33/15 Report of the Working Group on the Universal Periodic Review - Trinidad and Tobago
Document Type: Final Report
Date: 2016 Jul
Session: 33rd Regular Session (2016 Sep)
Agenda Item: Item6: Universal Periodic Review
GE.16-12215(E)
Human Rights Council Thirty-third session
Agenda item 6
Universal periodic review
Report of the Working Group on the Universal Periodic Review*
Trinidad and Tobago
* The annex is being circulated in the language of submission only.
Contents
Page
Introduction ...................................................................................................................................... 3
I. Summary of the proceedings of the review process ......................................................................... 3
A. Presentation by the State under review .................................................................................... 3
B. Interactive dialogue and responses by the State under review ................................................. 7
II. Conclusions and/or recommendations .............................................................................................. 14
Annex
Composition of the delegation ......................................................................................................... 25
Introduction
1. The Working Group on the Universal Periodic Review, established in accordance
with Human Rights Council resolution 5/1, held its twenty-fifth session from 2 to 13 May
2016. The review of Trinidad and Tobago was held at the 15th meeting on 10 May 2016.
The delegation of Trinidad and Tobago was headed by Ambassador Extraordinary and
Plenipotentiary, Eden Charles. At its 20th meeting, held on 13 May 2016, the Working
Group adopted the report on Trinidad and Tobago.
2. On 12 January 2016, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of Trinidad and Tobago: Georgia, Kenya and
Qatar.
3. In accordance with paragraph 15 of the annex to Human Rights Council resolution
5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents
were issued for the review of Trinidad and Tobago:
(a) A national report submitted/written presentation made in accordance with
paragraph 15 (a) (A/HRC/WG.6/25/TTO/1);
(b) A compilation prepared by the Office of the United Nations High
Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)
(A/HRC/WG.6/25/TTO/2);
(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/25/TTO/3).
4. A list of questions prepared in advance by Norway, Slovenia, Spain and the United
Kingdom of Great Britain and Northern Ireland was transmitted to Trinidad and Tobago
through the troika. These questions are available on the extranet of the universal periodic
review.
I. Summary of the proceedings of the review process
A. Presentation by the State under review
5. The State indicated that the preparation of the national report had involved various
stakeholders, including government ministries, other State agencies and representatives of
civil society.
6. Measures that Trinidad and Tobago had implemented in fulfilling its human rights
obligations included those aimed at protecting the rights of women and children, reducing
poverty, improving the administration of justice and reducing the incidence of violent crime
in Trinidad and Tobago. With regard to the continued increase in violent crime, given the
country’s vulnerability to drug trafficking and the illegal arms trade, the Government had
taken steps to address the issue with the passage or enactment of various pieces of
legislation, such as the Trafficking in Persons Act, 2011, the Anti-Terrorism (Amendment)
Act, 2010, and the Interception of Communications Act, 2010.
7. The Government of Trinidad and Tobago continued to improve the administration of
justice in an effort to reduce the backlog of cases before the courts, specifically as it related
to the length of time that a person may be detained before being brought before the courts.
To address that issue, the Administration of Justice (Indictable Proceedings) Act, 2011, and
the Indictable Offences (Committal Proceedings) Act, 2014, had been enacted.
8. The Police Complaints Authority of Trinidad and Tobago offered a safe,
independent environment in which complaints could be lodged and investigated. That
service was offered free of charge as an accessible mechanism for members of the public to
submit complaints against police officers and with a view to curbing the use of unnecessary
force by the police service in the conduct of their work.
9. The Trinidad and Tobago Police Service had also implemented the “Policing for
People Initiative” to provide officers with the training required to improve the quality of
policing. The aim was to change the culture of the police service with regard to its
interaction with the public in order to form a closer alliance between the two, with the
concomitant effect of greater cooperation in the fight against crime.
10. The delegation of Trinidad and Tobago indicated that the death penalty was only
applicable for murder and treason and that before such a penalty was applied, due process
— involving several safeguards — was carefully observed. Those safeguards included: the
commutation of death sentences not carried out within five years; appeals before the Court
of Appeal and to the Judicial Committee of the Privy Council, which was the final court of
appeal; and the right of a prisoner to apply to the Advisory Committee on the Power of
Pardon by virtue of section 89 of the Constitution.
11. Various policy mechanisms were also in place to protect and promote the rights of
prisoners. The Penal Reform and Transformation Unit had been established in 2002 to
review the penal system. Since then, further reforms had been implemented to achieve a
more restorative system of justice. The Trinidad and Tobago Prison Service was guided by
the Standard Minimum Rules for the Treatment of Prisoners. Strategies had also been
adopted to meet the needs of imprisoned women, to ensure that the mother-child
relationship was maintained and to address women’s health needs, especially those related
to pregnancy, and revenue earning. Inmates were able to benefit from the rehabilitation
system, which included religious or spiritual programmes for all faiths, psychological and
medical services, cognitive/moral programmes on leadership, conflict resolution, drug
rehabilitation, counselling, adolescent development, self-esteem and anger management,
social/sporting programmes and educational programmes, ranging from academic to
vocational, some of which were hosted by the prison service.
12. The Ministry of National Security had embarked on the introduction and
implementation of an offender management system. The system sought to establish a
seamless process for offenders, from the point of arrest through to the point of release. At
its core was the delivery of a set of interventions, sequenced and tailored to respond to the
risks relating to and the needs of the individual offender.
13. In the light of the recommendation, accepted during the previous cycle of the
universal periodic review, that the State should improve living conditions in prisons and
detention centres, the Prison Service Act, 1965, had been amended by the Miscellaneous
Provisions (Prisons) Act, 2014, along with the Prison Rules, to provide for, among other
things, the removal of an Inspector of Prisons, the creation of an Inspectorate of Prisons and
the establishment of an Appeal Tribunal for cases involving disciplinary action against
prisoners. The Inspectorate was charged with the function of inspecting and reporting on
conditions in prisons and industrial institutions and following up on the treatment of
prisoners, prisoner complaints and programmes, facilities, services and opportunities
available to promote the rehabilitation of prisoners and young offenders.
14. Trinidad and Tobago had sought to implement the recommendation it had accepted
during the first cycle of the universal periodic review to reduce the case backlog and
address the inefficiencies in the judicial system that contributed to lengthy pretrial
detentions and exacerbated difficult prison conditions. In September 2015, the Chief Justice
of Trinidad and Tobago had announced the approval of criminal case management rules
that would facilitate the early disclosure and disposal of preliminary issues, impose stricter
time frames and impose a positive obligation on all parties, including judicial officers, to
assist in processing cases in accordance with the overriding objective of dealing with cases
justly and expeditiously.
15. In order to reduce poverty, especially that affecting women, the Office of the Prime
Minister had, together with the Minister of State for gender affairs, provided financial
assistance for more than a decade, through the “Women in harmony” programme, to female
heads of households who were single parents with few or no skills and either a low or no
income.
16. Another initiative geared towards supporting women with specific needs was the
“Non-traditional skills training programme for women”. It was designed to provide
specialized, technical/vocational education and training to low-income women. The
programme was aimed at increasing economic productivity among unskilled, unemployed
women between the ages of 18-50 years. Since 2001, over 3,000 women had been trained
under the programme.
