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TITLE: SAINT LUCIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
SAINT LUCIA
Saint Lucia is a multiparty, parliamentary democracy and a
member of the Commonwealth of Nations. Except for a hiatus
between 1979 and 1982, Prime Minister John Compton has led the
Government since 1964. His United Workers Party (UWP) defeated
the main opposition Saint Lucia Labour Party in 1987 and again
in 1992, and holds 11 seats in the 17-member House of Assembly.
The Royal Saint Lucia Police is the only security force and
includes a small unit called the Special Services Unit (which
has some paramilitary training) and a Coast Guard unit.
Although the police have traditionally demonstrated a high
degree of respect for human rights, some people arrested for
crimes or in jail alleged physical abuse by police and prison
officials.
The economy is based on tourism and on the export of bananas,
which represent the principal sources of foreign exchange
earnings. Saint Lucia is diversifying its economy into other
types of agriculture, light manufacturing, and construction.
Unemployment, estimated at 25 percent, remains a source of
potential instability.
The authorities generally respected human rights. Government
criticism of the media, violence against women, and a lack of
effective government children's rights programs continued to be
a problem.
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 other extrajudicial
killings.
In October 1993, paramilitary policemen killed two farmers
during a scuffle to clear a road blockade farmers had erected
to protest low banana prices. Although the Government began an
inquest into police actions in the matter in mid-December, at
year's end it had not issued a report.
In August 1992, a prison official in Castries shot dead an
inmate serving a 20-year sentence for rape, and then apparently
committed suicide. An official commission of inquest in early
1994 determined that the officer acted alone, and that the
killing was not politically motivated.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution specifically prohibits torture, and there were
no reports of such abuse. However, there was an increasing
trend of convictions based on confessions in recent years,
which may reflect an effort by police to force confessions
rather than use investigative approaches. As in past years,
there were occasional credible allegations of physical abuse of
prisoners by law enforcement officials prior to and during
incarceration. The Government has not taken any specific
action in response to these allegations.
d. Arbitrary Arrest, Detention, or Exile
The Government adheres to the constitutional provisions
prohibiting arbitrary arrest or imprisonment and requiring a
court hearing within 72 hours after detention. However, the
authorities frequently held prisoners for years "on remand"
after charging them (there is no constitutional requirement for
a speedy trial). There were no reports of arbitrary arrest or
forced exile.
e. Denial of Fair Public Trial
There are two levels of courts in St. Lucia: courts of summary
jurisdiction (magistrate's courts) and the High Court. Both
levels have civil and criminal authority. The lower courts
accept civil claims up to about $1,900 (EC$5,000) in value, and
criminal cases generally classified as "petty." The upper
court has unlimited authority in both civil and criminal
cases. All cases judged at the magistrate's or High Court
levels can be appealed to the OECS (Organization of East
Caribbean States) Court of Appeal. From there, cases may be
appealed to the Privy Council, in London, as the final court of
appeal.
The Constitution requires public trials before an independent
and impartial court and, in cases involving capital punishment,
provision of legal counsel for those who cannot afford a
defense attorney. In criminal cases not involving capital
punishment, defendants must obtain their own legal counsel.
Defendants are entitled to select their own legal counsel, are
presumed innocent until proven guilty in court, and have the
right of appeal. The authorities observe both constitutional
and statutory requirements for fair public trials.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
There were no reports of arbitrary intrusion by the Government
into the private lives of individual citizens. Authorities
consistently observed constitutional prohibitions against
arbitrary search, seizure, and entry.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although the Government generally respects constitutional
provisions for free speech and press, it occasionally
demonstrated open hostility toward both the print media and
radio. At the annual UWP convention in July, the Prime
Minister charged that both print and electronic media were
"biased and negative to the point of viciousness and
destructive." In September the Prime Minister announced that
he was taking government-owned and operated Radio Saint Lucia
off the air. He said the station, which had been censored in
1993 over a controversial call-in talk show, was running at a
financial loss, and that Government would allow it to resume
broadcasting if an appointed panel could determine that the
station could operate profitably. In general, the press does
not appear to practice self-censorship.
Three privately owned newspapers and two privately owned radio
stations cover a wide spectrum of political opinion and are
often highly critical of the Government. The one local
television station is also privately owned and covers a wide
range of views. In addition, the public can subscribe to cable
television service, which provides broadcasts from a variety of
sources.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of association and
assembly. The law requires permits for public meetings and
demonstrations if they are to be held in public places, such as
on streets or sidewalks or in parks. The police routinely
grant such permits; the rare refusal generally stems from the
failure of organizers to request the permit in a timely manner,
normally 48 hours before the event.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the
Government respects this right in practice. All religions are
free to maintain places of worship, establish religious
schools, and engage in the full range of activities normally
associated with religious organizations.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution provides for these rights, and the Government
respects them in practice.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens have the right to change their government. Saint
Lucia's parliamentary system provides for genuine choices among
parties, policies, and officials. Although there are two main
parties, several other political organizations also participate
in free elections, which are held at least every 5 years, by
secret ballot. The opposition Saint Lucia Labour Party plays a
significant role in the country's political life and holds 6 of
the 17 seats in the legislative House of Assembly.
