U.S. Department of State Country Report on Human Rights Practices 1994 - St Kitts and Nevis

    St. Kitts and Nevis, a member of the Commonwealth of Nations, is a small two-island state with a democratic, parliamentary form of government. The Constitution provides the smaller island of Nevis considerable self-government, as well as the right to secede from the Federation in accordance with certain enumerated procedures. A Prime Minister, a Cabinet, and a Legislative Assembly govern the country. The Governor General, with largely ceremonial duties, is the titular Head of State and must call general elections at least every 5 years. After national elections in November 1993, Prime Minister Kennedy Simmonds and his People's Action Movement formed a coalition with the Nevis Reformation Party to retain control of the Government. Security forces consist of a small police force, which includes a 50-person Special Services Unit that receives some light infantry training, and a small coast guard. The mixed economy is based on sugar cane, tourism, and light industry. Most commercial enterprises are privately owned, but the sugar industry (the country's largest economic enterprise) and 85 percent of all arable land are owned by a state corporation. Economic growth continued at about 6 percent, due partly to agricultural exports and to investor confidence in plans to develop further a deep water port facility and the southeastern peninsula of St. Kitts. Human rights continued to be generally respected during 1994, although the Government continued to restrict access by the opposition to government-controlled media.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom from:

a. Political and Other Extrajudicial Killing

Although there were no political or extrajudicial killings in St. Kitts and Nevis in 1994, there were two instances of politically charged murder. In October the son of the Deputy Prime Minister (and Minister of Education) and his fiancee disappeared and were later found murdered in an incident apparently related to drug trafficking. On October 13, the Chief of the police Special Branch and Criminal Investigation Division, who led the investigation into these disappearances, was murdered as he left his home. Police arrested a suspect with drug trafficking ties, and the case remains under investigation. In both instances the Government and the opposition accused each other of involvement with drug traffickers.

b. Disappearance

There were no reports of politically motivated disappearances. However, there was an instance of politically charged disappearance. In July the former Kittitian ambassador to the United Nations, his wife and family, were lost at sea during a Sunday pleasure boat outing. Extensive air and sea searches were conducted, but no evidence or remains were discovered. In the 1980's the former ambassador had been publicly accused of money laundering and drug trafficking, and this case, like the two instances of murder described above, is the subject of charges and countercharges between the Government and the opposition.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Law enforcement authorities abide by the constitutional prohibitions against the use of torture or other forms of inhuman or degrading treatment or punishment. Family members, attorneys, and clergy are permitted to visit detainees regularly.

d. Arbitrary Arrest, Detention, or Exile

The Constitution prohibits arbitrary arrest and detention, and this provision is respected in practice. The law requires that persons detained be brought before a court within 48 hours. There were no reported cases of exile.

e. Denial of Fair Public Trial

The Constitution provides that every person accused of a crime must receive a fair, speedy, and public trial, and these requirements are generally observed. The judiciary, a part of the Eastern Caribbean legal system, is highly regarded and independent. Final appeal may be made to the Privy Council in the United Kingdom. There are no military or political courts. Legal assistance is available for indigent defendants.

f. Arbitrary Interference with Privacy, Family, Home, or Correspondence

There were no reports of arbitrary government or police interference in the private lives of individuals. The law requires judicially issued warrants to search private homes.

Section 2 Respect For Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution provides for freedom of speech and the press, and, for the most part, the authorities respected these provisions in practice. However, the Government owns the only radio and television station on St. Kitts, and these media generally did not adequately publicize rallies and conventions held by the opposition political party. There is a religious television station and a privately owned radio station on Nevis. St. Kitts and Nevis does not have a daily newspaper; each of the major political parties publishes a weekly or biweekly newspaper. The papers are free to criticize the Government and do so regularly and vigorously. International news publications are readily available.

b. Freedom of Peaceful Assembly and Association

The Constitution provides for the right of peaceful assembly. Political parties organized demonstrations, rallies, and public meetings regularly during the 1993 election campaign, usually without government interference. Opposition parties did claim government intimidation in the form of excessive police presence or armed nonparty supporters during the campaign and during subsequent opposition protests, which included violence, following the election. The December 1993 14-day state of emergency successfully ended the demonstrations. Government security forces patrolled the nation extensively to preempt protests scheduled for June 1, the 6-month anniversary of the 1993 election. Opposition members claimed that nonuniformed police roamed the countryside in unmarked cars during the predawn hours of June 1 to intimidate potential protesters. The Government asserted that its preemptive patrolling was warranted by the looting and burning that had occurred in the street marches in December 1993.

c. Freedom of Religion

The Constitution provides for the free exercise of religion, and religious practices are not restricted. All groups are free to maintain links with coreligionists in other countries.

d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation

The Government does not restrict travel within or departure from the country.

