33/13 Report of the Working Group on the Universal Periodic Review - Antigua and Barbuda
Document Type: Final Report
Date: 2016 Jun
Session: 33rd Regular Session (2016 Sep)
Agenda Item: Item6: Universal Periodic Review
GE.16-10597 (E) 130716
Human Rights Council Thirty-third session
Agenda item 6
Universal periodic review
Report of the Working Group on the Universal Periodic Review*
Antigua and Barbuda
* The annex is being circulated in the language of submission only.
United Nations A/HRC/33/13
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Contents
Page
Introduction ................................................................................................................................... 3
I. Summary of the proceedings of the review process ...................................................................... 3
A. Presentation by the State under review ................................................................................. 3
B. Interactive dialogue and responses by the State under review .............................................. 4
II. Conclusions and/or recommendations ........................................................................................... 13
Annex
Composition of the delegation ...................................................................................................... 21
GE.16-10597 3
Introduction
1. The Working Group on the Universal Periodic Review, established in accordance
with Human Rights Council resolution 5/1, held its twenty-fifth session from 2 to 13 May
2016. The review of Antigua and Barbuda was held at the 12th meeting, on 9 May 2016.
The delegation of Antigua and Barbuda was headed by the Parliamentary Secretary within
the Ministry of Legal Affairs and Public Safety, Maureen Payne. At its 19th meeting, held
on 12 May 2016, the Working Group adopted the report on Antigua and Barbuda.
2. On 12 January 2016, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of Antigua and Barbuda: Plurinational State of
Bolivia, Kyrgyzstan and Morocco.
3. In accordance with paragraph 15 of the annex to Human Rights Council resolution
5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents
were issued for the review of Antigua and Barbuda:
(a) A national report submitted/written presentation made in accordance with
paragraph 15 (a) (A/HRC/WG.6/25/ATG/1);
(b) A compilation prepared by the Office of the United Nations High
Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)
(A/HRC/WG.6/25/ATG/2);
(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/25/ATG/3).
4. A list of questions prepared in advance by Liechtenstein, Mexico, Slovenia and the
United Kingdom of Great Britain and Northern Ireland was transmitted to Antigua and
Barbuda through the troika. These questions are available on the extranet of the universal
periodic review.
I. Summary of the proceedings of the review process
A. Presentation by the State under review
5. The delegation recalled that Antigua and Barbuda was a democratic nation governed
by law. Its supreme law was the Constitution, which enshrined the fundamental rights and
freedoms established in the Universal Declaration of Human Rights. The delegation was
ready to welcome the suggestions and recommendations of Member States and to take them
on board to improve the human rights record of the islands.
6. The delegation considered that Antigua and Barbuda had achieved some progress in
the area of human rights since its first universal periodic review. For instance, a law to
protect children and women and a law on juvenile criminal justice had been adopted since
2011. A law to combat violence against women had been passed, and the Government had
acceded to the Convention on the Rights of Persons with Disabilities which was in the
process of being implemented at the national level. In addition, Parliament had passed a law
on childcare and adoption to give the same rights to all children and to provide further
safeguards in the adoption process.
7. Antigua and Barbuda was doing all in its power to uphold its international
obligations and human rights standards. At the same time, the delegation reminded the
Working Group that the country was a small island developing State, with only 85,000
inhabitants and limited resources.
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B. Interactive dialogue and responses by the State under review
8. During the interactive dialogue, 44 delegations made statements. Recommendations
made during the dialogue are to be found in section II of the present report.
9. The Bolivarian Republic of Venezuela emphasized the efforts made by Antigua and
Barbuda in promoting and protecting human rights. In the field of education, the Bolivarian
Republic of Venezuela noted positively the compulsory school attendance for children
between 5 and 16 years of age and the free primary and secondary education. It appreciated
the creation of the national committee for health promotion, as well as the progress
achieved by the gender affairs department in regard to combating domestic violence and
human trafficking through the establishment of awareness-raising and victim support
programmes. The Bolivarian Republic of Venezuela made recommendations.
10. Algeria applauded the measures taken by Antigua and Barbuda in support of human
rights, including the amendments made to the laws on human trafficking and on preventing
the trafficking of migrants. It also welcomed the November 2015 adoption by both
chambers of the Parliament of a number of laws on children and the family. Algeria made
recommendations.
11. Argentina welcomed the delegation of Antigua and Barbuda and thanked it for its
presentation of the national report. Argentina congratulated Antigua and Barbuda on its
ratification of the Convention on the Rights of Persons with Disabilities. Argentina made
recommendations.
12. Australia welcomed the engagement of Antigua and Barbuda in the universal
periodic review process, particularly given its status as a small island developing State. It
commended Antigua and Barbuda for its ratification in 2016 of the Convention on the
Rights of Persons with Disabilities. It noted that no executions had taken place in Antigua
and Barbuda since 1991, which, in practice, had established a moratorium on the death
penalty. Australia remained concerned that violence and discrimination against lesbian,
gay, bisexual, transgender and intersex persons had not been addressed, and that prison
conditions in Antigua and Barbuda were worsening, owing to overcrowding, inadequate
food and hygiene, and gang violence, among other factors. Australia urged Antigua and
Barbuda to take action to improve prison conditions, including by addressing the backlog of
criminal cases. Australia made recommendations.
