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Title: Saint Vincent and the Grenadines Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
SAINT VINCENT AND THE GRENADINES
A member of the Commonwealth of Nations and the Organization of Eastern
Caribbean States, St. Vincent and the Grenadines is a parliamentary
democracy. Prime Minister James F. Mitchell and his New Democratic
Party (NDP) returned to power for an unprecedented third term in free
and fair elections held in February 1994.
The Royal St. Vincent Police, the only security force in the country,
includes a Coast Guard and a small Special Services Unit with some
paramilitary training. The force is controlled by and responsive to the
Government, but there continued to be occasional reports of the use of
force and other extralegal means to elicit confessions from suspects.
St. Vincent has a market-based economy in which most of the work force
is employed in agriculture. The leading export product is bananas,
which also represents the major source of foreign exchange earnings.
The banana industry throughout the Windward Islands continues to suffer
from relatively low prices on the world banana market, and St. Vincent
has not escaped the negative impact. Efforts toward nontraditional
economic diversification met with some success in new agricultural
products, luxury tourism expansion, and in some industrial sectors.
The country's human rights problems continued to include persistent
allegations of police use of physical force to extract confessions, the
Governments's failure to punish those involved in such abuse, inadequate
and overcrowded prisons, and an overburdened court system.
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 torture and other forms of cruel, inhuman, or
degrading treatment or punishment. However, a very high percentage of
convictions (estimated at 90 percent by the regional human rights group,
Caribbean Rights) continue to be based on confessions. Many of these
confessions resulted from unwarranted police practices, including the
use of physical force during detention, illegal search and seizure, and
not properly informing those arrested of their rights. There were no
known instances of the Government trying, convicting, and punishing
police officers involved in such abuses.
There is no independent review board to monitor police activity and to
hear public complaints about police misconduct. Caribbean Rights has
advocated such a board to protect the rights of citizens complaining of
these activities.
Inadequate and overcrowded prisons remain a serious problem. These
conditions are particularly harsh for juvenile offenders. There is a
small facility for delinquent boys, but it is seriously inadequate and
is generally used for those already convicted through the criminal
system. Although separate legal statutes exist for youthful offenders,
there are no separate magistrates or prosecutors to handle such cases.
d. Arbitrary Arrest, Detention, or Exile
The Constitution provides for persons detained for criminal offenses to
receive a fair hearing within a reasonable time by an impartial court.
Although there are only two official magistrates, the registrar of the
High Court and the presiding judge of the family court now effectively
serve as magistrates when called upon to do so. While this reduced the
backlog, complaints remain regarding police practices in bringing cases
to court. Some defense attorneys claim this has caused 6- to 12-month
delays in preliminary inquiries for serious crimes.
There were no reports of instances of arbitrary arrest, detention, or
exile.
e. Denial of Fair Public Trial
The Constitution provides for public trials before an independent and
impartial court. The court appoints attorneys for indigent defendants
only when the defendant is charged with a capital offense. Defendants
are presumed innocent until proven guilty and may appeal cases to a
regional high court system and ultimately to the Privy Council in the
United Kingdom. There are no separate security or military court
systems. There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution prohibits arbitrary search and seizure or other
government intrusions into the private life of individual citizens, and
there were no reports of such abuses.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and the press. There
are two major newspapers and numerous smaller, partisan publications;
all are privately owned, and most are openly critical of the
Government's policies. There were no reports of government censorship
or interference with the operation of the press.
The lone television station in St. Vincent is privately owned and
operates without government interference. The Government controls
programming for the government-owned radio station, which was ordered by
the high court to omit certain words from a popular calypso song
supporting capital punishment. The injunction was sought by the
president of the St. Vincent and Grenadines Human Rights Group. There
are no call-in talk shows; the Government canceled such a show in 1988,
claiming it was politically slanted.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for these rights, and the Government respects
them in practice.
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 law provides for these rights, and the Government respects them in
practice.
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
Citizens have the right to change their government through regularly
scheduled free and fair elections. St. Vincent has a long history of
multiparty parliamentary democracy. During the last elections in 1994,
the two opposition parties united to challenge the ruling New Democratic
Party. The effort was successful to the extent that the "Unity"
coalition won 3 of 15 parliamentary seats--the NDP held all 15 prior to
the election. The opposition continues to charge that the ruling party
has not complied with what the opposition asserts is a constitutional
obligation to answer questions it puts forth. In August a long-dormant
party, the People's Party (PP), was reactivated in response to alleged
financial misconduct by the Attorney General. The PP, however, holds no
seats in Parliament.
