Saturday, 10 September 2011
Human Trafficking in Trinidad and Tobago
After watching the video for my favourite song for Carnival 2K12, Shurwayne Winchester's "Wine", I am disappointed that he saw the need to use the serious issue of trafficking in his video intro, albeit in jest. And on top of that, the Trinidad and Tobago flag seen at 0:42 is UPSIDE DOWN! Seriously, Shurwayne?
Anyway, because there are ZERO laws on human trafficking in a country that is seen as a transit point from South America, I am going to copy the latest report by the United Nations High Commissioner for Refugees' (UNCHR):
2011 Trafficking in Persons Report - Trinidad and Tobago
Trinidad and Tobago (Tier 2)
Trinidad and Tobago is a destination, source, and transit country for adults and children subjected to sex trafficking and adults subjected to forced labor. Some women and girls from South America and the Dominican Republic are subjected to sex trafficking in Trinbagonian brothels and clubs. Trinbagonian teenagers enticed into providing sex acts for shelter or material goods by local men are a high risk group for sex trafficking. Economic migrants from the region and from Asia may be vulnerable to forced labor. Some companies operating in Trinidad and Tobago reportedly hold the passports of foreign employees, a common indicator of human trafficking, until departure. Trafficking victims from Trinidad and Tobago have in the past been identified in the United Kingdom and the United States. As a hub for regional travel, Trinidad and Tobago also is a potential transit point for trafficking victims traveling to Caribbean and South American destinations.
The Government of Trinidad and Tobago does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. The government demonstrated some progress during the reporting period, most notably by formalizing and implementing victim identification procedures, training numerous officials, and identifying more potential victims. Legislation that would criminalize all forms of human trafficking and provide extensive protections to trafficking victims was introduced to parliament in April 2011. The absence of such legislation and related policies or laws on victim protection, however, limited the government's ability to prosecute trafficking offenders and provide comprehensive assistance for trafficking victims during the reporting period.
Recommendations for Trinidad and Tobago:
Enact draft legislation that prohibits all forms of human trafficking and includes victim protection measures; encourage victims' assistance in the investigation and prosecution of trafficking offenses, including by offering legal alternatives to foreign victims' removal to countries in which they would face retribution or hardship and by ensuring that identified victims are not inappropriately incarcerated, fined, or otherwise penalized solely for unlawful acts committed as a direct result of being trafficked; vigorously investigate and prosecute trafficking offenses, and convict and sentence trafficking offenders; implement a national public awareness campaign in multiple languages that addresses all forms of trafficking, including forced domestic service and other forms of forced labor.
Prosecution
The government made limited progress in its prosecution and punishment of sex and labor trafficking offenders during the reporting period. The lack of comprehensive legislation that would make human trafficking a crime and would ensure protection of trafficking victims was a significant limitation in the government's ability to prosecute trafficking offenders and address human trafficking in Trinidad and Tobago. Nevertheless, the government's anti-trafficking task force, which was established in November 2009, drafted comprehensive legislation during the year that reportedly criminalizes all forms of trafficking and provides for victim protection; the legislation progressed to final stages of executive branch review before introduction to Parliament. Debate on the legislation began on April 8, 2011. The government claimed to have investigated trafficking offences during the reporting period, but did not provide the number of investigations, nor did it provide data on any prosecutions, convictions, or sentences of trafficking offenders or any officials guilty of trafficking complicity under any statute. In partnership with IOM, the government co-funded a series of trainings for over 100 government officials, including police, immigration authorities, school guidance counselors, and labor inspectors, in responding to human trafficking.
