1. The Committee
considered the combined initial, second and third periodic report
of the Republic of Trinidad and Tobago (CEDAW/C/TTO/1-3) at its
536th and 537th meetings, on 21 January, and its 547th meeting
on 29 January 2002.
I. Introduction
by the State party
2. In introducing
the combined initial, second and third report, the representative
of Trinidad and Tobago regretted that, despite its efforts, the
Government had fallen behind in its reporting obligations under
article 18 of the Convention and had not submitted its report
until January 2001.
3. A significant
reason for the delay in submitting the report had been that no
mechanism existed to deal with reporting under international human
rights treaties and insufficient resources had been allocated
for that purpose. In 1999, a Human Rights Unit was created within
the Ministry of the Attorney -General for the preparation of reports
required under international instruments. In order to assist the
Unit, a Human Rights Committee, comprising representatives of
some 13 ministries of the Government and one representative from
the Tobago House of Assembly, had been established.
4. Upon the
completion of the report, the Attorney- General tabled it before
Parliament, outlining its content and the significance of the
Convention. The report had been widely distributed, including
to Government ministries, secondary schools, non - governmental
and community-based organizations, international human rights
organizations and public libraries.
5. By its
accession to the Convention on the Elimination of All Forms of
Discrimination against
Women, the Government of Trinidad and Tobago expressed its commitment
to the global struggle to eliminate discrimination faced by women;
and the promotion of their enjoyment of civil, political, economic,
social and cultural rights. Encouraged by the review of its implementation
by the General Assembly in 2000, the Government had also pledged
itself to implement the actions identified in the Beijing Platform
for Action. Non-governmental and community -based women's organizations
assisted the Government in implementation of the Convention. The
Ministry of Community Development and Gender Affairs sought to
address all forms of gender inequality and inequity through its
Gender Affairs Division.
6. The representative
indicated that the constitution of Trinidad and Tobago explicitly
prohibited discrimination on the ground of sex and enshrined equality
and the protection under the law. Equal opportunity legislation
to prohibit discrimination on the grounds of sex, colour, race,
ethnicity, origin, religion, marital status or disability in the
fields of employment, education, the provision of goods and services
and accommodation had been passed and would enter into force fo
llowing the appointment of the Equal Opportunity Commission and
Tribunal. Legislation preventing employers from discriminating
against female employees on account of pregnancy had been passed.
The Cohabitational Relationships Act, regulating the rights of
cohabiting couples, entered into force in 1998.
7. Gender-based
violence, including sexual attacks on women and young girls, was
pervasive and had long been a matter of grave concern for the
Government. Between 1990 and 1996, 39 domestic violence -related
murders had been committed in the country. A comprehensive programme
against domestic violence had been launched, the components of
which included the establishment of a 24 -hour National Domestic
Violence Hotline, a Domestic Violence Unit within the Gender Affairs
Division, a Male Support Programme and 19 community -based drop
-in information centres. A Community Policing section had been
established within the police service; and the Government was
developing a national policy on domestic violence.
8. In 1999,
the Domestic Violence Act 1991 was repealed and replaced with
legislation reflecting international standards, while the Legal
Aid and Advice Act had been amended to allow more people, including
women victims of domestic violence, to qualify for legal aid .
The law relating to sexual offences had been amended to increase
penalties for such offences and to penalize sexual assault within
marriage. Progress had also been made in the implementation of
legislation, in particular legal reforms implementing the provisions
of the United Nations Convention on the Rights of the Child, to
protect and promote the rights of children. A National Survey,
completed in June 1997, indicated that some children and adolescents
were involved in prostitution and pornography, but there was no
evidence of the sale of children.
9. Women had
limited economic power and predominated in the lowest paid and
least protected employment sectors. Women continued to be underrepresented
in positions of power and decision-making positions. Especially
in the private sector, few women have been able to ascend to the
very top occupational levels and, despite their educational qualifications,
women continue to be underpaid in every sector of employment,
except when employed by the State. A "Women's Leadership
Enhancement Institute" within the Gender Affairs Division,
and a "Women's Second Chance Programme" had been introduced
to address this problem. In 1996, Trinidad and Tobago became the
first country in the world to enact a Counting of Unremunerated
Work Act, to ensure that the unremunerated work of women is recorded
and calculated. It had also enacted a Minimum Wage
Act to provide all workers with a minimum level of pay by establishing
a single economy wide minimum wage.
10. Poverty
was more widespread among single parent female -headed households
and those headed by women who had received limited education.
The Government was committed to improving the standard of living
of poor women and their families by increasing their access to
capital, resou rces, credit, land, technology, information, technical
assistance and training. The Government, as part of its commitment
to provide free secondary education for all students, had undertaken
two pilot projects to train women in non - traditional areas,
inclu ding masonry, plumbing, technical drawing and electrical
installation.
11. In order
to address gender stereotyping, a task force had been convened
to review the educational curriculum for primary schools and another
would be established to review the curriculum of secondary schools.
