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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.

(###)

[end of document]

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