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Trinidad and Tobago
Summary of Domestic Prohibition
Slavery and slave trade
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Practices similar to slavery
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Servitude
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Forced or compulsory labour
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Human trafficking
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Forced marriage
There appears to be no legislation in Trinidad and Tobago that addresses forced marriage.
Consent to marriage
Provisions requiring consent to marriage in Trinidad and Tobago are found in the Muslim Marriage Act 2017 and Orisa Marriage Act 2017, Article 6 (d) of muslim marriage and article 8(d) of Orisa marriage act states that the parties, understanding the nature of the contract, shall freely consent to marry one another.
Servile marriage
There appears to be no legislation in Trinidad and Tobago that prohibits servile matrimonial transactions.
Marriage trafficking
Provisions related to marriage trafficking in Trinidad and Tobago are found in the TRAFFICKING IN PERSONS ACT 2011, which prohibits trafficking for forced marriage at article 16,26 and 25 with a potential penalty to a fine of not less than five hundred thousand dollars and imprisonment of not less than fifteen years. Practices similar to slavery is defined under article 3 as “debt bondage, serfdom, forced or servile marriages and delivery of children for exploitation”.
Minimum age for marriage
The minimum age for marriage in Trinidad and Tobago is 18, without differentiation of gender, as set out on Article 23 of the 2017 Marriage Act. Where marriages are conducted involving a person below the minimum age, the marriage is void, as set out on Article 23 of the 2017 Marriage Act. Knowingly and wilfully solemnising the marriage of a person under 18 years is an offence under Article 41B of the 2017 Marriage Act, Article 27B of the 2017 Muslim Marriage Act, 23A of the 2017 Hindu Marriage Act and Article 32A of the Orisa Marriage Act, punishable with a potential penalty of imprisonment for seven years and a fine of fifty thousand dollars. There are no exceptions allowing marriage below this minimum age.
Region
Latin America and Caribbean
Regional Court
Not party to a court
Legal System
Common
International Instruments
International Obligations
- Slavery
- Servitude
- Institutions and Practices Similar to Slavery
- Forced Labour
- Human Trafficking
- Marriage Trafficking
Regional Organisations
- Commonwealth
- Caribbean Community
- Organisation of American States
Legislative Provisions
CONSTITUTION OF TRINIDAD AND TOBAGO 1976 (REV. 2007)
4. Recognition and declaration of rights and freedoms
It is hereby recognised and declared that in Trinidad and Tobago there have existed and shall continue to exist without discrimination by reason of race, origin, colour, religion or sex, the following fundamental human rights and freedoms, namely:—
a. the right of the individual to life, liberty, security of the person and enjoyment of property and the right not to be deprived thereof except by due process of law;
g. freedom of movement;
INTERNATIONAL CRIMINAL COURT ACT 2006
10. International Crimes
(1) Every person is liable on conviction on indictment to the penalty specified in subsection (3) who, in Trinidad and Tobago or elsewhere, commits a crime against humanity.
(2) For the purposes of this section, a “crime against humanity” means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(c) enslavement;
(g) rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation, or any other form of sexual violence of comparable gravity;
(3) The penalty for a crime against humanity is—
(a) if the offence involves the wilful killing of a person, the same as the penalty for murder; or
(b) in any other case, imprisonment for life or a lesser term.
TRAFFICKING IN PERSONS ACT 2011
OFFENCES AGAINST THE PERSON ACT
20. Not providing apprentices or servants with food, etc., whereby life endangered.
Any person legally liable, either as a master or mistress, to provide for an apprentice or servant, necessary food, clothing or lodging, who wilfully and without lawful excuse refuses or neglects to provide the same, or who unlawfully and maliciously does or causes to be done any bodily harm to any such apprentice or servant so that the life of the apprentice or servant is endangered, or the health of the apprentice or servant is or is likely to be permanently injured, is liable to imprisonment for five years.
54. Child stealing.
Any person who unlawfully, either by force or fraud, leads or takes away, or decoys or entices away or detains, any child under the age of ten years, with intent to deprive any parent or guardian, or other person having the lawful care or charge of the child, of the possession of the child, or with intent to steal any article upon or about the person of the child, to whomsoever the article may belong, and any person who with any such intent, receives or harbours any such child, knowing the same to have been, by force or fraud, led, taken, decoyed, enticed away, or detained as mentioned in this section is liable to imprisonment for five years; but no person who claims to be the father of, or to have any right of possession of, an illegitimate child is liable to be prosecuted by virtue hereof on account of the getting possession of that child, or taking that child out of the possession of the mother or any other person having the lawful charge thereof.
