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TITLE: GRENADA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
GRENADA
Grenada is a parliamentary democracy, with a Governor General
as titular Head of State. When no political party received a
clear majority in the 1990 elections, the Governor General
appointed Nicholas Brathwaite as Prime Minister. He
successfully formed a majority government around National
Democratic Congress (NDC) parliamentarians. The next elections
must be held by July 1995.
The 750-member Royal Grenada Police Force is responsible for
maintaining law and order. It is controlled by and responsive
to civilian authorities.
Grenada has a small free market economy based upon agriculture
and tourism. The real economic growth rate was about 2.1
percent in mid-1994, in comparison with 1.0 percent in 1993.
Grenadians enjoy a wide range of civil and political rights.
Human rights problems included allegations of police brutality
in the course of criminal investigations, but there were no
documented cases. The Commissioner of Police handles
perceptions of police abuse swiftly and effectively.
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 1994. The press
occasionally reported individual claims of police brutality,
some of which arose following the complainants' alleged
attempts to resist arrest. The Police Commissioner supervised
officers investigating a few complaints, but did not release
any results. No one brought a case of police brutality before
the courts in 1994. The Police Commissioner can discipline
officers in valid cases of brutality with penalties which may
include dismissal from the force. The Police Commissioner has
spoken out strongly against police use of unlawful force.
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, the police have the right to detain persons
on suspicion without a warrant, but they must bring formal
charges within 48 hours. The police adhered to this time limit
in practice. If the police do not charge a detainee within 48
hours, they must release the person.
The law provides for a judicial determination of the legality
of detention within 15 days after arrest on a criminal charge.
The police must formally arraign or release a detained person
within 60 days, and the authorities generally followed these
procedures. There is a functioning system of bail, although
persons charged with capital offenses are not eligible.
Persons charged with treason may be accorded bail only upon
recommendation of the Governor General.
In 1994 no one was detained for political reasons. Exile is
not practiced.
e. Denial of Fair Public Trial
The law provides for the right to a fair public trial, and the
authorities observe it in practice. There is a presumption of
innocence, and the law protects persons against
self-incrimination and requires the police to explain a
person's rights upon arrest. 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. The accused has the right to confront his accuser.
Those arrested on criminal charges are brought before an
independent judiciary. Following a determination by a judicial
hearing that there is sufficient evidence to substantiate a
criminal charge, the judge remands the defendant for trial.
The court appoints 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. 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 face trial in the High Court. With the
exception of murder and foreign-born drug suspects, the courts
grant most defendants bail while awaiting trial.
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.
There are no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides for protection from these abuses, and
there were no reports of such actions. The law generally
requires judicially issued warrants for searching homes, except
in cases of hot pursuit. The Firearms Act of 1968 and the Drug
Abuse Prevention Act No. 7 of 1992 contain other exceptions
which give the police and security units legal authority to
search persons and property without warrants in certain
circumstances. In practice, police obtain warrants in the
majority of cases before conducting any search.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and press, and
the Government does not restrict these rights. There are four
weekly newspapers and several newspapers which publish
irregularly. One of the weeklies 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 provides a weekly column expressing the opposition
party's 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. Throughout 1994 the television news
often carried reports on opposition activities.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for 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
The Constitution provides for freedom of religion, and the
Government respects this provision.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution provides for freedom of movement within the
country, 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.
The Chief Justice appoints an accredited lawyer to preside over
such a tribunal.
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 elections to be held at least every 5
years. It provides that Parliament sit no longer than 5 years
and that the Governor General call elections within 3 months of
its dissolution. Grenadians held national elections in 1984
and 1990.
There are no restrictions in law or practice on participation
by women in government and politics. 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
the 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
The Constitution prohibits discrimination based upon race,
place of origin, political opinions, color, creed, or sex, and
the Government generally adheres to these provisions.
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
monitors report that violence against women in Grenada is
common and that most cases of spouse abuse go unreported. 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.
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.
The Government reported 47 cases of child abuse through
September. The law provides for harsh penalties against those
convicted of child abuse and disallow the victim's alleged
"consent" as a defense in cases of incest.
People with Disabilities
The law does not protect job-seekers with disabilities from
discrimination in employment, nor does it mandate provision of
accessibility for public buildings or services. 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.
The Council also approached architects to assist in
construction of ramps at various hotels and public buildings,
and ramps have already been installed at some hotels.
Section 6 Worker Rights
a. The Right of Association
All workers are free to organize independent labor unions.
Labour 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 1994, but all were short-lived and settled with the
intervention of the Ministry of Labour. All unions were free
of government control, and none received 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 requires 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 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. The law
requires employers found guilty of antiunion discrimination to
rehire dismissed employees, but in most cases the employee
accepts the option of compensation rather than return to work.
No such cases took place in 1994.
Unions may organize and bargain anywhere in the country,
including in export processing zones (EPZ's), which are not
exempted from Grenada's labor legislation. However, the one
unionized firm previously operating in an EPZ closed its
Grenada-based operations.
c. Prohibition of Forced or Compulsory Labor
The Constitution specifically prohibits forced labor, and there
were no reports of it.
d. Minimum Age for Employment of Children
The statutory minimum age for employment of children is 16
years. Inspectors from the Ministry of Labour enforce this
provision in the formal sector by periodic checks. Enforcement
efforts in the informal sector are lax.
e. Acceptable Conditions of Work
Legislation sets minimum daily wage rates for the agricultural,
industrial, and commercial sectors. Most recently revised in
1990, minimum wages vary from $4.80 (EC$13) per day for farm
laborers to $556 (EC$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. Even
when these benefits are added to wages from a full-time minimum
wage job, it is insufficient 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. The
normal workweek in all sectors seldom exceeds 40 hours,
although in the commercial sector this includes Saturday
morning work.
The Government sets health and safety standards, but they are
minimal, and the authorities do not effectively enforce them.
Workers can remove themselves from dangerous workplace
situations without jeopardy to continued employment.
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