In Dialogue with Trinidad and Tobago, Experts of the Human Rights Committee Commend Women’s Representation in Public Bodies, Raise Issues Concerning Summary Executions by the Police and Ongoing Deportation of Refugees
The Human Rights Committee this morning concluded its consideration of the fifth periodic report of Trinidad and Tobago on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts commending the high rate of women’s representation in public bodies, and raising issues concerning summary executions by the police and ongoing deportation of refugees.
One Committee Expert congratulated the State on its high level of female representation in management positions in public bodies. The State had a good policy encouraging the participation of women in the upper levels of Government. Could the delegation share examples of good practices implemented to encourage such participation?
Another Committee Expert expressed concern about multiple, credible reports that summary executions by the police had increased significantly since 2020. For example, in July 2022, police shot and killed three men following a chase in Port of Spain. Autopsies revealed that the three men were shot from behind. What measures were in place to reduce the number of summary executions and the use of lethal force by police officers, and to hold officers who used lethal force accountable?
A Committee Expert said the Committee was very concerned about the ongoing deportation of refugees to Venezuela. Recently, there had reportedly been an increase in deportation orders by the Minister of National Security. What safeguards did the State party have to guarantee the principle of non-refoulement? The Committee was also very concerned about the seemingly ongoing practice of arresting asylum seekers and refugees for irregular entry, charging them with heavy fines, and holding them for long periods of time. How did the State party safeguard migrants and refugees’ due process rights?
Ian Rampersad, Director, International Law and Human Rights Unit, Office of the Attorney General and Ministry of Legal Affairs of Trinidad and Tobago, and head of the delegation, introducing the report, said the Government was committed to building a society where there was respect for good governance, the rule of law, and human rights, including the promotion of the principles of democracy and confidence in public institutions. The report detailed the State’s commitments, priorities and achievements, as well as the challenges which continued to prevail in society with respect to human rights protection and promotion.
The delegation said Trinidad and Tobago promoted women’s participation in Government. In 2018, the country inaugurated its first female President, and its second in 2023, Christine Kangaloo. Women currently comprised 42 per cent of Parliament and 41 per cent of the Senate. The State had also launched a parliamentary group for women. An arrangement was in place that allowed for maternity leave for women in Parliament.
The delegation said that there had been a rise in police-involved killings, but there had also been a rise in criminal activities involving firearms. The increase in deaths did not suggest that police were not making efforts to protect the public in line with their obligations. Thorough investigations were carried out into all alleged incidents of police misconduct and persons found to have committed criminal offences were prosecuted. The police now used non-lethal methods, such as taser guns and pepper spray, to resolve conflicts. All police had body cameras.
The Government did not deport persons to regions where they could face persecution, the delegation said. However, most migrants who entered Trinidad and Tobago were economic migrants. In 2019, Trinidad and Tobago established a migration registration framework that allowed Venezuelan migrants to be granted “migrants’ permits”, which allowed them to work legally and access public health care. A draft policy on determining refugee status was currently being reviewed. Once this was approved, the Government would adopt full responsibility for refugee status determination.
In concluding remarks, Mr. Rampersad conveyed sincere gratitude to the Committee for the review, saying that the Government acknowledged the importance of reporting mechanisms in promoting the rights of the people of Trinidad and Tobago. The State party looked forward to receiving the Committee’s concluding observations.
Tania María Abdo Rocholl, Committee Chairperson, in concluding remarks, said the dialogue had covered violence against women and domestic violence; the state of emergency; combatting terrorism; abuse of force by the police; the prohibition of torture; detention conditions; administration of justice; elimination of slavery; treatment of foreigners, including refugees and asylum seekers; and freedom of expression and assembly. The Committee’s mandate was to seek the highest possible level of implementation of the Covenant in Trinidad and Tobago.
The delegation of Trinidad and Tobago was made up of representatives of the Office of the Attorney General and Ministry of Legal Affairs, and the Permanent Mission of Trinidad and Tobago to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and thirty-ninth session is being held from 9 October to 3 November 2023. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 3 p.m. on Thursday, 19 October to begin its consideration of the fifth periodic report of the Republic of Korea under the optional reporting procedure (CCPR/C/KOR/5).
