ANTIGUA & BARBUDA TOURISM AUTHORITY

GENEVA, Switzerland – October 5, 2011……..Antigua and Barbuda presented its Human Rights National Report to the Working Group of the Universal Periodic Review in Geneva on Tuesday morning . 31 Country Delegates intervened following the presentation of the Opening Statement (below) by the Hon. Attorney General, with commendations, questions, comments, and recommendations. The session was interactive with the AG responding at various intervals before his closing statement. The Report, which will include the various recommendations by the Delegates and commitments by Antigua and Barbuda on the way forward, will be presented on Thursday for official adoption.

We present below the full text of the statement delivered by the Attorney General:

OPENING COMMENTS OF ANTIGUA AND BARBUDA TO THE 12th SESSION OF THE UNIVERSAL PERIODIC REVIEW

Madame President,

Chairman of the Working Group of the Universal Periodic Review (UPR), members of the Human Rights Council, members of the TROIKA, Observer Delegations: Good Morning! I bring you warm greetings from the Government of the twin island state of Antigua and Barbuda. My delegation consists of only two persons: Deputy Permanent Representative to the United Nations, Mr. Conrod Hunte, and myself; but let me assure you that our number in no way reflects the seriousness that we place on this very important exercise.
Antigua and Barbuda welcomes the opportunity to participate in the Universal Periodic Review, and to engage in a dialogue with members of the international community on the human rights record and accomplishments of the State. Antigua and Barbuda is taking the necessary steps within available means and resources towards fulfilling it commitments, which would further enhance and reinforce the promotion and protection of the human rights of its citizens and residents. We remain committed to the review process confident that, with the support and encouragement of the international community, we would be able to further honour our international obligations and continue to contribute to the strengthening of human rights as a global aim.

Madame President:
This dialogue has a two-fold importance as it provides an opportunity to identify the critical areas for improvement while simultaneously allowing the Human Rights Council to learn about and understand our approach, as a developing third world state, to human rights.
Antigua and Barbuda is a twin island state, with a population of about 80,000. The human rights provisions enshrined in the Universal Declaration of Human Rights are entrenched in the Constitution of Antigua and Barbuda which became effective on November 1 1981 on our attainment of independence. The Constitution as the Supreme Law is the foundation for the rule of law and safeguards the protection and promotion of human rights in Antigua and Barbuda. Among the fundamental freedoms of the individual protected by the Constitution are freedom of movement, conscience, expression, assembly and association irrespective of race, place of origin, political opinions, colour, creed or sex. Subject to respect for the rights and freedoms of others and for the public interest, the Constitution safeguards the right to life and personal liberty, and secures protection from slavery and forced labor, inhuman treatment and deprivation of property. Any person who alleges a breach of any of these rights may apply for redress in the High Court which has original jurisdiction in all constitutional human rights matters with a right of appeal firstly to our regional OECS Court of Appeal and finally to the Judicial Committee of the Privy Council in Great Britain.

Madame President,
Antigua and Barbuda received a number of questions from various delegations and my introduction this morning will take some of these advance questions into consideration.
Antigua and Barbuda is a party to various core international human rights treaties and is giving consideration to other conventions to which we are not yet a party; however, we are faced with many development challenges like many of our sister Caribbean islands, with respect to resources, both human and financial which also adversely affect our timely presentation of reports to treaties to which we are a party. We however re-iterate that we are committed to meeting all our treaty commitments and seek to do so on the basis of practical priorities and good old common sense.

Madame President:
Although the preparation of the report did not enjoy the participation of the full compliment of state functionaries as we would have liked, it however provides a comprehensive view of the human rights situation today. The Ministry of Foreign Affairs and the Ministry of Legal Affairs did organize and coordinate consultations with groups and organizations within civil society in preparing the Report. I am pleased to state that recently our former President of the Inter American Human Rights Institute and other human rights activists such as a former State Ombudsman have established a human rights group in Antigua and Barbuda to monitor reports of abuses and complaints from members of the public, and highlighting societal expectations with a view to making recommendations to government, where necessary. We welcome that initiative and shall provide the group with all necessary support.
With regards to discrimination against women, Antigua and Barbuda ratified the Convention on the Elimination of Discrimination against Women in 1989, and acceded to the Optional Protocol in June 2006. The country presented its combined initial and second report in 1997 and is currently working to complete its combined third and fourth report.

The Directorate of Gender Affairs, (DOGA) continues to work in partnership with other governmental social agencies and NGO’s to provide the necessary support to build and strengthen the capacity of these various groups as they confront the issue of violence against women, while sharing knowledge and information with the general public. Public awareness and education form part of the programme of action by the DOGA and in commemorating annual events such as 16 Days of Activism from 25th November – 10th December, the opportunities there afforded are used to increase public awareness of the real facts and figures of the incidents of domestic violence and to agitate for legislative reform particularly in judicial procedure.

