2009 Country Reports on Human Rights Practices - Antigua and Barbuda
|Publisher||United States Department of State|
|Author||Bureau of Democracy, Human Rights and Labor|
|Publication Date||11 March 2010|
|Cite as||United States Department of State, 2009 Country Reports on Human Rights Practices - Antigua and Barbuda, 11 March 2010, available at: http://www.refworld.org/docid/4b9e5318c.html [accessed 29 May 2016]|
Bureau of Democracy, Human Rights, and Labor
March 11, 2010
Antigua and Barbuda is a multiparty, parliamentary democracy with a population of approximately 100,000. In parliamentary elections on March 12, which observers described as generally free and fair, the United Progressive Party (UPP) defeated the ruling Antigua Labour Party (ALP), and Baldwin Spencer was reelected as prime minister. Civilian authorities generally maintained effective control of the security forces.
While the government generally respected the human rights of its citizens, there were problems in a few areas, including excessive use of force by police, poor prison conditions, some limits on press freedom, societal discrimination and violence against women, and sexual abuse of children.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom From:
a. Arbitrary or Unlawful Deprivation of Life
There were no reports that the government or its agents committed arbitrary or unlawful killings.
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution specifically prohibits such practices, and the authorities generally respected these prohibitions in practice. Nonetheless, there were occasional reports of police brutality, corruption, excessive force, discrimination against persons on basis of sexual orientation or gender identity, and allegations of abuse by prison guards.
There were several incidents during the year involving foreign citizens in which excessive police force was used, as well as threats of violence while in police custody. Foreign embassies were not notified on a timely basis, and on occasion consular access was denied. In one case six tourists from a cruise ship were involved in an altercation with a taxi driver who took them to a police station to complain. Police arrested them, and they alleged mistreatment by the local police including threats of violence.
In May 2008 authorities placed a police officer on administrative leave for the beating of a 17-year-old. The deputy police commissioner promised an investigation, and the officer retired. At year's end the officer still faced criminal charges.
Prison and Detention Center Conditions
Prison conditions were very poor. Her Majesty's Prison, the country's only prison, was overcrowded, did not have toilet facilities, and slop pails were used in all 122 cells. It held 295 convicted prisoners at year's end.
Prison overcrowding was attributed in part to a law that limited the ability of magistrates to grant bail to those accused of certain offenses. This resulted in an increase in the number of persons held on remand or awaiting trial. Due to space limitations, authorities sometimes held persons on remand together with convicted prisoners.
Female prisoners were held in a separate section and were not subject to the same problems encountered in the men's prison.
Juveniles were held with adult inmates.
The government permitted prison visits by independent human rights observers, although no such visits were known to have occurred.
d. Arbitrary Arrest or Detention
The constitution prohibits arbitrary arrest and detention, and the government generally observed these prohibitions.
Role of the Police and Security Apparatus
Security forces consist of a police force, the small Antigua and Barbuda Defence Force, and the Office of National Drug Control Policy, which coordinates law enforcement and prosecutorial action to counter narcotics trafficking. The police force comprised more than 759 officers, 164 of whom were part of the country's fire brigade, and 595 police officers. The police force was male dominated, but the number of female officers increased to 120. In 2008 the government hired three former Royal Canadian Mounted Police officers to help professionalize the police force and combat corruption.
The police discipline department, which investigates complaints against the police, is headed by the deputy police commissioner and decides whether an investigation is conducted. The police fall under the prime minister's area of responsibility, and he can call for an independent investigation into an incident as needed.
Arrest Procedures and Treatment While in Detention
The law permits police to arrest without a warrant persons suspected of committing a crime. Criminal defendants have the right to a prompt judicial determination of the legality of their detention. The police must bring detainees before a court within 48 hours of arrest or detention. Criminal detainees were allowed prompt access to counsel and family members. There were cases in which authorities denied foreign national criminal detainees prompt consular access and delayed notification of detention to the foreign government. Some foreign national detainees claimed police used excessive force and threats of violence against them while in detention; the government investigated these allegations and found no evidence to support them. The bail system requires those accused of more serious crimes to appeal to the High Court for bail, taking this responsibility away from the lower court magistrates.
e. Denial of Fair Public Trial
The constitution provides for an independent judiciary, and the government generally respected judicial independence in practice.
