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TITLE: BARBADOS HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
BARBADOS
Barbados, a member of the Commonwealth of Nations, is a
constitutional democracy with a multiparty, parliamentary form
of government. The Queen is Head of State; she is represented
by an appointed Governor General. The Prime Minister is the
Head of Government and governs with an appointed Cabinet.
National elections, which were last held in January 1991, were
contested by two major political parties, an offshoot of the
government party, and several independent candidates. Prime
Minister Erskine Sandiford, leader of the Democratic Labour
Party (DLP), was reelected at that time for a maximum 5-year
term.
The Royal Barbados Police Force is charged with maintaining
public order. The small volunteer Barbados Defense Force,
responsible for national security, can be employed to maintain
public order in times of crisis, emergency, or other specific
need. The Defense Force assisted the police by patrolling
certain tourist areas in response to a major increase of
crime. On the whole, the police respected constitutional and
legal guarantees of human rights, but there were incidents of
police use of excessive force.
The country's economy is based on agriculture, tourism, light
manufacturing, and services, which makes it vulnerable to
external economic developments. Per capita gross domestic
product exceeds $5,000 per year. An International Monetary
Fund 18-month stabilization program ended in May. It included
layoffs of public sector employees, an 8-percent public sector
wage cut, divestment of various state-owned enterprises, tax
increases, and other means of increasing revenue and easing
serious balance of payments difficulties. The reductions in
government social spending affected thousands of Barbadians,
but political tension and social unrest decreased in 1993 from
the levels witnessed in 1992.
Barbados has a long record of generally respecting human
rights, and there was no significant change in that record
during 1993. Nonetheless, reports of human rights abuse
included excessive use of force by police and a significant
level of societal violence against women and children.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
Political killings are nonexistent in Barbados.
The only allegations of extrajudicial killings involved the
case of three young men--Ezra White, Ronald Codrington, and
Devere Headley--who died as a a result of a June shootout with
police. An official police investigation was conducted, and
initial reports suggested that the police responded
appropriately. The men were reported to be well-known criminals
involved in a number of assaults with guns and they apparently
initiated the exchange of fire which led to their deaths.
In the case of Ryan Jordan, a 17-year-old who died in police
custody in April 1992, Amnesty International called on
Barbadian officials to initiate an impartial investigation and
prosecute those responsible. The coroner's inquest in the case
has not been completed. Local human rights monitors believe
that, although Jordan may have suffered injuries not caused by
the police, the police may have beat him as well, contributing
to his death.
b. Disappearance
There were no reports of disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution specifically prohibits torture and cruel,
inhuman, or degrading treatment or punishment. However, the
local press reported that a very high percentage of convictions
are based on confessions in Barbados. There continued to be
credible reports that brutality by law enforcement officials
during detention is sometimes used to extract confessions.
After several publicized reports of police extracting forced
confessions and beating suspects in 1992, the Commissioner of
Police condemned "the use of unauthorized force" by police
officers. He initiated new procedures which provide that
suspects and other persons held by the police can be questioned
only at a police station, except when expressly permitted
by a senior divisional officer. An officer must visit a
detainee at least once every 3 hours to inquire about the
detainee's condition. After 24 hours, a written report must be
submitted to the Deputy Commissioner. All movements of the
detainee between stations must be approved and recorded.
Barbados is in the forefront of an initiative to standardize
police procedures throughout the English-speaking Caribbean
region. However, contrary to the unarmed tradition of the
police force--in response to the shooting death of a policeman
and the rise in gun- and drug-related crime--special units and
some foot patrols were issued firearms in 1993.
d. Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest and imprisonment
and requires detainees to be brought before a court of law
within 72 hours of arrest. These provisions are generally
respected in practice. New rules of guidance set out in
mid-1992 by the Police Commissioner specify methods of
detention, means of reporting such, and disclosure of the
condition of the detainee to senior police officers. Criminal
defendants have the right to counsel, and attorneys have ready
access to their clients.
Exile is not used as a punishment or means of political control.
e. Denial of Fair Public Trial
The Constitution provides that persons charged with criminal
offenses be given a fair, public hearing within a reasonable
time by an independent and impartial court. The judicial
system provides for rights of due process at each level.
Defendants are presumed innocent until proven guilty. The
Government provides free legal aid to the indigent. The
judiciary acts independently and is free of intervention from
other branches of government. Criticizing the Government is
not a political offense, and there are no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government does not routinely interfere in the private
lives of its citizens. The Constitution prohibits arbitrary
entry, search, or seizure, and the law requires warrants to be
issued before privately owned property may be entered and
searched. Nonetheless, there continued to be credible reports
that, in response to increased drug-related crime, the police
resorted to searches of homes in certain neighborhoods in
Barbados, sometimes without a warrant. The Government neither
censors mail nor restricts the receipt of foreign
correspondence or publications.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and press, and
these rights are respected in practice. There are five radio
stations, two of which are owned by the Government. Caribbean
Broadcasting Corporation (CBC) television service (the only
television source, excluding direct satellite reception) is
government-owned. Though CBC is a state enterprise, views
opposing government policies are regularly reported. Opposition
political figures occasionally claim their positions are given
little attention. This allegation has been made over the years
regardless of which party controls the Government. There are
two independent daily newspapers, both of which present
opposition political views. The Government regularly comes
under attack in the newspapers and on daily call-in radio
programs. Although critics allege that the Government sometimes
uses its influence to discourage media from reporting on
sensitive issues, the press remained vigorously critical of
Government on a broad span of issues.
