.
4. Right to freedom of the press
33. In 2013, a commitment was made to amend the law relating to criminal defamation with a view to ensuring that members of the media fraternity will be free to engage in responsible journalism without fear of criminal liability. This commitment was materialized in 2014 with the enactment of the Libel and Defamation (Amendment) Act, 2014. This amendment repeals section 9 of the Libel and Defamation Act, 1845 and thus abolishes the criminal offence of malicious defamatory libel.
B. International covenant on economic, social and cultural rights
1. Right to work
34. Protecting the rights of workers and the rights of employers continue to take priority in the Government’s legislative agenda. In 2012, the Masters and Servants Ordinance, 1938, which was oppressive towards workers, was repealed. In the same period, a policy was approved to inform new legislation with a view to repealing and replacing the Workmen’s Compensation Act, 1960. The policy proposes, inter alia, that the new legal framework for employee injury benefits should provide employee injury benefits to all persons in an employment relationship with an employer and all persons in a state of dependency on a deceased employee. The Draft Bill is currently before the Legislative Review Committee, after which the Bill is expected to be laid in Parliament. The Minimum Wages Order 2015, increased the national minimum wage from TT$12.50 per hour to TT$15.00 per hour with effect from January 1, 2015.
35. The Ministry of Labour and Small Enterprise Development is the Ministry mandated to deal with issues of labour administration and micro and small enterprise development. It is guided by the international labour standards embedded in the Decent Work Agenda of the ILO in its efforts to promote the rights at work. In 2013, the Social Dialogue Task Force was formed to assist in resolving important economic and social issues, to encourage good governance, advance social and industrial peace and stability as well as to boost economic progress. In 2012, the Ministry launched a National Domestic Workers Register, which encourages domestic workers and employers of domestic workers to register with the Ministry. Its objective is to provide for proactive monitoring activities by labour inspectors to ensure decent working conditions for domestic workers. The Register will also provide vital labour market information on the demographics of domestic workers which will assist in policy development and in review of labour legislation specific to this sector.
36. Since its establishment in 2011, the National HIV/AIDS Workplace Advocacy and Sustainability Centre (HASC) continues to promote the implementation of the principles of Trinidad and Tobago’s National Workplace Policy on HIV and AIDS in all workplaces. In
this regard, the HASC signed Memoranda of Understanding (MOUs) with 26 organisations in the private and public sectors, informal economy and trade unions, which signified the organisations’ commitment to developing and implementing individual HIV/AIDS workplace programmes. In addition, the HASC conducted sessions on HIV/AIDS and the world of work with 236 organisations in the public and private sector, unions, non- governmental organisations, members of the informal economy and training organisations.
2. Right to enjoy the highest standard of physical and mental health
37. The Government remains committed to ensuring that the people of Trinidad and Tobago can have access to and enjoy the highest standard of physical and mental health care. In its efforts to improve the standard of health care, the Regional Health Authorities (Amendment) Act, 2012 and its Regulations (2013) were enacted to provide for the procurement of goods and services collectively, where it is economically expedient to do so. In addition, the Emergency Ambulance Services and Emergency Medical Personnel Regulations were passed in 2012.
38. In addition to the legislative framework, the public health sector has benefited significantly from the commissioning of new health facilities, which would assist in meeting the high demand for health services. These new facilities include the San Fernando Teaching Hospital which was commissioned in January 2014 and caters to maternal and child health among various other services. The Carenage Health Centre, a primary healthcare facility which will serve the needs of approximately 50,000 people in the north- western peninsula of Trinidad was opened in August 2015 and includes services such as dental, Point of Care testing, pharmaceutical and wellness. The Scarborough General Hospital in Tobago was commissioned on a phased basis in 2012 and introduced the “e- health card”, a new technology in patient health care service.
39. The Ministry of Health continues to engage in several new initiatives to improve and advance its health care services. One of the most successful programmes of the Ministry of Health in 2014 is the External-Patient Programme which provides services such as MRI, cataract surgery, CT Scans, prosthetics and orthopaedics, knee and hip replacement, dialysis and angiograms. Also in 2014, the Ministry of Health and the People’s Republic of China signed a Memorandum of Understanding that will see 10 senior Chinese health professionals brought to Trinidad and Tobago to assist in enhancing the delivery of health care services in tertiary health care facilities. Additionally, the Ministry of Health has engaged with the United Nations Development Programme to procure 30 doctors from various countries under the United Nations Volunteer Programme. These doctors have been assigned to primary health care facilities across Trinidad and Tobago for 3 years and will enhance the delivery of health care services. Other initiatives during the period of Review include the “Health For All: Because Everyone Matters – A Love Yourself Initiative”
which is a project to provide health screening for children living in vulnerable communities; the initiation of an Organ Donation and Transplant Network for Trinidad and Tobago; and the launch of a National Mental Health Awareness Campaign.
