Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/barbados.txt

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TITLE:  BARBADOS HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                            BARBADOS


Barbados, a member of the Commonwealth of Nations, is a
constitutional democracy with a multiparty, parliamentary form
of government.  The Queen is Head of State and is represented
by an appointed Governor General.  Prime Minister Owen Arthur
is the Head of Government and governs with an appointed
Cabinet.  Two major and one minor political parties and several
independent candidates contested free and fair national
elections in September.

The Royal Barbados Police Force is charged with maintaining
public order.  The small volunteer Barbados Defense Force
(BDF), responsible for national security, can be employed to
maintain public order in times of crisis, emergency, or other
specific need.  The BDF continues to assist the police by
patrolling certain tourist areas in response to an increase of
crime.  On the whole, the police respected constitutional and
legal guarantees of human rights, but there continued to be
infrequent reports of incidents of use of excessive force by
police.

The economy is based on tourism, services, light manufacturing,
and agriculture, which makes it vulnerable to external economic
developments.  Per capita gross domestic product (GDP) exceeds
$5,000 per year.  In order to stimulate demand and reverse a
3-year decline in GDP and employment, the Government decided in
May 1993 to abandon attempts to meet economic targets set in
consultation with the International Monetary Fund.
Nevertheless, Barbados experienced a cyclical economic recovery
in 1994.

Barbadians enjoy a wide range of rights and freedoms, and the
Government respects constitutional provisions regarding human
rights.  Principal human rights problems continued to be
societal violence against women and children and instances of
excessive use of force by police.

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 extrajudicial killings.

In the case of Ryan Jordan, a 17-year-old who died in police
custody in April 1992, Amnesty International called on
Barbadian officials to initiate an impartial investigation and
prosecute those responsible.  In 1994 the coroner returned an
open verdict which exonerated the police from responsibility
for Jordan's death; the report said excessive drugs in his
system caused his death.

     b.  Disappearance

There were no reports of disappearance.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

The Constitution specifically prohibits torture and cruel,
inhuman, or degrading treatment or punishment.  However, the
Caribbean Human Rights Network and the local press reported
numerous allegations of coerced confessions.  There continued
to be credible reports that law enforcement officials sometimes
used force during detention to extract confessions from
detainees.

Recently implemented police procedures provide that the police
may question suspects and other persons they hold only at a
police station, except when expressly permitted by a senior
divisional officer.  An officer must visit a detainee at least
once every 3 hours to inquire about the detainee's condition.
After 24 hours, the detaining authority must submit a written
report to the deputy commissioner.  The authorities must
approve and record all movements of the detainee between
stations.  The Caribbean Human Rights Network is satisfied that
the authorities adhere to these basic principles.

Barbados is in the forefront of an initiative to standardize
police procedures throughout the English-speaking Caribbean
region.  The authorities issued firearms to special units and
some foot patrols in high-crime areas in response to the 1993
shooting death of a policeman and a rise in gun- and
drug-related crime.  Aside from this, the Barbados police force
is mainly unarmed, in keeping with its British traditions.

     d.  Arbitrary Arrest, Detention, or Exile

The Constitution prohibits arbitrary arrest and imprisonment
and requires detainees to be brought before a court of law
within 72 hours of arrest.  The Government generally respects
these provisions in practice.  Criminal defendants have the
right to counsel, and attorneys have ready access to their
clients.  The authorities do not use exile as a punishment or
means of political control.

     e.  Denial of Fair Public Trial

The Constitution provides that persons charged with criminal
offenses be given a fair, public hearing within a reasonable
time by an independent and impartial court.  The judicial
system provides for rights of due process at each level.  The
law presumes defendants innocent until proven guilty.  The
Government provides free legal aid to the indigent.  The
judiciary acts independently and is free of intervention from
other branches of government.  Criticizing the Government is
not a political offense, and there are no political prisoners.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

The Constitution prohibits arbitrary entry, search, or seizure,
and the law requires warrants to be issued before privately
owned property may be entered and searched.  The Government
does not routinely interfere in the private lives of its
citizens.  Nonetheless, there continued to be credible reports
that, in response to increased drug-related crime, the police
resorted to searches of homes in certain neighborhoods,
sometimes without warrants.  The Government neither censors
mail nor restricts the receipt of foreign correspondence or
publications.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The Constitution provides for freedom of speech and press, and
the authorities respect these rights in practice.  There are
five radio stations, two of which are owned by the Government.
The Caribbean Broadcasting Corporation (CBC) television service
(the only television source, excluding direct satellite
reception) is government owned.  Though CBC is a state
enterprise, it regularly reported views opposing government
policies.  There are two independent daily newspapers, both of
which present opposition political views.  The Government
regularly comes under attack in the newspapers and on daily
call-in radio programs.  Although critics allege that the
Government sometimes uses its influence to discourage media
from reporting on sensitive issues, the press remained
vigorously critical of the Government on a broad span of issues.

