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Speaker:The Honourable Basdeo Panday, Prime Minister of the Republic of Trinidad and Tobago
Date: December 10, 1999
Venue: Central Bank Auditorium
Occasion: The Closing Ceremony of the Workshop on Human Rights Reporting
Ladies and Gentlemen:
It is my privilege to be part of this evening's proceedings to recognise Human Rights Day and also to close this Workshop on Human Rights Training.
It is important to remember that the opening words of the United Nations Charter did not only establish the priorities of purpose and of effort to which the people's of the United Nations stand pledged; they also reflect the indissoluble link between respect for human rights and human survival itself.
It was in recognition of this interdependence of human rights and world peace, that the United Nations took upon itself, as one of its earliest tasks, the formulation of mankind's first Universal Declaration of Human Rights as a common standard of achievement for all peoples and for all nations, large and small.
Human rights are based on mankind's increasing demand for a decent, civilised life in which the inherent dignity of each human being will receive respect and protection.
Human rights are fundamental to our nature; without them, we cannot live as human beings.
But there can be no human rights without human obligations and duties.
For my part, I have dedicated 30 years of my life to the fight for the rights of others, as a lawyer, a trade unionist and now as a politician.
My government has taken the issue of human rights seriously and continues to promote the enjoyment of both human rights both nationally and internationally.
The co-hosting of this Workshop is an example of the leading role that the Government has taken in the region in the promotion and protection of human rights.
An important obligation of the State is the submission of reports on developments in the field of human rights.
When we came to office, it was discovered that Human Rights reports from Trinidad and Tobago to the International Body had been delayed. Previous governments had made little, if any attempt at all, to comply with reporting obligations.
Human rights conventions had simply been entered into by previous governments without any consideration being given as to the obligations assumed by the State.
No mechanisms had been put in place to meet to meet these obligations and no resources were allocated to ensure compliance with the Convention's obligations.
The failure of past governments of Trinidad and Tobago to meet the reporting obligations under the international human rights agreements became a matter of concern by the International community.
The international community, and in particular, the non-governmental international human rights organisations, subjected the human rights record of Trinidad and Tobago to close scrutiny once the determination and commitment of the Government to implement the death penalty became apparent.
Attempts were made to have the death penalty considered a human rights issue.
It has been agreed that the death penalty is not a human rights issue.
It was important, therefore, for Trinidad and Tobago to comply as far as possible with its international treaty obligations in the field of human rights.
This workshop has presented its participants with the opportunity to compare the Inter-American System of human rights with the international system.
Participants have also been able to familiarize themselves, inter alia, with the international system of human rights protection and reporting; the structural and planning aspects required for the successful preparation and drafting of reports; the principle of "constructive dialogue" and the process of presentation and examination of reports and follow up activities and the need to identify and recognize the emerging role of the NGOs in the protection of human rights and in the preparation and drafting of national reports.
Trinidad and Tobago was instrumental in putting the International Criminal Court back on the international agenda.
This country was the second member of the international community and the first state within the hemisphere to ratify the Statute of the Court.
In March of this year the government co-hosted with 'No Peace Without Justice' an Inter-Governmental Conference aimed at promoting the ratification of the Rome Statute.
The Declaration of Port of Spain was signed at that time.
At this Conference CARICOM members mandated Trinidad and Tobago to represent the interest of the Caribbean Community at the United Nations Preparatory Committees for the International Criminal Court.
The Government of Trinidad and Tobago has since taken steps to draft model legislation to be used by CARICOM Members.
Even before the International Criminal Court comes in to being Trinidad and Tobago has again taken the lead role in passing legislation to implement the United Nations resolution in respect of prosecuting war crimes before the International Tribunals for Rwanda and the former Yugoslavia.
This legislation was passed notwithstanding the lack of the Opposition's support for it.
I simply cannot understand why the present Opposition in Parliament is against human rights.
Why they are against human rights, I do not know.
This Government is committed to strengthening and promoting human rights and promoting Trinidad and Tobago as an example to the world.
In July of this year the Freedom of Information Act was passed in Parliament.
This Act gives to an individual in Trinidad and Tobago a statutory and enforceable right to access information in the possession of the State and Public Authorities.
The Constitution (Amendment) Act was also passed this year. This Act enables Parliamentary Committees consisting of Government, Opposition and Independent members to monitor and scrutinize every activity of Ministries, Government Departments, Government Corporations, Statutory Authorities and other state enterprises.
This includes any allegation of corruption against any Minister or Ministry or any public servant.
These two Acts would promote openness and transparency in governance and in other State actions.
My Government secured the passage of these two pieces of legislation which strengthened the machinery for the protection and enjoyment by individuals of the human and fundamental rights of our people in spite of the lack of the Opposition's support and their voting against them in the Parliament.
My Government has also recognized that in a plural and diverse society there must be institutions to investigate and take action against inequality, and in particular allegations of racial discrimination, in societies such as ours.
