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TITLE: ST. KITTS AND NEVIS HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
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 if certain enumerated
procedures are followed. The country is governed by a Prime
Minister, a Cabinet, and a Legislative Assembly. General
elections must be called at least every 5 years. The Governor
General, with largely ceremonial duties, is the titular Head of
State. In national elections held on November 29, Prime
Minister Kennedy Simmonds and his People's Action Movement won
four parliamentary seats. The St. Kitts Labor Party, led by
Dr. Denzil Douglas, also won four seats and polled a majority
of the popular votes. However, Prime Minister Simmonds 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 police were
unable to contain violence after the disputed elections, but
members of the Regional Security System (RSS) from neighboring
Eastern Caribbean islands restored order.
St. Kitts and Nevis has a mixed economy 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 1993.
However, the Governor General imposed a state of emergency
following violent protest demonstrations over the appointment
of the minority coalition Government. The 12-hour curfew also
imposed was gradually lifted, and the state of emergency was
withdrawn after 14 days. The Government continued to restrict
access of the political 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
There were no reports of political or extrajudicial killings.
b. Disappearance
There were no reports of disappearances.
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.
Even under the special powers granted during the 14-day state
of emergency, detainees were afforded their constitutional
rights to a court appearance within 48 hours. Few curfew
violators were detained and less that 10 people were arrested
in connection with the demonstrations.
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
Neither the Government nor the police interfere arbitrarily in
the private lives of individuals. Judicially issued warrants
are required 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 these provisions are, for the most part, respected in
practice. However, the Government owns the only radio and
television station on St. Kitts, and these media generally did
not publicize adequately 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.
Organized demonstrations, rallies, and public meetings
sponsored by political parties occur regularly, usually taking
place without government interference. However, during 1993,
opposition parties complained of government intimidation at
political rallies in the form of excessive police presence or
armed nonparty supporters. After a postelection demonstration
turned violent, the Government imposed a state of emergency.
The state of emergency, aimed at crowd control and violence
avoidance, prohibited public gatherings of more than two people
and all political rallies. The state of emergency successfully
quelled the violence and was suspended after 14 days.
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
Travel inside and outside the country is unrestricted.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens are able 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. Before the November 29 elections, Prime
Minister Kennedy Simmonds' People's Action Movement (PAM) held
a majority of seats, but the dismissal of the Deputy Prime
Minister following charges of corruption and growing support
for the opposition St. Kitts Labour Party created a hotly
contested race for political leadership. The 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. However, since that
coalition represents less than half of the total seats in
parliament, it is vulnerable to a vote of no confidence by the
combined opposition parties.
The island of Nevis has considerable self-government and its
own legislature. In 1992 Vance Amory and the CCM won control
of the Nevis Assembly by defeating the Nevis Reformation Party,
which was closely allied with the PAM. The two national
parliament seats won by the CCM in the November 29 election
gave Amory the options of forming a government with either St.
Kitts party or joining the Labour Party to support a successful
no-confidence vote.
Although there are no de facto or de jure impediments to the
participation of women in leadership roles in government or
political parties, St. Kitts and Nevis has only one female
member of parliament. Women also 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
in 1993.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
The role of women in society is not restricted by law but is
circumscribed by culture and tradition. 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. According to a
Ministry 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 in 1993 and a
few convictions. A special police unit works closely with the
Ministry of Women's Affairs to investigate domestic violence
and rape cases. The Government does not condone abuse of women
and it is not a common practice.
Children
The Government has adopted through legislation most of the
provisions of the U.N. Convention on the Rights of the Child.
An estimated 20 percent of national revenue is allocated to
child development issues.
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 police, civil service, and
other organizations are permitted 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 1993. 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. Antiunion discrimination
is prohibited, but employers found guilty are not required 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
industry wide. The Labour Commission is prepared to mediate
all types of disputes, including over wages, rights, or
interests, 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 exist 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
Minimum wage rates for domestic servants and retail store
employees were established by law in 1984 and updated in 1989.
The minimum wage is $37.04 per week for domestic workers and
$33.33 per day 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. Most people live in extended families where
there may be more than one wage earner. The Labour Commission
undertakes regular wage inspections and special investigations
when complaints are received; employers found in violation are
required 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.
Workers are guaranteed 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. Disputes over safety conditions
are settled by the Labour Commissioner.
[end of document]
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