Report
The Committee has before it the fifth periodic report of Trinidad and Tobago under the optional reporting procedure (CCPR/C/TTO/QPR/5).
Presentation of the Report
IAN RAMPERSAD, Director, International Law and Human Rights Unit, Office of the Attorney General and Ministry of Legal Affairs of Trinidad and Tobago, and head of the delegation, said Trinidad and Tobago welcomed the opportunity to show its progress in safeguarding, protecting and promoting human rights. The Government was committed to building a society where there was respect for good governance, the rule of law and human rights, including the promotion of the principles of democracy and confidence in public institutions. The report detailed the State’s commitments, priorities and achievements, as well as the challenges which continued to prevail in society with respect to human rights protection and promotion. The State faced challenges related primarily to violent crime, a slow judicial system, and the prevalence of domestic and sexual violence against women and girls. Efforts to address these were often stymied by limited capacity and resources. The State would continue its quest to protect and promote civil and political rights and freedoms.
There had been an upsurge of violent crimes in Trinidad and Tobago. In 2022, there were over 600 murders, 90 per cent of which involved firearms or assault weapons. The murder toll for 2023 was over 400. The Government had taken steps to reduce the impact of violent crime by bolstering the anti-crime legislative and institutional framework. The Anti-Gang Act, 2021 was designed to curb the proliferation of gangs and the scourge of violent crimes. The Interception of Communications (Amendment) Act, 2020 was also enacted to intercept and record communications occurring within the prisons and in prisoner transportation vehicles which could be used as evidence in any proceedings.
Increasing vulnerability to human trafficking had prompted the Government to bolster the existing Trafficking in Persons Act, 2011 and institutional and policy framework. The National Plan of Action against Trafficking in Persons 2021-2025 was approved by the Cabinet in October 2022. It outlined several measures to improve the detection and identification of victims and witnesses as well as to ensure the successful prosecution of human trafficking cases. An inter-agency Trafficking in Persons Working Group was established to ensure the effective enforcement of anti-trafficking laws and the prosecution of traffickers.
The implementation of “Judge Alone Trials” through the Miscellaneous Provisions (Trial by Judge Alone) Act, 2017 had significantly impacted the backlog of cases in the criminal justice system. From February 2019 to January 2023, there had been 59 completed Judge Alone Trials. In 2019, the plea-bargaining system created by the Criminal Procedure (Plea Discussion and Plea Agreement) Act 2017 was operationalised. Under this legislation, various international partners had provided training and sensitisation to all relevant criminal justice stakeholders. The Administration of Justice (Electronic Monitoring) (Amendment) Act, 2020 increased the circumstances in which a Court could order a person to wear an electronic monitoring device. Since it was first introduced, some 38 individuals had been fitted with electronic monitoring bracelets.
Fighting the surge of domestic and sexual violence against women and girls was of high priority to the Government. In 2020, the Office of the Attorney General successfully amended the Domestic Violence Act to broaden the scope of persons protected under the Act. The amended act addressed children and adults in residential institutions. Further, the definition of emotional abuse was broadened to include scenarios of social media harassment. Moreover, the Sexual Offences (Amendment) Act, 2021 established the Sexual Offenders registry and the Public Sex Offender Website. A specialised unit was established to prevent, respond to, investigate and counter domestic violence. The unit was present in each of the 10 policing divisions across Trinidad and Tobago. It conducted awareness raising campaigns on domestic violence. The entire police service was trained to deal with domestic violence.
The State was also making significant progress in the reduction of extreme poverty and surpassing its target for universal primary education, with citizens now benefitting from free pre-school, primary, secondary and tertiary education. Trinidad and Tobago remained fully committed to furthering its efforts to address gaps in the implementation of the Covenant. It aimed to achieve the full protection of the fundamental human rights and freedoms of all citizens.
