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Trinidad and Tobago: New government policies regarding racial discrimination and tension between the Afro-Trinidadian and Indo-Trinidadian communities; levels of ethnic or racial strife currently being experienced; whether protection is available in cases of racially-motivated attacks (January 2003 - November 2005)

According to some sources, racial tension between Afro-Trinidadians and Indo-Trinidadians is still a problem in Trinidad and Tobago (Country Reports 2004 28 Feb. 2005, Sec. 5; Caribbean Net News 7 Sept. 2004; Trinidad and Tobago Express 30 Aug. 2004; The Trinidad Guardian 22 Mar. 2004; CNN 2 Nov. 2005; CMC 10 Sept. 2004). However, other sources indicate that racial discrimination is perhaps not such a problem in the country (The Trinidad Guardian 30 Sept. 2004; Trinidad and Tobago Express 6 Oct. 2004; ibid. 7 Oct. 2004).

According to a report submitted by Mr. Doudou Diène, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, following his mission to Guyana and Trinidad and Tobago, "the Committee on the Elimination of Racial Discrimination did not accept the Government's assertion that there was no racial discrimination in Trinidad and Tobago. The Special Rapporteur found the issue of race relations in Trinidad and Tobago to be quite complex" (UN 8 Jan. 2004, Para. 47). The report indicated that Indo-Trinidadians are dominant in positions of economic power while Afro-Trinidadians tend to be more represented in politics and administration, and that "[t]he Special Rapporteur heard allegations of discrimination in schools" (ibid., Para. 48). In addition, this report stated that the Prime Minister was in the process of establishing "several committees on interracial relations among other topics, and an ethnic studies centre" (ibid., Para. 51).

However, conflicting information was found as to the existence of a centre for ethnic studies or any interracial relations committees in Trinidad and Tobago. One source indicated that "[t]he Centre for Ethnic Studies was established by Prime Minister Manning in 1992" (The Trinidad Guardian 5 June 2003). However, another article indicated that the government was re-establishing both the Committee on Race Relations and the Centre of Ethnic Studies (Trinidad and Tobago's Newsday 16 Aug. 2003). In a telephone interview, a representative of the Office of Graduate Studies and Research of the University of West Indies in St. Augustine stated that she was not aware of the existence of a centre for ethnic studies while a representative of the Center for Ethnic Studies fo the same university mentioned that such a centre used to be part of the Institute for Social Economic Research but that it no longer existed (Assistant Registrar 18 Nov. 2005; Representative 18 Nov. 2005).

The following information was provided by a professor at the Center for Gender and Development Studies at the University of West Indies in a telephone interview with the Research Directorate on 21 Nov. 2005. The professor stated that she was not aware of whether the Center for Ethnic Studies was still operating (Professor 21 Nov. 2005). With regards to the situation of racial tension between Afro-Trinidadians and Indo-Trinidadians, she stated that it "most definitely still exists" although not at the level experienced in Guyana (ibid.). She stated that Afro-Trinidadians are still overly represented in public service employment when compared to the number of Indo-Trinidadian employees and that recent kidnappings had been committed against individuals of Indian descent, as they are perceived as having more money (ibid.). The professor stated that it is not a situation in which the tension is palpable on a daily basis but that there is constant tension and that "there are real sources of tension that can lead to discrimination" (ibid.).

With regard to government policies, the professor stated that the Prime Minister had promised, when he came to power, to set up a relations committee but that the committee had never been established (ibid.). She did mention the President's Committee for National Self-Discovery, a social program with a mandate that includes achieving self-knowledge and racial harmonization (ibid.). She stated that this committee was not politically motivated (ibid.). She was not aware of any government policies or programs and stated that individuals who were subjected to racial discrimination could privately hire a lawyer to represent them but that there were no public avenues in that regard (ibid.). She stated that the government was not as willing to openly confront the issue of racial discrimination as other people within the community are (ibid.). Two newspapers corroborate the existence of the President's Committee for National Self-Discovery (Trinidad and Tobago's Newsday 22 Apr. 2004; The Trinidad Guardian 14 Sept. 2005), which was founded in 2003 (ibid.). According to The Trinidad Guardian, "[t]he committee was formed on August 12, 2003, to examine society's vision of itself, as well as the various ethnic groups' vision of one-another" (ibid.).

The Principles of Fairness is a movement that "outlines eight principles that are designed to provide guidance to citizens in their conduct towards each other as well as for those individuals and organizations responsible for the governance of Trinidad and Tobago" (University of West Indies 10 July 2005). It "was launched in 2004 by Ken Gordon, Arthur Lok Jack, Tajmool Hosein ... and Dr Bhoendradatt Tewarie" (The Trinidad Guardian 1 Aug. 2005; Trinicenter 5 Aug. 2005). The movement's objective is to "eradicat[e] racial discrimination throughout the country" (Trinidad and Tobago Express 7 May 2005). The Principles of Fairness were originally signed by 28 organizations (ibid.; The Trinidad Guardian 1 Oct. 2004; Trinicenter 5 Aug. 2005) and the number of signatories has grown to between 195 (University of the West Indies 21 Aug. 2005) and 200 (Trinidad and Tobago Express 7 May 2005).