3. Right to housing
40. The Government has consistently maintained its commitment, since Trinidad and Tobago’s Independence, to provide assistance for home ownership to low and middle income earners. The Ministry of Housing and Urban Development is the Ministry responsible for providing adequate and affordable homes. Over the period 2012-2014, the Trinidad and Tobago Housing Development Corporation (HDC) of the Ministry constructed 4,245 houses, and launched an initiative in 2015 to distribute 100 homes each week to citizens. It should be noted that 5% of all housing is reserved for distribution to
senior citizens and members of the differently-abled community. The HDC also constructed and provided homework centres and recreational facilities.
41. In addition to constructing affordable housing, the Ministry of Housing and Urban Development is responsible for providing for the proper maintenance of existing homes.
The Housing Policy Facilitation and Implementation Unit is responsible for administering the Ministry’s home improvement grant programme which provides a grant of a maximum of TT$15,000.00 to effect housing repairs for low-income home owners. Over the period 2012-2015, a total of 5,394 grants were disbursed, for a total of TT$80.93 million. The Unit has also partnered with local non-governmental organisations and the former Ministry of the People and Social Development in an effort to increase their services and reach more of the relevant citizenry.
42. Under the Tobago Housing Development Programme, the THA constructs houses to assist first-time home buyers and offers housing at cost price to eligible citizens of Trinidad and Tobago who are resident in Tobago.
4. Right to education
43. Education has always been at the forefront of the Government’s investment in sustainable development. In 2015, Trinidad and Tobago achieved Universal Early Childhood Care and Education (ECCE), which is coupled with the already existing Universal Primary and Universal Secondary education, as well as Universal Tertiary education up to the undergraduate level. Currently there are 208 operational ECCE Centres with 12 new ECCE Centres awaiting staff to be opened, bringing the total to 222 public ECCE Centres.
44. As part of the focus on education, Trinidad and Tobago has sought to infuse Information Technology services into the education infrastructure as it recognises the need for students and teachers to learn and interact with modern technologies in the classroom.
In 2010, the Government introduced an initiative to provide all students entering secondary school with a laptop. Since then, over 95,000 laptops have been provided to students as well as over 5,000 laptops to teachers, principals and school supervisors. Thousands of teachers have been trained in Information Communication Technology (ICT) and infusion of ICT into the curriculum. All secondary schools as well as over 300 primary schools have been equipped with computer labs.
45. In addition to these innovations, the Government continues to provide social support services to students such as the provision of lunch and breakfast through the school feeding programme, free transportation service for students in school uniform, provision of main textbooks and a uniform grant.
46. Further to these policy measures, there have also been important legislative changes that promote the right to education. With the proclamation of the Children Act, 2012, the age of compulsory schooling has increased from 6–12 to 5–16 years. The abolition of corporal punishment in schools is now enacted into law by section 4 of the Children Act, 2012.
5. Rights of persons with disabilities
47. In June 2015, Trinidad and Tobago ratified the Convention on the Rights of Persons with Disabilities (CRPD). An Inter-Ministerial Committee was established to operationalize the articles of the Convention. Since ratification, Trinidad and Tobago committed itself to the obligations of the Convention including the adoption of appropriate legislation, data collection, establishment of reporting mechanisms and measures to progressively realise the human rights of persons with disabilities as it pertains to the Convention.
48. The newly constructed National Enrichment Centre for Persons with Disabilities formerly known as the National Development Centre for Persons with Disabilities was commissioned in July 2015 to enhance the quality of life of persons with disabilities. The Centre is earmarked to provide rehabilitation services, opportunities for vocational training and employment, independent life skills programmes, socially interactive activities and therapeutic services for persons with disabilities. It is intended that the therapeutic and related services to be provided at the Centre would strengthen and support the existing services offered at the various private and public health facilities. All services at the Centre would be at no cost to persons with disabilities.