Questions by Committee Experts
A Committee Expert expressed congratulations to the State party for the election for the second time in a row of a woman, Christine Kangalo, as Head of State. The State party, while maintaining its reservations to elements of Covenant articles 4, 10, 12, 14, 15, 21 and 26, had made significant progress in the areas covered by these articles. Why was the State party maintaining these reservations and did it plan to withdraw them? What measures were in place to implement the Committee’s Views concerning eight communications involving Trinidad and Tobago? The Expert called for examples of cases in which the provisions of the Covenant had been invoked by national courts in favour of vulnerable groups. The Committee took note of the measures taken by the State party to increase awareness and understanding of the Covenant among the public and public officials. Was the Covenant applied by members of the security forces? How were people in rural areas made aware of the Covenant?
Another Committee Expert asked about measures to guarantee that all non-derogable rights were indeed not derogated from in times of emergency? Had the State party conducted public consultation on the death penalty? There was a general lack of suitable prison facilities. What measures had the State party taken to overcome the shortage of suitable prison facilities, including immigration detention facilities, to prevent children from being detained in the same place as adults?
The State party withdrew from the Optional Protocol in June 2000. Was it considering re-accession to the Optional Protocol? What were the obstacles in that regard? The Office of the Ombudsperson and the Equal Opportunities Commission did very important work, but they were not in full compliance with the Paris Principles. What concrete steps had been taken towards establishing a national human rights institute in line with the Paris Principles? Had the State sought advice in this regard from the Office of the High Commissioner for Human Rights?
How did Trinidad and Tobago guarantee the effectiveness of laws and procedures implemented to address sexual and gender-based violence? How did the State party prosecute and punish those responsible and provide redress for the victims? How did it make victims aware of their rights? Did it provide protection to same-sex couples? Emergency protection orders reportedly could not be granted to persons of the same sex in cases of domestic violence. Could the State party provide recent, disaggregated data on deaths, investigations, prosecutions and compensation? Was the State party planning to make the prohibition of femicide more explicit in its national laws? What measures were in place to combat femicide? What progress had been made in constructing centres for victims of violence? What measures were in place to prevent violence against women? How were the public and the media sensitised on the rights of women and girls?
Another Committee Expert asked how the State party’s reservation to article 4 of the Covenant was applied in practice. Why had the State party derogated from the Covenant in implementing the state of emergency in 2011? The Committee had received information that the authorities detained approximately 450 suspects pursuant to the Anti-Gang Act, allowing suspects to be detained and held without bail for up to 120 days pending the filing of charges. What safeguards existed to ensure that the Government did not arbitrarily detain individuals or violate their due process rights during emergency situations? What safeguards were in place to prevent excessive use of force and inhumane treatment by the armed forces and the police in future emergencies?
The Prime Minister of Trinidad and Tobago had committed in 2023 to repatriating its citizens located in Syria and Iraq. How would the State achieve this? One person had been charged under the Anti-terrorism Act in 2018. What was the status of the criminal proceedings against this individual? How did the State protect Covenant rights? In 2021, members of the Special Operations Response Team arrested four suspects in connection with the kidnapping and killing of Andrea Bharatt. What was the status of investigations into this case? The Police Complaints Authority was an independent civilian body mandated to investigate serious police misconduct. However, its investigations were reportedly often delayed. In 2022, the Authority was continuing to investigate 106 police killings that occurred during the previous few years. What were the reasons for these delays? Was the State party planning to widen the Authority’s ability to investigate claims of serious police misconduct?
The Committee was concerned about multiple, credible reports that summary executions by the police had increased significantly since 2020. For example, in July 2022, police shot and killed three men following a chase in Port of Spain. Autopsies revealed that the three men were shot from behind. In October 2022, an off-duty police officer shot and killed a man in San Fernando during an argument. In addition, under the so-called “one shot one kill” policy, police were authorised to kill “anyone who aims a firearm or shoots [at an] officer.” What measures were in place to reduce the number of summary executions and the use of lethal force by police officers, including by abolishing the “one shot one kill” policy, and to hold officers who used lethal force accountable? In 2022, around 601 murders occurred, an all-time high. What measures were in place to address the State’s high murder rate?
One Committee Expert congratulated the State on its high level of female representation in management positions in public bodies.