The Equal Opportunity Act, 2000 is aimed at addressing discrimination in general (Trinidad and Tobago 20 Oct. 2000). It provides that

(...) a person ("the discriminator") discriminates against another person ("the aggrieved person") on the grounds of status if, by reason of -

(a) the status of the aggrieved person;

(b) a characteristic that appertains generally to persons of the status of the aggrieved person; or

(c) a characteristic that is generally imputed to persons of the status of the aggrieved person,

the discriminator treats the aggrieved person, in circumstances that are the same or are not materially different, less favourably than the discriminator treats another person of a different status (ibid., Sec. 5).

The definition of status includes race, ethnicity, origin, sex, religion, marital status and disability (ibid., Sec. 3). According to this legislation, a person cannot be discriminated against on the grounds of status with regard to employment, education, provision of goods and services and accommodation (ibid., Part III and Part IV). This act also establishes the Equal Opportunity Commission (ibid., Sec. 26) and the Equal Opportunity Tribunal (ibid., Sec. 41). However, according to the Trinidad & Tobago Express, by the latter half of 2004, neither the Commission nor the Tribunal had been established (31 Oct. 2004) and the International Labour Organization (ILO) stated that "the Equal Opportunity Act, No. 69 of 2000 was judged unconstitutional in May 2004. An appeal was filed against the decision" (July 2004, 12). Trinidad and Tobago's Newsday stated that "the Act has been in abeyance since its passage, because the Commission and the Tribunal needed for it to function have never been set up" (28 Mar. 2005). This assertion was corroborated in correspondence from the Office of the Ombudsman, which stated that "[a]lthough the Equal Opportunity Act provides for the establishment of a Commission and a Tribunal to deal with matters related to instances of discrimination, to date neither the Commission nor the Tribunal has been established" (Trinidad and Tobago 23 Nov. 2005).

In a telephone interview, a representative of the Office of the Ombudsman indicated that it does not take complaints regarding racial discrimination (ibid. 18 Nov. 2005a). However, in further correspondence, the Office of the Ombudsman indicated that it had "received complaints about discrimination in employment practices, some of which appear to have a racial connotation" (ibid. 23 Nov. 2005). According to its Website, the Office of the Ombudsman of Trinidad and Tobago is "[c]ommitted to ensuring the protection of the individual against bureaucratic injustice" (ibid. n.d.). Its mission is as follows:

1. To investigate complaints against Government departments, agencies and authorities.

2. To provide an impartial, informal and expeditious service to the public.

3. To educate the public as to their rights and duties in a free and democratic society vis-à-vis the responsibility and accountability of public officers.

4. To promote an effective and efficient public service that is responsive to the needs of the citizenry (ibid.).

An official of the Police Complaints Authority stated that they had never received complaints of racial discrimination (ibid. 18 Nov. 2005b).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Assistant Registrar, Office of Graduate Studies and Research, University of West Indies, St. Augustine. 18 November 2005. Telephone interview.

Cable News Network (CNN). 2 November 2005. "Diwali Sparks Racial Tension in Trinidad." <http://edition.cnn.com/2005/WORLD/americas/11/01/diwali.trinidad.ap/index.html> [Accessed 17 Nov. 2005]

Caribbean Media Corporation (CMC). 10 September 2004. "Trinidad: President Warns Worsening Race Relations Are Destroying the Country." <http://global.factiva.com/en/arch/print_results.asp> [Accessed 16 Nov. 2005]

Caribbean Net News. 7 September 2004. Marcia Braveboy. "Ethnic Mourning in Trinidad and Tobago." <http://www.caribbeannetnews.com/cgi-bin/GPrint2002.pl?file=2004/09/07/mourning.htm> [Accessed 17 Nov. 2005]

Country Reports on Human Rights Practices for 2004. 28 February 2005. United States Department of State. <http://www.state.gov/g/drl/rls/hrrpt/2004/41776.htm> [Accessed 16 Nov. 2005]

International Labour Organization (ILO). July 2004. "International Observatory of Labour Law." <http://www.ilo.org/public/english/dialogue/ifpdial/ll/observatory/profiles/tt.htm> [Accessed 21 Nov. 2005]

Professor, Center for Gender and Development Studies, University of West Indies, St. Augustine. 21 November 2005. Telephone interview.

Representative of the Center of Ethnic Studies, University of West Indies, St. Augustine. 18 November 2005. Telephone interview.