Barbados is the site of the Cave Hill campus of the University
of the West Indies; academicians across the political spectrum
express their views freely.
b. Freedom of Peaceful Assembly and Association
The Government observes the constitutional guarantees of
peaceful assembly and private association. Permits required
for public demonstrations continue to be routinely granted.
Political parties, trade unions, and private organizations
function and hold meetings and rallies without hindrance.
c. Freedom of Religion
There is full freedom of religion. While the Anglican and
Methodist faiths have traditionally predominated, there are
numerous other active religious denominations and organizations
throughout the country, including Muslims and Rastafarians.
Foreign missionaries of various faiths proselytize freely.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Citizens and legal residents move freely within Barbados and
leave and enter the country without restriction.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens have this right in law and exercise it in practice.
Political parties freely compete in fair elections by secret
ballot at least every 5 years. There are no impediments to
participation in the political process, and all Barbadians over
age 18 may vote. The present Democratic Labour Party (DLP)
Government, in power since 1986, won the January 1991
parliamentary elections with a majority of 18 out of the 28
seats. (One DLP member resigned from the party in 1993 and
remained in Parliament as an independent.) The main opposition
party, the Barbados Labour Party (BLP), won 10 seats. A
Cabinet of ministers appointed by the Prime Minister exercises
executive power, balanced by a bicameral Parliament and the
judiciary system. Women are well represented at all but the
uppermost levels of government and politics.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Local groups involved with human rights matters operate freely
and without government hindrance. Caribbean Rights, a
Caribbean-wide human rights organization, has its headquarters
and a small staff in Barbados, and it investigates and reports
on allegations of human rights violations throughout the region.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The Constitution provides for equal treatment under the law,
regardless of race, religion, or sex.
Women
Women actively participate in all aspects of national life and
are well-represented at all except the uppermost levels of both
the public and private sectors. They form a large percentage
of heads of household in Barbados and are not discriminated
against in public housing or other social welfare programs.
However, women's rights groups continued to single out violence
against women and children as a significant social problem in
Barbados. They reported that the incidence of sexual assaults,
domestic violence, incest, and rape among family members
increased, despite the fact that there is still some reluctance
on the part of victims to report such incidents. There are
public and private counseling services for domestic violence,
rape, suicide, and child abuse.
The 1992 Domestic Violence Law specifies the appropriate police
response to domestic violence, intended to protect all members
of the family, including men and children, and applies to common
law relationships as well as married people. Criminal penalties
for violent crimes are the same, regardless of the sex of the
offender or the victim. In cases of domestic violence, courts
typically issue restraining orders if requested by the victim,
the breach of which is punishable by a jail sentence. The
courts heard a number of cases of domestic violence against
women involving assault or wounding. Human rights monitors
criticized the inconsistency in sentencing for rape, incest,
and statutory rape, which is often left to the discretion of
the judge. The lack of sentencing guidelines resulted in
longer sentences being handed down for persons accused of petty
theft than for incest; and lesser sentences for incest than for
rape or sexual assault of nonfamily members.
Children
The Government is committed to children's human rights and
welfare. The Child Care Board is the key agency responsible
for monitoring and responding to the critical welfare needs,
interests, and rights of children. Recent incidents of
statutory rape and child abuse have received greater press
attention and more serious government denunciations than were
typical in the 1980's. As noted above, local women's groups
say that violence against children remains a serious problem.
People with Disabilities
There is neither local legislation nor regulations within the
Labor Code which prohibit discrimination against the physically
disabled in employment, education, or the provision of other
state services. The Handicapped Section of the Labour
Department, which is concerned with finding jobs for the
disabled, unsuccessfully advocated the introduction of such
legislation in the 1980's. Similarly, there is no legislation
mandating provision of handicapped access to public
thoroughfares or public or private buildings. However, there
are interest groups that have lobbied for this type of
legislation from time to time, but so far without success.
Section 6 Worker Rights
a. The Right of Association
Workers have the right to form and belong to trade unions and
to strike, and they freely exercise these rights. There are
two major unions and several smaller ones, representing various
sectors of labor. The civil service union, the National Union
of Public Workers (NUPW), is completely independent of any
political party or the Government. The largest union, the
Barbados Workers' Union (BWU), was historically closely
associated with the governing Democratic Labour Party.
However, in February Leroy Trotman, BWU General Secretary and
president of the Caribbean Congress of Labor, resigned from the
DLP while remaining in Parliament as an independent
representative. Trotman resigned because of a perceived
conflict between his role as union leader and his role as
parliamentarian. The latter required him to support the
Government's economic stabilization and austerity measures
which were viewed as setting back union achievements and
harming workers. Nevertheless, Trotman's deputy in the BWU
remained a government backbencher in Parliament.
