2007 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 2008|
|Cite as||United States Department of State, 2007 Country Reports on Human Rights Practices - Antigua and Barbuda, 11 March 2008, available at: http://www.refworld.org/docid/47d92c66c.html [accessed 18 September 2014]|
Released by the Bureau of Democracy, Human Rights, and Labor
March 11, 2008
Antigua and Barbuda is a multiparty, parliamentary democracy with a population of approximately 83,000. In the 2004 parliamentary elections, which observers described as generally free and fair, the United Progressive Party (UPP) defeated the ruling Antigua Labour Party (ALP), and Baldwin Spencer became prime minister. The 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, violation of press freedoms, societal discrimination and violence against women, and sexual abuse of children.
RESPECT FOR HUMAN RIGHTS
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 homosexuals, and allegations of abuse by prison guards.
Authorities exonerated the police officer who shot Kelly Jackson in the leg while taking him into custody in January 2006.
There was no information about what happened to the police officer who shot a 13-year-old suspect running away from detention in June 2006.
Authorities brought murder charges against one of two police officers who responded to a domestic disturbance in October 2006 and shot the husband during an altercation. At year's end he was detained pending trial.
Prison and Detention Center Conditions
Prison conditions were poor. Her Majesty's Prison, the country's only prison, held 198 inmates, including 10 juveniles and five women. The prison did not have toilet facilities, and slop pails were used in all 122 cells.
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 people held on remand or awaiting trial, which totaled 80 at year's end. 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.
In July a police constable threatened, falsely imprisoned, and attempted to extort a Chinese national, who was placed in jail for four days without any charges made against her. The person recorded the constable's threats and presented it to the police commissioner, who launched an investigation. Authorities gave the constable the option to resign, face disciplinary action, or face criminal charges, and he chose to resign.
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 546 officers, 147 of whom were part of the country's fire brigade, and 329 constables. The police force is a male-dominated profession, but the number of female officers increased to 113. Corruption and impunity were not problems.
On February 11, the police established a Discipline Department, which investigates complaints against the police. The Discipline Department 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. In the wake of a number of drug-related gang murders that took place between September and October, the prime minister announced that the Defence Force would be deployed to assist the police. The announcement included a 10 p.m. curfew for minors, extended hours for local police stations, random stops of pedestrians and motorists, and a ban on windshield tinting.
Arrest and 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. 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 $550 (EC$1,500); three magistrate's courts deal with summary offenses and civil cases of not more than $185 (EC$500) 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 2002 the government expropriated property of a private citizen, who filed an injunction that alleged abuse of power, harassment, and threats by the government to acquire the property. The Eastern Caribbean Court of Appeal upheld a lower court's decision that refused to bar the expropriation. In June the Privy Council rejected the owner's appeal. At year's end the government had not provided prompt, adequate, and effective compensation to the claimant, as stipulated under law.
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. Although privately owned print media, including daily and weekly newspapers, were active and offered a range of opinion, criticism of the government was met with government harassment, usually via legal action and in some cases physical censorship. Foreign members of the media were deported for their criticism of the government.
In June Reporters Without Borders and the Association of the Caribbean Media criticized the government for expelling two journalists: Trinidadian Vernon Khelawan, former editor in chief of the Antigua Sun newspaper and Dominican Lennox Linton, former manager at the privately owned Observer Radio. Both journalists are citizens of Caribbean Community countries that have agreements allowing for the free movement of media workers. Prime Minister Spencer justified the expulsion on grounds that the journalists failed to comply with immigration laws. Both journalists allegedly were working for opposition politicians, and both indicated that they would pursue further legal action against the authorities.
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. In 2005 authorities arrested government critic and ZDK radio announcer James "Tanny" Rose for "misbehavior in public office" in connection with Rose's position as chief information officer of the state-owned ABS Radio and Television Authority in 1994. The prosecutor brought criminal charges against Rose, but the case was dismissed in June. Rose continued to broadcast a daily program on ZDK Radio.
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.
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. 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 2007 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 UN 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 refoulement, the return of persons to a country where there is reason to believe they feared persecution.
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.
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 the 2004 elections, the opposition UPP won 12 of 17 seats in the House of Representatives and 55 percent of the popular vote. Members of a Commonwealth observer group reported that the elections were free and fair. UPP leader Baldwin Spencer replaced Lester Bird, whose ALP had held power continuously since 1976.
In October the prime minister denounced election fraud by voters who vote more than once, and Parliament passed legislation that increased the fine for this crime to $11,321 (EC$30,000).
