Become a member
By Eleanor Joye Donaldson-Honeywell J
Judiciary of Trinidad and Tobago
High Court, Civil Division
Introduction
The human rights of refugees and other migrants is a subject of great significance as there is widespread media coverage of the difficulties faced by persons fleeing their home countries in seemingly increasing numbers in recent times. The opportunity to contribute to the IAWJ’s campaign, which focuses on this issue from a gender perspective, is appreciated. It is an issue of global relevance as all countries seek to balance the interests of migrants with their national interests.
Closer to home, the migration of peoples from far-flung geographic locations has been part of the history of Trinidad and Tobago for centuries. This history of migration includes those who came by force in the slave trade and indentureship systems that predated the current scourge of human trafficking which plagues many societies. Others came for voluntary reasons such as the desire to conquer new territories or seeking out new entrepreneurship possibilities, while there were also those who came to seek refuge from harsh economic pressures, religious persecution or life-threatening realities from prevailing political, social or climatic conditions.
The focus in this article will be on the more recent waves of migration to Trinidad and Tobago. After briefly providing some background information and statistics, it seeks to provide a glimpse into the human rights issues of concern raised by migrant women in our Courts. Thereafter, the article highlights some of the steps in progress to ensure that justice is dispensed effectively and fairly as it relates to those issues of concern to migrants.
New wave of Migrants/Refugees
There had been free movement between Trinidad and Tobago and its nearest neighbour Venezuela for centuries. The flow of Venezuelans entering Trinidad and Tobago increased exponentially over the past decade[1]. Statistics indicate that as of 2022 as many as 22,000 Venezuelan nationals had entered Trinidad and Tobago as asylum seekers[2].
However, many Venezuelans enter Trinidad and Tobago “irregularly through over 50 entry points and via risky sea voyages at the hands of human traffickers and smugglers. As such the total numbers are likely higher”[3].
This is a large number considering the small land space of 5130 sq. km[1] and 1,365,805 million population size of the country[2]. Many of these persons have not been categorised as refugees within the definition of Article 1 A(2) of The 1951 Refugee Convention and its 1967 Protocol [3]. However, the UNHCR plays a lead role in determination of refugee status for these persons. In partnership with a Roman Catholic NGO, called Living Water Community, the UNHCR registers persons as asylum seekers before determining their refugee status. Additionally, in 2019 the Government of Trinidad and Tobago conducted a registration programme which accounted for 16,500 Venezuelan persons who were permitted on a two-year renewable amnesty basis to remain and work. The Government extended the validity of registration through a re-registration of approximately 14,000 individuals in 2021[4].
Migrant women’s issues in the Courts
Women migrants’ interface with the justice system includes both the civil and criminal jurisdictions of the Courts. In the criminal jurisdiction, there are instances where women appear as the victims of human trafficking cases[5] and in some instances of violence that may be gender based: -
Human Trafficking -
In Trinidad and Tobago in 2020, there were six (6) recorded trafficking victims and thirty-four (34) in 2019. However, in 2022 the government of Trinidad and Tobago identified eighty (80) trafficking victims of which forty-six (46) were exploited in sex trafficking, two (2) were exploited in labour trafficking, and thirty-two (32) were for unspecified exploitation[1].
According to the data from The Counter-Trafficking Unit, as of September 2022, there were 41 identified victims of trafficking.
Gender-Based Violence (GBV) -
Gender-Based Violence refers to harmful acts directed at an individual based on their gender. It is rooted in gender inequality, the abuse of power and harmful norms. It is estimated that one in three women will experience sexual or physical violence in their lifetime. During displacement and times of crisis, the threat of GBV significantly increases for women and girls[2].
In 2021, the Trinidad and Tobago Police Service (TTPS) Gender-Based Violence Unit (GBVU) noted an increase in domestic violence reports from migrants[3]. This is reflected in media reports[4],[5]. On May 5, a Venezuelan woman, who came from Tucupita, arrived in Trinidad by boat seven days earlier, left behind her three young children to visit a male relative and was knifed to death at an apartment in Princes Town. Her estranged husband was charged with her murder[6].
In the civil jurisdiction, immigration cases are the matters in relation to which protection of the human rights of migrants most frequently arises as an issue of concern to women on their own behalf and in seeking to protect their family unit.
Some examples of decided cases on such matters are as follows:
Deportation –
In re CDVMT[7] in an application for Writ of Habeas Corpus Ad Subjiciendum. Between The Chief Immigration Officer v CDVMT [C.A. CIV.P.24/2021]
CDVMT, entered Trinidad and Tobago illegally. She was arrested and detained. On November 30, 2020, she filed a Constitutional Motion. She obtained an injunction restraining the Attorney-General from deporting her pending the determination of her constitutional motion. However, a deportation order was served on her, while in detention. In response, she filed a writ of habeas corpus. The Court of Appeal, in a decision that considered a range of issues, highlighted the fact that the fundamental human right of liberty of the subject had to be considered in relation to a migrant’s prospective deportation. The Court of Appeal determined, as did the trial judge, that in respect of the validity of deportation orders, as a matter of principle, an order which deprives an individual of a fundamental right should specify the grounds upon which it was made. The Trial Judge’s decision that the deportation order against CDVMT was unlawful was upheld for other reasons.
