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TITLE: GRENADA HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
GRENADA
Grenada has a parliamentary form of government, with a Governor
General as titular Head of State. When no political party
received a clear majority in elections held on March 13, 1990,
the Governor General appointed Nicholas Brathwaite as Prime
Minister, who successfully formed a majority Government around
National Democratic Congress (NDC) parliamentarians. The next
elections must be held by March 1995.
The 750-member Royal Grenada Police Force (RGPF) is responsible
for maintaining law and order. It is controlled by and
responsive to civilian government authorities.
Grenada has a small free market economy based upon agriculture
and tourism. Over the past several years, economic growth
dropped to 3 percent, and the country experienced persistent
fiscal imbalances. This forced the Government to initiate a
structural adjustment program in February 1992, aspects of
which remained unpopular.
Grenadians enjoy a wide range of civil and political rights.
Human rights problems included allegations of police brutality
in the course of criminal investigations, incidents of domestic
violence against women, and abuse of children.
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 politically motivated or other
extrajudicial killings.
b. Disappearance
There were no reports of politically motivated disappearances
or abductions.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution specifically prohibits torture, and there were
no reported incidents of torture in 1993. The press
occasionally reported individual claims of police brutality,
some of which arose following the complainants' alleged
attempts to resist arrest. Officers under the supervision of
the Police Commissioner investigated a few complaints, but no
results were released. Claims deemed valid can result in
disciplinary action by the Police Commissioner, which can
include dismissal from the force. No cases of police brutality
were brought before the courts in 1993. Claims can also be
pursued in the courts. The Police Commissioner has spoken out
strongly against police use of unlawful force.
A citizen prison visitation committee formed in 1990 to monitor
conditions at Grenada's Richmond Hill Prison, especially in
regard to the treatment accorded Bernard Coard and accomplices
convicted of the 1983 murder of Prime Minister Maurice Bishop.
It last met in March 1993 and found no evidence of inhuman
treatment of prisoners. The committee plans no further visits.
Flogging, a legal form of punishment, is rare but has been used
recently in sex crime and theft cases.
d. Arbitrary Arrest, Detention, or Exile
According to law, police have the right to detain persons on
suspicion without a warrant, but formal charges must be brought
within 48 hours. This time limit is adhered to in practice.
If the detainee is not charged within this time, he must be
released. In 1993 no one was detained for political reasons.
The law provides for a judicial determination of the legality
of detention within 15 days after arrest on a criminal charge.
Formal arraignment or release of the arrestee must be decided
within 60 days. These procedures were generally followed.
There is a functioning system of bail, although those charged
with capital offenses are not eligible. Persons charged with
treason may be accorded bail only upon recommendation of the
Governor General.
Exile is not practiced.
e. Denial of Fair Public Trial
The right to a fair public trial is provided for by law and is
observed in practice. There is a presumption of innocence, and
individuals are protected against self-incrimination. Police
are required to explain a person's rights upon arrest, and the
accused has the right to remain silent and to seek the advice
of legal counsel. The lawyer has the right to be present
during interrogation and may advise the accused how to respond
or not to respond to questions. An accused has the right to
confront his accuser.
Those arrested on criminal charges are brought before an
independent judiciary; the court will appoint attorneys for
indigents only in cases of murder or other capital crimes. In
other criminal cases that reach the appellate stage, the court
will similarly appoint a lawyer to represent the accused if he
was not previously represented or reappoint the defendant's
earlier counsel if the appellant can no longer afford the
lawyer's services. Following a determination by a judicial
hearing that there is sufficient evidence to substantiate a
criminal charge, the defendant is remanded for trial. Due to
the backlog of cases caused by a shortage of judges and
facilities, up to 6 months can pass before those charged with
serious offenses are brought to trial before the High Court.
With the exception of murder and foreign-born drug suspects,
most defendants are granted bail while awaiting trial.
Grenada rejoined the Organization of Eastern Caribbean States'
(OECS) judicial system in 1991. By doing so, the Grenada
Supreme Court, which had been instituted in 1979 as the highest
judicial authority with jurisdiction over Grenadians, ceased to
exist for that function. It is now the Supreme Court of
Grenada and the West Indies Associated States. Under the OECS
system, appeals may be made to the Privy Council in London.
There are no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
There were no reports of these types of arbitrary
interference. Judicially issued warrants for searching homes
are normally required by law except in cases of hot pursuit.
