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TITLE: ST. VINCENT AND GRENADINES HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
ST. VINCENT AND THE GRENADINES
A member of the Commonwealth of Nations, St. Vincent and the
Grenadines is a parliamentary democracy. After defeating the
incumbent St. Vincent Labour Party in 1984 elections, Prime
Minister James F. Mitchell and his New Democratic Party won all
15 parliamentary seats in general elections held in May 1989.
Although some concern was voiced about the resulting absence of
any parliamentary opposition, the elections were judged to be
free and fair. New elections are to be held by August 1994.
The Royal St. Vincent Police, the only security force in the
country, includes a coast guard and a small Special Services
Unit with some paramilitary training. The force is controlled
by and responsive to the civilian government and generally
maintains standards of professionalism that place a high value
on respect for human rights.
St. Vincent has a young population, a high rate of illiteracy,
and serious unemployment, possibly as high as 40 percent. The
major export product is bananas, which also represents the
major source of foreign exchange earnings. St. Vincent's
efforts toward nontraditional economic diversification have met
with some success in new agricultural products, tourism
expansion, and in industrial sectors.
The country's human rights problems continued to include police
use of physical abuse to extract confessions and a backlog of
cases in the overburdened court system.
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 political killings and no reports of fatal
shootings by the police in 1993.
b. Disappearance
There were no reports of disappearance.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution prohibits torture and other forms of cruel,
inhuman, or degrading treatment or punishment, and there were
no reports of such practices in 1993. However, a very high
percentage of convictions (estimated at 95 percent by the
regional human rights group, Caribbean Rights) is based on
confessions. This has led to credible charges that physical
abuse by law enforcement officials during incarceration is
sometimes used to extract confessions.
One case of police misconduct occurred in August 1992 when a
female police constable was found guilty of assaulting four
ward assistants in a hospital in Kingstown. The women were
subjected to vaginal searches in response to a report of
missing money by another hospital employee, then taken to a
police station but never arrested or charged. This incident
sparked a public outrage, and the constable was ordered to pay
the complainants, which she did.
Prison facilities are inadequate. Overcrowding and unsanitary
conditions remain serious problems.
d. Arbitrary Arrest, Detention, or Exile
According to the Constitution, persons detained for criminal
offenses are entitled to a fair hearing within a reasonable
time by an impartial court. The Government has made progress
in addressing the problem of slow administration of justice
resulting from a backlog of cases. In 1993 the Government
increased from two to four the number of magistrates in an
attempt to reduce the backlog. The backlog at year's end was
21 cases; of over 300 people in jail, fewer than 20 were
awaiting trial.
Instances of arbitrary arrest, detention, or exile were not
reported.
e. Denial of Fair Public Trial
The Constitution provides for public trials before an
independent and impartial court. Criminal defendants are
entitled to select their own legal counsel. Indigent defendants
are provided with court-appointed attorneys only when the
defendant is charged with a capital offense. Defendants are
presumed innocent until proven guilty and may appeal cases to a
regional high court system and ultimately to the Privy Council
in the United Kingdom. There are no separate security or
military court systems. There are no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution prohibits arbitrary search and seizure or
other government intrusions into the private life of individual
citizens. In 1993 there were no reports of such abuses.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and the press.
There are two major newspapers and numerous smaller, partisan
publications; all are privately owned, and most are openly
critical of the Government's policies. In general, the
Government does not censor or otherwise interfere with the
operation of the press. In 1990, however, the Government
withdrew its own advertisements and official notices from the
country's leading newspaper to protest the paper's critical
treatment of government officials. In 1988 the government-
owned radio station canceled a program that the Government
considered provocative; the station, with the Government's
approval, agreed late in 1989 to reinstate the program, but
this has not been done to date. The Government supervises the
content of the station's programming, a fact that is often
noted by opposition political parties. While the opposition
and human rights monitors also complain that they are denied
equal access to radio airtime, St. Vincent's television station
is privately owned, and its policies regarding coverage of
opposition views and political matters in general are
considered to be even-handed.
b. Freedom of Peaceful Assembly and Association
These freedoms are provided for in the Constitution and
respected in practice.
c. Freedom of Religion
All religions are free to practice and proselytize.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
These rights are provided for by law and honored in practice.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Notwithstanding the New Democratic Party's clean sweep of all
15 parliamentary seats in the May 1989 elections, St. Vincent
has a genuine multiparty political system, with three major
parties. St. Vincent's parliamentary system is based on the
Westminister model. However, the incumbent Governor General,
supported by the Government, refused to appoint the two
opposition members to the Senate as called for by the
Constitution. He contended that because there is currently no
parliamentary opposition and therefore no leader of the
opposition, consultations concerning these appointments could
not take place. Elections must be held at least every 5 years,
by secret ballot, with universal suffrage. Opposition
allegations of irregularities in some recent elections have not
been substantiated.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Opposition political groups and the Vincentian press often
comment on human rights matters of local concern. The St.