Other Committee Experts raised questions on measures to ensure equal pay for equal work between men and women; to address discrimination based on disability, including discrimination in education of children with disabilities and discrimination in the provision of housing, discrimination against persons with HIV/AIDS, and discrimination against lesbian, gay, bisexual, transgender and intersex persons, who did not enjoy the right to marry, legal gender recognition, or to leave and enter the country freely; measures to decriminalise the voluntary termination of pregnancy, and to reduce the high rate of teenage pregnancies and maternal mortality; and efforts to promote the abolition of the death penalty and to implement a formal moratorium on executions.
Responses by the Delegation
The delegation said there were mechanisms in each State agency that raised awareness about the issues that the agencies dealt with. Awareness raising campaigns were held on civil and political rights and the Covenant. Various ministries handed out pamphlets and set up signage to promote the rights of rural residents, and there was a State agency promoting rural rights.
The President had powers to make emergency regulations and confer on any person emergency powers. Legislation was in place to regulate the implementation of states of public emergency. Persons lawfully detained under state of emergency provisions could appeal their detention. The State respected basic human rights during states of emergencies.
Before carrying out public consultation on the death penalty, the Government sought to gain control over the current crime situation. This required substantial financial and human resources. There had been a de facto moratorium on the death penalty since 1999. The Government would only consider a de jure moratorium once the public had expressed collective support for such. The death penalty remained a valid law for the offences of murder and treason. The Court of Appeal had decided to hold statutory hearings after persons had spent five years on death row, and in one case had set a person free after reviewing their case.
Various policy mechanisms had been implemented to protect and promote the rights of prisoners. The State promoted restorative justice. It followed international rules regarding the conditions of its prisons. All prisons had sanitation teams and prison inmates’ needs were met through the social welfare programme, which included psychological treatment and family visits. The Government cooperated with civil society, and regional and international agencies to suppress and prevent crimes and rehabilitate former prisoners. It was prohibited to house children with adults in prisons.
There had been an upsurge in cases of violence against women, and the Government was committed to implementing measures to address the phenomenon. It had established a national domestic violence shelter, which provided support to victims of domestic violence. A non-governmental organization provided shelter services, including counselling. A new shelter would be established in 2024. The State provided free counselling services to victims of domestic and gender-based violence.
Abortion was prohibited, except in cases where pregnancy threatened the life of the mother. Reforming legislation on abortion required continued public and legal consultation. The Government was committed to protecting reproductive rights. It provided sexual and reproductive health care to the public at no cost, including prenatal and postpartum care services, counselling and sexually transmitted disease testing. The Directorate of Women’s Health had been created in 2017 to provide direction on women’s health services. A national sexual and reproductive health policy had been developed in 2020. It aimed to provide improved sexual and reproductive health care to all citizens, including marginalised groups. All expectant mothers were offered HIV tests twice before pregnancy, and special health measures were implemented to prevent mother-to-child transmission of HIV. The State provided education on sexual and reproductive health to boys and girls through online resources and educational caravans. Maternal mortality rates had significantly dropped in Trinidad and Tobago due to the actions of the Ministry of Health.
Trinidad and Tobago currently did not have a national human rights institute, but the Government was considering the possibility of converting the Equal Opportunities Commission into such an institution. The Commission and the Office of the Ombudsman were empowered to receive complaints from individuals. The Commission received complaints in the areas of discrimination related to employment and education, among other fields. It attempted to resolve complaints through conciliation, but where this was not possible, it referred cases to courts, which could issue remedies such as damages and compensation.
The current Equal Opportunities Act did not provide protection based on sexual orientation, but the Government had formed a committee to consider amending the act to include such protections. The Constitution and State legislation protected the rights of all citizens to non-discrimination. The Government was seeking the Privy Council’s position in relation to a High Court case involving the legality of same-sex relations. There was need for significant public consultation before the laws surrounding this issue were changed.
There had been a rise in police-involved killings, but there had also been a rise in criminal activities involving firearms. The police had thousands of encounters involving dangerous individuals. The increase in deaths did not suggest that police were not making efforts to protect the public in line with their obligations. Thorough investigations were carried out into all alleged incidents of police misconduct and persons found to have committed criminal offences were prosecuted. Force used against the public needed to be reasonable and proportionate. The police now used non-lethal methods, such as taser guns and pepper spray, to resolve conflicts. All police had body cameras. The Government did not endorse a one shot, one kill policy.