17. Trinidad and Tobago had also paid attention to the needs of persons with disabilities.
A disability affairs unit within the Ministry Social Development and Family Services and a
national coordinating committee on disability had been established. Additionally, the
Government was currently considering a draft national policy on persons with disabilities
and a draft disabilities bill. Broad programmes had also been developed to ensure the safety
and independence of the differently-abled. The Government provided financial assistance to
purchase aids and assistance devices, and the Public Transport Service Corporation
provided a dial-a-ride service to transport differently-abled persons to work, school,
Government offices and the supermarket.
18. Efforts had been made by the Ministry of Labour and Small Enterprise Development
to promote and encourage the integration of persons with disabilities into the labour market
in both the public and private sectors.
19. The efforts undertaken by Trinidad and Tobago to safeguard the rights of persons
with disabilities had been strengthened by the ratification in 2015 of the Convention on the
Rights of Persons with Disabilities. An interministerial committee had been established to
implement the articles of the Convention.
20. In July 2015, the National Enrichment Centre for Persons with Disabilities formerly
known as the National Development Centre for Persons with Disabilities had been
commissioned to enhance the quality of life of persons with disabilities. The Centre was to
be responsible for providing rehabilitation services, opportunities for vocational training
and employment, independent life skills programmes, activities focusing on social
interaction and therapeutic services for persons with disabilities.
21. The right of children with disabilities to access education had been recognized and
was supported by the Special Education Unit of the Student Support Services Division of
the Ministry of Education.
22. Trinidad and Tobago had received various recommendations during its initial
periodic review concerning the full implementation of the Children’s Authority and the
proclamation of the Children Act, 2012. On 18 May 2015, the Children Act, 2012, had been
proclaimed, resulting in the immediate operationalization of the Children’s Authority. The
Children Act, 2012, along with other legislation and the Children’s Authority, represented
an overhaul of the former child protection system. It had repealed and replaced the previous
Children Act, adopted in 1925. The new legislation was wide-ranging in its scope and dealt
with issues including sexual conduct against children, cruelty, juvenile justice, corporal
punishment, compulsory school age, the use of evidence and procedures in criminal
proceedings involving children, children’s attorneys and the employment of children. The
Children’s Authority, which had been established by the Children’s Authority Act, 2000,
served as the hub of the new national child protection system, and performed several key
functions geared towards safeguarding and improving the lives of children in Trinidad and
Tobago. The Children’s Authority received and investigated reports of the mistreatment of
children and, in order to deliver the most effective service, had established a 24-hour
helpline for reporting such offences anonymously. It had also established an emergency
response team to investigate reports of the mistreatment of children, which operated on a
24-hour basis.
23. The Government of Trinidad and Tobago had devised a number of programmes and
initiatives to promote and protect the rights of children. The Family and Children Division
Bill, 2016, sought to grant jurisdiction over all matters relating to families and children to a
specific division of the High Court.
24. Trinidad and Tobago was a State party to the Convention on the Rights of the Child
and the Convention on the Civil Aspects of International Child Abduction. National
legislation also gave effect to the provisions of those treaties, for example through the
International Child Abduction Act, 2008. A civil child abduction unit within the Ministry of
the Attorney General and Legal Affairs served a central authority in matters of parental
abduction. Other measures included a child advocacy unit, which operated out of the
Solicitors General’s Department.
25. Further measures had included the establishment of a child protection unit within the
Trinidad and Tobago Police Service, which was staffed by specially trained officers. Its
mandate was to investigate all matters pertaining to child abuse. Child protection units
existed in more than half of the police geographical divisions.
26. Since its first universal periodic review, Trinidad and Tobago had passed the
Children Act, 2012, which prohibited the use of corporal punishment in schools. The Act
had also addressed issues relating to the sale of children, child pornography and child
prostitution. Those measures were supported by the Trafficking in Persons Act, 2011,
which also provided some protection for children from heinous crimes.
27. The protection of the rights of the women of Trinidad and Tobago was of
fundamental importance to the Government. The Government had recognized that in
Trinidad and Tobago, as in any society, women fell victim to domestic violence, sexual
harassment and other forms of emotional and verbal abuse. In addition to specific
legislation covering many of those offences, women were also protected under the Sexual
Offences Act, 1986. Other legislation that protected women from abuse and discrimination
included the Domestic Violence Act, 1999, the Trafficking in Persons Act, 2011, and the
Equal Opportunity Act, 2000. In 2012, the Maternity Protection Act, 1998, had been
amended by the Miscellaneous Provisions (Maternity Protection and the Masters and
Servants Ordinance) Act, 2012. Those specific pieces of legislation supplemented the
provisions of section 4 of the Constitution, which enshrined the fundamental rights and
freedoms of all citizens.
28. Education had been at the forefront of the Government’s investment in sustainable
development. In 2015, Trinidad and Tobago had achieved universal early childhood care
and education, which was coupled with its existing system of universal primary and
universal secondary education and universal tertiary education up to the undergraduate
level. In addition to those policy measures, important legislative changes had been
introduced to promote the right to education. With the proclamation of the Children Act,
2012, the age range for compulsory schooling, previously 6 to 12 years, had been expanded
to 5 to 16 years.
29. In September 2015, in order to build on the progress achieved under the Millennium
Development Goals, Trinidad and Tobago had joined the rest of the international
community in adopting the 2030 Agenda for Sustainable Development, and had embarked
on the implementation of that global development agenda in the context of the
Government’s national development plan, “Vision 2030”.
B. Interactive dialogue and responses by the State under review
30. During the interactive dialogue, 56 delegations made statements. Recommendations
made during the dialogue can be found in section II of the present report.
31. The Netherlands welcomed the ongoing parliamentary debate on equal rights and
non-discrimination with regard to the lesbian, gay, bisexual, transgender and intersex
community. Since discrimination based on sexual orientation remained prevalent, the
Netherlands highlighted the need to improve the fulfilment of the rights of lesbian, gay,
bisexual, transgender and intersex persons.
32. Nicaragua highlighted the reforms and improvements in the areas of children’s
rights, the rights of persons with disabilities and combating human trafficking, as well as
efforts towards the restitution of women’s rights. It commended the ratification of the
Convention on the Rights of Persons with Disabilities and the establishment of an
interministerial committee to oversee its implementation. Nicaragua encouraged Trinidad and Tobago to pay particular attention to vulnerable groups.
33. Nigeria noted the broad consultations, involving national institutions and non-
governmental organizations, carried out during the compilation of the report of Trinidad
and Tobago. It highlighted the fact that the recommendations accepted during the previous
universal periodic review had been implemented. Nigeria commended the Trafficking in
Persons Act, which provided for the establishment of a counter-trafficking unit, and noted
the review of the Administration of Justice Act and the establishment of a Juvenile Court.
34. Norway, noting the legislative reforms relating to violence against women, said that
the high level of gender-based violence nevertheless remained a concern. Norway was also
worried about the continued stigmatization of and discrimination against lesbian, gay,
bisexual, transgender and intersex persons, as well as those living with HIV. It noted with
concern that Trinidad and Tobago had failed to outlaw child marriage.
