Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/mac/TEXT/HUMANrts/SAINT_KI.TXT

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TITLE:  ST. KITTS AND NEVIS HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                      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 November 1993, Prime Minister Kennedy
Simmonds and his People's Action Movement formed a coalition
with the Nevis Reformation Party to retain control of the
Government.

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 all arable land are owned by a state
corporation.  Economic growth continued at about 6 percent, due
partly to agricultural exports and to investor confidence in
plans to develop further a deep water port facility and the
southeastern peninsula of St. Kitts.

Human rights continued to be generally respected during 1994,
although the Government continued to restrict access by the
opposition to government-controlled media.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

Although there were no political or extrajudicial killings in
St. Kitts and Nevis in 1994, there were two instances of
politically charged murder.  In October the son of the Deputy
Prime Minister (and Minister of Education) and his fiancee
disappeared and were later found murdered in an incident
apparently related to drug trafficking.  On October 13, the
Chief of the police Special Branch and Criminal Investigation
Division, who led the investigation into these disappearances,
was murdered as he left his home.  Police arrested a suspect
with drug trafficking ties, and the case remains under
investigation.  In both instances the Government and the
opposition accused each other of involvement with drug
traffickers.

     b.  Disappearance

There were no reports of politically motivated disappearances.
However, there was an instance of politically charged
disappearance.  In July the former Kittitian ambassador to the
United Nations, his wife and family, were lost at sea during a
Sunday pleasure boat outing.  Extensive air and sea searches
were conducted, but no evidence or remains were discovered.  In
the 1980's the former ambassador had been publicly accused of
money laundering and drug trafficking, and this case, like the
two instances of murder described above, is the subject of
charges and countercharges between the Government and the
opposition.

     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.

     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, 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.  Legal assistance is available for indigent defendants.

     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 regularly during the 1993 election campaign, usually
without government interference.  Opposition parties did claim
government intimidation in the form of excessive police
presence or armed nonparty supporters during the campaign and
during subsequent opposition protests, which included violence,
following the election.  The December 1993 14-day state of
emergency successfully ended the demonstrations.  Government
security forces patrolled the nation extensively to preempt
protests scheduled for June 1, the 6-month anniversary of the
1993 election.  Opposition members claimed that nonuniformed
police roamed the countryside in unmarked cars during the
predawn hours of June 1 to intimidate potential protesters.
The Government asserted that its preemptive patrolling was
warranted by the looting and burning that had occurred in the
street marches in December 1993.

     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.

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 November 1993 elections, Prime
Minister Kennedy Simmonds' People's Action Movement (PAM) won
only four of eight seats at stake in St. Kitts and came in
second in the popular vote.  The St. Kitts Labour Party, led by
Dr. Denzil Douglas, won the remaining four seats and also
polled a majority of the popular votes.  The Concerned
Citizens' Movement (CCM) won two of the three Nevis seats; the
Nevis Reformation Party won the remaining one.  Prime Minister
Simmonds formed a coalition with the Nevis Reformation Party to
retain control of the Government.  The island of Nevis has
considerable self-government and its own legislature.

Although 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 has only one female
Member of Parliament.  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.

     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.  A nongovernmental organization opened a
women's center on Nevis which provides counseling and
information, and conducts workshops for women.  No such
facility exists on St. Kitts.  The Government created the
Ministry of Women's Affairs to help redefine the role of women
in society, to ensure that women's rights are promoted, and to
provide counseling for abused women.

     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 in 1994.  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.  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.