The judicial system is part of the Eastern Caribbean legal system and reflects historical ties to the United Kingdom. The first level is the magistrate's court, followed by the court of appeals and the High Court. The constitution designates the Privy Council in the United Kingdom as the final court of appeal, which is always employed in the case of death sentences.
The constitution provides that criminal defendants should receive a fair, open, and public trial, and an independent judiciary generally enforced this right. Trials are by jury. Defendants enjoy a presumption of innocence, have timely access to counsel, may confront or question witnesses, and have the right to appeal. In capital cases only, the government provides legal assistance at public expense to persons without the means to retain a private attorney. Courts often reached verdicts quickly, with some cases coming to conclusion in a matter of days.
Political Prisoners and Detainees
There were no reports of political prisoners or detainees.
Civil Judicial Procedures and Remedies
A court of summary jurisdiction, which sits without a jury, deals with civil cases involving sums of up to EC$1,500 ($550); three magistrate's courts deal with summary offenses and civil cases of not more than EC$500 ($185) in value. Persons may apply to the High Court for redress of alleged violations of their constitutional rights.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
The constitution prohibits such actions, and the government generally respected these prohibitions in practice.
In June 2007 the Privy Council rejected an appeal by the former owner of property expropriated by the government in 2002. (The owner alleged abuse of power, harassment, and threats by the government to acquire the property.) Despite repeated attempts by the owner to resolve the case, at year's end, the government had not provided prompt, adequate, and effective compensation to the claimant, as stipulated under law, and was seeking to sell the property to a third party, prior to settling with the previous owner.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The constitution provides for freedom of speech and of the press, but the government respected these rights on a somewhat limited basis. Privately-owned print media, including daily and weekly newspapers, were active and offered a range of opinion. Politicians in both parties often filed libel cases against members of the other party. In May the prime minister paid an out-of-court settlement to ALP Parliamentarian Asot Michael.
There was continued tension between the government and ZDK Radio, which is owned by the family of Lester Bird, the former prime minister and leader of the opposition ALP.
There were no government restrictions on access to the Internet or reports that government monitored e-mail or Internet chat rooms. Individuals and groups could engage in the peaceful expression of views via the Internet, including by e-mail. According to the International Telecommunication Union, there were 15 Internet users per 100 inhabitants in 2008.
Academic Freedom and Cultural Events
There were no government restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association
The constitution provides for freedom of assembly and association, and the government generally respected these rights in practice.
c. Freedom of Religion
The constitution provides for freedom of religion, and the government generally respected this right in practice.
Societal Abuses and Discrimination
Rastafarians complained of discrimination, especially in hiring and in schools, but the government took no specific action to address such complaints. There were no other reports of societal abuses or discrimination, including anti-Semitic acts. The Jewish community was very small.
For a more detailed discussion, see the 2009 International Religious Freedom Report.
d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons
The law provides for freedom of movement within the country, foreign travel, emigration, and repatriation, and the government generally respected these rights in practice.
The law prohibits forced exile, and the government did not use it in practice.
Protection of Refugees
The law provides for granting asylum or refugee status in accordance with the 1951 Convention relating to the Status of Refugees and its 1967 protocol, but the government has not established a system for providing protection to refugees. In practice the government provided protection against the expulsion or return of refugees to a country where their lives or freedom would be threatened.
The government did not grant refugee status or asylum during the year. The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in assisting refugees and asylum seekers, but normally the government immediately deported foreigners who could not provide legal documentation.
Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government
The constitution provides citizens with the right to change their government peacefully, and citizens exercised this right in practice through periodic, free, and fair elections held on the basis of universal suffrage.
Elections and Political Participation
In elections on March 12, the opposition UPP won nine of 17 seats in the House of Representatives and 50 percent of the popular vote. Members of the Organization of American States observer group reported that the elections were free and fair. UPP leader Baldwin Spencer remained in power. At year's end the courts were considering various legal challenges to the election results.
Political parties could operate freely without restriction or outside interference.
There were two women in the 19-seat House of Representatives and five women appointed to the 17-seat Senate. The governor general, the speaker of the House of Representatives, and the president of the Senate, all appointed positions, were women. There was one woman in the cabinet.
There was one member of a minority in parliament.