35. Pakistan noted that, despite resource constraints, Trinidad and Tobago had made
efforts to implement the majority of the recommendations made during the first cycle of the
universal periodic review. It commended the ratification of the Convention on the Rights of
Persons with Disabilities and stressed that the Children Act, 2012, the child protection
units, the National Health Card system and policies related to the elimination of
discrimination against women would contribute to the promotion and protection of human
rights.
36. Panama acknowledged the efforts made to combat corruption and recognized that it
was a systemic problem hindering the full enjoyment of human rights. It highlighted
achievements in the field of children’s rights and the rights of persons with disabilities.
37. Paraguay welcomed the significant legislative progress made, but urged further
action to eliminate discrimination against women, to empower women in decision-making
processes and to eradicate violence against women. Paraguay was worried by the fact that,
in certain cases, 12-year-old children could marry legally.
38. The Philippines acknowledged the enactment of the Trafficking in Persons Act in
accordance with the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the United Nations Convention against
Transnational Organized Crime (Palermo Protocol), and the State’s continuing cooperation
with other States to combat trafficking in persons. It remained concerned about reports that
the crime rate was increasing, and encouraged Trinidad and Tobago to continue to apply a
human rights-based approach when implementing security reforms.
39. Portugal welcomed the ratification of the Convention on the Rights of Persons with
Disabilities. It highlighted that no executions had been carried out in Trinidad and Tobago
since 1999.
40. The Republic of Korea noted the ratification of the Convention on the Rights of
Persons with Disabilities, the enactment of the Trafficking in Persons Act and the Children
Act 2012, and the adoption of the national refugee policy. Those measures represented
major progress towards ensuring protection for the most vulnerable groups.
41. The delegation of Trinidad and Tobago noted the comments and recommendations
made by all the intervening States. It welcomed the comments and indicated that they
would refer them to the authorities, and that they would seek to engage not only the
Government but also civil society in establishing whether or not those comments and
recommendations could be incorporated into the national human rights machinery.
42. On the issue of child marriage, the delegation explained that, in Trinidad and
Tobago, child marriage was a critical issue and that amending existing legislation, which
reflected traditional norms and values, required an extensive and inclusive consultation
process. The issue of child marriage was currently the subject of lively debate at the
national level and the recent amendment to the Children Act had increased the age up to
which a person was still considered a child to 18 years, in compliance with international
standards. Consultations would continue to ensure that there were no inconsistencies
between increased age of majority and other practices that did not conform to that age limit.
43. In response to the questions posed in advance by the delegation of Norway, the
Government of Trinidad and Tobago recognized that discrimination against any group was
a scourge to be tackled. Thus, taking into consideration the culture and the diverse nature of
society in Trinidad and Tobago, any changes to statutory law would require extensive
nationwide consultations involving not only the affected groups, but society as a whole.
44. With regard to the establishment of a human rights institution in accordance with the
principles relating to the status of national institutions for the promotion and protection of
human rights (the Paris Principles), the delegation indicated that the Government would
continue to consider the matter. More in-depth studies were being carried out and a holistic
approach had been adopted to ascertain whether or not existing institutions, such as the
Equal Opportunity Commission and the Office of the Ombudsman of Trinidad and Tobago,
could be restructured and potentially converted into a national human rights institution.
45. In response to the questions submitted in advance by the delegation of Slovenia with
regard to corporal punishment, the delegation referred to the extensive information
provided in the opening statement and the prohibition of corporal punishment in schools.
46. Regarding the question posed by the United Kingdom on the three-tiered
classification of murder and on matters relating to the abolishment of the death penalty, the
Constitution (Amendment) (Capital Offences) Bill, 2011, was being debated and the issue
of the abolishment of mandatory imposition of death penalty was under discussion.
Trinidad and Tobago continued to address the issue of the death penalty and no executions
had been carried out without observance of due process of law.
47. On the issue of the empowerment of women, the head of the delegation of Trinidad
and Tobago mentioned the increasing number of women in Parliament and in the Senate,
noting that the presiding officers of the two houses were women.
48. With regard to the question posed by the United Kingdom on the length of pretrial
detention, two separate pieces of legislation currently applied. Although the Administration
of Justice (Indictable Proceedings Act), 2011, had repealed the Indictable Offences
(Preliminary Enquiry) Act of 1917, the latter continued to apply to proceedings instituted
prior to the date when the Administration of Justice (Indictable Proceedings Act), 2011, had
come into force. The delegation indicated that the Government would continue to monitor
the situation and take into consideration the comments made.
49. Senegal welcomed the promulgation of the Trafficking in Persons Act, the
operationalization of the Children’s Authority, the ratification of the Convention on the
Rights of Persons with Disabilities and the presentation of reports to treaty bodies,
especially to the Committee on the Elimination of Discrimination against Women.
50. Sierra Leone noted the enactment of new legislation to improve the human rights
situation. Given that there had been no executions carried out since 1999, Sierra Leone
urged Trinidad and Tobago to impose a moratorium on the death penalty, with a view to
abolishing it, and to consider incorporating that abolition into its constitutional review.
Sierra Leone encouraged the State to strengthen efforts to end sexual assault and domestic
violence.
51. Singapore welcomed the Trafficking in Persons Act and the ratification of the
Convention on the Rights of Persons with Disabilities. It wished Trinidad and Tobago
success in achieving the goals of the United Nations 2030 Agenda for Sustainable
Development. Singapore remained committed to sharing its development experience with
Trinidad and Tobago and other small island developing States.
52. Slovenia congratulated the State’s efforts to promote the rights of the elderly and its
engagement with gender-responsive budgeting. It welcomed the ratification of the
Convention on the Rights of Persons with Disabilities and the submission of a report to the
Committee on the Elimination of Discrimination against Women, as both measures were a
step towards implementing recommendations made by Slovenia (87.41 and 88.) during the
first universal periodic review cycle. Recommendation 88.39 had been partially
implemented, as the amended Children Act prohibited corporal punishment in all settings
outside the home. Slovenia noted that the death penalty continued to be mandatory for
murder and that non-coercive sexual activity between minors of the same sex could lead to
life imprisonment.
53. South Africa welcomed the enactment of several laws to promote and protect the
rights of women and girls, as well as continued progress in the field of social and human
development.
54. Spain congratulated Trinidad and Tobago on the ratification of the Convention on
the Rights of Persons with Disabilities. Spain urged the State to sign and ratify the Second
Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the
abolition of the death penalty. Trinidad and Tobago should continue to combat all forms of
discrimination, particularly discrimination based on sexual orientation. Spain praised the
State’s efforts to combat sexual and gender-based violence.
55. Switzerland noted the ratification of the Convention on the Rights of Persons with
Disabilities and the introduction of a national policy on refugees. It remained concerned by
the insufficient implementation of the recommendations made as part of the first universal
periodic review cycle, and advised the State to develop a transparent and inclusive process
for implementing universal periodic review recommendations from both cycles.
56. Turkey commended efforts to promote gender equality and encouraged the effective
implementation of the draft national gender policy. It noted the establishment of a central
registry on domestic violence, welcomed the proclamation of a Children Act and observed
ongoing efforts to reduce violent crime through the enactment of legislation.