Protecting the rights of persons with disabilities was a priority for the State. The State had submitted its first report to the Committee on the Rights of Persons with Disabilities in 2021. It had ratified the Marrakesh Treaty and incorporated its provisions into domestic legislation to allow people with visual disabilities to access published works. The national policy on persons with disabilities was launched in June 2020. The State was also drafting legislation to protect the rights of persons with disabilities and was consulting with civil society on the drafts. The State had released a new 100 dollar note with raised tactile features to allow persons with visual disabilities to identify its value. The State was continuing to support the employment of persons with disabilities and the education of children with disabilities. A free bus service and disability assistance grants were provided for persons with disabilities. The Government had amended accessibility regulations and implemented ramps and other accessible facilities within transport infrastructure.
Follow-Up Questions by Committee Experts
A Committee Expert welcomed that Trinidad and Tobago did not promote a one shot, one kill policy. If the Privy Council decided to affirm the High Court judgement on same-sex conduct, would the Government implement this judgement?
Another Committee Expert asked about the reasons for the recent increase in crimes. How would the State party ensure that laws on the separation of children and adults in prisons were implemented? How were women informed about shelters for victims of gender-based violence? Were there any programmes in schools aiming to eliminate gender stereotypes? Was the State party willing to take steps to promote public consultation on the death penalty?
One Committee Expert said there was a draft law on whistle-blowers submitted in 2022. What progress had been made on this draft law?
A Committee Expert welcomed progress on promoting mental health, as well as infrastructure supporting persons with visual disabilities on public transport. The State had a good policy encouraging the participation of women in the upper levels of Government. Could the delegation share examples of good practices implemented to encourage such participation? The gender pay gap had not been properly regulated. There was no legislation encouraging equal pay for equal work. Would the State party consider such legislation?
Another Committee Expert asked whether persons condemned to the death penalty had access to lawyers.
pResponses by the Delegation
The delegation said the Government was not considering the removal of any of its reservations to the Covenant.
It was incorrect to describe the arrest of persons under the state of emergency as “arbitrary”, as security forces acted under emergency legislation in force at the time.
The Police Complaints Authority had increased its team of investigators to 24. These investigators provided oversight of the police.
The Privy Council could call on the Government to change certain laws. If the Privy Council upheld the High Council’s verdict in the case referred to by the Committee, the Government would need to consult with the public regarding the revision of same-sex relationship laws.
The Government had been taking all the necessary steps to repatriate nationals detained in conflict zones overseas. It had established a legislative framework to regulate repatriations and rehabilitation of returned persons. It sought to uphold national security interests and ensure its approach was congruent with international best practice. It was committed to supporting the psychosocial rehabilitation of returning nationals and their families, including children. The Government was bringing its terrorism legislation in line with international standards. The Government continued to convene an inter-agency taskforce, the “Nightingale Taskforce”, to support the repatriation of its nationals.
Trinidad and Tobago was a convenient port for the commission of transnational organised crime, including trafficking in persons and international drug smuggling. Increased international criminal activity was a cause of the recent increase in domestic crime.
The National Domestic Violence Hotline was a critical instrument for collecting data on domestic violence, as well as for providing information to victims on shelters and other available support services.
The Government had partnered with the United Nations Development Programme “Spotlight Initiative” to conduct awareness raising in schools on gender-based violence and bullying.
The whistle-blowers bill of 2018 was defeated in parliament, but a 2022 iteration of the bill was currently being read in the House of Representatives. Legislation on equal pay for equal work was being developed. The Government was not currently contemplating legislation on civil unions between same-sex couples.
There were 45 persons on death row in January 2020.
Questions by Committee Experts
A Committee Expert said that under State legislation, the age of criminal responsibility was seven years, but “presumption of children's inability to commit crimes” ceased after the age of 14. What happened between the ages of seven and 14? At what age was an individual considered to be an adult? The Children's Act 2012 prohibited the use of the death penalty as a sentence for children. Where were children detained? What alternative measures to prison were offered for children? The Prime Minister's Office, together with relevant stakeholders, had established the Child Registry, which enabled the Child Protection Agency to track children in conflict with the law once they had left rehabilitation centres. How many children were in the registry? What recommendations had been issued by the Directorate for Children, which monitored the treatment of children in institutions? Were some children in fact placed in adult detention centres?