Section 3 Respect for Political Rights: The Right of Citizens to Change Their Government

Citizens are free to change their government by peaceful means. A vigorous multiparty political system exists in which political parties are free to conduct their activities. Periodic elections are held in which all citizens 18 years of age and older may register and vote by secret ballot. The Legislative Assembly has 11 elected seats; 8 for St. Kitts and 3 for Nevis. In the November 1993 elections, Prime Minister Kennedy Simmonds' People's Action Movement (PAM) won only four of eight seats at stake in St. Kitts and came in second in the popular vote. The St. Kitts Labour Party, led by Dr. Denzil Douglas, won the remaining four seats and also polled a majority of the popular votes. The Concerned Citizens' Movement (CCM) won two of the three Nevis seats; the Nevis Reformation Party won the remaining one. Prime Minister Simmonds formed a coalition with the Nevis Reformation Party to retain control of the Government. The island of Nevis has considerable self-government and its own legislature. Although there are no impediments in law or in practice to the participation of women in leadership roles in government or political parties, St. Kitts and Nevis has only one female Member of Parliament. However, women do hold such high government offices as permanent secretary and are active within the political parties.

Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

While there are no governmental restrictions, no local human rights groups have been formed. There were no requests for investigations or visits by international human rights groups.

Section 5 Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status

The Constitution prohibits discrimination on grounds of race, place of origin, birth out of wedlock, political opinion or affiliation, color, sex, or creed.

Women

The role of women in society is not restricted by law but is circumscribed by culture and tradition. According to a government official, violence against women is a problem, but many women are reluctant to file complaints or pursue them in the courts. Despite this reluctance, there were publicly reported cases of both domestic violence and rape and a few convictions. A special police unit works closely with the Ministry of Women's Affairs to investigate domestic violence and rape cases. A nongovernmental organization opened a women's center on Nevis which provides counseling and information, and conducts workshops for women. No such facility exists on St. Kitts. The Government created the Ministry of Women's Affairs to help redefine the role of women in society, to ensure that women's rights are promoted, and to provide counseling for abused women.

Children

The Government is committed to children's rights and welfare and has incorporated most of the provisions of the U.N. Convention on the Rights of the Child into domestic legislation. There is no evidence of societal abuse or violence against children.

People with Disabilities

Although there is no legislation to protect the disabled or to mandate accessibility for them, the Government and the Constitution prohibit discrimination in employment, education, and other state services.

Section 6 Worker Rights

a. The Right of Association

The Constitution provides for the right of all workers to form and belong to trade unions. The law permits the police, civil service, and other organizations to have associations which serve as unions. The major labor union, the St. Kitts Trades and Labour Union, is affiliated with the opposition St. Kitts Labour Party and is active in all sectors of the economy. There is also an independent teachers' union, a union representing dockworkers in the capital city, and a taxi-drivers' association. The right to strike, while not specified by law, is well established and respected in practice. There were no major strikes in 1994. Unions are free to form federations or confederations and to affiliate with international organizations. The islands' unions maintain a variety of international ties.

b. The Right to Organize and Bargain Collectively

Labor unions are free to organize and to negotiate for better wages and benefits for union members. The law prohibits antiunion discrimination, but does not require employers found guilty to rehire employees fired due to antiunion discrimination. However, the employer must pay lost wages and severance pay. There is no legislation governing the organization and representation of workers, and employers are not legally bound to recognize a union, but in practice employers do so if a majority of workers polled wish to organize. Collective bargaining takes place on a workplace-by-workplace basis, not industrywide. The Labour Commission mediates all types of disputes between labor and management on an ad hoc basis. In practice, however, few disputes actually go to the Commission for resolution. If neither the Commission nor the Minister of Labour can resolve the dispute, legislation allows for a case to be brought before a civil court. There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor

The Constitution forbids slavery and forced labor, and they do not occur in practice.

d. Minimum Age for Employment of Children

The minimum legal working age is 14. The Labour Ministry relies heavily on school truant officers and the Community Affairs Division to monitor compliance, which they do effectively. Local law mandates compulsory education up to the age of 16.

e. Acceptable Conditions of Work

A 1984 law, updated in 1994, establishes minimum wage rates for various categories of workers, such as domestic servants, retail employees, casino workers, and skilled workers. The minimum wage varies from $56.18 (EC$150) per week for full-time domestic workers to $74.91 (EC$200) per week for skilled workers. These provide an adequate, though Spartan, living for a wage earner and family; many workers supplement wages by keeping small animals such as goats and chickens. The Labour Commission undertakes regular wage inspections and special investigations when it receives complaints; it requires employers found in violation to pay back wages. The law provides for a 42- to 44-hour workweek, but the common practice is 40 hours in 5 days. Although not required by law, workers receive at least one 24-hour rest period per week. The law provides that workers receive a minimum annual vacation of 2 weeks. While there are no specific health and safety regulations, the Factories Law provides general health and safety guidance to Labour Ministry inspectors. The Labour Commissioner settles disputes over safety conditions. Workers have the right to report unsafe work environments without jeopardy to continued employment; inspectors then investigate such claims.