49. The Disabilities Affairs Unit of the former Ministry of the People and Social Development (now known as the Ministry of Social Development and Family Services) is in the process of preparing a draft Action Plan for the purpose of establishing a National Register of Persons with Disabilities. The establishment of this Register is in accordance with article 31 of the CRPD. The benefits of establishing a register include the establishment of baseline data, improved allocation of resources and more precisely targeted programmes for persons with disabilities.
50. Protecting the rights of persons with disabilities to work has been prioritized by the National Employment Service (NES) of the Ministry of Labour and Small Enterprise Development. The NES is engaged in the process of providing employment opportunities for persons with disabilities through a survey of the business community and a registration drive specific to training institutions and non-governmental organisations in organizations working with persons with disabilities. It is expected that in the first quarter of fiscal 2015–
2016, the survey will be conducted soliciting information from companies relevant to their current and future employment of persons with disabilities.
51. The right of children with disabilities, to access education has also been recognised and is supported by the Special Education Unit of the Student Support Services Division of the Ministry of Education. The role of the Special Education Unit includes:
• servicing special education needs of students diagnosed with a disability;
• providing initial diagnostic assessment for students suspected of having a disability or a special education need;
• provision of alternative intervention strategies to teachers;
• identifying and referring students for specialised assessment and therapeutic services where necessary; and
• sensitizing regular education teachers to respond to students’ identified special education needs.
52. The Ministry of Social Development and Family Services continues to provide social services for persons with disabilities such as a free bus service, Disability Assistance Grants, Special Child Grants, Medical Aids and Equipment Grants, as well as dietary, housing and clothing grants.
6. Rights of older persons
53. Trinidad and Tobago’s Population and Housing Census of 2011 indicates that women constitute the majority of the ageing population as this group accounts for 53%
compared to 47% males. This is a global trend, which also suggests the feminization of ageing.
54. In this regard, the Homes for Older Persons Act, 2007, which provides for the licensing, regulation and control of Homes for Older Persons was passed in Parliament.
Unfortunately, this important piece of legislation has not yet been proclaimed as it required
the setting up of administrative structures. However, significant progress has been made with the recruitment of Inspectors for the Inspectorate Unit of the Division of Ageing required for the imminent proclamation of the Act. The Inspectorate Unit will be responsible for monitoring, controlling and regulating the administration, operation and management of Homes for Older Persons in Trinidad and Tobago, and ensuring that standards of care meted out to the residents are in compliance with the Homes for Older Persons Regulations. Additionally, a Regulatory Framework Symposium was held in April 2014 to engage approximately 300 key stakeholders (including homeowners/managers and caregivers) from Trinidad and Tobago in the formulation and development of a comprehensive Framework, which would guide the operationalization of the said legislation.
55. Due to the nature of the ageing process, the elderly provide a special challenge in securing their human rights in old age as a vulnerable group in society. In response to this, the Division of Ageing hosted two Human Rights and the Elderly seminars in Trinidad and Tobago in 2013 as part of its annual Public Forum for Older Persons Programme. The seminars aimed to highlight, educate and sensitize persons on fundamental human rights, the implications of an ageing population, electronic scamming, and to give insight into the unique legal issues of the elderly, so as to help fashion policies and legislation for their protection.
56. In its commitment to the elderly, the Division of Ageing recognises the importance of collaborative approaches to treat with the opportunities and challenges of an ageing demographic. One such challenge has been the ‘digital divide’ which explains the gap between those who can access and use information and communication technology (ICT).
In response to this, the Division of Ageing partnered with the Ministry of Science and Technology to facilitate the ICT for Seniors in Trinidad and Tobago programme in May 2014. The goal of this programme was to promote active ageing, amongst seniors aged 55 years and over, by reducing the ‘digital divide’ through increased access to ICTs and educating seniors about the usage and importance of ICTs in linking them with resources in real time.
57. The Division of Ageing as the department responsible for the promotion and protection of the rights of the elderly continues its various programmes such as the Community Care Programme which provides social care in private Homes for the Aged for socially-displaced, older persons who are medically discharged from public health institutions as well as the Older Persons Information Centre (OPIC) which serves as a referral facility and Help Desk for information on activities, initiatives, programmes, services and products for older persons in Trinidad and Tobago. World Elder Abuse Day and the International Day of Older Persons are also observed and Senior Activity Centres, Senior Citizens’ Homes and free bus and ferry services are also in operation.