A 2018 survey of persons deprived of liberty indicated that 37 per cent of respondents lived in overcrowded conditions and 41 per cent received poor medical care. Cells reportedly housed five to 10 people. What was the rate of overcrowding of State prisons? What measures had been taken to address the living conditions in prisons?
A Committee Expert expressed concern about the broad grounds for arrest without a warrant in the Police Act, including the authority to arrest anyone in any public or private place whom an officer reasonably suspected of having committed or being about to commit an offence. What steps would the State party take to reduce arbitrary and warrantless arrests?
Senior police officials had reported “the involvement of police with transnational gangs in the trafficking of drugs, weapons, and persons”. The State party had taken steps to identify officers involved in these activities, such as raids of sex trafficking venues and polygraph tests. What additional specific measures would the State party adopt to identify, prevent and punish the involvement of police officers in gang-related activities?
How did the Integrity Commission function in practice? Less than half of those required to submit declarations and statements of interest for 2017 had done so. There were 556 outstanding declarations for 2019. The Office of the Director of Public Prosecutions also reportedly did not fully cooperate with the Commission’s investigations. What steps were being taken to address these shortcomings and to improve the Commission’s efficiency and effectiveness more generally?
The backlog of pending court cases persisted. Could the delegation provide more information on initiatives to further reduce these delays, such as the Fast Track Courts and the Judge Alone Trials? Pre-trial detainees and remand prisoners comprised more than two-thirds of the prison population. What steps was the State party taking to reduce the imprisonment of individuals who had not been convicted? How did the State party ensure that legal representation was provided to all arrested and detained individuals in a timely manner? What alternatives to pre-trial detention were offered? How had the Criminal Case Management Rules of 2016 expedited court proceedings? How did the State party ensure that the process of judicial appointments was transparent and contributed to public trust in the judiciary?
The Committee noted with concern reports that in 2018, Chief Justice Ivor Archie attempted to use the courts to shut down an external investigation into his alleged misconduct. In 2019, the Prime Minister criticised an investigation conducted by the Law Association of Trinidad and Tobago as the work of “political opponents”, and subsequently twice refused to act on the results of the investigation. What steps had the State party taken in the wake of these affairs to ensure that channels of accountability for judicial misconduct remained open? Public opinion data indicated significant levels of mistrust in the judiciary and the belief that judges may be improperly influenced by Government officials. What steps was the State party taking to improve public trust?
Another Committee Expert said that, despite the State’s efforts, serious problems related to human trafficking remained prevalent in the State party, for instance in relation to the trafficking of Venezuelan women. Did the State party have data on criminal proceedings that had taken place in the last five years under the Sexual Offences Act regarding human trafficking cases? What success had awareness raising campaigns on trafficking had? Officials were reportedly still complicit to trafficking offences and the exploitation of women for prostitution. What concrete measures was the State party taking to investigate, prosecute and combat the complicity of public officials? Had the State party implemented training for law enforcement personnel, judges and prosecutors on how to deal with victims of trafficking? How did it provide protection and support for witnesses? What steps had been taken to establish shelters devoted to victims of trafficking?
The Committee was very concerned about the ongoing deportation of refugees to Venezuela. Recently, there had reportedly been an increase in deportation orders by the Minister of National Security. How did the State party guarantee respect for the rights of migrants and asylum seekers, including accessible procedures to apply for asylum, access to legal aid, and access to care? What safeguards did the State party have to guarantee the principle of non-refoulement? The Committee was very concerned about the seemingly ongoing practice of arresting asylum seekers and refugees for irregular entry, charging them with heavy fines, and holding them for long periods of time. If there was insufficient capacity at immigration detention centres, such persons could also be held in prisons. How did the State party safeguard migrants and refugees’ due process rights? The Committee had received reports of high numbers of migrants who were unaccounted for. What efforts did the State party undertake to establish their whereabouts?