Two of the 15 members of Parliament are women. The same two women hold
ministerial portfolios in the current Government.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
Opposition political groups and the Vincentian press often comment on
human rights matters of local concern. The St. Vincent and Grenadines
Human Rights Association, affiliated with the regional body Caribbean
Rights, closely monitors government and police activities, especially
with respect to treatment of prisoners, publicizing any cases of abuse.
The Government is generally responsive to public and private inquiries
about its human rights practices. In February human rights groups
strongly criticized the Government over the executions of three
prisoners on death row. The groups charged that the process was
conducted in virtual secrecy and pushed for clemency procedures to be
clearly established for the benefit of death row prisoners across the
region.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Constitution provides for equal treatment under the law regardless
of race, sex, or religion, and the Government adheres to this provision.
Women
A local human rights group reports that violence against women
(particularly domestic violence) is a major problem. The Government has
failed to take steps to determine the seriousness of the problem. To
speed up the judicial handling of such cases, the Government established
a family court under the Domestic Violence Act of 1995.
Depending on the magnitude of the offense and the age of the victim, the
penalty for rape is generally 10 or more years in prison. In May the
legislature amended the child support law to allow for payments ordered
by the courts even though notice of an appeal has been filed.
Previously, fathers who had been ordered to pay child support could
appeal decisions and not pay while the appeal was being heard. This
resulted in a huge backlog of appeal cases and effectively reduced the
number of mothers and children receiving support payments.
The Ministry of Education, Youth, and Women's Affairs has a women's desk
which assists the National Council of Women with seminars, training
programs, and public relations. The minimum wage law specifies that
women should receive equal pay for equal work.
Children
The Social Welfare Office is the government agency responsible for
monitoring and protecting the welfare of children. The police are the
enforcement arm--the Social Welfare Office refers all reports of child
abuse to the police for action. A progress report on government
implementation of the Convention on the Rights of the Child was under
preparation at year's end. Marion House, a social services agency
established by the Catholic Church in 1989, provides counseling and
therapy services. The legal age of consent in St. Vincent is 15.
People with Disabilities
There is no specific legislation covering those with disabilities. Most
severely disabled people rarely leave their homes because of the poor
road system and lack of affordable wheelchairs. The Government
partially supports a school for the disabled which has two branches. A
separate, small rehabilitation center treats about five persons daily.
Section 6 Worker Rights
a. The Right of Association
By law, citizens have the right to form unions, organize employees, and
strike; these rights are generally respected in practice. A move toward
unification reflects the need for unions to combine in order to survive.
There were no major strikes. Unions have the right to affiliate with
international bodies.
b. The Right to Organize and Bargain Collectively
There are no legal obstacles to organizing unions; however, no law
requires employers to recognize a particular union as an exclusive
bargaining agent. Some companies offer packages of benefits with terms
of employment better than, or comparable to, what a union can normally
obtain through negotiations. The law prohibits antiunion discrimination
by employers against union members and organizers. Generally effective
mechanisms exist for resolving complaints. The authorities can order
employers found guilty of antiunion discrimination for firing workers
without cause (including for participation in union activities) to
reinstate the workers.
There are no export processing zones.
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 law sets the minimum working age at 16, although a worker must be 18
to receive a national insurance card. The labor inspection office of
the Ministry of Labour monitors and enforces this provision, and
employers generally respect it in practice. There is no known child
labor except for children working on family-owned banana plantations,
particularly during harvest time.
e. Acceptable Conditions of Work
The law sets minimum wages, which were last promulgated in 1989. They
vary by sector and type of work and are specified for several skilled
categories, including attendants, packers, cleaners, porters, watchmen,
and clerks. In agriculture the wage for workers provided shelter is
$0.82 (EC$2.25) per hour; skilled industrial workers earn $7.36 (EC$20)
per day, and unskilled workers earn $3.68 (EC$10) per day. In many
sectors the minimum wage is not sufficient to provide a decent standard
of living for workers and their families, but most workers earn more
than the minimum. There is no legislation concerning the length of the
workweek; however, the general practice is to work 40 hours in 5 days.
The law provides workers a minimum annual vacation of 2 weeks.
According to the Ministry of Labour, legislation concerning occupational
safety and health is outdated. The most recent legislation, the
Factories Act of 1955, has some regulations concerning only factories,
but enforcement of these regulations is ineffective due to a lack of
inspectors. Workers can remove themselves from dangerous workplace
situations without jeopardy to continued employment.
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