KIDNAPPING ACT 2003
3. Kidnapping for ransom
(1) A person who, for ransom, reward, or for any similar consideration unlawfully leads, takes, entices away, abducts, seizes or detains any person without his consent or with his consent obtained by fraud or duress and without lawful excuse such that the person(hereinafter in this Act referred to as the “kidnapped person”) is held, confined, restricted, imprisoned or prevented from returning to his normal place of abode or sent or taken out of Trinidad and Tobago, commits an offence and is liable to imprisonment for not less than twenty-five years.
(2) A person under the age of sixteen years is deemed incapable of consenting to being led, taken, enticed away, abducted, seized, detained, held, confined, restrained or imprisoned.
CHILDREN (AMENDMENT) ACT, 2000 PARENTAL RIGHTS
Second schedule
Part B
Every person in Trinidad and Tobago who is a parent of a child, or who acts in loco parentis, has responsibilities under the law in respect of the parenting function including but not limited to—
7. the responsibility to protect the child from unlawful physical violence and all forms of physical or emotional abuse, neglect or negligenttreatment, maltreatment or exploitation, including sexual abuse, while in the parent’s care;
9. the responsibility to ensure that the child under 12 is not engaged in labour.
Part C
Every person under the age of 18, born in Trinidad and Tobago, or born to, or adopted by, parents who are citizens of Trinidad and Tobago is a child and is subject to care and protection under the law including but not limited to—
12. the right not to have to work at anything that is dangerous or that will interfere with education;
INDUSTRIAL RELATIONS ACT
TRAFFICKING IN PERSONS ACT 2011
3. Interpretation
In this Act unless the context otherwise requires—
…
“exploitation” includes—
(a) keeping a person in a state of slavery;
(b) subjecting a person to practices similar to slavery;
(c) compelling or causing a person to provide forced labour or services;
(d) the illicit removal of human organs;
(e) keeping a person in a state of servitude including domestic and sexual servitude;
(f) child pornography;
(g) the exploitation of the prostitution of another;
(h) engaging in any other form of commercial sexual exploitation, including, but not limited to, pimping, pandering, procuring, profiting from prostitution and maintaining a brothel;
(i) causing a person to transport illegal items within or across borders; and (j) deriving a benefit through the abuse of another person;
…
“practices similar to slavery” includes debt bondage, serfdom, forced or servile marriages and delivery of children for exploitation;
…
16. Trafficking in persons
A person who, for the purpose of exploitation—
(a) recruits, transports, transfers, harbours or receives persons into or within Trinidad and Tobago;
(b) recruits, transports or transfers persons from Trinidad and Tobago to another jurisdiction;
(c) receives persons from Trinidad and Tobago into another jurisdiction; or
(d) harbours persons from Trinidad and Tobago in another jurisdiction, by means of—
(i) threats or the use of force or other forms of coercion;
(ii) abduction;
(iii) fraud or deception;
(iv) the abuse of power or the abuse of a position of vulnerability; or
(v) the giving or receiving of payment or benefits to achieve the consent of a person having control over another person,
commits the offence of trafficking in persons and is liable on conviction on indictment, to a fine of not less than five hundred thousand dollars and imprisonment of not less than fifteen years.
17. Inciting, organising or directing another person to traffic in persons
A person who, for the purpose of exploitation, incites, organises or directs another person to—
(a) recruit, transport, transfer, harbour or receive persons into or within Trinidad and Tobago;
(b) recruit, transport or transfer persons from Trinidad and Tobago to another jurisdiction;
(c) receive persons from Trinidad and Tobago into another jurisdiction; or
(d) harbour persons from Trinidad and Tobago in another jurisdiction, by means of—
(i) threats or the use of force or other forms of coercion;
(ii) abduction;
(iii) fraud or deception;
(iv) the abuse of power or the abuse of a position of vulnerability; or
(v) the giving or receiving of payment or benefits to achieve the consent of a person having control over another person,
commits the offence of trafficking in persons and is liable on conviction on indictment, to a fine of not less than five hundred thousand dollars and imprisonment of not less than fifteen years.
18. Trafficking in children
(1) A person who—
(a) recruits, transports, transfers or receives a child into or within Trinidad and Tobago;
(b) harbours a child in Trinidad and Tobago; or
(c) recruits, transports or transfers a child from Trinidad and Tobago to another jurisdiction, for the purpose of exploitation, commits the offence of trafficking in children and is liable on conviction on indictment to a fine of not less than one million dollars and imprisonment for not less than twenty years.
