The following is the speech presented by Equal Opportunity Tribunal chairman Donna Prowell-Raphael on opening of the new law term last week.
As the Equal Opportunity Tribunal begins its 2025/2026 law term, we recognise not just a fresh start but a continuation of profound transformation. Over recent years, the tribunal has quietly reinvented itself not only in what we do but how we do it. For much of its existence, the tribunal has been an understated national asset, quietly holding vast potential despite limited resources. With a team of around 20 to 25 staff and a recurrent budget of approximately four million Trinidad and Tobago dollars, we have managed to deliver significant impact within these constraints.
Our greatest asset remains our people. I extend my deepest gratitude to the tribunal team for their resilience, loyalty, and dedication. I also pause to remember two cherished members we lost recently: Mr William Wallace and Ms Marisa Lewis. They are sorely missed.
Beyond constitutional equality
The tribunal was established under the Equal Opportunity Act (EOA), Chap 22:03. The EOA protects individuals against discrimination across public and private sectors based on race, ethnicity, religion, sex, marital status, disability, and origin, covering areas such as education, employment, accommodation, and services.
While the Constitution safeguards human rights regarding the State, it does not cover discrimination by private entities. The tribunal fills this critical gap by adjudicating complaints against private parties under the EOA, extending protections beyond constitutional reach. The EOA also guards against victimisation, retaliation, not only against complainants but also those supporting their discrimination claims. Uniquely, the tribunal hears complaints of certain offensive behaviours, historically classified as hate speech, involving public acts intended to incite discord based on race, gender, or religion.
From complaint to resolution
Complaints start at the Equal Opportunity Commission, which investigates and facilitates conciliation. Only unresolved complaints proceed to the tribunal, which acts as a superior court of record, hearing matters much like the High Court with clear procedural rules ensuring fairness and transparency.
The tribunal follows rules aligned with the Civil Proceedings Rules of the Supreme Court. The tribunal’s decisions are informed by regional and international jurisprudence, including rulings from the High Court, Court of Appeal, Caribbean Court of Justice, Privy Council, and other respected courts. Its decisions may be appealed to the Court of Appeal, ensuring a robust judicial framework.
Crisis to innovation
The tribunal has faced significant challenges with its physical office space, including poor air quality triggering health and safety issues and a prolonged power outage that severely limited operations from late 2020 to mid-2022. Since 2023, remote work has become the norm. This shift has driven us to adopt innovative solutions, including creating virtual workspaces in the ‘metaverse’. We have established dynamic digital environments that facilitate collaboration, communication, and file sharing, preserving a sense of community and continuity despite physical separation. Training supports staff through this transition, addressing the psychological adjustment to remote work.
Project Green Gavel: A new era
Historically, the tribunal relied on traditional, largely paper-based methods. Recognising the need to modernise, we launched Project Green Gavel in 2024, a strategic transformation aligning our capabilities with our mandate and vision. Central to this is a hybrid e-court system integrating advanced technology while maintaining in-person proceedings when necessary, ensuring accessibility and responsiveness. Customised digitalising of case management is another priority. Procurement is a work in progress and meanwhile, we continue to use retail software enabling electronic filings, digital record access, and virtual hearings, including streaming via YouTube.
Staff recruitment and training underpin Project Green Gavel. We have redesigned our organisational structure to meet hybrid court demands. Additional staffing will ease workloads and support cross-functional roles.
Honorary mentors
A vital pillar of our transformation is revisiting foundational frameworks. The EOA, enacted nearly 25 years ago, must evolve alongside global human rights developments. To support this, we have launched an Honorary Mentors Body. We are honoured to welcome the Honourable Justice Adrian Saunders, former president of the Caribbean Court of Justice, the Honourable Justice Rolston Nelson, former judge of the CCJ, and the Honourable Justice Allan Mendonca, retired Justice of Appeal, as our inaugural mentors.
Sustaining Momentum
Looking ahead, our transformation continues. This is more than technology or relocation, it is a new operational culture focused on flexibility, responsiveness, and meeting the needs of those we serve.
I extend sincere thanks to the many individuals and organisations supporting us, including the Office of the Attorney General, Ministry of Planning, ICT providers, the Judiciary, and mental health professionals. Your contributions are invaluable. It is with pride and hope that we commence the 2025/2026 law term.