7. Cultural rights
58. Trinidad and Tobago boasts of its rich cultural diversity and heritage. The policy of the Government continues to be one that nurtures cultural expression and artistic creativity.
In that regard, the Ministry of Community Development, Culture and the Arts is responsible for promoting various initiatives that promote the right to cultural expression as well as its commercial viability. These initiatives include inter alia:
Development of a Cultural Policy
59. This policy document will set the overall philosophy for cultural development as well as the promotion of the creative arts, preservation of heritage, sustainable cultural industries development and social cohesion. The policy statement also delineates the scope of the culture sector and the main activities of focus for strategic planning.
National Registry of Artists and Cultural Workers
60. The National Registry of Artists and Cultural Workers aims to create a database of registered artists, cultural workers and organisations in addition to certifying work, to facilitate the development of cultural industries.
Evolution of the Steel Pan and Pan in Art Exhibition
61. The Evolution of the Steel Pan and Pan in Art Exhibition uses the story of the pan’s history and development to brand Trinidad and Tobago as a creative and innovative country. This display is the only place where artefacts representing every stage of the instrument’s development can be found. Annual displays of the exhibition have been mounted locally and internationally including China (2010), Suriname (2013) and Cuba (2014).
The Prime Minister’s Best Village Trophy Competition
62. The Prime Minister’s Best Village Trophy Competition is hosted annually and celebrated 50 years in 2014. The “Best Village” competition is grounded in the reality of community life and engenders the spirit of multiculturalism. It is not limited to the performing arts of music, dance and drama but also contributes to the economic empowerment, personal growth and development of women in rural areas and keeps alive the community spirit to improve and develop the expertise of citizens in sports and the arts, as well as knowledge of our folk traditions. Overall, this annual competition aims to encourage a sense of national pride, community spirit and empowerment through healthy competition and interaction and to encourage the creativity of our people in their culinary and artistic talents and the retention of Folk Art.
8. Delivery of social services
63. In light of the Government’s commitment at the last UPR Review to implement the recommendation to combat extreme poverty, the Ministry of the People and Social Development (now known as the Ministry of Social Development and Family Services) has embarked on several initiatives to ensure that persons of low income and below the poverty line have access to basic goods and services.
64. The National Social Development Programme (NSDP) is a social intervention strategy that was established to provide assistance and to bring socio-economic relief to vulnerable communities and families. These services include improving water supplies, electrification and lighting of community facilities, house wiring assistance, provision of materials for sanitary plumbing and minor house repair assistance.
65. The Biometric Smart Card System is a new system being developed for the delivery of social services grants. The Smart Card will allow clients of Senior Citizens’ Pension, Public Assistance and Disability Assistance Grants to utilize their cards to purchase food from participating merchants utilizing the biometrically enabled Point of Sale Terminals.
66. The Baby Care Assistance Initiative was introduced by the Government in 2015.
This programme provides financial assistance for one year, for any child born to under- privileged parents during the course of the fiscal year 2014/2015. This initiative provides parents and legal guardians with financial assistance to purchase food and non-food items essential to an infant’s wellbeing during its first year of life. The programme also seeks to provide the recipients with additional critical services relevant to the development of the family, such as parenting workshops, family planning, financial literacy sessions and opportunities for employment and education. The Empowerment Component of the initiative was launched in July 2015.
67. In an effort to assess the standard of living in Trinidad and Tobago, the former Ministry of the People and Social Development undertook a Survey of Living Conditions in 2014. The Survey was utilised to collect information about the demographics of households, the resources and services available to households, and the living standards experienced by members of various households. The findings will provide an accurate measure of poverty levels, social exclusion, wellness, wellbeing and insight into links between economic activity in the country and the quality of life that persons experience, as well as issues which affect the ability of citizens to access resources and services.
C. International Convention on the Elimination of All Forms of Racial Discrimination
68. The Republican Constitution 1976 guarantees the protection of fundamental rights and freedoms regardless of race, origin, colour, religion or sex. Section 14 of the Constitution further enforces the protection of these rights with respect to any person who alleges that his rights have been, are being, or are likely to be contravened, he may apply to the High Court for redress, to which the High Court has the power to grant relief in appropriate circumstances.