A "dollar for dollar" programme, allowing every citizen
to pursue the equivalent of an Associate or Bachelor's degree
at half the cost of the programme, had been implemented to expand
access to tertiary education.
12. The Government
was committed to ensuring that women enjoyed the highest attainable
standards of physical and mental health and well-being throughout
their lives. The provision of accessible and affordable primary
and secondary health care, including sexual and repro ductive
health care, were among the Government's priorities.
13. In concluding,
the representative highlighted the efforts of the Women's Leadership
and Enhancement Institute of the Division of Gender Affairs to
increase the participation of women in polit ics, which had included
the holding of a regional conference held in July 2001. Female
Ministers in the Government now included the Attorney -General,
the Minister of Community Development and Gender Affairs, the
Minister of Social Development and the Minister of Education.
Although these developments were promising, the representative
indicated that the Government recognized that more work was needed
to increase the participation of women in politics and in Parliament.
II. Concluding
comments of the Committee
Introduction
14.The Committee
commends the State party on its report, which although presented
with some delay, complied with the Committee's guidelines.
15. The Committee
commends the State party on the open and frank presentation of
the delegation and the detailed responses to the oral questions
posed by the Committee.
Positive aspects
16. The Committee
particularly welcomes the creation of a Human Rights Unit within
the Ministry of the Attorney -General to strengthen Trinidad and
Tobago's capacity to report to international human rights treaty
bodies. It encourages the Government to continue its efforts to
fulfil its international reporting obligations.
17. The Committee
also welcomes the recognition given by the State party to the
role played by a number of active non -governmental organizations
and community -based women's organizations in the country, which
assist the State party in its efforts to eliminate all forms of
discrimination against women.
18. The Committee
notes with appreciation the extensive law reform initiated in
Trinidad and Tobago since independence and appreciates the efforts
made to repeal or amend legal provisions which discriminate against
women. The Committee welcomes, in particular, the Counting of
Unremunerated Work Act of 1996. The Committee notes with satisfaction
that, since the repeal in 2000 of sections 5 (1) and 5 (3) of
the Sexual Offences Act No. 27 of 1986, marital rape is a criminal
offence in Trinidad and Tobago.
19. The Committee
commends the State party for its comprehensive programme to combat
domestic violence through such initiatives as a 24-hour hotline,
the establishment of a Domestic Violence Unit within the Gender
Affairs Division, a male support programme and community -based
drop -in information centres. The Committee commends the Government
for steps to provide emergency legal aid, in particular in cases
of domestic violence.
Factors
and difficulties affecting the implementation of the Convention
20. The Committee
notes that the entrenched stereotypical attitudes with regard
to the role of women and men and the persistence of gender-based
violence within the society constitute obstacles to the full implementation
of the Convention.
Principal
areas of concern and recommendations
21.The Committee
is concerned that the Convention has not been incorporated into
domestic legislation. The Committee regrets, in particular, that
article 1 of the Convention which defines "discrimination
against women" is not part of the legislation of the State
party.
22.The Committee
recommends that the State party give consideration to the incorporation
of the Convention into domestic law. It points particularly to
the importance of the incorporation of article 1 of the Convention.
The Committee requests that the State party report on progress
made in this regard in its next periodic report, including information
on whether the Convention has been invoked before domestic courts.
23. The Committee
notes with concern that, despite provisions in the Constitution,
laws exist in the State party which may allow for discrimination
against women.
24.The Committee
recommends that an inventory be made of laws that discriminate
against women with a view to their revision, amendment or repeal.
25. The Committee
is concerned that the apparent lack of coordination amongst Government
bodies tasked with the oversight of gender issues and a failure
to allocate responsibility for activities may compromise gender
mainstreaming activities and that national women's machinery may
be affected adversely by limited human and financial resources.
26. The Committee
encourages gender mainstreaming in all Government Ministries,
as well as the creation of an impact assessment of these efforts.
It recommends that the State party clearly define the mandates
of the various committees and councils concerned with gender issues
and the level of interaction among them. The Committee encourages
the State party to continue its process of restructuring the national
machinery and to allocate the necessary human and financial resources
to ensure effective implementation of governmental policies and
programmes related to gender equality. It also encourages gender
mainstreaming in all ministries.
27. The Committee
expresses concern that, despite innovative legislation, policies
and programmes, violence against women remains a serious reality
that is being perpetuated by deeply rooted traditional patriarchal
attitudes, apparently tolerated by society.
28.The Committee
urges the State party to place a high priority on measures to
address violence against women in the family and in society in
accordance with the Committee's general recommendation 19 and
the Declaration on the Elimination of Violence against Women.
The Committee recommends that the Government introduce further
measures to raise public awareness about violence against women
and urges the Government to strengthen its activities and programmes
to focus on sexual violence, incest and prostitution.
29.The Committee
is concerned about the entrenched stereotypical attitudes and
behaviour with regard to the roles of women and men in the family
and in society which tend to reinforce women's inferior status
in many sectors of public life.