Trinicenter.com. 5 August 2005. Terry Joseph. "Principles of Principals." <http://www.trinicenter.com/Terryj/2005/Aug/05.htm> [Accessed 18 Nov. 2005]

Trinidad and Tobago. 23 November 2005. Office of the Ombudsman of Trinidad and Tobago. Correspondence from the Ombudsman.
_____. 18 November 2005a. Office of the Ombudsman of Trinidad and Tobago. Telephone interview with representative.
_____. 18 November 2005b. Telephone interview with the Secretary of the Police Complaints Authority of Trinidad and Tobago.
_____. 20 October 2000. Equal Opportunity Act, 2000. <http://www.ttparliament.org/bills/acts/2000/a2000-69.pdf> [Accessed 18 Nov. 2005]
_____. N.d. Office of the Ombudsman of Trinidad and Tobago. "Who We Are – Vision and Mission." <http://www.ombudsman.gov.tt/applicationloader.asp?app=articles&id=944> [5 Dec. 2005]

Trinidad and Tobago Express [Port of Spain]. 7 May 2005. Anna-Lisa Paul. "'Principles' Phase 2 Launched." <http://www.trinidadexpress.com/index.pl/article?id=76474906> [Accessed 16 Nov. 2005]
_____. 31 October 2004. Andy Johnson. "Embrace Gays, Lesbians ... Call for Action on Equality Law." <http://www.trinidadexpress.com/index.pl/print?id=44375644> [Accessed 21 Nov. 2005]
_____. 7 October 2004. "Other Side of Race Row." <http://www.trinidadexpress.com/index.pl/article_opinion?id=41549110> [Accessed 18 Nov. 2005]
_____. 6 October 2004. George John. "A Vision Distorted." <http://www.trinidadexpress.com/index.pl/article_opinion?id=41436565> [Accessed 18 Nov. 2005]
_____. 30 August 2004. Carolyn Kissoon. "UNC Laments Climate of 'Fear, Instability'." <http://www.trinidadexpress.com/index.pl/print?id=35688181> [Accessed 16 Nov. 2005]

Trinidad and Tobago's Newsday [Port of Spain]. 28 March 2005. "Rights of Homosexuals." <http://www.newsday.co.tt/stories.php?article_id=25380> [Accessed 22 Nov. 2005]
_____. 22 April 2004. Sean Douglas. "President: Keep Race Debate Public." <http://www.newsday.co.tt/stories.php?article_id=16136> [Accessed 21 Nov. 2005]
_____. 16 August 2003. Clint Chan Tack. "PM Manning: No Politics in Race Deliberations." <http://www.newsday.co.tt/stories.php?article_id=6858> [Accessed 18 Nov. 2005]

The Trinidad Guardian [Port of Spain]. 14 September 2005. Corey Connelly. "Draconian Measures Needed in Crime Fight: People's Freedom Curtailed – Ramchand." <http://www.guardian.co.tt/archives/2005-09-14/news1.html> [Accessed 21 Nov. 2005]
_____. 1 August 2005. "Fairness in Principle and in Practice." <http://www.guardian.co.tt/archives/2005-08-01/editorial.html> [Accessed 17 Nov. 2005]
_____. 1 October 2004. Gillian Lucky. "Are You Ready?" <http://www.guardian.co.tt/archives/2004-10-01/opinion.html> [Accessed 17 Nov. 2005]
_____. 30 September 2004. "Be Careful, Fairness Team." <http://www.guardian.co.tt/archives/2004-09-30/editorial.html> [Accessed 16 Nov. 2005]
_____. 22 March 2004. Leela Ramdeen. "Challenging Racism." <http://www.guardian.co.tt/archives/2004-03-22/LeelaRamdeen.html> [Accessed 16 Nov. 2005]
_____. 5 June 2003. Dr. Morgan O. Job."The Polarisation Problem." <http://www.guardian.co.tt/archives/2003-06-07/morgan-job.html> [Accessed 17 Nov. 2005]

United Nations (UN). 8 January 2004. Economic and Social Council. Racism, Racial Discrimination, Xenophobia and All Forms of Discrimination. (E/CN.4/2004/18/Add.1). <http://www.unhchr.ch/huridocda/huridoca.nsf/0/EA5E4E3803879AE9C1256E61003C2C0D/$File/G0410124.doc?OpenElement> [Accessed 16 Nov. 2005]

The University of West Indies at St. Augustine, Trinidad. 21 August 2005. "Action Plan from the Principles of Fairness Conference." <http://www.uwi.tt/uwitoday/2005/august/actplan.asp> [Accessed 17 Nov. 2005]
_____. 10 July 2005. "Conference on Principles of Fairness." <http://www.uwi.tt/uwiToday/2005/July/pofconf.asp> [Accessed 17 Nov. 2005]

Additional Sources Consulted

Oral Sources: The Centre d'études ethniques des universités montréalaises (CEETUM) was unable to provide information.

Internet sites, including: Amnesty International, Ananova, Caribbeannewspapers.com, CaribPlanet.com, The Economist, European Country of Origin Information Network, Freedom House, Government of Trinidad and Tobago, Human Rights Watch, International Herald Tribune, Inter Press Service, Latin American Regional Report, San Diego State University, Trinidad Today, United Nations Committee on the Elimination of Racial Discrimination, United States Committee for Refugees, World News Connection.