OMMITTEE ON ELIMINATION ON RACIAL DISCRIMINATION STARTS REVIEW OF REPORT OF TRINIDAD AND TOBAGO

CERD
59th session
1 August 2001
Afternoon



No Overt Manifestations of Racial Violence in Society, Delegation Says


A Government delegation of Trinidad and Tobago told the Committee on the Elimination of Racial Discrimination this afternoon that the success of the people of Trinidad and Tobago in the management of their diversity would not have been achieved if the Government did not uphold the principle of equality in the enjoyment of all human rights.

The remark was made as the Committee started to review the fourteenth periodic report of Trinidad and Tobago on that country=s efforts to implement the provisions of the International Convention on the Elimination of all Forms of Racial Discrimination.

Introducing the report, Debbie Sirjusingh, Director of the Human Rights Unit at the Ministry of the Attorney-General and Legal Affairs of Trinidad and Tobago, said that while racism in other countries had resulted in race riots, racially motivated killings and ethnic cleansing, her country, despite its largely equal African descended and South Asian descended population, had not had any overt manifestations of racial violence.

She, however, said that with a freely functioning press it could not be denied that from time to time, individual complaints of racism being practised by politicians, religious leaders and private sector employers did appear in the daily newspapers; there were no recorded instances of successful litigation proving the veracity of such allegations, she said.

The success of the Government and the people of Trinidad and Tobago in the management of that diversity would not have been achieved if it were a country in which the Government did not uphold the principle of equality in the enjoyment of all human rights, Ms. Sirjusingh told the Committee.

Raghavan Vasudevan Pillai, the Committee member who served as country rapporteur to the report of Trinidad and Tobago, said the country recognized the contribution of a pluralistic society towards national development; and that approach augured well for the promotion of communal harmony and the prevention of racial discrimination.

Mr. Pillai said that the country report had mentioned, among other things, that no specific measures had been taken to review governmental, national or local policies to amend or nullify any laws and regulations which had the effect of creating or perpetuating racial discrimination. He asked if the position taken by the Government indicated that no review was necessary and if there had been any past instances of a law being found inconsistent with the provisions of the Constitution.

Also taking part in the debate were Committee members Regis de Gouttes, Francois Lonseny Fall, Luis Valencia Rodriguez, Patrick Thornberry and Mario Jorge Yutzis.

The delegation of Trinidad and Tobago was also made up of Zaneta Plocica, Human Rights Unit of the Ministry of Legal Affairs; Mary Ann Richards, Charge d'Affaires of Trinidad and Tobago at the Permanent Mission to the United Nations Office at Geneva; and Lauren Boodhoo, First Secretary at the Permanent Mission. The head of the delegation, Attorney General and Minister of Legal Affairs, Ramesh Lawrence Maharaj, is expected to join the Committee tomorrow.

Trinidad and Tobago is among the 157 States parties to the Convention and as such it must file periodic summaries of its performance designed to implement the provisions of the instrument.

Before adjourning its afternoon meeting, the Committee was briefed by Helga Klein-Bidmon, Representative of the Secretariat of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, on travel and conference arrangements concerning the meeting.

The Committee will continue its consideration of the report of Trinidad and Tobago when it reconvenes at 10 a.m. on Thursday, 2 August.

Summary of Report of Trinidad and Tobago

The fourteenth periodic report (document CERD/C/382/Add.1) of Trinidad and Tobago enumerates the administrative, legislative and judicial measures taken to implement the provisions of the Convention on an article-by-article basis. It notes that one recent measure being taken by the Government which, if passed. would give effect to the provisions of article 2, paragraph 1, of the Convention is the Equal Opportunities Bill. The Bill seeks to prohibit discrimination in the country and to promote equality of opportunity for persons irrespective of their sex, colour, race or origin, among other things.

The report says that there are no measures in place to give effect to the undertaking not to sponsor, defend or support racial discrimination by any persons or organizations. It says that racial discrimination is not a real problem in the country, and no instances of racial discrimination by persons or organizations have occurred as far as the Government is aware. In addition, specific measures have not been taken to review governmental, national and local policies to amend or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination.

Further, the report says that practice of racial discrimination is eliminated in all activities of all ministries through adherence to the broad legal framework of the Constitution of Trinidad and Tobago. There is great support for the principle of equality and non-discrimination, and this is reflected either explicitly or implicitly in all of its policies and programmes.

There are no statutes in the country that specifically target the dissemination of ideas based upon racial superiority or hatred, and the incitement of racial hatred, the report notes. In addition, there are no specific provisions in the existing law which ensure that conditions of employment do not infringe upon the fundamental political and economic freedoms of the individual.

Presentation of Report

DEBBIE SIRJUSINGH, Director of the Human Rights Unit at the Ministry of the Attorney-General and Legal Affairs of Trinidad and Tobago, stressed that her country was a proud example of racial harmony, and its plural society was considered a "melting pot" of different races. According to the latest available census, 40.3 per cent of the population defined themselves as East Indian; 39.6 per cent defined themselves as African; 18.6 per cent was classified as mixed and there were significant minority groupings of Caucasians, Chinese and Syrians.