The Directorate has been seeking closer collaboration with the Royal Police Force of Antigua & Barbuda under the project, Strengthening State Accountability, which continues to be supported by UN Women. The capacities of key stakeholders such as the police, the health care providers, and specially-trained counselors have been effectively strengthened, and continuous training and education is being provided to other key groups equipping them with the necessary tools to effectively work towards the elimination of gender-based violence, violence to children, and the reduction of HIV contraction and transmission among those who have been affected from unwanted sexual encounters. Our Childcare and Protection Act and the Maintenance of and Access to Children Act both address the issues of child abuse and neglect and make provision for the removal and placement of child victims and the prosecution of parents and care-givers who fail in their duties.
Through new initiatives, victims of rape and other sexual offences will benefit from a one-stop approach to treatment and response in a designated support location. Key stakeholders in the health, legal, judicial and social services sectors will work together to address the incidence of sexual offences and will incorporate all aspects of prevention, response, treatment, and social support. The establishment of a Sexual Assault Referral Centre with trained nurses as forensic examiners, and the 24 Hour Crisis Hotline in collaboration with 911 Emergency Services will provide necessary and effective assistance to victims of rape, domestic violence, child abuse and neglect. Additionally, the training of male gender advocates continues to be part of the Division’s activities, and will continue through partnerships formed with a number of concerned men who have committed themselves to being pro-active in the fight to end gender-based violence in all forms.

Madame President
Clarification was also sought on the lack of information on prostitution and trafficking of women. Antigua and Barbuda enacted legislation in 2010 for the Prevention of Trafficking in Persons which provides, among other things, for compensation and medical expenses to be paid to sexually exploited victims. A national coalition for the prevention of trafficking in persons had been established in 2008. Training and education have been provided with the assistance of the International Organization for Migration (IOM) to key stakeholders such as immigration officers, customs officers, the coast guard, and the police.
As part of our initiative and our programme for the prevention of Trafficking in Persons (TIP) within Antigua, the IOM in collaboration with the London School of Hygiene and Tropical Medicine, have also recently pilot-tested a manual “Caring for Trafficked Persons,” which has now been incorporated as a development tool.

Madame President,
Antigua and Barbuda has continuously voted against United Nations resolutions calling for a moratorium on the death penalty as such resolutions were inconsistent with existing national legislation. Since 1873 capital punishment has been the automatic penalty for anyone guilty of murder – that is until April 2001 when our Eastern Caribbean Court of Appeal held in a landmark decision that the mandatory death sentence contravened the constitutional provision which prohibited cruel and inhuman punishment. The judicial directive which is now followed is that after a conviction of murder by a jury, the judge must hold a further inquiry and hearing to determine the appropriate sentence to be imposed. There are currently seven inmates at Her Majesty’s Prison who were sentenced to hang between 1996 and 2000, and who would now be serving life sentences. Our last three executions occurred in 1988, 1989, and 1991.
We are conscious of the overcrowded state of our only prison facility. Crown lands have been earmarked for the construction of a proper and multi-faceted correction facility, but funds have not been forthcoming for that project; and we must be forgiven for viewing our education, health, social protection, judicial, and infrastructure needs as priorities for our scarce budgetary allocations, particularly so in the current economic downturn.
On the issue of corporal punishment, the Education Act, 2008 provides for it to be administered only by the School Principal or the Deputy or their delegate in the enforcement of discipline at schools, provided that it is not degrading or injurious, and conforms to guidelines issued by the Director of Education with particulars thereof to be recorded in writing. The Minister may by order abolish the use thereof altogether, but such an order is to be laid before Parliament for adoption or revocation – this provision clearly indicates societal expressed concerns over the total abolition of corporal punishment in schools. However, the Corporal Punishment Act which allows for whipping and flogging of males in prison should be repealed; in any event no such punishment has been ordered by the courts in a long, long time.
Madame President,
Antigua and Barbuda believes that national development in all its aspects is, in a real sense, a fundamental human right. We recognize the relationship between development rights and human rights, and accept that the advancement of these rights is inextricably linked to human development. We believe too that the establishment and advancement of all universal human rights can only be seen through this developmental prism. Significant investments and marked improvements have been achieved in the areas of education, housing, health, economic development, social protection, poverty reduction, and assistance to the elderly and disadvantaged in our society - all of which comes at great financial cost to the Government and the constant re-mobilization of our limited human resources.

Madame President
Undoubtedly one of the major challenges which we, as a small developing state, face today is that of institutional capacity. We have recently established an International Treaties Unit within the Ministry of Legal Affairs to work closely with the Ministry of Foreign Affairs to compile and keep current a data bank of our international treaty obligations, which Unit will be tasked with the responsibility of overseeing compliance with the various human rights obligations of the State and disseminating relevant information to the public to sensitize and shape public opinion. The data bank will also inform Government of the various international human rights instruments which should be adopted and enforced as part of our domestic law given the dualist legal system under which we operate.

I thank you Madame President and Distinguished Delegates for your attention.