Section 4 Official Corruption and Government Transparency
The law provides criminal penalties for official corruption, and the government generally implemented these laws effectively. There were isolated reports of government corruption during the year. No information was available about the results of investigations of former ALP officials by a Special Task Force on Crime and Corruption established after the 2004 elections. Investigation targets included the former prime minister, a former finance minister, and a former ambassador. Both political parties frequently accused the other of corruption, but investigations yielded little or no results.
The Integrity in Public Life Act requires public officials to disclose all income, assets (including those of spouses and children), and personal gifts while in public office. The law established an Integrity Commission, appointed by the governor general, to receive and investigate complaints regarding noncompliance with or contravention of any provisions of this law or the Prevention of Corruption Act.
The Freedom of Information Act gives citizens the statutory right to access official documents from public authorities and agencies, and it created a commissioner to oversee the process. In practice citizens found it difficult to obtain documents, possibly due to government funding constraints rather than obstruction.
Section 5 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views.
The government cooperated with international organizations and consulted regularly with UN representatives.
There is an ombudsman, an independent authority appointed by the prime minister, to deal with complaints about the police and other government officials. However, the office lacked the resources to provide effective oversight for the entire government and did not produce regular reports.
Section 6 Discrimination, Societal Abuses, and Trafficking in Persons
The constitution prohibits discrimination based on race, sex, creed, language, or social status, and the government generally respected these prohibitions in practice.
Rape, including spousal rape, is illegal and carries maximum sentences (rarely imposed) ranging from 10 years' to life imprisonment. As many as four rapes were reported every month. The directorate of gender affairs, part of the Ministry of Labor, Public Administration, and Empowerment, established and publicized a crisis hotline for victims and witnesses to sexual assault. When rape cases are reported to the police, a female police officer accompanies the victim for both questioning and medical examinations. Once the doctor's report is completed, an investigation commences. If a suspect is arrested, he is placed in a line-up and must be identified by the victim face to face, without the use of a one-way mirror. There were 58 rape cases, of which 28 led to prosecution, during the year. In situations where the victim did not know her assailant, the cases rarely made it to trial. At year's end the government was working with a task force from Canada to target suspected serial rapists.
Violence against women, including spousal abuse, was a problem. The law prohibits and provides penalties for domestic violence, but many women were reluctant to testify against their abusers. The directorate of gender affairs operated a domestic violence program that included training for police officers, magistrates, and judges. The directorate also ran a domestic abuse hotline and worked with a nongovernmental organization (NGO) to provide safe havens for abused women and children. Services for victims of domestic violence included counseling and an advocacy case worker who accompanied the victim to the hospital and police station.
Prostitution is prohibited by law, but it remained a problem. There were a number of brothels that catered primarily to the local population.
Sexual harassment is illegal, but it was rarely prosecuted. According to the Labor Department, there was a high incidence of sexual harassment incurred by employees in both the private and public sectors. However, only four cases were formally reported during the year; the small number was believed to result from concerns about retaliation.
Reproductive rights of women were protected. Couples and individuals had the right to decide freely and responsibly the number, spacing and timing of their children, and had the information to do so free from discrimination, coercion, and violence. There was adequate access to contraception. Most women gave birth in hospitals. Women were equally diagnosed and treated for sexually transmitted infections, including HIV.
While the role of women in society is not restricted legally, economic conditions in rural areas tended to limit women to home and family, although some women worked as domestics, in agriculture, or in the large tourism sector. Women were well represented in the public sector, accounting for 54 percent of the public service and more than half of the permanent secretaries – the most senior level in each government department. In addition 41 percent of bar association members were women. There was no legislation requiring equal pay for equal work, but women faced no restrictions involving ownership of property.
Citizenship is acquired by birth in the country, and all children were registered at birth. Children born to citizen parents abroad can be registered by either of their parents.
Schools faced many shortages in supplies due to lack of resources.
Child abuse remained a problem. The press reported regularly on the rape and sexual abuse of children. Adult men having regular sexual relations with young girls was also a problem. According to one regional human rights group, the girls were often the daughters of single mothers with whom the perpetrators also had regular sexual relations.
Statutory rape is illegal; the minimum age for consensual sex is 14. Despite a maximum penalty of 10 years to life, authorities brought charges against few offenders, and those convicted did not serve long jail terms due to lack of witness cooperation. Child pornography is illegal, but no information was available about penalties for it.