Ms. Sirjusingh said that while racism in other countries had resulted in race riots, racially motivated killings and ethnic cleansing, her country, despite its largely equal African descended and South Asian descended population, had not had any overt manifestations of racial violence. With a freely functioning press, however, it could not be denied that from time of time, individual complaints of racism being practised by politicians, religious leaders and private sector employers did appear in the daily newspapers. There were, however, no recorded instances of successful litigation proving the veracity of such allegations.

The success of the Government and the people of Trinidad and Tobago in the management of that diversity would not have been achieved if it were a country in which the Government did not uphold the principle of equality in the enjoyment of all human rights, Ms. Sirjusingh said. The country had seen equal access to justice to all, and its distribution of resources was not dependent on race or ethnicity. However, the Government recognized that it was not immune to the challenge of inter-ethnic conflict, which affected many multi-ethnic societies.

Ms. Sirjusingh said that although the Constitution prohibited discrimination against an individual by the State, there was a lacuna in the law with respect to the protection of an individual against racial discrimination in the private sector. For that reason, the Government had taken steps to bolster the protection afforded by the Constitution by enacting equal opportunity legislation. The act prohibited discrimination against any person on the grounds of their gender, race, ethnicity, religion or origin, among other things.

According to newspaper reports, certain nightclubs were openly practising racial discrimination by repeatedly refusing admission to dark skinned Indo and Afro Trinidadians, while allowing light skin toned persons to enter, Ms. Sirjusingh said. The Government had publicly condemned those practices and was commended for its swift reaction when it successfully introduced amended legislation to prevent such discrimination.

Consideration of report

RAGHAVAN VASUDEVAN PILLAI, the Committee Expert who served as country rapporteur to the report of Trinidad and Tobago, said the country recognized the contribution of a pluralistic society towards national development. That approach augured well for the promotion of communal harmony and the prevention of racial discrimination.

Mr. Pillai said that the country report had mentioned that no specific measures had been taken to review governmental, national or local policies to amend or nullify any laws and regulations which had the effect of creating or perpetuating racial discrimination. Did the position taken by the Government indicate that no review was necessary? Had there been any past instances of a law being found inconsistent with the provisions of the Constitution?

Mr. Pillai recalled that the issue of the Sedition Act had been mentioned in previous reports and it was not adequately prepared to meet the requirements of the provisions of the Convention. The Committee was of the view that while the Act conformed to the provisions of article 4 (a) of the Convention, it in no way conformed to those of paragraph (b). Consequently, in its concluding observations, the Committee had expressed concern over the failure to adopt legislative, administration and other measures implementing article 4 of the Convention. The Committee had also recommended that appropriate consideration should be given by the State party to the effective implementation of article 4 as a whole in national legislation. Any further information the delegation could give on the consideration given to the earlier recommendation of the Committee would be most welcome.

The report dealt with equal remuneration for work of equal value in the Government sector; how about in the private sector, Mr. Pillai asked. The report also said that no complaints had been received in respect of racial discrimination in the area of employment, conditions of work and equal pay for equal work; could it be that that was a reflection of inadequate awareness on the part of the working population?

The right to adequate housing was not a constitutional right, but the Government of Trinidad and Tobago recognized shelter as a fundamental right, Mr. Pillai said. What was the housing situation like in the urban areas vis-a-vis rural areas, which reflected to some extent a racial divide? References had been made in that connection to the role of the Sugar Industry Labour Welfare Committee in addressing the housing needs of low-income sugar workers and some farmers; what had been the impact of the work of the Committee?

The report had made reference to a bill on "socially displaced persons bill 1999", which defined socially displaced persons and covered their relocation, treatment and rehabilitation; where did the bill stand now? Mr. Pillai asked. How was it being implemented? Had there been any racial dimensions in its implication?

Mr. Pillai said that it was commendable that Trinidad and Tobago had taken steps to include in the school curricula, and also in the training of teachers and other professionals courses meant to promote human rights. In addition, the UNESCO-sponsored school project, which included a met-work of schools in all parts of the world, was particularly commendable. The project was established in 1953 and reactivated in 1989; was the project given up in between? Had there been an evaluation of the project and its impact on race relations in the country?

In the light of growing problems of racial discrimination involving night clubs, the Government had introduced certain legislative changes prohibiting discrimination on the basis of colour, religion or sex, Mr. Pillai said. What had been the extent of enforcement of those provisions in terms of suspending or cancelling the licences of such premises?

Other Committee members also commented on the contents of the report and raised questions on such issues as cooperation with non-governmental organizations and consultation in the preparation of the report; the situation of Amerindian populations; the ethnic composition of the population; the participation of women in public affairs; and the ethnic composition of Government posts, among other things.



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