Detention/Protection of the family Unit –
RDCL[8] and anor v Commissioner of Police - Claim No. CV 2021-00001
Two Venezuelan women migrants sought protection of constitutionally protected rights to liberty of the person by challenging their detention in an application for judicial review. Their submissions, set out in the Judgment, provide insight into the constitutional, international treaty and policy-based underpinnings of their challenge. During the course of the proceedings, the respondents undertook to release the applicants. The proceedings continued and were determined by the Court not to have been procedurally viable. However, the issue of the right to family life arose as the detention resulted in separation of one of the migrants from her infant daughter. The Court observed that it was clear that the Respondents paid due care and attention to the interest of the child in being re-united with and cared for by her mother. The right to respect for family life was taken into account by the Respondents in undertaking not to deport and providing for the early release of the migrants.
Ongoing progressive outlook
JEITT Gender Equality Protocol for Judicial Officers[9] -
The Judicial Education Institute of Trinidad and Tobago has developed a protocol to guide Judges in ensuring gender sensitive procedural fairness in addressing matters before the Courts. The protocol includes a chapter [10] with guidelines on procedural fairness in human trafficking cases to honour human rights of victims and premises this on The Trafficking in Persons Act Chapter 12:10 (“the Trafficking in Persons Act”) which came into operation in January 2011. “Its stated purpose is “to give effect to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organised Crime and for matters connected therewith or incidental thereto.” Apart from our international treaty responsibilities, the Act accords with rights enshrined in our Constitution, for example, the right of the individual to liberty, security of the person, and to freedom of movement.”
Continuing Judicial Education –
The JEITT in partnership with other agencies including the UNHCR includes, as part of its programmes courses geared to sensitizing judicial officers to the gender related concerns of migrants before the Courts. One most recently, an online training programme, “International Protection of Refugees in Trinidad and Tobago” - 2nd & 3rd August 2021
Conclusion
There are many more important issues affecting women migrants in the Courts than those touched on in this article. The positive outlook to be noted is the commitment to address these issues in the Judicial System with sensitivity, procedural fairness and adherence to the rule of law. The IAWJ is commended for furthering this approach in the current campaign.
Bibliography
—— ‘2022 Interagency Participatory Assessment - Trinidad & Tobago | R4V’ (Home | R4V) <www.r4v.info/en/document/2022-interagency-participatory-assessment-trinidad-tobago> accessed 24 November 2022
—— ‘Convention and Protocol Relating to the Status of Refugees’ (UNHCR) <www.unhcr.org/3b66c2aa10> accessed 24 November 2022
—— ‘Gender-based Violence’ (UNHCR) <www.unhcr.org/gender-based-violence.html> accessed 24 November 2022
—— ‘Judiciary - Judicial Education Institute’ (The Judiciary of Trinidad and Tobago :) <www.ttlawcourts.org/jeibooks/bookdetails.php?20> accessed 24 November 2022
—— ‘Land area (sq. km) - Trinidad and Tobago | Data’ (World Bank Open Data | Data) <https://data.worldbank.org/indicator/AG.LND.TOTL.K2?locations=TT> accessed 24 November 2022
—— ‘Police: Increase in attacks against migrants’ (Trinidad Express Newspapers) <https://trinidadexpress.com/news/local/police-increase-in-attacks-against-migrants/article_2a634486-4e52-11ec-9a14-17fb4d8d765e.html> accessed 24 November 2022
—— ‘Population Statistics Trinidad and Tobago’ (Central Statistical Office) <https://cso.gov.tt/subjects/population-and-vital-statistics/population/> accessed 24 November 2022
—— (The Judiciary of Trinidad and Tobago :) <www.ttlawcourts.org/images/lawlibrary_domesticviolence/878-02-08-17-Exp-p.8.jpg> accessed 24 November 2022
—— ‘Trinidad and Tobago - United States Department of State’ (United States Department of State) <www.state.gov/reports/2022-trafficking-in-persons-report/trinidad-and-tobago/#:~:text=The%20government%20maintained%20limited%20protection,2020%20and%2034%20in%202019.> accessed 24 November 2022
—— ‘Venezuelan child lured to Trinidad disappears, as human trafficking arrests made’ (Trinidad Express Newspapers) <https://trinidadexpress.com/newsextra/venezuelan-child-lured-to-trinidad-disappears-as-human-trafficking-arrests-made/article_35c0cf26-8b6e-11eb-a6d8-1be75fc75c1c.html> accessed 24 November 2022
—— ‘Why the Caribbean is a dangerous escape for Venezuelans’ (The New Humanitarian) <www.thenewhumanitarian.org/news-feature/2021/4/28/venezuelans-look-to-a-dangerous-caribbean-escape-route> accessed 24 November 2022
Mohammed S, ‘Second Venezuelean Woman Murdered’ (Trinidad Express Newspaper, 8 June 2019) <https://trinidadexpress.com/news/local/second-venezuelan-woman-murdered/article_0d9525f2-8a02-11e9-b803-2f9d8e065b70.html> accessed 18 November 2022
Parsanlal N, ‘End gender-based violence: Through a migrant's eyes | Loop Trinidad & Tobago’ (Loop News, 29 September 2021) <https://tt.loopnews.com/content/end-gender-based-violence-through-migrants-eyes-568089> accessed 24 November 2022
[1] ‘Trinidad and Tobago - United States Department of State’ (United States Department of State) <www.state.gov/reports/2022-trafficking-in-persons-report/trinidad-and-tobago/#:~:text=The%20government%20maintained%20limited%20protection,2020%20and%2034%20in%202019.> accessed 21 November 2022.