Other exceptions are contained in the Firearms Act of 1968 and
the Drug Abuse Prevention Act No. 7 of 1992, which give the
police and security units legal authority to search persons and
property without warrants in certain circumstances. In
practice, warrants are obtained in the majority of cases before
a search is conducted.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press is provided for by the Constitution
and is freely exercised. There are four weekly newspapers and
several newspapers which publish irregularly. One is affiliated
with an opposition political party, but the three most widely
circulated newspapers are independent and are frequently
critical of the Government. The newspapers frequently carry
press releases by the opposition parties, one of which
regularly provided a weekly column expressing its views.
Grenada has four radio stations. The main station is part of
the Grenadian Broadcasting Corporation (GBC), a statutory body
not under direct government control. Grenada's main television
station is also part of the GBC. A privately owned television
station began broadcasting in 1992, and a cable company began
operating in the capital area with plans to expand eventually
throughout the country. There is no formal policy on paid
political broadcasts. Throughout 1993, however, the television
news often carried reports on opposition activities.
b. Freedom of Peaceful Assembly and Association
Grenadians enjoy the right to assemble for any peaceful
purpose. Supporters of political parties meet frequently and
hold public rallies; permits are required for the use of a
public address system but not for public meetings themselves.
c. Freedom of Religion
All groups enjoy freedom of religion. The Roman Catholic and
Anglican faiths predominate.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There is freedom of movement within Grenada, and all citizens
have the right to enter and leave the country except in special
circumstances as outlined in and limited by the 1986 Act to
Restrict the Freedom of Movement of Certain Persons. This law
allows the Minister for National Security to restrict travel
out of Grenada by any person whose aims, tendencies, or
objectives include the overthrow of the democratic and
parliamentary system of government; it has not been invoked in
the past few years. Anyone so restricted may appeal after
3 months to an independent and impartial tribunal, presided
over by an accredited lawyer chosen by the Chief Justice.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Constitution provides for the right of citizens to change
their government through free and fair elections to be held at
least every 5 years. It provides that Parliament sit no longer
than 5 years and that elections be called within 3 months of
its dissolution. Grenadians held national elections in 1984
and 1990. The political system is not dominated by any
particular ethnic group, nor are there any restrictions that
limit participation of any elements of the population. Two of
the 15 elected members of Parliament are women, as well as 2 of
the 13 appointed Senators, 1 of whom is Senate president.
Women account for five of the nine permanent secretaries, the
highest civil service position in each Ministry; in addition, a
woman is the Cabinet secretary, the highest civil service
position in Government.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Local human rights groups operate without government
restriction, and the Government cooperates with visits from
international human rights organizations.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
There is no evidence of official discrimination in health care,
employment, or education. Women frequently earn less than men
performing the same work; such wage differences are less marked
for the more highly paid jobs. Knowledgeable women's rights
activists report that violence against women in Grenada is
common and that most cases of spouse abuse go unreported to
police authorities. The police confirm that most cases of
alleged abuse are not reported and others are settled out of
court. Grenadian law stipulates a sentence of 15 years'
imprisonment for a conviction of rape. Sentences for assault
against a spouse vary according to the severity of the incident.
The Department of Women's Affairs circulated for review by
concerned groups throughout the country model legislation on
equal opportunity and treatment in employment which was
proposed by the Caribbean Community Secretariat. The model
legislation has since been submitted to the Ministry of Legal
Affairs for appropriate redrafting. The legislation seeks to
provide remedies against discrimination on the grounds of sex,
marital status, and pregnancy in employment, education, and the
provision of goods, services, and facilities. It also seeks to
confer obligations on spouses to maintain each other and on
parents to maintain minor children. In addition, the model
legislation provides for attachment of earnings in cases where
a respondent fails to comply with a legal maintenance order.
The Department of Women's Affairs also began a "gender
education program" to better the welfare of women through
economic and self-improvement programs.
Children
The Social Welfare Division within the Ministry of Labour
provides probationary and rehabilitative services to youths;
day care services and social work programs to families;
assistance to families wishing to adopt or foster children; and
financial assistance to the three children's homes in Grenada
run by private organizations. In 1991 the Government passed
the "Child is a Child" Act granting equal status under the law
to children born out of wedlock. This Act is particularly
important in cases of inheritance rights following the death of
natural fathers.