Protection
The government made progress in victim protection during the reporting period. It reportedly identified at least two potential sex trafficking victims during the reporting period; this is an improvement over the lack of any victims identified during the previous year. An NGO reportedly identified at least five additional sex trafficking victims during the reporting period. The government's trafficking task force developed a formal system to identify trafficking victims, which officials used on an ad hoc basis between June and October 2010 and then consistently since October. It is now part of the standard operating procedure for all brothel raids. The Ministry of Labor reported it has hired translators to assist during labor inspections at job sites where there are Chinese laborers to better screen for unfair labor practices and human trafficking. During the reporting period, the government provided shelter and protection for at least one victim. The government offered human trafficking victims some social services directly and through NGOs that received government funding, but there was no specific budget dedicated toward trafficking victim protection.
Trinbagonian authorities encouraged crime victims in general to assist with the investigation and prosecution of offenders, though without legislation prohibiting human trafficking or providing formal protections for trafficking victims, few incentives existed for trafficking victims to assist in practice. During the reporting period, at least five victims reportedly were detained for immigration violations and deported.
Prevention
The government made some progress in the prevention of human trafficking during the reporting period. On occasion throughout 2010, both the newly elected prime minister and the new minister of national security spoke out publicly to raise awareness about human trafficking. An NGO that received government funding launched a human trafficking awareness day in March 2011 that involved a national teaching campaign for NGOs, government officials, and the general public, and explicitly addressed the demand for commercial sex acts. The government anti-trafficking task force included four NGO members, met monthly throughout the reporting period, and made final recommendations to the cabinet in October 2010 regarding legislative reform, government training, and public awareness. The government has no formal system for monitoring its anti-trafficking efforts. The government has dedicated a number for a future trafficking hotline, but the number is not yet functional. NGOs that operate existing hotlines with government funding for child abuse and domestic violence have participated in trafficking awareness training. Authorities did not consider child sex tourism to be a problem in Trinidad and Tobago during the reporting period and reported no cases of it identified, investigated, or prosecuted.
Can you believe that we are this backward? This report is VERY shocking. I honestly believed that we were at a more advanced stage than this. Despite this, Trinidad and Tobago has not made ANY effort to rectify the deficiencies.
Monday, 22 August 2011
State of Emergency: Trinidad and Tobago
Q: What are the laws regarding the SoE in Trinbago?
A: Our Prime Minister, Mrs. Kamla Persad-Bissessar announced a State of Emergency in Trinidad and Tobago on 21 August 2011 at 8PM. The laws relating to the SoE are enshrined in The Constitution of the Republic of Trinidad and Tobago. However, my personal view is that this SoE did not meet the requirements set out in Section 8(2) for it to be declared.
PART III
Exceptions for Emergencies
7. (1) Without prejudice to the power of Parliament to make provision in the premise. but subject to this section, where any period of public emergency exists, the President may, due regard being had to the circumstances of any situation likely to arise or exist during such period, make regulations for the purpose of dealing with that situation and issue orders and instructions for the purpose of the exercise of any powers conferred on him or any other person by any Act referred to in subsection (3) or instrument made under this section or any such Act.
(2) Without prejudice to the generality of subsection (1), regulations made under that subsection may, subject to section 11, make provision for the detention of persons.
(3) An Act that is passed during a period of public emergency and is expressly declared to have effect only during that period or any regulations made under subsection (1) shall have effect even though inconsistent with sections 4 and 5 except in so far as its provisions may be shown not to be reasonably justifiable for the purpose of dealing with the situation that exists during that period.
Period of public emergency.
8. (1) Subject to this section, for the purposes of this Chapter, the President may from time to time make a Proclamation declaring that a state of public emergency exists.
(2) A Proclamation made by the President under subsection (1) shall not be effective unless it contains a declaration that the President is satisfied-
(a) that a public emergency has arisen as a result of the imminence of a state of war between Trinidad and Tobago and a foreign State;
(b) that a public emergency has arisen as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence or of infectious disease, or other calamity whether similar to the foregoing or not; or
(c) that action has been taken, or is immediately threatened. by any person, of such a nature and on so extensive a scale, as to be likely to endanger the public safety or to deprive the community or any substantial portion of the community of supplies or services essential to life.
Grounds for, And initial duration of Proclamation.
