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TITLE: TRINIDAD AND TOBAGO HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
TRINIDAD AND TOBAGO
Trinidad and Tobago, a member of the Commonwealth of Nations,
is a parliamentary democracy in which political and civil
rights are provided for by the Constitution and generally
respected in practice. Free and fair general elections have
been held at regular intervals since independence from the
United Kingdom in 1962. The country is governed by a bicameral
Parliament and a Prime Minister, who is the leader of the
majority party in the lower house. The President, whose office
is largely ceremonial, is elected by Parliament. Local matters
on the island of Tobago are handled by a 12-member elected
House of Assembly.
The police service and the defense force are under the control
of and generally responsive to civilian authority embodied in
the Ministry of National Security. An independent body, the
Police Service Commission, controls all personnel decisions in
the police service, and the Ministry has little direct ability
to effect changes in senior positions. A Scotland Yard team
found evidence of widespread corruption in the police service.
Some members of the police service were responsible for
extrajudicial killings and other human rights abuses, usually
committed with impunity.
The country's mixed economy is based primarily on the
hydrocarbon sector, but efforts continued to diversify the
economy into agriculture, manufacturing, and tourism. The
Government historically owned many businesses wholly or partly,
but an extensive divestment program gained momentum during the
year. Several state-owned corporations were partially or
completely privatized, and the Government contemplated further
divestment, particularly in the energy sector and public
utilities.
Trinidad and Tobago citizens have and exercise a wide range of
freedoms and individual rights, but there continued to be
incidents of extrajudicial killings, beatings, intimidation,
and other abuses by the police. There were no investigations
nor any other followup by Government, and the perpetrators of
such abuse enjoyed impunity. The administration of justice
suffered from police corruption, allegations of favoritism, and
prolonged delays. Violence against women remained a severe
problem, unaddressed by the Government.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killings
There were no reports during 1993 of killings for political
motives by the Government or opposition groups. However, there
were extrajudicial killings and other abuses of authority by
the police. The police service did not publicly release
statistics on police shootings, but the local press reported
over a dozen shooting incidents involving police officers,
approximately half of which resulted in fatalities. In several
of these cases, the victims were unarmed. The law requires a
public coroner's inquest in a case of death by unnatural causes
only when a coroner finds the circumstances warrant it;
otherwise it is not mandatory. In practice, inquests were
seldom pursued. Despite the existence of a police Internal
Investigations Unit, there are no mandatory investigations of
police shootings or killings.
In September officers of the narcotics unit shot and killed
Alim Mohammed and Zainool Bushrooram during a marijuana
eradication raid in central Trinidad. The officers claimed
they were fired upon and the two men were killed in the ensuing
battle. Weapons were recovered at the scene. Eyewitnesses,
however, asserted that the dead men were unarmed and that the
initial shots were fired by individuals who then fled the
scene. There was no inquest into this shooting.
There were no reports of deaths resulting from abuse by
officers of persons in police custody, but an alleged drug
trafficker died in the custody of Coast Guard personnel.
Although his cause of death was listed as a ruptured spleen,
there was credible evidence that the injury resulted from a
severe beating administered during a Coast Guard interrogation.
There was no further investigation of the circumstances.
A Scotland Yard probe uncovered evidence of corrupt activities
by individual police officers, including collusion with
narcotics traffickers and drug dealers. It failed, however, to
uncover evidence to support the allegation that there was a
drug cartel operating within the police services. The
investigation was abruptly halted in June. The Ministry of
National Security stated that the next stage of the
investigation would be handled by selected local officers, but
no local followup investigation took place.
In the case of a police constable shot to death during a 1987
training exercise in which only blank ammunition was to have
been used, the victim's mother alleged that her daughter
witnessed a shadowy transaction involving two government
ministers and a high-ranking police officer the day before.
After an inquest that lasted nearly 5 years, the chief
magistrate referred the case back to the police Internal
Investigations Unit. The Scotland Yard probe reportedly
uncovered new evidence that may lead to a criminal trial.
b. Disappearance
There were no reports of politically motivated disappearances
in 1993.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution forbids the Government from imposing or
authorizing cruel and unusual treatment or punishment. Under
law, any evidence obtained by such means is inadmissible in
court.
However, there continued to be credible allegations and charges
in court that some police officers had physically abused
detainees. The law permits victims of such treatment to sue
for civil damages and to file criminal charges against the
police officers involved; such suits are occasionally
initiated. Damages can be awarded and police officers found
guilty of misconduct are subject to disciplinary action. There
were credible reports, however, that citizens who lodged
complaints against police officers were subjected to reprisals.