The Government does not restrict academic freedom.

     b.  Freedom of Peaceful Assembly and Association

The Government observes the constitutional provisions for
peaceful assembly and private association.  It routinely grants
the permits required for public demonstrations.  Political
parties, trade unions, and private organizations function and
hold meetings and rallies without hindrance.

     c.  Freedom of Religion

There is full freedom of religion.  Numerous active religious
denominations and organizations practice their faiths and
proselytize freely.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

Citizens and legal residents move freely within Barbados and
leave and enter the country without restriction.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Citizens have this right in law and exercise it in practice.
Political parties freely compete in fair elections by secret
ballot at least every 5 years.  The most recent occurred in
September, in which the Barbados Labour Party won a decisive
victory, gaining a 19-to-8 majority over the Democratic Labour
Party which had held an 18-to-10 advantage in the 1991
elections.  The New Democratic Party won one seat, its first
ever in Parliament.  There are no impediments to participation
in the political process, and all Barbadians over age 18 may
vote.  The Prime Minister exercises executive power along with
the Cabinet of Ministers he appoints, balanced by the bicameral
Parliament and the judiciary system.

Women are well represented at all levels of government and
politics, including the Head of State, Governor General Dame
Nita Barrow.  After the September elections, Prime Minister
Arthur appointed women to several cabinet-level portfolios.
For the first time, the Deputy Prime Minister is a woman (she
also serves concurrently as Foreign Minister).

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

Local groups involved with human rights matters operate freely
and without government hindrance.  The Caribbean Human Rights
Network, a Caribbean-wide human rights organization which has
its headquarters and a small staff in Barbados, investigates
and reports on allegations of human rights violations
throughout 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, religion, or sex.

     Women

Women actively participate in all aspects of national life and
are well-represented at all levels of both the public and
private sectors.  They form a large percentage of heads of
household and are not discriminated against in public housing
or other social welfare programs.  However, violence against
women and children continued to be a significant social
problem.  Women's rights groups reported that the incidence of
sexual assaults, domestic violence, incest, and rape among
family members increased, despite the fact that there is still
some reluctance on the part of victims to report such
incidents.  There are public and private counseling services
for domestic violence, rape, suicide, and child abuse.

The 1992 Domestic Violence Law specifies the appropriate police
response to domestic violence, intended to protect all members
of the family, including men and children.  It applies equally
to marriages and to common law relationships.  Criminal
penalties for violent crimes are the same, regardless of the
sex of the offender or the victim.  The courts heard a number
of cases of domestic violence against women involving assault
or wounding.  Victims may request restraining orders, which the
courts often issue.  The courts can sentence an offender to
jail for breaching such an order.  Human rights monitors
continued to criticize the inconsistency in sentencing for
rape, incest, and statutory rape, which is often left to the
discretion of the judge.  They noted that the lack of
sentencing guidelines resulted in longer sentences being handed
down for persons accused of petty theft than for incest; and
lesser sentences for incest than for rape or sexual assault of
nonfamily members.

     Children

The Government is committed to children's human rights and
welfare, although violence against children remains a serious
problem.  The Child Care Board is the key agency responsible
for monitoring and responding to the critical welfare needs,
interests, and rights of children.

     People with Disabilities

Neither local legislation nor regulations within the Labor Code
prohibit discrimination against the physically disabled in
employment, education, or the provision of other state
services.  The Labour Department, which is responsible for
finding jobs for the disabled, unsuccessfully advocated the
introduction of such legislation in the 1980's.  Similarly,
there is no legislation mandating provision of handicapped
access to public thoroughfares or public or private buildings.
Interest groups have lobbied for this type of legislation from
time to time, but without success.

Section 6  Worker Rights

     a.  The Right of Association

Workers freely exercise their right to form and belong to trade
unions and to strike.  There are two major unions and several
smaller ones, representing various sectors of labor.  The civil
service union, the National Union of Public Workers, is
completely independent of any political party or the
Government.  The largest union, the Barbados Workers' Union,
was historically closely associated with the opposition
Democratic Labour Party.