57. Uganda commended the State’s commitment to protecting women and children,
reducing poverty and the incidence of violent crime and improving the welfare of those
living with HIV/AIDS. However, it highlighted that continued efforts were necessary.
Uganda praised the enactment of the Trafficking in Persons Act, and highlighted that
improving the protection afforded to children against all forms of abuse remained a key
concern.
58. The United Kingdom welcomed the ongoing review of the death penalty. It
recognized the work undertaken to address discrimination against women and asked the
State to take concrete steps to implement existing legislation on sexual harassment and
violence against women, including by establishing specialized rape and sexual offences
units at police stations.
59. The delegation of Trinidad and Tobago acknowledged the recommendation from a
number of delegations that the State should consider ratifying pending human rights
conventions. With regard to the Optional Protocol to the Convention on the Rights of the
Child on the sale of children, child prostitution and child pornography, the delegation
stressed that although Trinidad and Tobago had not become a party to that Optional
Protocol, the Children’s Act nevertheless addressed the issue of the sale of children.
60. The United States of America commended efforts to assist persons with disabilities
and provide greater safeguards for persons with HIV/AIDS. It noted efforts to improve
aspects of the justice sector, but remained concerned about reports of police ill-treatment
and poor prison conditions. The United States was also concerned about violence and
discrimination against women and the lack of respect for the human rights of lesbian, gay,
bisexual, transgender and intersex persons.
61. Uruguay noted with concern the increasing number of cases that could potentially
carry the death penalty. It welcomed the establishment of a national policy to address issues relating to refugees and asylum seekers, as well as measures relating to women’s rights.
Uruguay was concerned about the increase in maternal mortality, particularly among
adolescents, and encouraged Trinidad and Tobago to redouble its efforts to provide sex
education and access to sexual and reproductive health services.
62. The Bolivarian Republic of Venezuela acknowledged the State’s efforts to
implement accepted universal periodic review recommendations, which had led to the
creation of an effective mechanism for developing national human rights programmes. It welcomed the steps taken to ensure access to health, housing, food and education. The
delegation highlighted the implementation of the National Social Development Programme,
the enactment of the Children Act, 2012, and the National Strategic Plan for Child
Development 2012-2016 and welcomed public policies aimed at strengthening the gender
dimension.
63. Algeria noted the promulgation of several legislative texts on child protection and
the proclamation of the Trafficking in Persons Act. However, it was concerned about
discrimination against persons with disabilities, the poor treatment of suspects and
prisoners at the time of arrest and in custody and the legitimacy of child marriages.
64. Argentina commended the ratification of the Convention on the Rights of Persons
with Disabilities and encouraged Trinidad and Tobago to accede to the international human
rights treaties to which it was not yet a party. Argentina also took note of the State’s efforts
to combat gender violence and discrimination suffered by women and girls.
65. Australia commended the ratification of the Convention on the Rights of Persons
with Disabilities in 2015. However, persons with disabilities continued to face
discrimination. Australia also remained concerned that violence and discrimination against
lesbian, gay, bisexual, transgender and intersex persons had not been addressed through
legislative and policy instruments.
66. The Bahamas noted that Trinidad and Tobago had become the first Commonwealth
Caribbean State to submit a mid-term progress report for the universal periodic review and
commended the inclusive multi-stakeholder consultations that had formed part of the
process of drafting the State’s report. The Bahamas commended efforts to strengthen the
legal framework to protect children and the State’s gender equality initiatives, including the
development of tools for gender-sensitive budgeting and training programmes designed to
challenge gender stereotypes.
67. Barbados noted the adoption in 2013 of legislation on human trafficking and the
establishment of national agencies to combat that global issue; the adoption of the Children
Act, 2012, which had established a juvenile justice system; the ratification of the
Convention on the Rights of Persons with Disabilities; the decriminalization of defamation;
and the national policy on refugees and asylum seekers.
68. Botswana applauded the proclamation of a number of laws, including the
Trafficking in Persons Act and the Children Act, and welcomed the improved access to
justice and the introduction of electronic monitoring to relieve prison overcrowding.
However, there had been reports of abuses carried out by law enforcement officials,
including corruption, and reports of inequalities faced by women in all sectors of the
economy.
69. Canada was encouraged by the commitment shown by Trinidad and Tobago to
amending the Police Complaints Authority Act, in order to give that body more powers to
effectively investigate cases of serious misconduct, corruption and criminal offences
involving police officials. Canada encouraged the swift consideration by Parliament of new
provisions, as well as law enforcement training and public education initiatives, to ensure
effective implementation.
70. Chile welcomed the entry into force of the Trafficking in Persons Act, the
ratification of the Convention on the Rights of Persons with Disabilities and the
establishment of the national policy on refugees and asylum seekers. However, there were
concerns about the State’s retention of the death penalty in its legislation, discrimination
against lesbian, gay, bisexual, transgender and intersex persons, violence against women
and children and the early marriage of girls.
71. China appreciated the State’s efforts to strengthen its national human rights
institution, provide human rights education, combat human trafficking and domestic
violence in order to protect women, children and persons with disabilities and introduce
measures to improve prison conditions. China also welcomed the ratification of the
Convention on the Rights of Persons with Disabilities, the establishment of a national
committee to fight trafficking in persons and the State’s active cooperation with OHCHR
and United Nations treaty bodies and special procedure mandate holders.
72. Colombia welcomed the adoption of the national policy on refugees and asylum
seekers and the establishment of the Joint Select Committee on Human Rights, Diversity,
the Environment and Sustainable Development.
73. Cuba drew attention to the announcement made by Trinidad and Tobago in 2015 on
its attainment of universal early childhood care and education. Cuba also highlighted the
establishment of a drug treatment court, which provided an alternative to imprisonment for
drug offenders, in order to break the cycle of abuse, multiple arrests and recidivism.
74. Denmark commended Trinidad and Tobago for ratifying several of the core United
Nations human rights conventions and on submitting its latest report to the Committee on
the Elimination of Discrimination against Women in 2015. However, Denmark regretted
that the State had yet to ratify the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment and hoped that Trinidad and Tobago would become
one of the 159 States parties to that Convention.
75. Ecuador acknowledged the enactment of the Children Act, which covered issues
such as sexual abuse, cruelty, juvenile justice, corporal punishment, mandatory school age,
evidence and proceedings in criminal cases and child labour. Ecuador also commended the
amendments to the Regional Health Authorities Act, the construction of new medical
facilities and the adoption of a new regulation on emergency medical staff and services.
76. France welcomed the delegation of Trinidad and Tobago and made
recommendations.
77. Georgia commended the ratification of the Convention on the Rights of Persons with
Disabilities and the adoption of the comprehensive Trafficking in Persons Act and Children
Act. Georgia welcomed the submission of a mid-term implementation report on the
recommendations accepted during the previous universal periodic review, and encouraged
Trinidad and Tobago to continue that practice.
78. Germany welcomed the fact that no executions had been carried out since 1999, but
noted with concern that there appeared to be continued support for retaining the death
penalty. Germany remained worried that provisions criminalizing and discriminating
against lesbian, gay, bisexual, transgender and intersex persons were still in effect.
