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TITLE: ANTIGUA AND BARBUDA HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
ANTIGUA AND BARBUDA
Antigua and Barbuda, a small two-island state, is a
parliamentary democracy and a member of the Commonwealth of
Nations. It is governed by a Prime Minister, a Cabinet, and a
bicameral Legislative Assembly. The Governor General, with
largely ceremonial duties, is the titular Head of State and
serves as the representative of the British monarch. The
Constitution requires general elections at least every
5 years. Prime Minister V.C. Bird, Sr., and his Antigua Labour
Party hold 15 of the 17 seats in the House of Representatives.
The Governor General appoints the 17-member Senate with the
advice of the Prime Minister and opposition leader.
Security forces consist of a police force and the Antigua and
Barbuda Defense Force, a 90-person infantry unit. The police
are organized, trained, and supervised according to British law
enforcement practices. The security forces have a reputation
for respecting individual rights in the performance of their
duties.
Antigua and Barbuda has a mixed economy with a strong private
sector. A slowdown in the important tourism industry was
blamed for a decline in economic growth during 1993. The large
and growing external debt, combined with the financial
pressures of meeting payroll demands of an oversized public
sector work force, also contributed to the economic slowdown.
The Constitution provides for political and civil rights, which
are generally respected in practice. However, despite
government promises in 1992 that opposition political leaders
would have access to the government-controlled electronic
media, news censorship continued. As a result, opposition
parties or persons presenting opinions opposed to government
policies were denied media access. Scattered incidents of
violence marred campaign activities for general elections set
for early 1994.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial
killings.
b. Disappearance
There were no reports of disappearance or politically motivated
abductions.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution prohibits torture and other cruel or inhuman
treatment of prisoners or detainees, and these prohibitions are
generally respected in practice. In 1990 Parliament amended
the law to permit flogging as a penalty for rape. While there
were no reported floggings of convicted rapists, several people
were flogged for conviction on child molestation charges.
d. Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest and detention,
which do not occur in practice. Criminal defendants have the
right of judicial determination of the legality of their
detention. Detainees must be brought before a court within 48
hours of arrest or detention. There were no reports of
involuntary exile.
e. Denial of Fair Public Trial
The judicial system is modeled on that of the United Kingdom
and is part of the Eastern Caribbean legal system. Final
appeal may be made to the Queen's Privy Council in the United
Kingdom, which is invariably done in the case of death
sentences. There are no military or political courts.
Criminal defendants are assured a fair, open, and public
trial. In capital cases only, the Government provides legal
assistance at public expense to persons without the means to
retain a private attorney.
There are no political prisoners in Antigua and Barbuda.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
There were no reports of arbitrary interference with privacy,
family, home, or correspondence in 1993. The police must
obtain a warrant from an officer of the court before searching
private premises.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech, the press, and
other forms of communication. These provisions are generally
respected. However, the Government dominates the electronic
media, the only daily source of news, and effectively denies
access to opposition parties. The Government owns one of the
two radio stations and the single television station. A son of
the Prime Minister owns the second radio station, while another
son is the principal owner of the sole cable television
company. The government-controlled media reported regularly on
the Government's activities but rarely on those of the
opposition political parties.
The political opposition publishes one weekly newspaper.
Several private sector organizations, such as the Chamber of
Commerce, publish newsletters with a variety of opinions.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right of peaceful assembly.
Required permits for public meetings are issued by the police
and are normally granted. On a few occasions, police permits
for political rallies and marches have been delayed in an
effort to defuse confrontational situations. On these
occasions, the opposition parties accused the police of
interference.
c. Freedom of Religion
There is unrestricted exercise of religious freedom. The
population is overwhelmingly Protestant, but adherents of other
religious denominations practice their religion and proselytize
openly without government interference. All groups are free to
maintain links with coreligionists in other countries.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Neither law nor practice restricts the right of citizens to
move about within the country, to travel abroad, or to emigrate.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Antigua and Barbuda has a multiparty political system
accommodating a wide spectrum of political viewpoints. All
citizens 18 years of age and older may register and vote by
secret ballot. The Constitution requires general elections at
least every 5 years. The Government is obligated by law to
hold voter registration during a fixed period each year, and
parties conduct their own registration drives free of
government interference. The last general elections were held
in March 1989 and were won by the Antigua Labour Party (ALP).
With 15 of the 17 seats in the House of Representatives, the
ALP retains the power that it has held since 1951, except for a
period of opposition from 1971 to 1976. One seat is held by
United Progressive Party (UPP) leader Baldwin Spencer. The
remaining seat represents the Barbuda constituency and is held
by a political independent who leads the Barbuda faction
advocating secession from Antigua.