The law accords full protection to trade unionists' personal
and property rights.  Another longstanding law prohibits
strikes against public utilities.  All other private and public
sector employees are permitted to strike; however, there were
no strikes or long-term work stoppages in 1994.

Trade unions are free to form federations and are in fact
affiliated with a variety of regional and international labor
organizations.

     b.  The Right to Organize and Bargain Collectively

The law provides for the right to organize and bargain
collectively, and the authorities respected it in practice.
Recent losses of jobs in the economy resulted in a reduction in
union membership to about 20 percent of the working
population.  Normally, wages and working conditions are
negotiated through the collective bargaining process, but a
tripartite wage policy accord signed in the summer of 1993
established a 2-year wage freeze, thus impinging on the ability
of unions to bargain for wage and benefit increases.

Employers have no legal obligation to recognize unions under
the Trade Union Act of 1964, but most do so when a majority of
their employees signify a desire to be represented by a
registered union.  While there is no specific law prohibiting
antiunion discrimination, the courts provide a method of
redress for employees alleging unfair dismissal.  The courts
commonly award monetary compensation but rarely order
reemployment.

There are no manufacturing or special areas where collective
bargaining rights are legally or administratively impaired.
Barbados has no specially designated export processing zones.

     c.  Prohibition of Forced or Compulsory Labor

The Constitution prohibits forced or compulsory labor, and
there were no reported instances in 1994.

     d.  Minimum Age for Employment of Children

The legal minimum working age of 16 is generally observed.
Compulsory primary and secondary education policies, which
require school attendance until age 16, reinforce minimum age
requirements.  Occasionally, especially among migrant worker
families, children assist in agricultural production during
peak season.  The Labour Department has a small cadre of labor
inspectors who conduct spot investigations of enterprises and
check records to verify compliance with the law.  These
inspectors may take legal action against an employer who is
found to have underage workers.

     e.  Acceptable Conditions of Work

The law sets and the authorities establish minimum wages for
specified categories of workers.  Only two categories of
workers have a formally regulated minimum wage--household
domestics and shop assistants (entry level commercial
workers).  Household domestics receive a minimum wage of about
$32.50 (bds $65.00) per week, although in actual labor market
conditions, the prevailing wage is almost double that amount.
There are two age-related minimum wage categories for shop
assistants.  The adult minimum wage for shop assistants is
$1.87 (bds $3.75) per hour; the juvenile minimum wage for shop
assistants is $1.62 (bds $3.25) per hour.  Agricultural workers
(i.e., sugar plantation workers) receive a minimum wage as a
matter of practice, but such compensation is not found in
legislation.

The minimum wage for shop assistants is marginally sufficient
to meet minimum living standards; most employees earn more.  In
1992 an International Labor Organization (ILO) Committee of
Experts (COE) cited Barbados for not adhering to the ILO
Convention on Equal Remuneration in its wage differentials in
the sugar industry.  The COE admonished the Government to
ensure the application of the principle of equal remuneration
for work of equal value to male and female workers in the sugar
industry or to provide further information on job descriptions
which might justify such wage distinction.  This case was not
resolved at year's end.

The standard legal workweek is 40 hours in 5 days, and the law
requires overtime payment for hours worked in excess of that.
Barbados accepts ILO conventions, standards, and other sectoral
conventions regarding maximum hours of work.  However, there is
no general legislation that covers all occupations.  Employers
must provide workers a minimum of 3 weeks' annual leave.
Unemployment benefits legislation and national insurance
(social security) cover all workers.  A comprehensive
government-sponsored health program offers subsidized treatment
and medication.

Under the Factories Act of 1983, which sets out the officially
recognized occupational safety and health standards, the Labour
Department enforces health and safety standards and follows up
to ensure that problems cited are corrected by management.
Workers have a limited right to remove themselves from
dangerous or hazardous job situations without jeopardizing
their continued employment.  The Factories Act requires that in
certain sectors firms employing more than 50 workers set up a
safety committee.  This committee can challenge the decisions
of management concerning the occupational safety and health
environment.  Recently, however, trade unions called on the
Government to increase the number of factory inspectors in
order to enforce existing and proposed safety and health
legislation more effectively, and to follow up to ensure that
problems cited are corrected by management.  Government-
operated corporations in particular were accused of doing a
"poor job" in health and safety.  The Government promised to
undertake inspections of government-operated corporations and
manufacturing plants as a priority.