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Title: St. Kitts and Nevis Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
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 in
accordance with certain enumerated procedures. A Prime Minister, a
Cabinet, and a Legislative Assembly govern the country. The Governor
General, with largely ceremonial duties, is the titular Head of State
and must call general elections at least every 5 years. After national
elections in June, Prime Minister Denzil Douglas and his St. Kitts and
Nevis Labor Party formed a Government with 7 out of 11 seats in the
legislature. The judiciary is independent.
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 mixed economy is 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 arable
land are owned by a state corporation.
Hurricanes in the latter half of the year caused substantial damage to
the economy, particularly to the sugar crop and the rail system used to
transport it, and resulted in a decline in tourism.
Human rights were generally respected during 1995, although the
Government continued to restrict access by the opposition to government-
controlled media. Violence against women is 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 political or other extrajudicial killings.
b. Disappearance
There were no reports of politically motivated disappearances.
The authorities have closed the disappearance case of the former
Kittitian ambassador to the United Nations as presumed lost at sea.
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.
St. Kitt's prison was built in the 1830's. Prisoners suffer from severe
overcrowding, poor food, and lax security. These conditions have
contributed to riots in the past, although none occurred in 1995.
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. 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 is highly regarded and independent. The court system is
comprised of one high court and four magistrate's courts at the local
level, with the right of appeal to the Organization of Eastern Caribbean
States Court of Appeal. 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.
There were no reports of political prisoners.
f. Arbitrary Interference With Privacy, Family, Home, or
Correspondence
There were no reports of arbitrary government or police interference in
the private lives of individuals. The law requires judicially issued
warrants 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, for
the most part, the authorities respected these provisions in practice.
However, the Government owns the only radio and television station on
St. Kitts, and these media generally did not adequately publicize
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. Political
parties organized demonstrations, rallies, and public meetings during
the 1995 election campaign without significant government interference.
The main opposition party was denied a parade permit several weeks
before the election because the date conflicted with a parade organized
by the ruling party. The main opposition party held its parade at a
later date.
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
The Government does not restrict travel within or departure from the
country.
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 remained undefined.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens are free 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. In the June elections, Prime Minister Dr. Denzil Douglas' St.
Kitts and Nevis Labor Party won seven of eight seats at stake in St.
Kitts with 60 percent of the popular vote. The People's Action
Movement, the former ruling party, took only one seat, but received 40
percent of the vote. The Concerned Citizens Movement won two of the
three Nevis seats; the Nevis Reformation Party won the remaining one.
The island of Nevis has considerable self-government and its own
legislature.
There are no impediments in law or in practice to the participation of
women in leadership roles in government or political parties. St. Kitts
and Nevis' sole female member of Parliament chose not to run for
reelection in the June elections, and there were no other female
candidates. However, women do 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.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Constitution prohibits discrimination on grounds of race, place of
origin, birth out of wedlock, political opinion or affiliation, color,
sex, or creed, and the Government respects these provisions in practice.
Women
The role of women in society is not restricted by law but is
circumscribed by culture and tradition. According to a government
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, and a few convictions. A special police unit works closely
with the Ministry of Women's Affairs to investigate domestic violence
and rape cases.
Children
The Government is committed to children's rights and welfare and has
incorporated most of the provisions of the U.N. Convention on the Rights
of the Child into domestic legislation. There is no evidence of
societal abuse or violence against children.
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 law permits the police, civil service, and
other organizations 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. 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. The law prohibits antiunion discrimination
but does not require employers found guilty 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 industrywide. The
Labour Commission mediates all types of disputes 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 occur
in practice.
d. Minimum Age for Employment of Children
The minimum legal working age is 14 years. 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
A 1984 law, updated in 1994, establishes minimum wage rates for various
categories of workers, such as domestic servants, retail employees,
casino workers, and skilled workers. The minimum wage varies from
$56.18 (EC$ 150) per week for full-time domestic workers to $74.91 (EC$
200) per week 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. The Labour
Commission undertakes regular wage inspections and special
investigations when it receives complaints; it requires employers found
in violation 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. The law provides that workers
receive 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. The
Labour Commissioner settles disputes over safety conditions. Workers
have the right to report unsafe work environments without jeopardy to
continued employment; inspectors then investigate such claims.
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