The opposition has charged that the ALP's longstanding monopoly
on patronage and its influence over access to economic
opportunities make it extremely difficult for opposition
parties to attract membership and financial support. In 1992,
however, public concern over corruption in government spawned
the merger of three political opposition parties into the UPP.
This led to massive new UPP voter registrants in 1993, but
opposition leaders complained that the electoral rolls were
inaccurate.
The ALP responded by electing the Prime Minister's son, Lester
B. Bird, as its new political leader to run as the ALP
standard-bearer in the general elections scheduled for early
1994. Scattered incidents of violence marred the campaign by
year's end.
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 formed to date. There were no requests for
human rights investigations or inquiries during 1993.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The law prohibits discrimination based on race, sex, creed,
language, or social status, and it is generally observed.
Women
While the role of women in society is not legally restricted,
tradition tends to limit women to home and family, particularly
in rural areas, and to restrict their career options. To
change these traditional roles, the Government began programs
to provide enhanced educational opportunities for both sexes,
as well as family planning services. The Directorate of
Women's Affairs (previously the Women's Desk) worked
energetically, with some success, to help women advance in
government and the professions, but progress was slower in the
private sector. In 1993 the Directorate continued educational
programs for women in such areas as health, crafts, and
improving business skills.
Most violence against women probably goes unreported; however,
knowledgeable sources believe that over 1,600 cases of physical
and mental violence occur each year. Gauging the extent of the
problem is difficult due to the reluctance of women in many
cases to testify against their abusers. Police may be
reluctant to interfere in cases of domestic violence, and some
women have credibly charged that the courts are lenient in such
cases.
Children
The Government is a signatory of the U.N. Convention on the
Rights of the Child and adheres to its principles.
Approximately 17 percent of the national budget is allotted to
children's human rights and welfare, including education.
People with Disabilities
There are no specific laws mandating accessibility for the
disabled, but there are constitutional provisions that prohibit
discrimination against the physically disabled in employment
and education. There is no evidence of widespread
discrimination against physically disabled individuals.
Section 6 Worker Rights
a. The Right of Association
Workers have the right to associate freely and to form labor
unions, and those rights are respected in practice. Although
fewer than 50 percent of workers belong to unions, the
important hotel industry is heavily unionized. Unions are free
to affiliate with international labor organizations and do so
in practice.
Antigua and Barbuda has two major trade unions: the Antigua
Trades and Labour Union (ATLU) and the Antigua Workers' Union
(AWU). The ATLU is associated with the ruling ALP, while the
larger and more active AWU is rather loosely allied with the
opposition.
The right to strike is recognized by the Labour Code. This
right may be limited in a given dispute by the Court of
Industrial Relations. Once either party to the dispute
requests the court to mediate, there can be no strike. Because
of the delays associated with this process, in practice labor
disputes are often resolved before a strike is called. There
were no strikes in 1993.
b. The Right to Organize and Bargain Collectively
Labor organizations are free to organize and bargain
collectively. Antiunion discrimination is prohibited by law,
and there have been no reports of its practice. Employers
found guilty of antiunion discrimination are not required to
rehire employees fired for union activities but must pay full
severance pay and full wages lost by the employee from the time
of firing until the determination of employer fault. There are
no areas of the country where union organization or collective
bargaining is discouraged or impeded. There are no export
processing zones.
c. Prohibition of Forced or Compulsory Labor
The Constitution forbids slavery or forced labor, and they do
not exist in practice.
d. Minimum Age for Employment of Children
The law provides a minimum working age of 13, which is
respected in practice. Responsibility for enforcement rests
with the Ministry of Labour, which is required by law to
conduct periodic inspections of workplaces. While there have
been no reports of minimum age employment violations, the
political strength of the two major unions and the powerful
influence that the Government has on the private sector,
combine to make the Ministry of Labour very effective in
enforcement in this area.
e. Acceptable Conditions of Work
The law permits a maximum 48-hour, 6-day workweek, but in
practice the standard workweek is 40 hours in 5 days. Workers
are guaranteed a minimum of 3 weeks of annual leave and up to
13 weeks of maternity leave. Different minimum wages for
different work categories were established by law in 1981. The
lowest minimum wage category, domestic workers, is $0.46
(EC$1.25) per hour; the highest minimum wage category, for
skilled labor, is $1.30 (EC$3.50) per hour. Most minimum wages
would not provide a decent standard of living for workers and
their families, but in practice the great majority of workers
earn substantially more than the minimum wage. Increases in
the minimum wage were recommended in 1989, but there was no
action to implement the recommendation in 1993.
There are no occupational health and safety laws or
regulations. The Labour Code provides for inspection and
safety standards approval by the Labour Commissioner. (###)
[end of document]
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