There are no impediments to participation by women or
minorities in Government. Both the Attorney General and the
deputy leader of the Senate are women. However, women and
minorities are not represented in numbers paralleling their
proportion of the population.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
While there are no local human rights groups in Saint Lucia,
there are no governmental restrictions which would prevent
their formation. International human rights groups, including
Amnesty International and the Caribbean Human Rights Network
(the latter based in Barbados), made no reports or requests for
investigations on Saint Lucia during the year.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Government policy is nondiscriminatory in the areas of housing,
jobs, education, and opportunity for advancement. There are no
legal restrictions on the role of women or minorities.
Women
There is increased awareness of the seriousness of violence
against women. The Government does not prosecute crimes of
violence against women unless the victim herself presses
charges. If the victim chooses for any reason not to press
charges, the Government cannot bring a case. Charges must be
brought under the ordinary civil code. The police force
conducts some training for police officers responsible for
investigating rape and other crimes against women. Police and
courts enforce laws to protect women against abuse, although
police are hesitant to intervene in domestic disputes, and many
victims are reluctant to report cases of domestic violence and
rape or to press charges.
The Saint Lucia Crisis Center monitors cases of abuse (physical
and emotional) and helps its clients deal with such problems as
incest, nonpayment of child support, alcohol and drug abuse,
homelessness, custody, and visitation rights. The group has
publicized the plight of battered women and has protested the
rare deaths of women who were victims of domestic violence.
The Crisis Center is also working to establish a shelter for
battered women and homeless girls. Some secondary schools
address the problem of sexual harassment and battering in their
curriculum topics.
The Minister for Women's Affairs is responsible for protecting
women's rights in domestic violence cases and preventing
discrimination against women, including equal treatment in
employment. The Minister has recently completed a report on
the status of women, which should be published in early 1995.
Children
Despite the 1992 Children's Rights Act, which details a strong
commitment to children's rights, the Government has not
fulfilled that commitment with effective programs. Domestic
violence and incest continued to be the problems most affecting
the welfare of children in Saint Lucia. The Government keeps
no figures on the incidence of child abuse.
People with Disabilities
There is no specific legislation protecting the rights of the
disabled, nor mandating provision of access to buildings or
government services for them. There is no rehabilitation
facility in Saint Lucia, although the Health Ministry operates
a community-based rehabilitation program in residents' homes.
Section 6 Worker Rights
a. The Right of Association
The Constitution specifies the right of workers to form or
belong to trade unions under the broader rubric of the right of
association. Most public sector employees are unionized; about
22 percent of the total work force is unionized. Unions are
independent of government, and are free to choose their own
representatives in often vigorously contested elections. All
unions are free to publicize their views and to choose policies
to advance their members' best interests. There is no
restriction on forming a national labor federation, and several
of the major unions formed an umbrella grouping called the
"Industrial Solidarity Pact." Unions are free to affiliate
with international organizations, and some have done so.
Strikes in both the public and private sectors are legal, but
there are many avenues through collective bargaining agreement
and government procedures which may preclude a strike. The law
prohibits the police and fire departments from striking. Other
"essential services" workers--water and sewer authority
workers, electric utility workers, nurses, and doctors--must
give 31 days' notice before striking. Strikes became more
common in the wake of the October 1993 protest by banana
farmers, perhaps because militancy appeared to have been
effective. Public sector employees in customs, air and sea
ports, inland revenue, Radio Saint Lucia, and others struck in
1994.
b. The Right to Organize and Bargain Collectively
Unions have the legal right to engage in collective bargaining,
and they fully exercise that right. The 6-year wage agreement
that the Government reached with six public sector unions
appeared to break down in the summer, resulting in widespread
strike action. Public sector unions sought wage increases
comparable to the over 50-percent increases granted to the most
highly ranked ministry officials. The law prohibits antiunion
discrimination by employers, and there are effective mechanisms
for resolving complaints. It also requires that employers
reinstate workers fired for union activities.
Labor law is applicable in the export processing zones (EPZ's),
and there are no administrative or legal impediments to union
organizing or collective bargaining in those zones. In
practice, however, many firms do not welcome union efforts to
organize in the EPZ's.
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 Women's and Young Persons Act stipulates a minimum legal
working age of 14 years. Ministry of Labor officials
effectively enforce the law.
e. Acceptable Conditions of Work
The Wages Regulations (Clerks) Orders, in effect since February
1985, set out minimum wage rates only for clerks. These office
workers receive a legislated minimum wage of about $300 (EC
$800) per month. The minimum wage is not sufficient to provide
a decent standard of living for a worker in a four-person
family, but almost all categories of workers receive more than
the legal minimum for clerks, which is used only as a guide for
setting pay for other professions.
There is no legislated workweek, although the common practice
is to work 40 hours in 5 days. Special legislation covers
hours which shop assistants, agricultural workers, domestics,
and young people in industrial establishments may work.
Occupational health and safety regulations are relatively well
developed. The Labor Ministry periodically inspects health and
safety conditions at places of employment under the Employees'
Occupational Safety and Health Act of 1985. The Ministry
enforces the Act through threat of closure of the business if
it discovers violations and the violator does not correct
them. Workers are free to leave a dangerous workplace
situation without jeopardy to continued employment.
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