In two separate incidents, American citizens lodged complaints
against police officers alleging that they were verbally abused
and intimidated by the officers. There were also numerous
press reports of police intimidation and abuse of suspected
criminals and some members of the general public. Disciplinary
actions were rarely pursued based on these allegations.
An American citizen prisoner in a Trinidadian jail was
reportedly beaten by several prison officers after minor
transgressions. This report prompted questions in Parliament,
and the prison service conducted an internal investigation into
the matter. Several prison officers received official
reprimands.
Trinidad and Tobago courts sentence convicted felons to
corporal punishment as well as prison sentences in
approximately 50 cases a year. Men convicted of rape, assault
with a deadly weapon, or aggravated robbery are subject to
floggings administered in private by prison officials. The law
states that flogging must be administered within 9 months of
sentencing but cannot be conducted while an appeal is pending;
since appeals are routinely filed but rarely heard within
9 months of initial sentencing, in practice floggings seldom
occur.
In 1993 there was one reported flogging of a minor. The
individual, an 11-year-old boy, had been apprehended making a
delivery of over 200 rocks of crack cocaine. The magistrate
ordered the boy to be flogged as punishment, and the sentence
was carried out a few days later. The flogging was condemned
by local human rights organizations and prompted considerable
media attention.
Overcrowding in prisons continued to be a problem, with, in
some cases, 11 to 13 men in a 6- by 9-foot cell. Several
prisoners died of Acquired Immune Deficiency Syndrome (AIDS),
while others suffered from contagious skin diseases.
Construction is under way on a new maximum security facility
which will accommodate 2,000 inmates and help alleviate the
overcrowding.
d. Arbitrary Arrest, Detention, or Exile
The Constitution specifies that a suspect has the right to be
informed promptly of the reason for arrest or detention, which
in practice has normally meant within 48 hours. Court orders
may be obtained by the police to hold a person longer than
normal in order to gather additional evidence. However, there
continued to be credible reports that persons were detained
incommunicado in excess of this period, without the police
having obtained a court order. Arrests without a warrant are
permitted when a person is apprehended committing an offense or
when reasonable suspicion exists that an offense has been or is
about to be committed. A 1991 court ruling held that police
must allow a person in police custody to contact an attorney
"as early as possible, and in any event before an interrogation
takes place."
Detainees generally are allowed access to a lawyer and to
family members, but police sometimes deny access if they
believe it would impede an investigation. There continued to
be charges in the courts and the press that police violated
these procedures in specific cases. Persons arrested have the
right to a judicial determination of the legality of their
detention, and courts have found for complainants in some cases
of illegal detention and awarded damages.
The Government is appealing a June 1992 decision that upheld
the amnesty that resolved the 1990 coup attempt by the Jamaat
al-Muslimeen. Based on this decision, the courts had ruled
that the detention of 114 Jamaat members was illegal and
ordered the Government to pay damages and court costs.
The Minister of National Security may authorize preventive
detention in order to prevent actions prejudicial to public
safety, public order, or the defense of Trinidad and Tobago and
must state the grounds for the detention. A detainee under
this provision has access to counsel and may have his detention
reviewed by a three-member tribunal established by the Chief
Justice and chaired by an attorney. The Minister must provide
to the tribunal the grounds for the detention within 7 days of
the detainee's request for review, which shall be held "as soon
as reasonably practicable" following receipt of the grounds.
The preventive detention option is not known to have been
abused.
Exile is forbidden by law and not practiced.
e. Denial of Fair Public Trial
The Constitution specifies that persons accused of crimes
receive a fair and public trial. The judiciary is independent
and not subject to outside interference. Appeals may be made
to the court of appeals and eventually to the Judicial
Committee of the Privy Council in London. Criminal defendants
enjoy a presumption of innocence and the right to confront
witnesses and present evidence. These rights are generally
respected in practice. All criminal defendants have the right
to an attorney. Legal assistance is available from attorneys
registered with the Legal Aid and Advisory Authority of the
Ministry of Social Development and Family Services for those
who prove that they cannot afford representation. Judges may
also appoint attorneys in the courtroom to represent defendants
without counsel.
Criminal defendants may be freed on bail pending trial unless
charged with murder or treason or detained under state of
emergency regulations. The presiding magistrate may suspend
bail after consultation with the prosecution and defense.
Due to inadequate resources and the current structure of the
judicial system, both criminal and civil cases are often
delayed, sometimes for as long as 6 years. All criminal trials
are preceded by a preliminary inquiry which determines whether
there is sufficient evidence to proceed with a jury trial.
Strict rules of evidence and the requirement that all witnesses
who will testify during the trial give testimony before the
inquiry add further delays to the process.