(2) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation is sufficient to establish the offence of trafficking in children.
19. Inciting, organising or directing another person to traffic in children
A person who, for the purpose of exploitation, incites, organises or directs another person to—
(a) recruit, transport, transfer, harbour or receive a child into or within Trinidad and Tobago; or
(b) recruit, transport or transfer a child from Trinidad and Tobago to another jurisdiction, commits the offence of trafficking in children and is liable on conviction on indictment, to a fine of not less than one million dollars and imprisonment of not less than twenty years.
25. Knowingly receiving financial benefit from trafficking in persons
A person who receives or obtains a financial or other benefit, knowing that it results from the offence of trafficking in persons commits an offence and is liable on conviction on indictment to a fine of four hundred thousand dollars and to imprisonment for fifteen years.
26. Knowingly receiving financial benefit from trafficking in children
A person who receives or obtains a financial or other benefit, knowing that it results from the offence of trafficking in children commits an offence and is liable on conviction on indictment to a fine of five hundred thousand dollars and to imprisonment for twenty years.
Trinidad and Tobago Trafficking in Persons Law 2011 – English (PDF)
MARRIAGE ACT (AMENDED MISCELLANEOUS ACT 2017)
21. (1) Before the Minister’s authority is granted the following conditions shall be complied with:
(a) the resident party must have given notice of the intended marriage in the manner provided by section 13 to the District Registrar of the district within which he has previously resided for not less than seven days next preceding the date of such notice;
(b) not less than seven days but not more than five months must have elapsed since the entry of the notice referred to in paragraph (a);
(c) the resident party must have made application to the Minister for his authority not later than five months after the entry of the notice referred to in paragraph (a);
(d) the resident party must have paid to the officer appointed by the Minister to receive the same the sum of one hundred dollars for the issue of the Minister’s authority.
(2) The application to the Minister shall state—
(a) the given names and surnames of both parties, their respective profession, occupation and place of residence;
(b) whether the parties or either of them have or has been previously married;
(c) that no impediment of kindred or alliance or other lawful cause to prevent the proposed marriage is known to the applicant;
(d) that the resident party has resided in the district in which the notice referred to in subsection
(l)(a) has been given, for not less than seven days next preceding the date of the notice;
(e) where either of the parties, not being a widower or widow, is under the age of eighteen years, that the consent of the person or persons whose consent to the marriage is required under this Act has been obtained.
(3) The application referred to in subsection 1(c) shall be signed by the resident party and shall be accompanied by a statutory declaration made by him before the Registrar of Marriages in the form set out in Schedule I.
23. (1) The age at which a person is capable of contracting a marriage is eighteen years.
(2) A marriage shall not be solemnised by a Marriage Officer or District Registrar if either of the parties to the marriage is under eighteen years of age.
(3) Where a marriage is contracted by proxy, the parties on whose behalf the proxy is contracting shall be in compliance with subsection (1).
(4) Nothing in subsection (1) affects the validity of a marriage solemnised before the commencement of the Miscellaneous Provisions (Marriage) Act, 2017, and any such marriage is valid or becomes valid in any case where, if the Act had not come into force, it would be, or would have become valid.
25. Any person who may know of any just cause why the marriage should not take place, may, on payment of twenty-five dollars enter a caveat against the issue of a District Registrar’s or Marriage Officer’s certificate in the following manner:
(a) if the marriage is intended to be solemnised under the authority of a District Registrar’s certificate, the person shall, at any time before the issue of the certificate, write the word “Forbidden” opposite to the entry of the notice in the Marriage Notice Book, and append thereto his name and place of abode, and the grounds upon which he claims to forbid the marriage;
(b) if the marriage is intended to be solemnised under the authority of a Marriage Officer’s certificate, the person shall give notice in writing to the person publishing the banns that he forbids the marriage, and append to such notice his name and place of abode, and the grounds upon which he claims to forbid the marriage. The person Power of Judge to dispense with consent publishing the banns, if he is not the Marriage Officer, shall forthwith forward such notice to the Marriage Officer and the Marriage Officer shall record in the Marriage Banns Book the fact and date of the receipt of the notice forbidding the marriage.
No District Registrar or Marriage Officer shall issue his certificate until such caveat has been removed in the manner provided below.