In 1992 the Ministry of Education and the Labour Ministry's
Office of Social Affairs, in association with several
nongovernmental organizations (NGO's), conducted a
comprehensive children awareness program which brought to light
incidents of child abuse in society. Grenadian laws provide
for harsh penalties against those convicted of child abuse and,
in 1993, the Government passed a law disallowing the victim's
alleged "consent" as a defense in cases of incest. In October
the National Coalition on the Rights of the Child, comprised of
government ministries and NGO's, was formed as part of a
regional initiative to implement the U.N. Convention on the
Rights of the Child.
People with Disabilities
Job-seekers with disabilities are discriminated against, except
for those with unique and marketable skills. The National
Council for the Disabled, which receives a small amount of
financial assistance from the Government, was instrumental in
placing visually impaired students into community schools,
which in some cases previously were reluctant to accept them.
There are no accessibility ramps into public buildings for
persons using wheelchairs. The Council has lobbied Government
to pass a law requiring such access, and the Government is
studying draft legislation to that effect. The Grenada Society
of the Blind sponsors a retail outlet for wicker and handicraft
items produced by disabled individuals.
Section 6 Worker Rights
a. The Right of Association
Workers are free to organize independent labor unions. Labor
Ministry officials estimate the percentage of the work force
that is unionized to be between 20 and 25 percent. Union
leaders play a significant role in the political process, and
one labor leader serves in the Senate.
While workers in the private sector are free to strike at will,
workers in the public sector must give advance notice. There
were several incidents of industrial action including strikes
in 1993, but all were short-lived and settled with the
intervention of the Ministry of Labour. All unions were free
of government control, and none was given government financial
support. All the major unions in Grenada belong to one
umbrella labor federation, the Grenada Trades Union Council
(GTUC), which holds annual conventions and determines some
policies for member unions. The GTUC and its unions freely
affiliate with regional and international trade union groups.
b. The Right to Organize and Bargain Collectively
Workers are free to organize and to participate in collective
bargaining. Legislation compels employers to recognize a union
that represents the majority of workers in a particular
business. The law prohibits antiunion discrimination by
employers against union members and organizers. If a complaint
of discrimination arises, mechanisms exist for attempting to
resolve it. After all avenues for resolving a complaint have
been exhausted between union representatives and employers,
both sides may agree to ask for the assistance of the Labour
Commissioner. If the Labour Commissioner is unable to find a
resolution to the impasse, the Minister of Labour may appoint
an arbitration tribunal if both parties agree to abide by its
ruling. While employers found guilty of antiunion
discrimination are required to rehire dismissed employees, in
most cases the employee accepts the option of compensation
rather than return to work, citing possible further problems
with the employer. No such cases took place in 1993, however.
Unions may organize and bargain anywhere in the country,
including in the one export processing zone (EPZ), which is not
exempted from Grenada's labor legislation. However, no EPZ
firm is presently unionized; the one firm previously unionized
has since shut down its Grenada-based operations.
c. Prohibition of Forced or Compulsory Labor
The Constitution specifically prohibits forced labor, and no
such instances were reported in 1993.
d. Minimum Age for Employment of Children
The statutory minimum age for employment of children, 16 years,
is enforced in the formal sector by periodic checks made by
inspectors from the Ministry of Labour. Enforcement efforts in
the informal sector are lax.
e. Acceptable Conditions of Work
Legislated minimum daily wage rates, most recently revised in
1990, are set for the agricultural, industrial, and commercial
sectors. Minimum wages for workers vary according to
profession; for farm laborers it is $4.80-5.20 (EC$13-14) per
day and $31.50 (EC$85) per day for masons. Hotel worker wages
vary from $148-259 (EC$400-700) per month for housekeepers to
$444-556 (EC$1,200-1,500) per month for administrators. Most
workers, including nonunionized ones, receive other benefits
from their employers through the collective bargaining
agreements reached with that firm's unionized workers, but even
when these benefits are added to wages from a full-time minimum
wage job, it is barely enough to provide a decent standard of
living. The law does not prescribe a set number of hours as
the standard workweek, except for the public sector which is
expected to work a 40-hour week Monday through Friday.
However, the normal workweek in all sectors seldom exceeds 40
hours, although in the commercial sector this includes Saturday
morning work. Health and safety standards set by the Government
are minimal and not effectively enforced. Laws on working
conditions and their enforcement apply equally to the EPZ.
[end of document]
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