Certain serious offenses, and all appeals, are tried before a
high court, which suffers from a shortage of judges and a large
backlog of cases. Some defendants spend many months or even
years in jail awaiting their actual trial.
There are no political prisoners in Trinidad and Tobago.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution prohibits such interference, a prohibition
generally respected in practice. However, although judicially
issued warrants are required for searches (except under state
of emergency regulations), this procedure is not strictly
followed. The state-owned telephone company has the ability to
monitor telephone calls, and informed observers believe that
the police use this facility for domestic intelligence purposes.
There are no laws authorizing such monitoring, however, so
evidence obtained in this manner may not be used in court.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of expression, and this
right is protected in practice by the independent judiciary, a
democratic and pluralistic political system, and independent
and privately owned media.
According to some journalists, the interlocking directorates of
local corporations result in self-censorship by publishers.
They also argue that Trinidad's strict libel laws, based on
preindependence British models, are prone to unpredictable and
excessive damage awards and constitute de facto censorship. In
December 1993, Minister of Planning Lenny Saith filed a libel
suit against a local daily for articles it printed delving into
his personal financial dealings. The newspaper retracted parts
of the stories. The threat of libel suits limits the scope of
much investigative reporting.
The two major daily newspapers are sometimes critical of the
Government in their editorials. Their news coverage appears to
report accurately criticism by opposition parties, trade
unions, and private citizens. The widely read tabloids are
extremely critical of the Government.
The three television stations, as part of their licensing
agreements, are required to broadcast informational programming
produced and provided by the Government. The Government-owned
station has, over the years, been accused by the opposition of
favoring the ruling party. There are currently seven radio
stations operating in Trinidad and Tobago, one of which is
government-owned.
The import or circulation of publications may be prohibited
under the Sedition Act, but the law has rarely been invoked in
recent years. A Board of Film Censors is authorized to ban
films it considers to be against public order and decency or
contrary to the public interest. This includes films which may
be controversial in matters of religion, seditious propaganda,
or race.
Academic freedom is respected and protected by law.
b. Freedom of Peaceful Assembly and Association
These freedoms are protected by law and respected in practice.
Registration of private organizations is not required. Permits
are required in advance for street marches, demonstrations, or
other public outdoor meetings and are routinely granted.
c. Freedom of Religion
The right to practice one's religion is provided for by the
Constitution and is respected in practice. There is no state
religion and no religious test for public office. There are
large groups of Christians, Hindus, and Muslims, and these and
other religious groups are allowed to maintain association with
organizations and persons in other countries and to perform
religious travel. Religious groups are generally free to
establish places to worship and to engage in religious
training, education, and publishing. Missionaries are
permitted to enter the country and proselytize.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Residents are generally free to emigrate and to travel within
or outside the country, as well as to change residence and
workplace.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The citizens of Trinidad and Tobago choose their government by
secret ballot in free and fair multiparty, multicandidate
elections held, as required by the Constitution, at intervals
not to exceed 5 years. Elections for the 12-member Tobago
House of Assembly are held every 4 years. The Constitution
extends the right to vote to citizens as well as to legal
residents with citizenship in other Commonwealth countries, who
are at least 18 years of age. There are no restrictions on the
participation of women in political activities. Women hold
many positions in the Government and political party leadership.
The Government is formed by the party holding the majority of
seats in the lower house of Parliament. The Parliament
consists of an elected House of Representatives, whose 36
members represent individual voting constituencies; and a
31-member Senate appointed by the President, 16 on the advice
of the Prime Minister, 6 on the advice of the leader of the
opposition, and 9 at the President's discretion. The Prime
Minister is Head of Government; the President, elected by
Parliament, is Head of State, a largely ceremonial position.
Prior to December 1986, each election had been won by the
People's National Movement (PNM); in December 1991, the PNM was
voted back into office after a 5-year hiatus. The opposition
United National Congress won 13 of the 36 parliamentary seats,
the highest proportion it has ever held. Elections for the
Tobago House of Assembly were held in December 1992, and 11 of
the 12 seats were won by the National Alliance for
Reconstruction (NAR), the party that ruled the country between
1986 and 1991.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
A number of nongovernmental human rights groups operate freely
without government restriction or interference. Caribbean
Elections Watch, founded in 1990, promotes free and fair
elections in the Caribbean. The Caribbean Institute of Human
Rights, headquartered in Trinidad, is a regional organization
composed of human rights monitors who collect information
throughout the region and report on Caribbean human rights
matters. The Ombudsman is an officer of Parliament empowered
to investigate complaints of violations of human rights law or
policy and to report his findings to Parliament.