Germany indicated that more action was needed to safeguard children against sexual and
other physical abuse.
79. The head of the delegation of Trinidad and Tobago thanked States for their
comments and recommendations. The delegation stressed that Trinidad and Tobago had
been implementing measures to meet the obligations arising from its national laws and from
international human rights mechanisms.
80. Reference was made to previous responses on the subject of police mistreatment,
prison conditions, gender equality, the death penalty, early marriage, vulnerable groups,
such as lesbian, gay, bisexual, transgender and intersex persons, the ratification of the
Convention against Torture and the Rome Statute of the International Criminal Court.
81. The delegation welcomed the willingness of countries such as Denmark to speak
about exchanging best practices, noting that it was one of the purposes of the peer review
for all States.
82. Ghana commended Trinidad and Tobago for the progress achieved since its previous
review in 2011, including the enactment of the Trafficking in Persons Act.
83. Guatemala acknowledged the progress that Trinidad and Tobago had achieved on
the basis of the voluntary commitments made during the universal periodic review process,
as well as its work on combating corruption, promoting the rights of the child and gender
equality, eliminating all forms of discrimination and ensuring citizens’ security.
84. Honduras commended the ratification of the Convention on the Rights of Persons
with Disabilities, the approval of the national policy on refugees and asylum seekers and
the establishment of the Joint Select Committee on Human Rights, Diversity, the
Environment and Sustainable Development.
85. Indonesia welcomed the entry into force of the Trafficking in Persons Act, the
revision of the Children Act and the ratification of the Convention on the Rights of Persons
with Disabilities. Indonesia commended the juvenile justice reforms designed to promote
rehabilitative and restorative justice and the amendments to the Miscellaneous Provisions
(Prisons) Act to improve living conditions in prisons and detention centres. Indonesia also
welcomed the review of the draft immigration policy.
86. Italy noted positively the measures aimed at providing better protection for children
and combating trafficking in persons. It also welcomed the State’s commitment to
promoting economic, social and cultural rights and, in particular, the results achieved with
regard to the right to education.
87. Jamaica noted the multi-stakeholder review of the draft immigration policy carried
out by Trinidad and Tobago and was confident that the review, guided by the best interests
of the people, would take into account regional and international commitments and best
practices.
88. Kenya noted that the State’s engagement with the Human Rights Council and the
steps it had taken at the national level had enabled the country to make valuable
contributions to the work of the Council and implement core human rights treaties and
protect human rights, despite the challenges and constraints involved.
89. Malaysia noted that action had been taken to curb crime and violence and to
improve the efficiency of the administration of justice, in order to ensure the prompt
consideration of court cases. Although significant progress had been made, Malaysia was of
the view that there was room for improvement in several areas.
90. Maldives welcomed the introduction of the Children Act, 2012, to protect children
against sexual abuse, and the enactment of the Administration of Justice Act, 2012. The
Maldives noted the baby care assistance initiative, which provided financial assistance for
any child born to underprivileged parents during the course of the fiscal year.
91. Mexico encouraged Trinidad and Tobago to harmonize its national regulatory
framework with the standards contained in the Convention on the Rights of Persons with
Disabilities. Mexico welcomed the legislative and policy measures taken to strengthen the
child protection system and urged the Government to establish mechanisms to monitor and
ensure their effective implementation, in order to safeguard the safety of minors.
92. Mongolia noted that violence against women and human trafficking remained issues
of concern in Trinidad and Tobago, and noted the State’s efforts to combat such criminal
activity through the proclamation in 2013 of the Trafficking in Persons Act, 2011.
93. Montenegro noted concerns expressed by the Committee on Economic, Social and
Cultural Rights and asked Trinidad and Tobago to elaborate on its possible intention to
amend the Equal Opportunity Act, 2000, to afford protection to individuals on the grounds
of sexual orientation and gender identity and to indicate whether a definition of
discrimination against women had been incorporated into the draft national policy.
94. Morocco welcomed the attention paid by the State to: the fight against crime and
violence in society; the situation of refugees and asylum seekers; the rights of workers and
employers, including the right to work of persons with disabilities; the adoption of national
laws protecting children against sexual violence; and measures to facilitate access to
affordable housing.
95. Brazil appreciated that Trinidad and Tobago had de facto abolished the death
penalty, and encouraged the State to take concrete steps to formally abolish capital and
corporal punishment.
96. Costa Rica was concerned about the functioning and effectiveness of the national
commission for constitutional reform and reports regarding the prevalence of human
trafficking, domestic violence, sexual violence and gender-based violence.
97. Egypt commended: the enactment of the Trafficking in Persons Act; the ratification
of the Convention on the Rights of Persons with Disabilities and the establishment of an
interministerial committee to monitor the implementation of the Convention; the enactment
of the Children Act; and the initiatives taken by the Ministry of National Security to further
ensure the security of the people of Trinidad and Tobago by fighting crime and violence.
98. In conclusion, the delegation of Trinidad and Tobago thanked all delegations for
their contributions to the interactive dialogue. The State mentioned the ratification of the
Convention on the Rights of Persons with Disabilities and the process of drafting
legislation to give legal effect to the provisions of the Convention at the national level.
99. Regarding the Paris Principles, Trinidad and Tobago indicated that a workshop had
taken place in consultation with the Commonwealth Secretariat.
100. The delegation appreciated the positive comments made on the Trafficking in
Persons Act and the efforts undertaken in that field.
101. The delegation referred to the ratification of the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families and the
need for consultation with the Government on that issue. The issue of cooperation and
multilateralism within the framework of the human rights treaties was raised, in reference
to a comment made by Jamaica.
102. The delegation informed Costa Rica that Trinidad and Tobago had ratified the Arms
Trade Treaty at an early stage, and was currently in the process of finalizing its
implementation. By ratifying the Arms Trade Treaty, the State had also committed to
tackling gender-based violence, because the Treaty addressed that issue in relation to the
transfer of arms.
103. The delegation spoke about inclusiveness and noted that the State’s report had been
drafted in a transparent manner, involving dialogue among various ministries and with
other agencies and civil society.
104. In Trinidad and Tobago, the issue of human rights and how to safeguard and protect
them concerned everybody. Nevertheless, the Government had the right to set the
legislative agenda to ensure that laws were passed and that administrative mechanisms were
in place to safeguard the human rights of all citizens, taking into account the increasing role
of civil society.
105. Trinidad and Tobago commended all the delegations that had contributed to the
interactive dialogue and highlighted its ongoing efforts to give effect to section 4 of the
Constitution and the bill of rights of Trinidad and Tobago.