Vincent Human Rights Association, affiliated with the regional
body Caribbean Rights, closely monitors government and police
activities, especially with respect to treatment of prisoners,
publicizing any cases of abuse. In 1990 it published a booklet
on the administration of justice which focused on the delays in
the court system and offered a number of recommendations. The
Government's response was to appoint an additional (part-time)
judge.
The Government is generally responsive to public and private
inquiries about its human rights practices.
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, sex, or religion, and the Government
adheres to this provision.
Women
In 1989 the Government took a significant step forward in terms
of wage scales for women by adopting a new minimum wage law
calling for equal pay for equal work. The law went into effect
during 1990. Violence against women occurs in St. Vincent, but
the Government has failed to take steps to determine the
seriousness of the problem. Penalties for violent crimes
against women are identical to those involving acts of assault
perpetrated against men. Depending on the magnitude of the
offense and the age of the victim, the penalty for rape is
generally 10 or more years in prison. Although some victims of
domestic violence such as wife beating are reluctant to press
charges, women are increasingly willing to report such
incidents to the police and the National Council of Women. The
Ministry of Education, Youth, and Women's Affairs has a women's
desk which assists the National Council of Women with seminars,
training programs, and public relations.
Children
During 1993 the Government ratified the U.N. Convention on the
Rights of the Child. However, the Parliament has not yet
passed laws to bring local statutes into compliance with the
Convention. The Social Welfare Office is the government agency
responsible for monitoring and protecting the welfare of
children. The police are the enforcement arm--all reports of
child abuse made to the Social Welfare Office are referred to
the police for action. Marion House, a social services agency
established by the Catholic Church in 1989, provides counseling
and therapy services. Its director says that, while the
reported level of cases has increased, it is difficult to
determine whether this reflects more incidents or increased
awareness leading to more reporting. She contends that the
problem of child abuse is still underreported. The legal age
of consent in St. Vincent is 15.
People with Disabilities
Fiscal considerations limit support for persons with
disabilities. There is no specific legislation covering those
with disabilities. Most severely handicapped people rarely
leave their house because of the poor road system and lack of
affordable wheelchairs. The Government partially supports a
school for the disabled which has two branches. A separate,
small rehabilitation center treats about five persons daily.
Section 6 Worker Rights
a. The Right of Association
By law, Vincentians have the right to form unions, organize
employees, and strike; these rights are generally respected in
practice. However, there is no legislation for compulsory
recognition of trade unions. Unions are independent of the
Government and of political parties. Somewhat more than 10
percent of the labor force is unionized, and no new unions were
formed in 1993. There were no major strikes in 1993. Unions
are free to form federations and to affiliate with
international labor bodies, and they do so.
b. The Right to Organize and Bargain Collectively
There are no legal obstacles to organizing unions; however,
employers are not legally bound to recognize a particular union
as an exclusive bargaining agent. Some companies offer
packages of benefits with terms of employment better than, or
comparable to, what a union can normally obtain through
negotiations. The law prohibits antiunion discrimination by
employers against union members and organizers. Generally
effective mechanisms exist for resolving complaints. Employers
found guilty of antiunion discrimination can be prosecuted for
firing workers without cause (including for participation in
union activities), and workers must be reinstated.
There are no export processing zones in St. Vincent.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is illegal and does not exist.
d. Minimum Age for Employment of Children
The law sets the minimum working age at 16, although a worker
must be 18 to receive a national insurance card. This
provision, monitored and enforced by the labor inspection
office of the Ministry of Labour, is generally respected in
practice. There is no known child labor except for children
working on family-owned banana plantations, particularly during
harvest time.
e. Acceptable Conditions of Work
Minimum wages are set by law and were last promulgated in
1989. They vary by sector and type of work and are specified
for several skilled categories, including attendants, packers,
cleaners, porters, watchmen, clerks, etc. In agriculture the
wage for workers provided shelter is $0.82 (EC$2.25) per hour;
skilled industrial workers earn $7.36 (EC$20) per day, and
unskilled workers earn $3.68 (EC$10) per day. In many sectors
the minimum wage is not sufficient to provide a decent standard
of living for workers and their families, but most workers earn
more than the minimum. There is no legislation concerning the
length of the workweek; however, the general practice is to
work 40 hours in 5 days. Workers are guaranteed a minimum
annual vacation of 2 weeks.
According to the Ministry of Labour, legislation concerning
occupational safety and health is outdated. The most recent
legislation, the Factories Act of 1955, has some regulations
concerning only factories, but enforcement of these regulations
is ineffective due to a lack of inspectors.
[end of document]
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