International human rights organizations are free to visit and
discuss human rights with governmental and nongovernmental
representatives.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Constitution prohibits discrimination based on race, sex,
language, or social status, and the Government respects these
prohibitions.
Women
Discrimination based on sex is illegal. Many women hold
positions in business and the professions, as well as in
government and political parties. Women's groups speak out
publicly on all aspects of public life. Women make up
approximately 36 percent of the paid labor force. Collective
bargaining agreements cannot be registered with the Industrial
Court if they exhibit wage disparities between men and women.
Physical abuse of women and children by family members was
reported to be extensive. Parliament passed a domestic
violence bill in August 1991 which provided for the filing of
restraining orders against abusive family members, a court
hearing within 7 days of filing, and criminal penalties for
violation of restraining orders. Additional legislation will
be required, however, to ensure that adequate mechanisms are in
place to enforce the bill. There are several privately
operated shelters for battered women which receive a minimal
amount of government assistance.
Children
The Government is committed to assuring the human rights and
welfare of children. Protection of children from abuse in the
home is provided by the Domestic Violence Act. Public
assistance legislation provides supplemental income to
unemployed and indigent parents based on the number of
children. In practice, however, if parents do not have the
funds to buy books and uniforms, their children do not attend
school. There is no evidence of abuse of children by any
government agencies, nor are there any societal practices that
violate children's human rights. The Government's commitment
to children's welfare is limited only by the scarcity of
available resources.
National/Ethnic/Racial Minorities
Trinidad and Tobago includes various ethnic and religious
groups that live together peacefully, generally respecting each
other's beliefs and practices. However, racial tensions
continue between Afro-Trinidadians and Indo-Trinidadians, with
each group comprising over 40 percent of the population. The
private sector is dominated by Indo-Trinidadians and people of
European and Middle Eastern descent. Indo-Trinidadians also
predominate in agriculture. Afro-Trinidadians are employed in
disproportionate numbers in the civil service, police, and
military. Since Indo-Trinidadians constitute the majority in
rural areas and Afro-Trinidadians are the majority in urban
areas, competition between town and country for public goods
and services often takes on racial overtones. Indo-Trinidadian
opposition politicians complained that Afro-Trinidadians
receive a disproportionate share of government benefits.
Against the backdrop of a perceived crime wave in central
Trinidad, in May Member of Parliament Hulsie Bhaggan publicly
linked the increased crime, particularly sexual offenses, to
racial animosity against Indo-Trinidadians on the part of
Afro-Trinidadians. Ms. Bhaggan's allegations, and the
subsequent police denial, heightened racial tensions for
several months and provoked the organization of vigilante
village watch groups throughout the region. These groups were
responsible for several assaults against Afro-Trinidadian males
whom they suspected of banditry. In almost all cases, these
suspicions proved groundless. In July the psychological
research center at the University of the West Indies released a
report of the crime situation that found no connection between
increased crime in the area and racial motivations.
Religious Minorities
Although Hinduism is the second largest religion in Trinidad
and Tobago, there are no sixth-form Hindu secondary schools to
prepare students for university; there are 18 Christian and
2 Muslim sixth-form facilities. Hindu leaders blame the lag in
the performance of Hindu students on government failure to
provide adequate facilities and opportunities for the Hindu
population. Members of the Muslim community also charged
religious discrimination in non-Muslim government secondary
schools which prohibit young women from wearing the jeelab
(head covering) or chador (head covering and shawl) in the
classroom. School administrators responded that all students
are required to wear identical uniforms and that preferential
treatment contradicted school policy.
People with Disabilities
There is no legislation that specifically protects the
employment rights of the disabled, but there exists a body of
social services legislation that affords pensions and public
assistance for disabled persons unable to find employment. The
Government provides substantial funding for private schools and
institutions that provide education, child care, and support
for disabled children and young adults. The Government has not
enacted legislation to assure accessibility for the disabled to
government services. The Government released a draft policy in
the fall of 1993 listing proposed improvements to the existing
policy toward the disabled. The draft was still under
discussion at year's end.
Section 6 Worker Rights
a. The Right of Association
The right of association is respected in law and practice.
There are 32 active labor unions, with a total membership
comprising approximately 32 percent of the work force. The
unions are independent of government or political party
control, and they freely represent their members' interests.
Union members are free to publicize their views and determine
their own programs and policies, including their international
affiliations.