[2] ‘Gender-based Violence’ (UNHCR) <www.unhcr.org/gender-based-violence.html> accessed 24 November 2022.
[3] ‘Police: Increase in attacks against migrants’ (Trinidad Express Newspapers) <https://trinidadexpress.com/news/local/police-increase-in-attacks-against-migrants/article_2a634486-4e52-11ec-9a14-17fb4d8d765e.html> accessed 24 November 2022.
[4] Nneka Parsanlal, ‘End gender-based violence: Through a migrant's eyes | Loop Trinidad & Tobago’ (Loop News, 29 September 2021) <https://tt.loopnews.com/content/end-gender-based-violence-through-migrants-eyes-568089> accessed 24 November 2022.
[5] (The Judiciary of Trinidad and Tobago :) <www.ttlawcourts.org/images/lawlibrary_domesticviolence/878-02-08-17-Exp-p.8.jpg> accessed 24 November 2022.
[6]Susan Mohammed, ‘Second Venezuelean Woman Murdered’ (Trinidad Express Newspaper, 8 June 2019) <https://trinidadexpress.com/news/local/second-venezuelan-woman-murdered/article_0d9525f2-8a02-11e9-b803-2f9d8e065b70.html> accessed 18 November 2022.
[7] Migrant’s name anonymized to protect her privacy for purposes of this article.
[8] Migrant’s name anonymized to protect her privacy for purposes of this article.
[9] ‘Judiciary - Judicial Education Institute’ (The Judiciary of Trinidad and Tobago :) <www.ttlawcourts.org/jeibooks/bookdetails.php?20> accessed 21 November 2022.
[10] Section 7 at page 95
[1] ‘Land area (sq. km) - Trinidad and Tobago | Data’ (World Bank Open Data | Data) <https://data.worldbank.org/indicator/AG.LND.TOTL.K2?locations=TT> accessed 19 November 2022.
[2] ‘Population Statistics Trinidad and Tobago’ (Central Statistical Office) <https://cso.gov.tt/subjects/population-and-vital-statistics/population/> accessed 21 November 2022.
[3] ‘Convention and Protocol Relating to the Status of Refugees’ (UNHCR) <www.unhcr.org/3b66c2aa10> accessed 20 November 2022.
[4] ‘2022 Interagency Participatory Assessment - Trinidad & Tobago | R4V’ (Home | R4V) <www.r4v.info/en/document/2022-interagency-participatory-assessment-trinidad-tobago> accessed 21 November 2022.
[5] ‘Venezuelan child lured to Trinidad disappears, as human trafficking arrests made’ (Trinidad Express Newspapers) <https://trinidadexpress.com/newsextra/venezuelan-child-lured-to-trinidad-disappears-as-human-trafficking-arrests-made/article_35c0cf26-8b6e-11eb-a6d8-1be75fc75c1c.html> accessed 20 November 2022.
[1] ‘Why the Caribbean is a dangerous escape for Venezuelans’ (The New Humanitarian) <www.thenewhumanitarian.org/news-feature/2021/4/28/venezuelans-look-to-a-dangerous-caribbean-escape-route> accessed 19 November 2022.
[2] ‘2022 Interagency Participatory Assessment - Trinidad & Tobago | R4V’ (Home | R4V) <www.r4v.info/en/document/2022-interagency-participatory-assessment-trinidad-tobago> accessed 19 November 2022.
[3] ‘2022 Interagency Participatory Assessment - Trinidad & Tobago | R4V’ (Home | R4V) <www.r4v.info/en/document/2022-interagency-participatory-assessment-trinidad-tobago> accessed 21 November 2022.