II. Conclusions and/or recommendations
106. The recommendations listed below enjoy the support of Trinidad and Tobago:
106.1 Maintain the tempo to reform the constitution and conclude this
important reform as it will consolidate and enhance the legal framework for
protection and promotion of human rights (Kenya);
106.2 Continue efforts to harmonize national legislation with international
human rights norms (Morocco);
** The conclusions and recommendations have not been edited.
106.3 Develop and implement a National Action Plan for Human Rights to
further ensure systematic and comprehensive approach for the promotion and
protection of human rights, with the full engagement of civil society
(Indonesia);
106.4 Foster a better understanding of the needs of young people and
establish guidelines for their development (Cuba);
106.5 Develop and implement a national awareness raising campaign on
human rights (Maldives);
106.6 Continue to develop training programmes in the field of human
rights for law enforcement officials (Egypt);
106.7 Submit overdue reports to the relevant treaty bodies (Sierra Leone);
106.8 Take steps to submit overdue reports to treaty bodies (Ghana);
106.9 Avail itself of technical assistance from OHCHR towards
implementation of its obligations under international laws and treaties
(Maldives);
106.10 Continue legislative review and reform to address any instances of
discrimination against women in national law (Bahamas);
106.11 Continue to promote the rights of vulnerable groups, especially
women, children and persons with disabilities (Senegal);
106.12 Continue its significant efforts to promote gender equality, in
particular the implementation of the Draft National Gender Policy as well as
the proper enforcement of the existing legal frameworks (Norway);
106.13 Continue to promote women’s empowerment (Pakistan);
106.14 Develop more equitable strategies to achieve gender equality on the
basis of the assessment or examination of the different needs, constraints,
opportunities and priorities of men and women (Cuba);
106.15 Implement gender equality by establishing same wages for same jobs
for men and women (Algeria);
106.16 Continue efforts to eliminate discrimination against women to allow
for equal access to the labour market (Morocco);
106.17 Increase its collaboration with regional and hemispheric partners to
address high levels of violence and organised crime (Jamaica);
106.18 Establish an authority that will investigate and recommend action
against abuses by law enforcers as a way to curb corruption, violations and
protect the integrity of the security forces (Botswana);
106.19 Enact comprehensive prison and related judicial reform to ensure
that conditions of detention are in conformity with the United Nations
Standard Minimum Rules for the Treatment of Prisoners, including but not
limited to: addressing overcrowding and sanitary issues in prisons; providing
sufficient resources for rehabilitation and reintegration of prisoners; and
relieving the judicial backlog that has contributed to the detention of over 2,000
people in remand awaiting a trial, many who have been in custody for several
years (Canada);
106.20 Take all necessary measures to solve the problem of prison
overcrowding and to improve detention conditions, including by providing
sufficient resources to the body responsible for investigating allegations of
torture and ill-treatment and ensuring its independence (France);
106.21 Strengthen plans and policies to eradicate violence against women
(Paraguay);
106.22 Prioritise measures to significantly reduce gender-based violence
including violence against women and girls (Jamaica);
106.23 Establish appropriate coordination mechanisms that can ensure an
effective multisectoral response to cases of sexual and domestic violence
(Guatemala);
106.24 Take steps to strengthen policies aimed at addressing gender-based
violence, domestic violence, sexual harassment, rape and child sexual abuse
(Ghana);
106.25 Pursue efforts to strengthen legislation and public policies aimed at
eradicating violence against women (Ecuador);
106.26 Establish an adequate mechanism to ensure an effective response to
sexual and domestic violence (Turkey);
106.27 Develop a coordinated, inter-agency approach for responding to
gender-based violence, with support from international partners, as required
(Bahamas);
106.28 Approve the national gender policy and put it into practice in order
to guarantee, inter alia, the effective implementation of the Domestic Violence
Act, the establishment of appropriate and effective coordination mechanisms to
ensure effective multisectoral response to sexual and domestic violence and
sexual harassment in the workplace and in public life, as well as the explicit
prohibition of discrimination against women (Honduras);
106.29 Ensure adequate follow up to the review of the Domestic Violence Act
conducted in 2014-2015 in order to strengthen measures to prevent and combat
all forms of discrimination and violence against women, and consider adopting
a national action plan to this end (Italy);
106.30 Strengthen the response to various forms of violence against woman
and take appropriate measures in order to ensure gender equality in the labor
market (Egypt);
106.31 Continue its efforts in the fight against violence and discrimination
against women, and ensure the effective implementation of existing legislation,
particularly legislation on the minimum legal age of marriage (France);
106.32 Strengthen efforts to prevent and eradicate forced marriage of
children and adolescents (Chile);
106.33 Partner with existing independent human rights organizations to
monitor and evaluate government interventions that combat domestic violence
(United States of America);
106.34 Fully implement the Domestic Violence Act and develop a
comprehensive policy to raise awareness of and prevent domestic violence
(Germany);
106.35 Develop statistics and indicators on gender-based violence in order to
design and implement public policies in an effective manner (Mexico);
106.36 Ensure that rape is diligently prosecuted as a grievous sexual assault
(Slovenia);
106.37 Enact laws and policies to combat the problem of sexual harassment
in the workplace and in public life (Guatemala);
106.38 Put in place a system to support victims of sexual and gender-based
violence (Spain);
106.39 Strengthen and expand policies, protections and programs
addressing gender-based violence and sexual exploitation of children, provide
targeted training to law enforcement, and ensure survivors are protected and
have access to medical and legal services (Canada);
106.40 Take immediate and long term actions to eliminate discrimination
and violence against women, narrow the gender gap in economic and social
settings, and undertake public campaigns against gender-based violence
(Malaysia);
106.41 Ensure proper investigation of child abuse (Germany);
106.42 Introduce more rigorous anti-trafficking laws to better protect
women and girls (Sierra Leone);
106.43 Provide adequate funding and human resources for its anti-human
trafficking programs (Philippines);
106.44 Strengthen existing policies to combat human trafficking (Spain);
106.45 Improve efforts to address human trafficking by strengthening
procedures for identifying victims of trafficking (Turkey);
106.46 Continue to take steps to strengthen the protection for and assistance
to victims, and to prosecute perpetrators, by ensuring the full implementation
of the Trafficking in Persons Act (Singapore);
106.47 Ensure that victims of trafficking are provided with the opportunity
to seek asylum and enjoy the corresponding rights and services, to strengthen
the effort to protect and assist victims of trafficking (Uganda);
106.48 Continue efforts to strengthen the system for combatting trafficking
in persons and establish a response mechanism to provide assistance to victims
of this crime (Mexico);
106.49 Continue to strengthen national efforts to address the phenomenon of
trafficking in human beings (Egypt);
106.50 Provide increased support to the family as the dominant and only
natural environment suitable for raising children, to ensure adequate
protection (Uganda);
106.51 Step up efforts to facilitate the participation of women in political and
public affairs and to combat stereotypes regarding the role of women
(Argentina);
106.52 Continue the efforts to reduce the unemployment rate, eradicate
poverty, and give priority to the protection and promotion of economic, social
and cultural rights of people (China);
106.53 Adopt a human rights based approach in the engagement with youth,
and increase the resources for youth development in urban and rural areas,
including by improving the access to and quality of education (Malaysia);
106.54 Continue progressing towards the eradication of poverty, through
implementing its successful social policies (Bolivarian Republic of Venezuela );
106.55 Strengthen measures on rural development (South Africa);
106.56 Continue national efforts to address the prevalence of HIV and AIDS
(South Africa);
106.57 Ensure the right to health of persons living with HIV/AIDS, through
the strengthening of inter-institutional coordination, the establishment of
programs to make available essential medicines, as well as strategies to address
the increased rate of infection by HIV and new infections among adolescents
and young women (Colombia);
106.58 Build state capacity to develop policy and programmatic responses to
address the needs of people living with HIV (Norway);
106.59 Implement the updated National Policy on Persons with Disabilities
(Maldives);
106.60 Review and revise domestic legislation and policies to reflect the
provisions and principles of the Convention on the Rights of Persons with
Disabilities (Australia);
106.61 Accelerate efforts to incorporate the Convention on the Rights of
Persons with Disabilities into national law (Bahamas);
106.62 Develop policy and legislation to promote, protect and fulfil the rights
of persons with disabilities (South Africa);
106.63 Develop policy and legislation in the area of protection of the rights of
persons with disabilities (Georgia);
106.64 Continue to implement the Convention on the Rights of Persons with
Disabilities (Pakistan);
106.65 Take all necessary legislative and policy measures to ensure that
persons with disabilities have appropriate employment opportunities and
children with disabilities have access to quality education (Singapore);
106.66 Take steps to review domestic legislation and policies to reflect the
provision and principles of the Convention on the Rights of Persons with
Disabilities and fully implement the updated National Policy of Persons with
Disabilities (Ghana);
106.67 Implement the legislation and policies to address all forms of
discrimination and disability (Kenya);
106.68 Elevate the socioeconomic situation for persons with disabilities
(Malaysia);
106.69 Develop public policies aimed at guaranteeing the rights of persons
with disabilities, mainly in education, professional development and
participation in social life on an equal footing (Mexico);
106.70 Effect the National Policy on refugee and Asylum Seekers matters the
Cabinet approved in 2014 (Kenya).