Workers are permitted, upon expiration of a conciliation
period, to strike, and employers are permitted to lock workers
out. After a strike or lockout has been in progress for
3 months, either of the parties involved may request the
Minister of Labor to refer the question to the Industrial
Court, which is part of the independent judiciary, for a
binding decision. Strikes and lockouts are not permitted in
essential public services (as defined in the Industrial
Relations Act), and the Minister of Labor may apply for an
injunction to halt any labor action he finds contrary to the
national interest; in practice, this has never happened.
Workers in essential services with labor grievances may call on
the conciliation services of the Ministry of Labor or may take
their cases directly to the Industrial Court. However, such
cases are not generally processed more quickly than those in
the private sector. Workers in essential services may also
file civil suits against the Government.
In 1993 members of the Steelworkers' Union staged a 6-week
strike against the island's only steel manufacturer. The
strike concluded in August when the majority of the membership
voted to accept the company's offer.
The PNM Government's decision to proceed aggressively with
plans to privatize many state-owned industries led to marked
antagonism between several significant unions and the
Government. Both the Oilfield Workers Trade Union and the
National Union of Government and Federal Workers repeatedly
threatened crippling industrial action in efforts to avert the
planned privatization of the electrical and water utilities. A
government decision to streamline Trinidad's ports resulted in
dismissal of two-thirds of the port's workers, who were
provided with a voluntary separation plan.
b. The Right to Organize and Bargain Collectively
The constitutional right of workers to organize and bargain
collectively is well established and freely practiced. In
fact, collective bargaining is the predominant method by which
wage levels are established in most industries. Antiunion
discrimination is prohibited by law. However, there is no
legislation that mandates the rehiring of an employee in a
wrongful dismissal case. The Minister of Labor acts as an
impartial conciliator in collective bargaining impasses. There
are a few complaints each year to the Ministry of Labor about
personal antiunion activities, usually involving the suspension
or dismissal of an employee who alleges the action was taken at
least in part because of union activity. The Ministry of Labor
is generally able to resolve those cases brought to it.
Legislation for the establishment of free trade zones, enacted
by Parliament in 1988, was implemented in 1992. All Trinidad
and Tobago laws, inclusive of those affecting working
conditions and the right of workers to organize and bargain
collectively, are applicable in free trade zones.
c. Prohibition of Forced or Compulsory Labor
Although there is no domestic law prohibiting forced or
compulsory labor, it is not practiced.
d. Minimum Age for Employment of Children
Legislation prohibits the employment of children under the age
of 12, and children aged 12 to 14 are permitted to work only in
family businesses. Education is compulsory until the age of
12. Children may begin apprenticeship at age 15 and regular
employment at age 17. The probation service within the
Ministry of Social Development and Family Services is the
entity responsible for compliance, but enforcement of these
restrictions was lax. School-age children were often seen
vending on the streets and at the beach.
e. Acceptable Conditions of Work
Legislation enacted in November 1991 significantly broadened
the categories of workers covered by minimum wage standards.
There is no national minimum wage, but there do exist
legislated minimum wages for specific sectors. The lowest such
rate is that for domestics which is $26.78 (TT$150) for a
44-hour week. Very few sectors are covered by these rates, and
it appears that even in sectors where there is a legislated
minimum, most workers earn more than the minimum. The lowest
pay rate for government workers covers apprentice woodsmen and
is $12.74 (TT$71.35) for an 8-hour day.
Enforcement of the minimum wage law is entrusted to the Labor
Inspectorate. The legislation also provides for 3 months
maternity leave for household and shop assistants, as well as
overtime pay, holiday pay, 2 weeks' vacation leave, and
14 days' sick leave per year. Wage levels in sectors not
covered in the law are set under collective bargaining
agreements and provide a decent living for workers and their
families. The most poorly paid workers, including those
working in minimum wage jobs, usually have secondary sources of
support, often from their families.
The standard workweek in Trinidad and Tobago is 40 hours; the
minimum wage law sets a 40-hour workweek for workers who fall
within its jurisdiction, while collective bargaining agreements
set the standards in other industrial and service sectors.
Additional hours are considered overtime and are remunerated at
a negotiated rate. Daily rest periods and paid annual leave
form part of most employment agreements. There are no legal
restrictions on overtime work.
Occupational health and safety is governed by the 1948
Factories and Ordinance Bill, which sets requirements for
health and safety standards in certain industries and provides
for inspections to monitor and enforce compliance. Workers who
file complaints with the Ministry of Labor regarding illegal or
hazardous working conditions are protected under the Industrial
Relations Act of 1972 to the extent that, should it be
determined upon inspection that conditions exist in the
workplace which present hazards to life or limb, the worker is
absolved in refusing to comply with an order which would have
placed him or her in harm's way. Government inspectors
investigate complaints of hazardous working conditions.
[end of document]
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