Trade unionists' personal and property rights are given full
protection under law. Strikes are prohibited only in the water
and electric utilities and among the security forces; all other
private and public sector employees are permitted to strike.
There was less industrial action in 1993 than 1992, despite
severe cutbacks in personnel in the private sector. In the
public sector, wage cuts, layoffs, and efforts to privatize
state-run enterprises continued. In the summer, public,
private, and union sector leaders signed a tripartite wage
policy accord that called for a 2-year wage freeze. Any
increases in wages will be tied to productivity increases by
particular workers or by particular enterprises. Some critics
argued that the wage policy undermined the right of unions to
bargain collectively because it forestalled any new companywide
or industrywide negotiations for wage and benefit increases.
Trade unions are free to form federations and are in fact
affiliated with a variety of regional and international labor
organizations. The main regional labor organization, the
Caribbean Congress of Labor, has its headquarters in Bridgetown
and conducts many of its seminars and other programs in
Barbados.
b. The Right to Organize and Bargain Collectively
The right to organize and to bargain collectively is provided
by law and respected in practice. In 1992 over 25 percent of
the working population was organized, but a major loss of jobs
in the economy has resulted in a reduction in union membership.
The BWU reported that it alone lost about 2,000 members in 1993
in the transport, private, and public sectors as a result of
economic conditions. Normally, wages and working conditions
are negotiated through the collective bargaining process, but
this was influenced by the tripartite wage accord described
above.
Employers have no legal obligation to recognize unions under
the Trade Union Act of 1964, but most do so when a majority of
their employees signify a desire to be represented by a
registered union. While there is no specific law prohibiting
antiunion discrimination, the courts provide a method of redress
for employees alleging unfair dismissal. The courts commonly
award monetary compensation but rarely order reemployment.
There are no manufacturing or special areas where collective
bargaining rights are legally or administratively impaired.
Barbados has no specially designated export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by the Constitution
and does not exist.
d. Minimum Age for Employment of Children
The legal minimum working age of 16 is generally observed.
Minimum age limitations are reinforced by compulsory primary
and secondary education policies, which require school
attendance until age 16. Occasionally, especially among
migrant worker families, children assist in agricultural
production during peak season. The Labour Department has a
small cadre of labor inspectors who conduct spot investigations
of enterprises and check records to verify compliance with the
law. These inspectors are authorized to take legal action
against an employer who is found to have underage workers.
e. Acceptable Conditions of Work
Minimum wages for specified categories of workers are
administratively established and enforced by law. Only two
categories of workers have a formally regulated minimum wage--
household domestics and shop assistants (entry level commercial
workers). Household domestics receive a minimum wage of about
$32.50 (bds $65.00) per week. There are two age-related
minimum wage categories for shop assistants. The adult minimum
wage for shop assistants is $1.87 (bds $3.75) per hour; the
juvenile minimum wage for shop assistants is $1.62 (bds $3.25)
per hour. Agricultural workers (i.e., sugar plantation
workers) receive a minimum wage as a matter of practice, but
such compensation is not found in legislation.
The minimum wage for shop assistants is marginally sufficient
to meet minimum living standards; most employees earn more. In
1992 an International Labor Organization (ILO) Committee of
Experts (COE) cited Barbados for not adhering to the ILO
convention on equal remuneration in its wage differentials in
the sugar industry. The COE admonished the Government to
ensure the application of the principle of equal remuneration
for work of equal value to male and female workers in the sugar
industry or to provide further information on job descriptions
which might justify such wage distinction. This case was not
resolved at year's end.
The standard legal workweek is 40 hours in 5 days, and the law
requires overtime payment for hours worked in excess of that.
Barbados accepts ILO conventions, standards, and other sectoral
conventions regarding maximum hours of work. However, there is
no general legislation that covers all occupations. Workers
are guaranteed a minimum of 3 weeks' annual leave. All workers
are covered by unemployment benefits legislation, and by
national insurance (social security). A comprehensive
government-sponsored health program offers subsidized treatment
and medication.
Under the Factories Act of 1983, which sets out the officially
recognized occupational safety and health standards, the
Department of Labour enforces health and safety standards and
follows up to ensure that problems cited are corrected by
management. Workers have a limited right to remove themselves
from dangerous or hazardous job situations without jeopardizing
their continued employment. The Factories Act requires that in
certain sectors firms employing more than 50 workers set up a
safety committee. This committee can challenge the decisions
of management concerning the occupational safety and health
environment. Recently, however, trade unions called on the
Government to increase the number of factory inspectors in
order to enforce existing and proposed safety and health
legislation more effectively, and to follow up to ensure that
problems cited are corrected by management. Government-operated
corporations in particular were accused of doing a "poor job"
in health and safety; the Government promised to undertake
inspections of government-run corporations and manufacturing
plants as a priority. (###)
[end of document]
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