| The State Department web site below is a permanent electronic archive of information released prior to January 20, 2001. Please see www.state.gov for material released since President George W. Bush took office on that date. This site is not updated so external links may no longer function. Contact us with any questions about finding information. NOTE: External links to other Internet sites should not be construed as an endorsement of the views contained therein. |
Title: Grenada Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
GRENADA
Grenada is a parliamentary democracy, with a Governor General as titular
Head of State. In June parliamentary elections, Prime Minister Dr.
Keith Mitchell's New National Party (NNP) won 8 of 15 seats and formed a
majority government. The elections were openly and fairly contested,
and were free of violence.
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 free market economy based upon agriculture and tourism.
The real economic growth rate was about 2.3 percent for 1994, and the
estimated annual growth for 1995 was 3 percent.
Citizens 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 has spoken out strongly against police use of
unlawful force. Violence against women is common.
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.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The Constitution prohibits such practices, and there were no reported
incidents of torture. Flogging, a legal form of punishment, is rare but
has been used recently in sex crime and theft cases.
The press occasionally reported 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 1995. 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.
Prison conditions meet minimum international standards and the
Government permits visits by human rights monitors.
d. Arbitrary Arrest, Detention, or Exile
The law provides the police with 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.
Exile is not practiced.
e. Denial of Fair Public 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.
Those arrested on criminal charges are brought before the 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 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 defense 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.
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.
There were no reports of 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 Number 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 the 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 often are 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, when a cable company began operating in the
capital area with plans to expand eventually throughout the country.
Throughout 1995 the television news often carried reports on opposition
activities, including coverage of the political rallies of the various
political parties and candidates, public forums featuring political
leaders of each of the major parties, and other public service
broadcasts. Election results were broadcast live on both television
stations and three of the four radio stations (the fourth concentrates
on religious broadcasting).
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 right in practice.
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.
No formal government policy toward refugee or asylum requests exists.
There were no reports of forced expulsion of anyone having a valid claim
to refugee status; however, government practice remains undefined.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
The Constitution provides citizens with the right to change their
government peacefully and citizens exercise this right in practice
through periodic, free and fair elections held on the basis of universal
suffrage. The next parliamentary elections must be held by October
2000.
There are no restrictions in law or practice on participation by women
in government and politics. Three of the 15 elected members of
Parliament are women, as well as 1 of the 13 appointed senators (who
also serves as Deputy President of the Senate). Women account for 7 of
the 12 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
Knowledgeable women's rights monitors report that violence against women
is common and that most cases of spousal 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. 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.
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 63 cases of child abuse through September 1995.
The law provides for harsh penalties against those convicted of child
abuse and disallows 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 1995, but all were
short-lived and settled with the intervention of the Ministry of Labour
or the Prime Minister. 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 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. There were no
such cases in 1995.
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, in 1994 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 1994,
minimum wages for farm laborers are $5.73 (EC$15.48) per day for men,
and $5.33 (EC$14.40) for women. 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.
(###)
[end of document]
Return
to 1995 Human Rights Practices report home page.
Return to DOSFAN
home page.
This is an official U.S. Government source
for information on the WWW. Inclusion of non-U.S. Government links
does not imply endorsement of contents.