The Committee had received particularly alarming information about the Heliport facility. At this facility, women and children were reportedly not separated from male detainees, and women and female minors were being sexually abused. How were these allegations investigated? Did women and girls receive legal and health assistance? The Heliport was run by the Coast Guards and security forces instead of immigration officers. How did Trinidad and Tobago ensure that staff working at these facilities were trained to work with vulnerable migrants and asylum seekers?
Was there regular human rights monitoring of Heliport and other immigration and detention centres? Which measures had the State party taken to facilitate the use of Spanish in immigration procedures, the language that more than 90 per cent of the refugees and migrants spoke? What legal and policy framework did the State party intend to adopt on migrants and refugees? Would it seek technical assistance from the United Nations High Commissioner for Refugees? What progress had been made in the implementation of the National Policy to Address Refugee and Asylum Matters of 2014?
Other Committee Experts asked questions on the State’s plans to review provisions that criminalised defamatory libel; safeguards to guarantee freedom of expression, access to information and the freedom of the media; measures to establish a national commission for women’s empowerment and gender equity; the provision of maternity leave for Parliamentarians; measures to increase transparency in the financing of political parties, campaign funding and elections; measures to consult with civil society on policies; measures to prevent and punish the abuse of power by law enforcement officials when overseeing public demonstrations; and measures to prevent and punish corporal punishment of children, child sex tourism, abuse of migrant children in immigration facilities, and teenage pregnancies.
Responses by the Delegation
The delegation said the age of criminal responsibility was seven years. Children were determined to be capable of distinguishing between right and wrong from the age of 14 years. Children could not be sentenced to capital punishment. Offending children could be placed in residential community facilities.
The authorities were promoting restorative justice. The prison service abided by the Mandela Rules, providing health, food and sanitation services to prisoners in line with international standards. The State supported the rehabilitation of former prisoners. The Ministry of National Security had forged partnerships with overseas agencies to address prison overcrowding and other prison needs. The State had set up a health and safety committee, which conducted monthly inspections of prisons to ensure conditions were appropriate.
Police had the power to arrest persons without a warrant. The Anti-Gang Act, 2021 discouraged membership of criminal gangs and criminal activity, and prohibited gangs from holding weapons or wearing bullet-proof vests.
The court could order home arrests with electronic monitoring for minor offences. The Public Defender’s Department was now a permanent department. It was comprised of 30 attorneys. The Constitution allowed accused persons to obtain legal counsel without delay. Experienced lawyers were provided to persons accused of serious crimes. A recent increase in judges in the courts had allowed for more cases to be heard in a shorter period. The Constitution and State legislation governed the appointment, tenure and salary of judges.
The 2022 national action plan on trafficking in persons outlined several activities to improve identification, screening and protection of victims of trafficking. Training had been provided to relevant State officials on identifying victims of trafficking. The Government continued to encourage the public to report trafficking through a dedicated hotline. The State circulated information in English and Spanish to migrants on forced labour. The Trafficking in Persons Act provided victims of trafficking with protection, shelter, basic health and mental health care, life skills guidance, and voluntary repatriation. The State conducted awareness raising campaigns on trafficking at schools and on the radio. A “Walk against Trafficking” had also been held to increase public awareness of the issue. Between 2020 and 2022, 54 preliminary inquiries related to trafficking had been conducted and around eight cases were heard by courts. There had been no convictions to date.
Trinidad and Tobago had acceded to the 1951 Refugee Convention and the 1961 Convention on the Reduction of Statelessness, but had not ratified these nor incorporated them in domestic legislation. The Government would pursue this once necessary resources were available. Requests for asylum continued to be considered under legislation governing the provision of residency status. Detention was necessary when irregular migrants could not be positively identified. Migrants determined to be minors were processed by relevant authorities.
The State considered migrants’ situations when determining whether to place them in detention. The Government did not deport persons to regions where they could face persecution. However, most migrants who entered Trinidad and Tobago were economic migrants. In 2019, Trinidad and Tobago established a migration registration framework that allowed Venezuelan migrants to be granted “migrants’ permits”, which allowed them to work legally and access public health care. The United Nations High Commissioner for Refugees had registered around 3,000 refugees in Trinidad and Tobago. A draft policy on determining refugee status was currently being reviewed. Once this was approved, the Government would adopt full responsibility for refugee status determination.