Trafficking in Persons
There are no laws that specifically address trafficking in persons.
The country was a destination for women trafficked from Guyana, Haiti, Jamaica, and the Dominican Republic for the purposes of sexual exploitation; it may also be a destination country for women trafficked for the purposes of forced domestic servitude. Women voluntarily came to the country to engage in prostitution; brothel managers later confiscated their passports and threatened the women with deportation until they repaid the brothel owner for travel and other expenses. Some victims trafficked for the purpose of sexual exploitation had been given work permits as "entertainers" to legally enter the country. However, authorities usually deported victims immediately, before information on possible trafficking could be obtained.
There were two cases in 2008 in which persons were trafficked to the country to work in local brothels. Authorities deported one victim, and the other voluntarily returned to her home country with the support of the Bureau of Gender Affairs. In neither case were charges brought against the brothel owners.
See also the State Department's annual Trafficking in Persons Report.
Persons with Disabilities
There was no reported discrimination against persons with disabilities in employment, education, access to health care, or in the provision of other state services. Although the constitution contains antidiscrimination provisions, no specific laws prohibit discrimination against, or mandate accessibility for, persons with disabilities.
Societal Abuses, Discrimination, and Acts of Violence Based on Sexual Orientation and Gender Identity
Homosexual acts are illegal, carrying a maximum penalty of 15 years in prison.
There were no reports of violence or discrimination based on sexual orientation. There was no information as to the existence of any lesbian, gay, bisexual, or transgender organizations in the country.
Other Societal Violence or Discrimination
There were no reports of violence or discrimination directed toward persons with HIV/AIDS. The Ministry of Health supported local NGO efforts to register human rights complaints and seek assistance related to cases of discrimination against those with HIV/AIDS. The Ministry of Labor encouraged employers to be more sensitive to employees with HIV/AIDS.
Section 7 Worker Rights
a. The Right of Association
Workers have the right to associate freely and to form labor unions. Approximately 60 percent of workers in the formal sector belonged to a union. Unions were free to conduct their activities without government interference. Labor unions formed an important part of the base of both political parties.
The labor code provides for the right to strike, but the Industrial Relations Court may limit this right in a given dispute. Workers who provide essential services (including bus, telephone, port, petroleum, health, and safety workers) must give 21 days' notice of intent to strike. Once either party to a dispute requests that the court mediate, strikes are prohibited under penalty of imprisonment. Because of the delays associated with this process, unions often resolved labor disputes before a strike was called. In addition an injunction may be issued against a legal strike when the national interest is threatened or affected.
Labor law prohibits retaliation against strikers, and the government effectively enforced those laws.
b. The Right to Organize and Bargain Collectively
The law allows labor organizations to organize and bargain collectively without interference, and the government protected this right. The law prohibits antiunion discrimination by employers but does not specifically require reinstatement of workers illegally fired for union activity, although a court could impose it.
There were no special laws or exemptions from regular labor laws in export processing zones.
c. Prohibition of Forced or Compulsory Labor
The constitution prohibits forced or compulsory labor, including by children, and there were no reports that such practices occurred.
d. Prohibition of Child Labor and Minimum Age for Employment
The law stipulates a minimum working age of 16 years, which corresponds with the provisions of the Education Act. In addition persons under 18 years of age must have a medical clearance to work and may not work later than 10 p.m. The Ministry of Labor, which is required by law to conduct periodic inspections of workplaces, effectively enforced this law. The labor commissioner's office also had an inspectorate that investigated exploitive child labor matters.
e. Acceptable Conditions of Work
The labor code provides that the minister of labor may issue orders, which have the force of law, to establish a minimum wage. Tripartite consultations were held when the minimum wage was set. The minimum wage was EC$7.00 ($2.59) an hour for all categories of labor, which provided a barely adequate standard of living for a worker and family. In practice the great majority of workers earned substantially more than the minimum wage.
The law provides that workers are not required to work more than a 48-hour, six-day workweek, but in practice the standard workweek was 40 hours in five days. Laws provide for overtime work in excess of the standard workweek; excessive or compulsory overtime is not specifically prohibited.
Although the government had not developed occupational health and safety laws or regulations apart from those regarding child labor, the labor code includes provisions regarding occupational safety and health. While not specifically provided for by law, in practice workers could leave a dangerous workplace situation without jeopardy to continued employment.