The new South African regime had similar beliefs and took immediate steps to have equal opportunity legislation enacted.
My Government has at the present time before the Parliament a Bill to set up an Equal Opportunities Commission and an Equal Opportunities Tribunal.
The Equal Opportunities Bill seeks to prohibit discrimination and to promote equality of opportunity between persons of different sex, colour, race, origin, religion, marital status or ability.
The function of the Equal Opportunities Commission would be, among other things, to work towards the elimination of discrimination; to promote equality of opportunity and good relations between persons of different status generally; to receive, investigate and as far as possible, conciliate allegations of discrimination, and to award compensation to those who have been discriminated against.
The Equal opportunities Tribunal would act as an appeal mechanism in respect of applications by aggrieved persons.
My Government has recognized that the protection of human rights is not achieved merely by signing and ratifying International Conventions on human rights.
There must be mechanisms converting these rights into effective reality.
The accusation has been made against Trinidad and Tobago that previous governments had purported to show their human rights credentials by rushing to ratify international human rights agreements without giving thought as to how the obligations assumed under these agreements would be given effect.
Upon assuming office, my Government was faced with backlog of outstanding petitions and reports to both the United Nations Human Rights Committee and the Inter-American Commission on Human Rights.
For years petitions submitted by citizens of Trinidad and Tobago to these bodies had been ignored by the State.
Reporting obligations under the various conventions had either been ignored or compiled in a half-hearted manner. I am pleased to say that that situation is now history.
In July of this year the government of Trinidad and Tobago set up a Human Rights Unit within the Ministry of the Attorney General.
This Unit is responsible for the preparation of all reports as part of treaty obligations under the various international human rights agreements to which the State is party and to advise the government on the ratification of those international treaties not yet ratified by the State.
Further, the Unit is responsible for periodically reviewing reservations entered by Trinidad and Tobago to human rights treaties already ratified and to review the compatibility of our domestic law with international human rights obligations.
In August the Unit prepared and presented to the United Nations the Third and Fourth Periodic Reports of the Republic of Trinidad and Tobago on its compliance with the International Convention on Civil and Political Rights.
In fact, only last week was this report laid in the House of Representatives of the Parliament of Trinidad and Tobago.
The International Covenant on Civil and Political Rights entered into force in 1976. The Republic of Trinidad and Tobago ratified the covenant on the 1st December, 1978.
The third and Fourth Reports should have been submitted by the 20th March, 1990 and the 29th June, 1995 respectively. Reports that are now outstanding include: The International Covenant on Economic Social and Cultural Rights - Second Periodic Report - due 30th June, 1993; and The International Convention on the Elimination of all Forms of Racial Discriminion - Eleventh Periodic Report - due 3rd November, 1994.
The Human Rights Unit is now proceeding with the completion of these outstanding reports.
The International Covenant on Civil and Political Rights contains many of the rights and freedoms contained in our Constitution which we hold dear, namely, self determination; political freedom; freedom of speech, opinion, expression, association and religion; and the protection of the family against government interference.
The independence of the judiciary is guaranteed by the State and enshrined in the Constitution, all in keeping with the United Nations Basic principles on the Independence of the Judiciary.
The term of office of Judges, their security of tenure, remuneration, conditions of service, removal and pensions are all adequately secured by the Constitution and cannot be altered to their disadvantage.
My government's policy is that no arm of the State is above the law.
Therefore, the Executive, the Legislature and Judiciary must account to the people through Parliament for their administrative actions.
The separation of power between the three organs of government ensures that the judiciary, through the power of judicial review and the jurisdiction conferred under Section 14 of the Constitution, is able to check unconstitutional action by the executive and the legislative branches.
The domestic mechanism is therefore in place to ensure respect for fundamental rights and freedoms contained in the human rights conventions.
My government is not only committed to implementing our international obligations in respect of civil and political rights but we are also committed to the implementation of the Economic, Social and Cultural Rights.
In 1997 the United Nations Development Program Report rated Trinidad and Tobago favourably in "its continuing efforts to eradicate poverty".
The country is also rated highly for its fight against the drug trade and the government's vow to promote the rights of the individual to security and human development is clearly expressed in its legislative initiative.
My government's record in the implementation of Money Laundering and Confiscation of Assets laws is well known and our role in the promotion of international cooperation in the fight against the drug trade in recognized internationally.
My government has also taken steps to reform the laws of integrity in Public Life in order to promote higher standards of conduct in public life. A new Bill entitled Integrity in Public Life is now before the Parliament.
I wish to reaffirm the commitment of my government to securing and upholding human rights and ensure you that the backlog of outstanding reports is being tackled and that Trinidad and Tobago will enter the new Millennium up to date in its human rights reporting obligations.
I want to emphasise that all rights involve obligations and duties. It is my dream therefore, that human rights will enjoy equal importance as human duties.
Thank you. And May God bless you all.