The Libel and Defamation Amendment Act was still being implemented. The Act struck a balance between protecting freedom of speech and public safety. The Government did not intend to revise this act. There were various laws that addressed freedom of expression and the media. The Telecommunications Act established an authority to govern media. The Freedom of Information Act granted the right to access public documents, with few exceptions.
Freedom of association was guaranteed under the Constitution. The Industrial Relations Act empowered workers to join trade unions and to conduct peaceful demonstrations. No persons had been charged under this act for protesting. Prior authorisation of public gatherings was required. The police’s use of force in response to demonstrations needed to be reasonable and proportionate.
Trinidad and Tobago promoted women’s participation in the Government. In 2018, the country inaugurated its first female President, and its second in 2023, Christine Kangaloo. Women currently comprised 42 per cent of Parliament and 41 per cent of the Senate. The State had also launched a parliamentary group for women. An arrangement was in place that allowed for maternity leave for women in Parliament.
Corporal punishment was regulated by State legislation. The penalty of whipping had not been issued for 25 years. The use of corporal punishment in homes was a cultural practice that was difficult to change. Corporal punishment by schoolteachers was forbidden and there were hotlines for reporting violence against children. In 2017, Trinidad and Tobago abolished child marriage, making 18 the minimum age for marriage.
In June 2021, the Cabinet agreed to conduct an independent investigation into the abuse of children in institutions and residential homes. There were unsettling allegations of abuse of children in institutions. The investigation team submitted a report to the Government that documented this abuse and provided recommendations for supporting victims and reviewing policies on the protection of children. In May 2022, the Cabinet established a taskforce to implement the recommendations contained in the report. Trinidad and Tobago did not separate minors from their families. Undocumented minors were referred to the Children’s Authority until their identity could be determined.
A bill was before Parliament that aimed to regulate donation to political bodies.
Follow-Up Questions by Committee Experts
Committee Experts asked follow-up questions on whether migrants classified as “economic migrants” were assessed in terms of the possibility of refoulement; the reason for the low number of cases of human trafficking investigated by the State; measures to ensure that the “warrantless arrest” system was not abused in practice; reasons for the exclusion of certain journalists from participating in press conferences with the Prime Minister; the rate of women’s participation in local governments; legal actions taken against perpetrators of violence against children in immigration centres; the number of detainees without legal representatives; the implementation of the recommendations of the investigation commission regarding the abuse of children in care institutions; and the status of the review of the draft law on whistleblowing.
Responses by the Delegation
The delegation said the cases of persons classified as “economic migrants” were considered on an individual basis to prevent refoulement. Human trafficking statistics were collected after the offence of trafficking was legislated, which was relatively recent. This explained why the number of cases of trafficking was low. Detention centres for migrants were not prisons. In these centres, families could be kept together. Whistle-blower legislation and combatting corruption was a priority for the Government, but the Parliament had not had time to assess this legislation.
Concluding Remarks
IAN RAMPERSAD, Director, International Law and Human Rights Unit, Office of the Attorney General and Ministry of Legal Affairs of Trinidad and Tobago, and head of the delegation, conveyed sincere gratitude to the Committee for the review. The Government acknowledged the importance of reporting mechanisms in promoting the rights of the people of Trinidad and Tobago. The State party looked forward to receiving the Committee’s concluding observations.
TANIA MARÍA ABDO ROCHOLL, Committee Chairperson, thanked the delegation, civil society organizations and others who had contributed to the dialogue. The dialogue had covered the application of the Covenant; violence against women and domestic violence; the state of emergency; combatting terrorism; abuse of force by the police; the rights of women and persons with disabilities; representation of women in public bodies; non-discrimination of lesbian, gay, bisexual, transgender and intersex persons; the prohibition of torture; detention conditions; the administration of justice; the rights of children; elimination of slavery; treatment of foreigners, including refugees and asylum seekers; and freedom of expression and assembly. The Committee’s mandate was to seek the highest possible level of implementation of the Covenant in Trinidad and Tobago.
Produced by the United Nations Information Service in Geneva for use of the media;
not an official record. English and French versions of our releases are different as they are the product of two separate coverage teams that work independently.
CCPR23.016E