107. Trinidad and Tobago considers that the following recommendation is already
implemented:
107.1 Ratify and apply the Arms Trade Treaty (Costa Rica).
108. The following recommendations will be examined by Trinidad and Tobago,
which will provide responses in due time, but no later than the thirty-third session of
the Human Rights Council, in September 2016:
108.1 Ratify the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights (Italy);
108.2 Accede to the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment and its Optional Protocol, and the
International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families (Honduras);
108.3 Consider its accession to the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (Indonesia);
108.4 Ratify Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (Turkey) (Denmark) (France) (Ghana);
108.5 Continue expanding the legal framework for the promotion and
protection of human rights through the ratification of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
and the International Convention for the Protection of All Persons from
Enforced Disappearance as well as to consider taking steps towards the
abolishment of death penalty (Mongolia);
108.6 Ratify the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment and its Optional Protocol (Italy)
(Paraguay) (Uruguay);
108.7 Ratify and accede to the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, the International
Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families and the International Convention for the Protection
of All Persons from Enforced Disappearance (Sierra Leone);
108.8 Progress towards the ratification of the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (Chile);
108.9 Ratify the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment and its Optional Protocol; the Optional
Protocol to the Convention on the Rights of the Child on the involvement of
children in armed conflict; the Optional Protocol to the Convention on the
Rights of the Child on the sale of children, child prostitution and child
pornography; as well as the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families (Guatemala);
108.10 Ratify the Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment for the
establishment of a National Preventive Mechanism (Panama);
108.11 Ratify the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment and its Optional Protocol, as well as the
Optional Protocol to the International Covenant on Economic, Social and
Cultural Rights (Portugal);
108.12 Ratify the Optional Protocol to the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (United
Kingdom of Great Britain and Northern Ireland) (Costa Rica);
108.13 Sign the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment and its Optional Protocol, the
International Convention for the Protection of All Persons from Enforced
Disappearance, as well as the Optional Protocols to the Convention on the
Rights of the Child (Spain);
108.14 Consider, to the extent possible, acceding to the Optional Protocol to
the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography (Nicaragua);
108.15 Ratify the Optional Protocol to the Convention on the Rights of the
Child on the involvement of children in armed conflict (Switzerland);
108.16 Ratify the Optional Protocols to the Convention on the Rights of the
Child on the involvement of children in armed conflict and on the sale of
children, child prostitution and child pornography (Uruguay);
108.17 Take all necessary measures to combat violence against children and
ratify the Optional Protocols to the Convention on the Rights of the Child
(France);
108.18 Consider acceding to the International Convention on the Protection
of the Rights of All Migrant Workers and Their Families (Ecuador);
108.19 Consider its accession to the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their
Families (Indonesia);
108.20 Consider ratifying the International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families and the
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (Philippines);
108.21 Ratify the International Convention on the Rights of All Migrant
Workers and Members of Their Families (Algeria) (Ghana);
108.22 Ratify the International Convention for the Protection of All Persons
from Enforced Disappearance without making reservations and recognize the
competence of the Committee on Enforced Disappearances to receive and
consider communications (Panama);
108.23 Ratify the International Convention for the Protection of All Persons
from Enforced Disappearance (France) (Ghana);
108.24 Consider re-acceding to the American Convention on Human Rights
and accepting the contentions jurisdiction of the Inter-American Court of
Human Rights (Brazil);
108.25 Enact the bill on the International Covenant on Civil and Political
Rights, which lapsed in Parliament (Nigeria);
108.26 Consider establishing a National Human Rights Institution (NHRI) in
accordance with the Paris Principles (Republic of Korea);
108.27 Establish promptly a NHRI in full compliance with the Paris
Principles (A Status) (Portugal);
108.28 Establish NHRI in accordance with the Paris Principles (Senegal);
108.29 Establish an independent human rights institution that conforms
with the Paris Principles (Australia);
108.30 Set up a NHRI in accordance with the Paris Principles (Sierra
Leone);
108.31 Establish a NHRI under the Paris Principles to undertake and
oversee the further advancement of the human rights agenda (Barbados);
108.32 Take appropriate measures in the legislative sphere, including
allocations of financial resources with a view to strengthening the office of the
Ombudsman and bring it in line with the Paris Principles (Honduras);
108.33 Extend a standing invitation to the Council’s Special Procedures
(Portugal) (Republic of Korea) (Georgia);
108.34 Take steps to issue standing invitations to all special procedures
(Ghana);
108.35 Strengthen the cooperation with human rights mechanisms and
extend a standing invitation to the special procedures (Turkey);
108.36 Take into account the recommendations of the National Commission
for Equal Opportunities concerning the need to amend the Equal Opportunities
legislation so that it covers the elderly, persons living with HIV and
discrimination on the grounds of sexual orientation (Colombia);
108.37 Put into effect first cycle recommendations 87.23 and 88.50, and
develop policy and programmatic responses to the needs of lesbian, gay,
bisexual, transgender and intersex (LGBTI) persons (United States of
America);
108.38 Amend the Equal Opportunity Act to include sexual orientation and
gender identity as prohibited grounds for discrimination, as part of a proactive
strategy to promote respect for the dignity and rights of all individuals
(Canada);
108.39 Adopt legislation prohibiting discrimination on the grounds of sexual
orientation and gender identity, introducing also awareness-raising programs
that promote respect for sexual diversity (Chile);
108.40 Enact legislation prohibiting discrimination against LGBTI persons,
including removing laws criminalising same sex activity (Australia);
108.41 Repeal articles 13 and 16 of the Law on Sexual Offences of 1986,
penalizing sexual relations between consenting individuals of the same sex.