13. The Bahamas noted with satisfaction the considerable strides made by Antigua and
Barbuda in promoting and protecting human rights. Particularly commendable were the
recent legislative reforms enacted by virtue of the Trafficking in Persons (Prevention)
(Amendment) Act, the Migrant Smuggling (Prevention) (Amendment) Act, the Defamation
Act and the Immigration and Passport (Amendment) Act. It also welcomed the passage
by the upper and lower houses of Parliament of a new domestic violence bill that broadened
the definitions of the domestic relationship and domestic violence, enhanced the protections
for victims and children and protected against newer forms of harassment such as
cyberstalking. The Bahamas made recommendations.
14. Barbados commended Antigua and Barbuda for acceding to the Convention on the
Rights of Persons with Disabilities and urged the country to continue collaborating with all
stakeholders in drafting a national policy for persons with disabilities. Barbados also
commended Antigua and Barbuda for the efforts it had made to improve the protection of
children, as well as the quality of life of its citizens through social programmes and policies
to reduce poverty and to assist the elderly and through the provision of adequate health
care.
15. Canada welcomed the delegation of Antigua and Barbuda and thanked it for its
presentation of the national report. Canada commended Antigua and Barbuda for its
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adoption of a national action plan for 2013-2018 to end gender-based violence and
encouraged the Government to ensure its full implementation. Canada made
recommendations.
16. Chile welcomed the delegation of Antigua and Barbuda and thanked it for its
presentation of the national report. Chile also welcomed the institutional and legal progress
made in the field of human rights, particularly through the ratification of the Convention on
the Rights of Persons with Disabilities, the elimination of the crime of defamation and the
recent adoption of a number of laws on juvenile justice and domestic violence. Chile made
recommendations.
17. China noted with appreciation that Antigua and Barbuda had ratified the Convention
on the Rights of Persons with Disabilities, had promoted inclusive education and had
worked to meet the specific needs of persons with disabilities. Antigua and Barbuda had
adopted policies and measures to bring about economic and social development and had
promoted a poverty alleviation programme and the People’s Benefit Programme. The
country was working to improve living standards for its people. China made
recommendations.
18. Colombia thanked Antigua and Barbuda for the comprehensive information
provided on the human rights situation in the country, and highlighted the commitment to
implementing the recommendations received during the first universal periodic review and
in particular the efforts that had been made regarding children’s rights and in countering
poverty. Colombia made recommendations.
19. Costa Rica noted with satisfaction the cooperation of Antigua and Barbuda with the
universal system of human rights, as well as its ratification of the Convention on the Rights
of Persons with Disabilities. Costa Rica expressed concern at the serious delays in the legal
system in dealing with criminal cases. While noting with satisfaction the broad participation
of women in the civil service and in decision-making at the electoral level, Costa Rica
noted that women were still underrepresented in leadership and decision-making in general.
Costa Rica was also concerned at reports of high rates of domestic violence. Costa Rica
made recommendations.
20. Cuba highlighted advances such as amendments to the Trafficking in Persons
(Prevention) Act and the Migrant Smuggling (Prevention) Act. It underscored the adoption
of the Defamation Act in 2015 and of laws approved by Parliament in November 2015
relating to children and families. Social programmes implemented by PDV Caribe had
contributed to a better enjoyment of economic, social and cultural rights for the population
of Antigua and Barbuda. Cuba called upon the international community to provide the
resources and technical assistance required by Antigua and Barbuda. Cuba made
recommendations.
21. Antigua and Barbuda thanked the delegations that had put forward recommendations
regarding child rights and the combating of violence against children and women, issues
that would be taken on board seriously by the Government.
22. Regarding overcrowding in prisons, the delegation recognized that this was a serious
problem. Antigua and Barbuda had only one prison, which had been built in 1735 to
accommodate 150 inmates. The Government was trying to address overcrowding in two
ways. First, it had studied the situation of long-term prisoners, and subject to certain terms
and conditions, some prisoners had received a pardon. Second, the Government was
beginning to implement the Convicts’ Licences Act, under which some prisoners —
depending on the crime they had committed, their conduct, the sentence they had received
and the length of time they had served — were released under a convict’s licence (on
parole, in other legal systems). Additionally, the Government was looking at providing
alternative accommodation for inmates, so that remand prisoners could be separated from
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persons serving their sentences. The delegation considered that, ideally, Antigua and
Barbuda needed another penal institution, which could be focused on young people up to
the age of 25.
23. Regarding the position of women in politics, the delegation noted that many
Caribbean countries were trying to encourage and empower women to participate in
politics, even though campaigning could be brutal which could act as a deterrent.