9. (1) Within three days of the making of the Proclamation, the President shall deliver to the Speaker for presentation to the House of Representatives a statement setting out the specific grounds on which the decision to declare the existence of a state of public emergency was based, and a date shall be fixed for a debate on this statement as soon as practicable but in any event not later than fifteen days from the date of the Proclamation.
(2) A Proclamation made by the President for the purposes of and in accordance with section 8 shall, unless previously revoked, remain in force for fifteen days.
Extension of Proclamation
10. (1) Before its expiration the Proclamation may be extended from time to time by resolution supported by a simple majority vote of the House of Representatives, so however that no extension exceeds three months and the extensions do not in the aggregate exceed six months. (2) The Proclamation may be further extended from time to time for not more than three months at any one time, by a resolution passed by both Houses of Parliament and supported by the votes of not less than three-fifths of all the members of each House.
(3) The Proclamation may be revoked at any time by a resolution supported by a simple majority vote of the House of Representatives.
(4) In this Chapter, "period of public emergency" means any period during which-
(a) Trinidad and Tobago is engaged in any war; or
(b) there is in force a Proclamation by the President declaring that a state of public emergency exists; or
(c) there is in force a resolution of both Houses of Parliament supported by the votes of not less than two thirds of all the members of each House declaring that democratic institutions in Trinidad and Tobago are threatened by subversion.
Detention of Persons.
11. (1) Where any person who is lawfully detained by virtue only of such an Act or regulations as is referred to in section 7 so requests at any time during the period of that detention and thereafter not earlier than six months after he last made such a request during that period, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among the persons entitled to practise in Trinidad and Tobago as barristers or solicitors.
(2) On any review by a tribunal in pursuance of subsection (1) of the case of any detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by whom it was ordered but, unless otherwise provided by law, that authority shall not be obliged to act in accordance with such recommendations.
A: Our Prime Minister, Mrs. Kamla Persad-Bissessar announced a State of Emergency in Trinidad and Tobago on 21 August 2011 at 8PM. The laws relating to the SoE are enshrined in The Constitution of the Republic of Trinidad and Tobago. However, my personal view is that this SoE did not meet the requirements set out in Section 8(2) for it to be declared.
PART III
Exceptions for Emergencies
7. (1) Without prejudice to the power of Parliament to make provision in the premise. but subject to this section, where any period of public emergency exists, the President may, due regard being had to the circumstances of any situation likely to arise or exist during such period, make regulations for the purpose of dealing with that situation and issue orders and instructions for the purpose of the exercise of any powers conferred on him or any other person by any Act referred to in subsection (3) or instrument made under this section or any such Act.
(2) Without prejudice to the generality of subsection (1), regulations made under that subsection may, subject to section 11, make provision for the detention of persons.
(3) An Act that is passed during a period of public emergency and is expressly declared to have effect only during that period or any regulations made under subsection (1) shall have effect even though inconsistent with sections 4 and 5 except in so far as its provisions may be shown not to be reasonably justifiable for the purpose of dealing with the situation that exists during that period.
Period of public emergency.
8. (1) Subject to this section, for the purposes of this Chapter, the President may from time to time make a Proclamation declaring that a state of public emergency exists.
(2) A Proclamation made by the President under subsection (1) shall not be effective unless it contains a declaration that the President is satisfied-
(a) that a public emergency has arisen as a result of the imminence of a state of war between Trinidad and Tobago and a foreign State;
(b) that a public emergency has arisen as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence or of infectious disease, or other calamity whether similar to the foregoing or not; or
(c) that action has been taken, or is immediately threatened. by any person, of such a nature and on so extensive a scale, as to be likely to endanger the public safety or to deprive the community or any substantial portion of the community of supplies or services essential to life.
Grounds for, And initial duration of Proclamation.
9. (1) Within three days of the making of the Proclamation, the President shall deliver to the Speaker for presentation to the House of Representatives a statement setting out the specific grounds on which the decision to declare the existence of a state of public emergency was based, and a date shall be fixed for a debate on this statement as soon as practicable but in any event not later than fifteen days from the date of the Proclamation.