There was one woman in the 17-seat House of Representatives and two women appointed to the 17-seat Senate. In July the first female governor general was sworn into office. The speaker of the House of Representatives and the president of the Senate, both appointed positions, were women. There were no women in the cabinet. In November the director of gender affairs noted that 17.2 percent of the members of parliament were women, significantly short of a 1995 commitment to achieve 30 percent female representation by 2005.
There were no members of minorities in parliament or in the cabinet.
Government Corruption and 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. A Special Task Force on Crime and Corruption focused on continued investigations of former ALP officials. Defendants included the former prime minister (who lost an appeal in December), a former finance minister, and a former ambassador.
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 funding constraints rather than government obstruction.
4. 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.
5. 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. While victims reported a total of 29 cases of rape during the year, at year's end there was at least one rape reported each week. The Directorate of Gender Affairs, part of the Ministry of Labor, Public Administration, and Empowerment, established and publicized a crisis hot line 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. Although there were no recent data on prosecutions and convictions, they were most frequent when the victim knew the assailant. In situations where the victim did not know her assailant, the cases rarely made it to trial.
Violence against women, including spousal abuse, was a problem. The Domestic Violence Act prohibits and provides penalties for domestic violence, rape, and other sexual offenses. Many women were reluctant to testify against their abusers. Organizations such as the Directorate of Gender Affairs sought to increase women's awareness of their rights under the law in cases of domestic violence. The directorate operated a domestic violence program that included training for police officers, magistrates, and judges. The directorate also ran a domestic abuse hot line and worked with a nongovernmental organization (NGO) to provide safe havens for abused women and children.
Prostitution is prohibited, 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 reported by employees in both the private and public sectors. No information was available whether any cases had been brought to the labor courts.
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. However, in November the labor minister confirmed that a glass ceiling remained firmly in place between men and women in political and economic affairs. There was no legislation requiring equal pay for equal work, but women faced no restrictions involving ownership of property. The Directorate of Gender Affairs organized a march in November called "Demanding Implementation, Challenging Obstacles, End Violence against Women" as part of 16 days of activism against all forms of violence against women.
The Professional Organization for Women of Antigua is a networking and resource group for professional women that held seminars for women entering the workforce.
While the government repeatedly expressed its commitment to children's rights, in practice its efforts to protect those rights were limited. The government provided free, compulsory, and universal education for children through the age of 16. Schools faced many shortages, however, and parents typically provided desks and chairs. Although shared textbooks were provided, parents often purchased books; parents also provided uniforms. More than 95 percent of school-age children attended school, and most children achieved a secondary education.
Boys and girls had equal access to health care and other public services.
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.
Trafficking in Persons
There are no laws that specifically address trafficking in persons. Although there were no reports that persons were trafficked from or within the country, there were a number of brothels staffed mostly by women from various Caribbean countries who traveled to Antigua as "entertainers" or "dancers." It is possible that in some cases brothel owners retained their documents to exert influence over the victims. However, authorities usually deported the women immediately before information on possible trafficking could be obtained.
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.
Other Societal Abuses and Discrimination
There were no reports of violence or discrimination based on sexual orientation or directed toward persons with HIV/AIDS. Nonetheless, the ministers of labor and health both spoke out publicly against such discrimination. 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.
6. Worker Rights
a. The Right of Association
Workers have the right to associate freely and to form labor unions. Approximately 60 percent of workers belonged to a union.
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.
In 2005 the owner of Caribbean Star Airlines, based in the country, fired nine pilots and five flight attendants who had organized a union. Although the Industrial Relations Court conducted hearings, the matter remained unresolved at year's end.
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 labor code applied equally to workers in the country's free trade zones.
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.
Members of the Guild of Antigua and Barbuda Air Traffic Controllers conducted one of the most publicized industrial actions, protesting low salaries, poor working conditions, and the absence of a transition plan for workers under the new aviation authority as well as a new collective agreement. The strike resulted in the shutdown of the country's only airport, where security staff members had also protested delayed overtime pay and poor working conditions only a few weeks earlier. The airport's chief of security, union president, and airport operations manager intervened and convinced the workers to return to work.
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. The minimum wage was $2.26 (EC$6.00) 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.
Union representatives alleged numerous instances of poor working conditions and nonpayment of wages throughout the year. Employees at the Central Housing and Planning Authority protested nonpayment of wages. Longshoremen and other port laborers advocated better working conditions in the Antigua and Barbuda Port Authority. Employees at the Central Marketing Corporation protested delays in meeting their demands for improved pay and addressing concerns of improper storage of chemicals on the compound. Line staff employees of the State Insurance Corporation protested that negotiations with the employees' bargaining agent broke down on the issue of wage increases.
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.