BASSETERRE, ST. KITTS, APRIL 10TH 2011 (CUOPM) - The St. Kitts and Nevis Government has no restrictions on academic freedom or cultural events and generally respected freedom of peaceful assembly and association, freedom of movement within the country, foreign travel, emigration and repatriation.
According to the 2010 Human Rights Report, although the government has not signed the 1967 protocol to the 1951 Convention relating to the Status of Refugees, has not established a system for providing protection to refugees, and did not routinely grant refugee status or asylum, it did not expel or return refugees to countries where their lives or freedom would be threatened on account of their race, religion, nationality, membership in a particular social group, or political opinion as no such cases arose during the year.
“The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and was prepared to cooperate with other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern. There was an honorary UNHCR liaison in the country,” said the Report released over the weekend.
With regard to respect for political rights and the right of citizens to change their Government, the Human Rights Report noted that the constitution provides citizens with the right to change their government peacefully and “citizens exercised this right in practice through periodic, free, and fair elections held on the basis of universal suffrage.”
The Report noted that the law provides criminal penalties for official corruption, and the government generally implemented these laws effectively.
“Public officials are not subject to financial disclosure laws, and there is no agency responsible for combating government corruption. While no laws provide for public access to government information, the government maintained a Web site with limited information concerning government actions,” the Report said.
It noted while there are no governmental restrictions on human rights groups, no local human rights groups operated in the country and there were no requests for investigations or visits by international human rights groups during the year.
“The constitution prohibits discrimination based on race, place of origin, birth out of wedlock, political opinion or affiliation, color, gender, or creed, and the government generally respected these prohibitions in practice, the Report stated.
On the issue of women, the Human Rights Report on St. Kitts and Nevis for 2010 noted that the law prohibits rape, but it does not address spousal rape.
“Penalties for rape range from two years' imprisonment for incest between minors to life imprisonment for statutory rape or incest with someone under 16. Indecent assault has a maximum penalty of seven years' imprisonment. Incest with a person 16 or older carries a penalty of 20 years' imprisonment. There were 15 rapes and 23 indecent assault cases reported during the year,” said the Report, pointing out that violence against women was a problem.
“The law criminalizes domestic violence, including emotional abuse, and provides penalties of up to EC$13,500 ($5,000) or six months in prison. Although many women were reluctant to file complaints or pursue them in the courts, the Ministry of Gender Affairs handled an annual average of 25 to 30 reports of domestic violence. The director believed that, due to the nature of the crime, many women did not feel comfortable reporting it or asking for a protection order. There were no prosecutions or convictions for domestic violence during the year,” said the Report.
It said that the Ministry offered counseling for victims of abuse and conducted training on domestic violence and gender violence for officials in the police and fire departments, nurses, school guidance counselors, and other government employees.
“The law does not specifically address sexual harassment, and it remained a problem,” said the Report.
It said also that the reproductive rights were generally protected with couples and individuals having the right to decide the number, spacing, and timing of children.
“The National Family Planning Office provided information on contraception and support for reproductive rights on a nondiscriminatory basis. Skilled attendance at delivery and in postpartum care was widely available. A 2008 report by the UN Children's Fund indicated that skilled attendance at birth was 100 percent and estimated the contraceptive prevalence rate at 54 percent. Incidence of maternal mortality was not available. Women and men were given equal access to diagnostic services and treatment for sexually transmitted infections, including HIV/AIDS,” said the Report.
According to the Report, the role of women in society is not restricted by law but was circumscribed by culture and although women did not occupy as many senior positions as men in society, women and men received equal salaries for comparable jobs.
On the issue of children, the Human Rights Report for 2010 noted that children acquire citizenship by birth in the country, and all are registered at birth and equally able to access public education and public services. Children born to citizen parents abroad can be registered by either of their parents.
“Child abuse remained a major problem. The law sets the age of consent at 16.
Authorities received a number of reports of sexual assaults against children during the year and brought charges in cases involving alleged sexual activity with minors (indecent assault). Under the statutory rape law, sexual relations with anyone under 16 are illegal, with penalties ranging from probation to life in prison. Child pornography is illegal and carries a penalty of up to 20 years in prison,” the Report said.
It noted that St. Kitts and Nevis is a party to the 1980 Hague Convention on International Child Abduction; there was no organized Jewish community, and there were no reports of anti-Semitic acts.
It said in 2009, there were no reports that persons were trafficked to, from, or within the country.
On the issue of persons with disabilities and the mentally-ill, the Report stated while the law prohibits discrimination, it does not specifically cite discrimination against persons with disabilities.
“There was no reported discrimination against persons with disabilities in employment, education, access to health care, or in the provision of other state services and the law does not mandate access to buildings for persons with disabilities. “
“Persons who are mentally ill and deemed a menace to society can be incarcerated for life; there were five such persons in the prison. Ministry of Health nurses in the various district health centers deal with persons with mental illness, and the General Hospital has a wing dedicated to caring for patients with mental illness,” it said.
In its report on societal abuses, discrimination, and acts of violence based on sexual orientation and gender identity, the Human Rights said there are no laws that prohibit discrimination against a person on the basis of sexual orientation. Male homosexual acts are illegal and carry penalties up to 10 years in prison. Female homosexual acts are not barred by statute.
“Societal attitudes towards homosexuality impede operation and free association of lesbian, gay, bisexual, and transgender (LGBT) organizations and the openness of LGBT persons. However, there were no reports of actual violence or discrimination based on sexual orientation. Although no statistics were available, anecdotal evidence suggested that societal discrimination against persons with HIV/AIDS occurred,” said the Report.
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