37. Every person who knowingly and wilfully forges or alters or falsely makes or procures to be forged or altered or falsely made, or shall offer, utter, or dispose of, knowing the same to have been forged or altered or falsely made, any register book or any notice, licence, certificate, entry, or statement mentioned in this Act, or any certified copy thereof respectively, or wilfully inserts or causes to be inserted in any register book or certified copy thereof any false entry or marriage, or wilfully gives any false certificate, or certifies any writing to be a copy or extract of any register book, knowing the same to be false in any part thereof, or forges or counterfeits the seal of the Registrar General commits an offence and is liable on conviction on indictment to a fine of fifty thousand dollars and to imprisonment for seven years.
MUSLIM MARRIAGE AND DIVORCE ACT 1961 (AMENDED MISCELLANEOUS ACT 2017)
6. The requisites of a valid Muslim marriage under this Act are—
(a) that each of the parties belongs to and professes the Muslim faith or religion;
(b) that each of the parties shall, as regards age, mental capacity and otherwise, be capable of contracting marriage;
(c) that the parties shall not by reason of anything contained in the Islamic law relating to marriage be prohibited from marrying one another;
(d) that the parties, understanding the nature of the contract, shall freely consent to marry one another;
(e) that the marriage shall be contracted before a marriage officer;
(f) that the marriage shall be registered in accordance with the provisions of this Act.
8.
(1) The age at which a person, being a member of the Muslim community, is capable of contracting a marriage is eighteen years.
(2) A marriage shall not be solemnised by a Marriage Officer if either of the parties to the marriage is under eighteen years of age.
(3) Where a marriage is contracted by proxy, the parties on whose behalf the proxy is contracting shall be in compliance with subsection (1).
(4) Nothing in subsection
(1) affects the validity of a marriage solemnised before the commencement of the Miscellaneous Provisions (Marriage) Act, 2017, and any such marriage is valid or becomes valid in any case where, if the Act had not come into force, it would be, or would have become valid.
27. Any person who unlawfully and maliciously destroys or damages, or causes to be destroyed or damaged, any Register or any notice, certificate, entry or statement mentioned in this Act, or any certified copy thereof respectively commits an offence and is liable on conviction on indictment to a fine of fifty thousand dollars and to imprisonment for seven years.
27B. (1) A person who knowingly and wilfully solemnises the marriage of a person who is under eighteen years of age commits an offence and is liable on conviction on indictment to a fine of fifty thousand dollars and to imprisonment for seven years.
(2) A person who is convicted under subsection (1) shall cease to be eligible to hold a licence or to solemnise any marriage.
(3) The Registrar General shall publish a notice of the names of persons who are no longer entitled to hold a licence in the Gazette.
(4) A notice published under subsection (3) shall take effect on publication.”.
HINDU MARRIAGE ACT 1945 (AMENDED MISCELLANEOUS ACT 2017)
9. The requisites of a valid Hindu marriage under this Act are—
(a) that each of the parties shall belong to and profess the Hindu faith or religion;
(b) that both parties shall, as regards age, mental capacity and otherwise, be capable of contracting marriage;
(c) that the parties shall not be within the prohibited degrees of consanguinity and affinity according to the Hindu law relating to marriage;
(d) that the marriage shall be solemnised by a Marriage Officer in accordance with the rites of the Hindu religion and with the provisions of this Act;
(e) that the parties understanding the nature of the contract, shall freely consent to marry one another in the presence of the Marriage Officer who solemnises the marriage and shall sign or mark the certificate drawn up by the said officer in accordance with section 13;
(f) that the marriages shall be registered in accordance with this Act.
11.
1) The age at which a person, being a member of the Hindu faith or religion, is capable of contracting a marriage is eighteen years of age.
(2) A marriage shall not be solemnised by a Marriage Officer if either of the parties to the marriage is under eighteen years of age.
(3) Where a marriage is contracted by proxy, the parties on whose behalf the proxy is contracting shall be in compliance with subsection (1).
(4) Nothing in subsection (1) affects the validity of a marriage solemnised before the commencement of the Miscellaneous Provisions (Marriage) Act, 2017, and any such marriage is valid or becomes valid in any case where, if the Act had not come into force, it would be or would have become valid.
20. Any person who knowingly and wilfully makes any false declaration, or signs or marks any false application, notice o certificate, required by this Act, for the purpose of the registration of any marriage, and any person who wilfully makes, or causes to be made, for the purpose of being inserted in any register of marriages any false statement touching any of the particulars required by this Act to be known and registered commits an offence and is liable on conviction on indictment to a fine of fifty thousand dollars and to imprisonment for seven years.