Despite the fact that laws criminalizing same sex activity are not enforced, a
formal withdrawal of the law is highly recommended (Netherlands);
108.42 Take steps to combat discrimination of LGBTI people in legislation
and practice, including decriminalisation of sexual activities between
consenting adults of the same sex (Norway);
108.43 Decriminalize sexual relations between consenting adults of the same
sex (Slovenia) (Spain);
108.44 Take additional measures as necessary to ensure the full enjoyment
of human rights by vulnerable groups that are suffering from discrimination,
such as LGBTI persons, including investigation and punishment of cases of
discrimination and repealing of laws that criminalize and stigmatize them
(Argentina);
108.45 Put an end to discrimination (particularly legal discrimination)
against LGBT persons and to criminalization of homosexuality (France);
108.46 Repeal all provisions that criminalize consensual same-sex
relationships or that discriminate against LGBTI persons (Germany);
108.47 Decriminalize homosexuality and combat all forms of discrimination
and abuse against LGBTI persons (Italy);
108.48 Decriminalize same sex relations including in the Sexual Offences Act
(Montenegro);
108.49 Take concrete measures with a view to decriminalizing consensual
same-sex relations and abolishing any discriminatory legislation against LGBTI
people, even if it is not applied in practice (Brazil);
108.50 Review the Children Act of 2012 in order to decriminalize consensual
sexual relations between minors of the same sex (Chile);
108.51 Adopt a three-tiered classification of murder that will provide
sentencing judges with the discretion to impose a sentence other than death and
thereby preclude its mandatory imposition (United Kingdom of Great Britain
and Northern Ireland);
108.52 Partner with appropriate international agencies to strengthen
national capacities to collect, process, and analyse relevant human rights
statistical information concerning police misconduct and prison conditions
(United States of America);
108.53 Set the universal minimum age for marriage to 18 years, in line with
the Civil Marriage Law (Norway);
108.54 Harmonize the minimum age for marriage, in accordance with the
provisions of the Convention on the Rights of the Child (Paraguay);
108.55 Harmonize all its relevant legislation relating to the age of marriage
and raise the age of marriage to 18 (Sierra Leone);
108.56 Raise the age of marriage to 18 for both boys and girls (Slovenia);
108.57 Raise the minimum age of marriage in the national legislation to align
it with the definition of a child in the Convention on the Rights of the Child
(Algeria);
108.58 Abolish child marriage by having a minimum age of marriage at 18
(Botswana);
108.59 Repeal the legislation that exempts spouses of minors from
prosecution for sexual offences against their spouse (Norway);
108.60 Repeal the right of parents to use corporal punishment (Slovenia);
108.61 Prohibit corporal punishment of children at home and in schools
(Honduras);
108.62 Take steps to decriminalise defamation (Ghana);
108.63 Design and implement the National Plan on Business and Human
Rights in line with the United Nations Guiding Principles on the matter
(Colombia);
108.64 Ensure comprehensive sexuality education, with a view to preventing
teen pregnancies and the spread of sexually transmitted infections, in
particular HIV (Slovenia);
108.65 Speed up the review of the draft Immigration policy (Nigeria);
108.66 Take measures to enact relevant regulatory legislation to provide
adequate attention to the migrant population and their human rights (Mexico);
108.67 Adopt national legislation that grants legal effect to the protection of
refugees and the respect for the principle of non-refoulement in accordance
with the relevant international instruments (Uruguay).
109. The recommendations below did not enjoy the support of Trinidad and Tobago
109.1 Withdraw the reservation to the first Optional Protocol to the
International Covenant on Civil and Political Rights and ratify, without
reservations, the Second Optional Protocol to the International Covenant on
Civil and Political Rights, aiming at the abolition of the death penalty
(Panama);
109.2 Accede to the Second Optional Protocol to the International
Covenant on Civil and Political Rights, aiming at the abolition of the death
penalty (Chile);
109.3 Abolish the death penalty and ratify the Second Optional Protocol to
the International Covenant on Civil and Political Rights, aiming at the abolition
of the death penalty(Uruguay);
109.4 Establish an official moratorium on executions and ratify the Second
Optional Protocol to the International Covenant on Civil and Political Rights,
aiming at the abolition of the death penalty, so as to bring the legislation into
conformity with the de facto situation (Netherlands);
109.5 Establish a formal moratorium on the death penalty and ratify the
Second Optional Protocol to the International Covenant on Civil and Political
Rights, aiming at the abolition of the death penalty, with a view to abolishing
death penalty both in practice and in law (Portugal);
109.6 Establish a formal moratorium on the death penalty with a view to
ratifying the Second Optional Protocol to the International Covenant on Civil
and Political Rights, aiming at the abolition of the death penalty (Australia);
109.7 Ratify the Second Optional Protocol to the International Covenant on
Civil and Political Rights, aiming at the abolition of the death penalty
(Montenegro);
109.8 Abolish by law the death penalty and ratify the Second Optional
Protocol to the International Covenant on Civil and Political Rights, aiming at
the abolition of the death penalty (France);
109.9 Take measures aimed at abolishing the death penalty (Paraguay);
109.10 Repeal the death penalty, as previously recommended (Canada);
109.11 Abolish the death penalty (Norway) (Honduras);
109.12 Consider taking steps towards the abolishment of death penalty
(Mongolia);
109.13 Consider taking all necessary steps to introduce a de jure
moratorium of capital executions with a view to fully abolish the death penalty
(Italy);
109.14 Encourage an informed debate among the population on the topic of
the death penalty and promote its de jure abolition (Switzerland);
109.15 Initiate a national discourse about the death penalty and establish an
official moratorium on executions with a view to abolishing the death penalty as
called for by the General Assembly resolution 69/186 (Germany);
109.16 Establish an official moratorium on the death penalty, with a view to
its full abolition (Slovenia);
109.17 Establish a de jure moratorium on the death penalty that could
ultimately lead to its suppression from legislation (Spain);
109.18 Continue with the steps already taken on the right to life, liberty and
security of the person and in particular to continue the moratorium on the
death penalty and work towards eliminating it (Kenya);
109.19 Abolish the death penalty and declare an official moratorium on all
executions as a well as repeal all provisions of national legislation that may
provide for the death penalty (Costa Rica).
110. All conclusions and/or recommendations contained in the present report reflect
the position of the submitting State(s) and/or the State under review. They should not
be construed as endorsed by the Working Group as a whole.
Annex
Composition of the delegation
The delegation of Trinidad and Tobago was headed by H.E. Eden Charles,
Ambassador Extraordinary and Plenipotentiary Chargé d’Affaires a.i. and Deputy
Permanent Representative Permanent Mission of the Republic of Trinidad and Tobago to
the United Nations, New York and composed of the following members:
• Mrs Anesa Ali-Rodriguez, Chargé d’Affaires, a.i., Permanent Mission of the
Republic of Trinidad and Tobago to the United Nations, Geneva
• Ms. Mariella Fonrose, Second Secretary, Permanent Mission of the Republic of
Trinidad and Tobago to the United Nations, Geneva
• Mr. Ian Rampersad, Director, International Law and Human Rights Unit, Ministry
of the Attorney General and Legal Affairs.