69. Apart from Constitutional action, the Equal Opportunity Act, 2000, which establishes the Equal Opportunity Commission and the Equal Opportunity Tribunal, is the critical piece of legislation that prohibits discrimination by reason of race. The Commission is mandated to receive, investigate and as far as possible, conciliate allegations of discrimination, while the Tribunal is mandated to adjudicate matters referred to it by the Commission, where conciliation has been unsuccessful or is inappropriate to resolve the matter. Unlike the Ombudsman which is concerned with actions or decisions of public authorities, the provisions of the Equal Opportunity Act, 2000 and the jurisdiction of the Commission extends to both the public and private sectors. The Commission is empowered to enquire into matters originating from both sectors that may arise under the broad categories of employment, the provision of goods and services, education and the provision of accommodation.
70. Since its operationalization in 2008, the Commission has made a significant impact on the population of Trinidad and Tobago. During the period 2008-2014, the Commission received a total of 1042 complaints in Trinidad and 72 complaints in Tobago. The Commission has also engaged in several public awareness campaigns relating to its mandate and the prohibition of discrimination. In 2014, it was noted that complaints received were more relevant to the jurisdiction of the Commission based on the success of the public awareness campaigns. It is also significant to note that in 2014, the Commission was engaged in its first Magistrate Court’s prosecution for an offence under section 36 of the Act. The defendant was found guilty of failing and/ or refusing to comply with the requirements of a section 33 Notice and was ordered to pay a fine in the amount of TT$135,000.00 within 2 months. This was in accordance with the penalty of TT$1,000.00 per day (as stated in the Act) for the 135 days that the defendant failed/ and or refused to comply. In default he was to serve 24 months in prison with hard labour.
71. The seriousness of the penalty as ordered by the Magistrate in accordance with the legislation demonstrates the commitment of lawmakers and the policy of the Government to take a very firm approach to eliminating discrimination in its various forms.
D. Convention on the Rights of the Child
72. The protection of the rights of children has been foremost in the Government’s legislative agenda. On 18 May 2015, the President proclaimed:
• The Children Act, 2012;
• The Children’s Authority Act, 2000;
• The Children’s Authority Regulations 2014;
• The Children’s Community Residences, Foster Care and Nurseries Act, 2000;
• The Foster Care Regulations, 2014;
• The Children’s Community Residences Regulations 2014;
• The Adoption of Children Act, 2000; and
• The Adoption of Children Regulations 2015.
73. The above pieces of legislation form part of an entire children’s package of legislation and framework for the protection of children.
74. The Children Act, 2012 seeks to ensure increased protection of children against sexual abuse through the introduction of a wider and more comprehensive range of offences pertaining to various forms of child sexual abuse including sexual penetration, sexual touching, sexual grooming, child prostitution (including paying for the sexual services of a child) and child pornography. Other offences include female genital mutilation and cruelty to children. In addition to offences committed against children, the Act also seeks to modernise the juvenile justice system. It may allow for the assessment of child offenders who are released on bail, to be conducted by the Children’s Authority. It also introduces modern principles of sentencing for child offenders including investigations and reports by experts such as child psychologists and child psychiatrists; sentencing options that emphasize care and rehabilitation such as deeming a child offender in need of care and protection thereby triggering the comprehensive care and protection jurisdiction of the Children’s Authority (under the Children’s Authority Act, 2000); supervision orders; and orders for counselling or any other rehabilitative intervention or treatment. The Act also recognises the need for independent representation of a child in either criminal or civil proceedings by establishing an office of Children’s Attorneys to represent and safeguard the interest of a child and perform such other functions as the Court may think necessary.
75. The Children’s Authority Act, 2000 confers on the Children’s Authority powers of investigation with respect to, inter alia, the ill-treatment, abandonment and neglect of children; removal of a child from his home in circumstances where that child is in imminent danger; receiving children into care; regulating community residences and nurseries; and managing a foster care system. The proclamation of the Act in 2015 brought the Children’s Authority into full operation.
76. The Children’s Community Residences, Foster Care and Nurseries Act, 2000 establishes the framework for the licensing and regulation of community residences and nurseries by the Children’s Authority and for the establishment of a system of foster care managed by the Authority.
77. The Adoption of Children Act, 2000 allows for the adoption system to be managed by the Children’s Authority and markedly introduces international adoptions.
78. Together with its legislative strategies, the Government has also engaged in the development of the National Strategic Plan for Child Development 2012-2016 (NSP) which