30. The Committee
recommends that the State party take urgent measures to overcome
traditional stereotypes regarding the role of women and men in
society. The Committee emphasizes that a policy of gender equality
in compliance with the Convention will require the reconceptualization
of the role of women in society from that o f mother and wife,
exclusively responsible for children and the family, to that of
individual person and actor in society.
31. The Committee
is concerned about women's underrepresentation in politics and
economic leadership. It is concerned that factors impeding women's
participation in these areas include stereotypical attitudes,
women's disproportionate share of household and family responsibilities,
as well as structural and cultural barriers, such as the lack
of maternity leave for women parliamentarian s, which reinforce
the idea that politics is a male sphere.
32. The Committee
recommends the introduction of strategies to increase the number
of women in decision -making bodies at all levels and in all areas.
To this end, the Committee recommends that the State party utilize
temporary special measures in accordance with article 4, paragraph
1, of the Convention to increase the number of women in decision
-making levels in government, governmental bodies, public administration
and State -owned enterprises. It also recommends that the State
party strengthen its efforts to organize special training programmes
for women and to conduct on a regular basis, awareness -raising
campaigns in this regard.
33. The Committee
is concerned that, despite high educational qualifications, women
continue to be underpaid in every sector of employment, except
the State employment sector. It is also concerned about the consequences
of gender stereotyping in curricula and the impact of the fact
that girls take traditional "female" courses and boys
traditional "male" courses on women's employment options
and income. The Committee is also concerned about the lack of
specific legislation prohibiting sexual harassment in the workplace
and providing a remedy for victims of sexual harassment.
34. The Committee
encourages the State party to analyse the lack of correlation
between the high level of education attained by women and their
income levels; it urges the State party to implement curriculum
reform and the revision of textbooks in order to combat traditional
attitudes towards women and to help to create an enabling environment
for women's presence in high -level and well-paid positions. It
also recommends that the State party avail itself of existing
research and practice with regard to equal pay for work of equal
and comparable value in order to overcome inequality in pay. The
Committee further recommends that sexual harassment in the workplace,
including in the private sector, should be penalized, and remedies
provided for those affected.
35. The Committee
is concerned that, although domestic workers are entitled to a
minimum wage under the new Minimum Wage Order, they are not included
within the definition of "worker" in the Industrial
Relations Act.
36. The Committee
calls upon the State party to bring domestic workers within the
definition of "worker" in the Industrial Relations Act.
37. The Committee
is concerned at the high incidence of poverty among various groups
of women, in particular female heads of households. The Committee
recognizes that women -headed households have been negatively
affected by structural adjustment programmes and the changing
global situation.
38. The Committee
requests the State party to provide additional information on
the programmes and projects that have been implemented to combat
the negative impact of structural adjustment programmes on women,
and in particular households headed by women, and to ensure that
governmental policies to eradicate poverty are continuous, incorporate
a gender perspective and do not marginalize women.
39. The Committee
is disturbed that child marriages are sanctioned under several
of the legal regimes regulating marriage. The Committee notes
that such marriages are prohibited by article 16, paragraph 2,
of the Convention, and that such marriages have serious consequences
for girls, including with regard to health. The Committee is concerned
about the high rate of teenage pregnancy and its consequences
for girls' enjoyment of the rights guaranteed by the Convention,
in particular in the sphere of education.
40. The Committee
urges the State party to ensure that all its minimum age of marriage
laws and other programmes to prevent early marriage are in line
with the obligations of the Convention. The Committee also recommends
that Trin idad and Tobago introduce appropriate policies and programmes
for sex education and family planning education.
41. The Committee
is concerned that family planning programmes appear to be aimed
only at women and there is limited emphasis on male responsibility
in this regard.
42. The Committee
recommends the introduction of programmes to encourage men to
take part in family planning responsibilities.
43. The Committee
is concerned at the absence of details on any public policy for
rural women, including in respect to employment and health. It
is particularly concerned about the situation of older women in
rural areas.
44. The Committee
urges the State party to include in its next report more information
and data on the situation of rural women, and of older rural women
in particular, and on any policy aimed at their economic empowerment
as well as their access to employment and health -care services.
45. The Committee
requests the State party to respond in its next periodic report
to the specific issues raised in the present concluding comments.
It also requests the Government to provide in its next report
an assessment of the impact of measures taken to implement the
Convention.
46. The Committee
urges the State party to accept the amendment to article 20, paragraph
1, of the Convention, concerning the meeting time of the Committee.
47. The Committee
also urges the State party to sign and ratify the Optional Protocol
to the Convention.
48. The Committee
requests the wide dissemination in Trinidad and Tobago of the
present concluding comments in order to make the people of Trinidad
and Tobago, in particular governmental administrators and politicians,
aware of the steps that have been taken with regard to de jure
and de facto equality for women and of the future steps that are
required in that regard. It requests the State party to continue
to disseminate widely, and in particular to women's and human
rights organizations, the Convention and its Optional Protocol,
the general recommendations of the Committee, the Beijing Declaration
and Platform of Action and the results of the twenty -third special
session of the General Assembly, entitled "Women 2000: gender
equality, development and peace for the twenty -first century".