(2) A Proclamation made by the President for the purposes of and in accordance with section 8 shall, unless previously revoked, remain in force for fifteen days.
Extension of Proclamation
10. (1) Before its expiration the Proclamation may be extended from time to time by resolution supported by a simple majority vote of the House of Representatives, so however that no extension exceeds three months and the extensions do not in the aggregate exceed six months. (2) The Proclamation may be further extended from time to time for not more than three months at any one time, by a resolution passed by both Houses of Parliament and supported by the votes of not less than three-fifths of all the members of each House.
(3) The Proclamation may be revoked at any time by a resolution supported by a simple majority vote of the House of Representatives.
(4) In this Chapter, "period of public emergency" means any period during which-
(a) Trinidad and Tobago is engaged in any war; or
(b) there is in force a Proclamation by the President declaring that a state of public emergency exists; or
(c) there is in force a resolution of both Houses of Parliament supported by the votes of not less than two thirds of all the members of each House declaring that democratic institutions in Trinidad and Tobago are threatened by subversion.
Detention of Persons.
11. (1) Where any person who is lawfully detained by virtue only of such an Act or regulations as is referred to in section 7 so requests at any time during the period of that detention and thereafter not earlier than six months after he last made such a request during that period, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among the persons entitled to practise in Trinidad and Tobago as barristers or solicitors.
(2) On any review by a tribunal in pursuance of subsection (1) of the case of any detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by whom it was ordered but, unless otherwise provided by law, that authority shall not be obliged to act in accordance with such recommendations.
Sunday, 17 July 2011
T&T Freedom of Information
Q: I am doing some research and I have been having difficulty getting the information and co-operation from government Ministries, what can I do?
A: With all the corruption that goes on in Trinidad & Tobago, I am not surprised by your difficulty, but thankfully, we have rights!
The Freedom of Information Act - Chapter 22:02 is "An Act to give members of the public a general right (with exceptions) of access to official documents of public authorities and for matters related thereto.
Section 3, states:
3. (1) The object of this Act is to extend the right of
members of the public to access to information in the possession
of public authorities by—
(a) making available to the public information about the operations of public authorities and, in particular, ensuring that the authorisations,policies, rules and practices affecting members of the public in their dealings with public authorities are readily available to persons affected by those authorisations, policies, rules
and practices; and
(b) creating a general right of access to information in documentary form in the possession of public authorities limited only by exceptions and exemptions necessary for the protection of essential public interests and the private and business affairs
of persons in respect of whom information is collected and held by public authorities.
Section 13 gives guidelines on how to go about requesting the information by using the form, which is located after section 42 of the Act.
Remember, there are certain types of information that cannot be released due to security reasons (Part IV of the Act), but otherwise, the information you need for your research should be easy to procure.
A: With all the corruption that goes on in Trinidad & Tobago, I am not surprised by your difficulty, but thankfully, we have rights!
The Freedom of Information Act - Chapter 22:02 is "An Act to give members of the public a general right (with exceptions) of access to official documents of public authorities and for matters related thereto.
Section 3, states:
3. (1) The object of this Act is to extend the right of
members of the public to access to information in the possession
of public authorities by—
(a) making available to the public information about the operations of public authorities and, in particular, ensuring that the authorisations,policies, rules and practices affecting members of the public in their dealings with public authorities are readily available to persons affected by those authorisations, policies, rules
and practices; and
(b) creating a general right of access to information in documentary form in the possession of public authorities limited only by exceptions and exemptions necessary for the protection of essential public interests and the private and business affairs
of persons in respect of whom information is collected and held by public authorities.
Section 13 gives guidelines on how to go about requesting the information by using the form, which is located after section 42 of the Act.
Remember, there are certain types of information that cannot be released due to security reasons (Part IV of the Act), but otherwise, the information you need for your research should be easy to procure.
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