I have no food to eat and no place to sleep

Every human being needs food and shelter to live. This is a simple fact that cannot be denied. But some people are denied these needs every day. The United Nations has recognised in Article 11 of the United Nations International Covenant on Economic, Social and Cultural Rights the right of everyone to “adequate food, clothing and housing and to the continuous improvement of living conditions.” A covenant at very least morally binds a state which is a party to it. Trinidad and Tobago has been a party since 1978. Therefore, everyone in this country should feel that they have these rights and should be able to have them enforced. With many of our citizens living below the poverty line questions arise as to what extent are we adhering to this obligation and can we achieve these rights for all our citizens.

Though many attempts are being made by successive governments, our citizens are not assured these rights. Many other countries have some form of assistance for the impoverished. In the United States there is an organised system of welfare and food stamps. Nothing as structured as that is found in Trinidad and Tobago. Public Assistance helps some of the differently-abled, but the able bodied, unemployed individual who cannot buy food or afford a place to live is virtually without any help. So, who should help these individuals? Many people say that the persons who need assistance bring their troubles on themselves and the Government ought not to do anything to help them. They should find jobs and stop complaining. This is simplistic. It is the Government’s job to ensure it fulfils its legal obligations under the International Covenant, as far as the resources of the nation will allow. The first step in this is by passing laws.

The Government has introduced many self-help and entrepreneurial policies because employment for all is the ultimate solution to this problem. However, it has is apparent that as these policies and programmes increase so too does poverty. What then is the solution to this inescapable poverty? Creating policies is a useful step but there is no mechanism to ensure that the people who most need help benefit from these programmes. Governments must monitor how and where money is being spent and find measurable ways to gauge improvement in the individual’s position. They must pinpoint the individuals in genuine need and not allow political factors to completely dictate who gets access to resources of the state. Educating people and the development of skills so they can learn how to support themselves is the key. Until that exists governments can throw as much money they like at the problem, but it will not go away.

Further right now there is no legislation to deal with reduction of poverty in a real way. Creating policies is not enough. Perhaps a constitutional amendment to give direct effect to this covenant should be made so that an individual may have redress if his/her right has been infringed. Otherwise, the Government can create policies that will, in reality, help only the few. The individual often has to turn to non-governmental organisations for food, clothes and shelter. These bodies do their best with their limited resources. However, it not enough and the magnitude of poverty is growing. One must concede that Trinidad and Tobago does have a welfare system superior to many in the English-speaking Caribbean.  Obviously it is not enough. So to whom can we turn next?

The United Nations has many Covenants that protect all types of rights. These other Covenants have established complaint mechanisms whereby an individual who has had his/her rights contravened by the Government may complain to the United Nations. It is interesting to note that no complaint mechanism exists to deal with the protection of the rights found in the International Covenant on Economic, Social and Cultural Rights. Perhaps it is because these rights are so difficult to protect. So, we must continue to rely on our State. The truth is there are people living without basic rights in Trinidad and Tobago. It seems as though all attempted solutions are not working. A comprehensive solution initiated by the Government is absolutely necessary if we want to be true to our international human rights obligations.

“This article was prepared for the Hugh Wooding Law School, Human Rights Law Clinic by a student of the Law School. Any opinions expressed are those of the writer and not necessarily of the Law School.”