21. Any person who knowingly and wilfully forges or alters or falsely makes, or offers, utters or disposes of, knowing the same to have been forged or altered or falsely made, any register or any licence, certificate, declaration, entry or other statement mentioned in this Act, or any certified copy or translation thereof, respectively, or wilfully inserts in any such register or certified copy thereof any false entry of marriage, or certifies any writing to be a copy, a translation or an extract or any certificate or register, mentioned in this Act, knowing the same to be false in any part thereof, or forges or counterfeits the seal of the Registrar General commits an offence and is liable on conviction on indictment to a fine of fifty thousand dollars and to imprisonment for seven years
23A. (1) A person who knowingly and wilfully solemnises the marriage of a person who is under eighteen years of age commits an offence and is liable on conviction on indictment to a fine of fifty thousand dollars and to imprisonment for seven years.
(2) A person who is convicted under subsection (1) shall cease to be eligible to hold a licence or to solemnise any marriage.
(3) The Registrar General shall publish a notice of the names of persons who are no longer entitled to hold a licence in the Gazette.
(4) A notice published under subsection (3) shall take effect on publication.
24. No prosecution for any offence under this Act shall be commenced after the expiration of five years from the commission of the offence nor without the written consent of the Director of Public Prosecutions.
ORISA MARRIAGE ACT 1999
8. The requisites of a valid Orisa marriage under this Act are that—
(a) at least one of the parties shall belong to and profess the Orisa faith or religion;
(b) both parties shall, as regards age, mental capacity and otherwise, be capable of contracting a valid marriage;
(c) the parties shall not be within the prohibited degrees of consanguinity and affinity according to Form B of the Schedule;
(d) the parties understanding the nature of the contract, shall freely consent to marry one another in the presence of the Marriage Officer who solemnises the marriage.
9. (1) The age at which a person, being a member of the Orisa faith or religion, is capable of contracting a marriage is eighteen years.
(2) A marriage shall not be solemnised by a Marriage Officer if either of the parties to the marriage is under eighteen years of age.
(3) Where a marriage is contracted by proxy, the parties on whose behalf the proxy is contracting shall be in compliance with subsection (1).
(4) Nothing in subsection (1) affects the validity of a marriage solemnised before the commencement of the Miscellaneous Provisions (Marriage) Act, 2017, and any such marriage is valid or becomes valid in any case where, if the Act had not come into force, it would be or would have become valid
13. (1) Any person whose consent to a marriage is hereby required, or who may know of any just cause why the marriage should not take place, may on payment of the prescribed fee enter a caveat against the issue of a certificate by the District Registrar.
(2) A caveat may be entered at any time before the issue of the District Registrar’s certificate by—
(a) the writing of the word “Forbidden” opposite to the entry of the notice in the Marriage Notice
(b) the inclusion of a statement of the name, address and grounds upon which the caveat is lodged in the Marriage Notice Book.
(3) No District Registrar shall issue a certificate until any caveat has been removed in the manner prescribed in section 15.
27. Any person who knowingly and wilfully makes any false declaration or signs or marks any false application, notice or certificate, required by this Act, for the purpose of the registration of any marriage and any person who wilfully makes, or causes to be made, for the purpose of being inserted in any register of marriages any false statement with regard to any of the particulars required by this Act to be known and registered commits an offence and is liable on conviction on indictment to a fine of fifty thousand dollars and to imprisonment for seven years.
28. Any person who knowingly and wilfully forges or alters or falsely makes, or procures to be forged or altered or falsely made, or offers, utters or disposes of, knowing the same to have been forged or altered or falsely made, any register book or any notice, certificate, entry or statement mentioned in this Act, or any certified copy thereof respectively, or wilfully inserts or causes to be inserted in any register book or certified copy thereof any false entry of marriage or wilfully gives any false certificate, or certifies any writing to be a copy or extract of any register, knowing the same to be false in any part thereof, or forges or counterfeits the seal of the Registrar commits an offence and is liable on conviction on indictment to a fine of fifty thousand dollars and to imprisonment for seven years.
32A. (1) A person who knowingly and wilfully solemnises the marriage of a person who is under eighteen years of age commits an offence and is liable on conviction on indictment to a fine of fifty thousand dollars and to imprisonment for seven years.
(2) A person who is convicted under subsection (1) shall cease to be eligible to hold a licence or to solemnise any marriage.
(3) The Registrar General shall publish a notice of the names of persons who are no longer entitled to hold a licence in the Gazette.
(4) A notice published under subsection (3) shall take effect on publication.
33. No prosecution for any offence under this Act shall be commenced after the expiration of five years from the commission of the offence without the written consent of the Director of Public Prosecutions.