24. Denmark commended Antigua and Barbuda for its constructive engagement with the
universal periodic review process and for having demonstrated progress in the protection
and promotion of human rights since its last review. Denmark hoped that concrete measures
were being taken by Antigua and Barbuda to ratify the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and
asked the delegation to elaborate on steps taken. Denmark also emphasized that the
Convention against Torture Initiative stood ready to explore avenues to assist Antigua and
Barbuda in advancing on the issue if that were deemed to be helpful. Denmark made
recommendations.
25. Ecuador welcomed efforts directed towards compliance with the recommendations
received in the first review in 2011, particularly the amendments in 2015 to the Trafficking
in Persons (Prevention) Act and the Migrant Smuggling (Prevention) Act. Ecuador
welcomed the work carried out in coordination with civil society on programmes to
guarantee the rights of persons with disabilities, and the care taken in providing for the
special needs of that group, through the provision of technical assistance, equipment and
medical treatment. Ecuador made recommendations.
26. Egypt noted the importance that the Government of Antigua and Barbuda attached
to taking positive measures to improve the human rights situation in the country,
particularly through the adoption of the national action plan for 2013-2018 to put an end to
sexual violence. It noted the Trafficking in Persons (Prevention) (Amendment) Act 2015
and the Migrant Smuggling (Prevention) (Amendment) Act 2015. It also highlighted the
effective measures taken to include all children in the education system and the efforts to
take legal measures to protect children and adults. It welcomed national efforts to combat
poverty through specific programmes. Egypt made recommendations.
27. France welcomed the delegation of Antigua and Barbuda and made
recommendations.
28. Germany welcomed the delegation of Antigua and Barbuda and thanked it for its
presentation of the national report. Germany commended the achievements of Antigua and
Barbuda in the area of human rights, and particularly welcomed the passing of the
Domestic Violence Bill and the Child Justice Bill in 2015. Germany remained concerned
about the low age of criminal responsibility and regretted that Antigua and Barbuda
continued to have a place in law for the death penalty. Germany stated that equality and
non-discrimination were crucial to a democratic society and that the criminalization of
lesbian, gay, bisexual, transgender and intersex persons constrained their chances of
reporting cases of discrimination and violence. Germany made recommendations.
29. Ghana noted the amendments to the Trafficking in Persons (Prevention) Act, the
Migrant Smuggling (Prevention) Act and the Immigration and Passport Act and hoped that
these would strengthen the legal framework and address existing gaps in the promotion and
protection of human rights in Antigua and Barbuda. It also noted that Antigua and Barbuda
had yet to ratify a number of core international human rights treaties, despite having
accepted to do so during the first review. It urged Antigua and Barbuda to seek appropriate
technical assistance, including from OHCHR, to uphold its international human rights
obligations. Ghana made recommendations.
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30. Guatemala noted the steps that had been taken to promote, protect and respect the
fundamental human rights of all persons. It was pleased that Antigua and Barbuda had
ratified the Convention on the Rights of Persons with Disabilities and acknowledged the
commitment to promoting gender equality and women’s participation in the political,
economic and social life of the country. Guatemala made recommendations.
31. Honduras was pleased at the ratification of the Convention on the Rights of Persons
with Disabilities. It acknowledged the commitment of the Government to promote gender
equality and the full participation of women in the political, economic and social life of the
country. Honduras made recommendations.
32. Indonesia thanked Antigua and Barbuda for its presentation of the national report on
the efforts made in the field of human rights since the first review. Indonesia commended
the efforts made by Antigua and Barbuda to enact and amend several laws to better promote
and protect human rights in the country and to fulfil its international human rights
obligations. Indonesia also appreciated the establishment of several institutions to support
the implementation of international human rights instruments, such as the Office of the
Ombudsman and the Office of the Information Commissioner. Indonesia made
recommendations.
33. Italy commended Antigua and Barbuda for the steps taken since the first review in
enhancing the protection of human rights. It particularly welcomed the recent ratification of
the Convention on the Rights of Persons with Disabilities, the commitment to alleviate and
eradicate poverty, and the attention devoted to women’s rights and gender equality, for
example with the creation of the gender affairs department. Italy noted positively the
legislative measures taken to enhance the protection of the rights of the child and
congratulated Antigua and Barbuda on steps taken in combating human trafficking. Italy
made recommendations.
34. Jamaica commended Antigua and Barbuda for its commitment to improving the
quality of life of its citizens, through legislative reform and programmes directed at
increasing socioeconomic advancement. It particularly commended the passage in 2015 of
a suite of laws relating to children and families, and of the Defamation Act and the
amendment to the Trafficking in Persons (Prevention) Act. Jamaica also commended
Antigua and Barbuda for placing children with visual disabilities in the mainstream
educational system from preschool age, for setting up the multi-stakeholder National
Wellness Committee and for its commitment to several socioeconomic programmes
implemented under the umbrella of PDV Caribe, part of the Petrocaribe Initiative. Jamaica
made recommendations.
35. Malaysia noted that Antigua and Barbuda had taken numerous initiatives to improve
the promotion and protection of human rights in the country. It welcomed the accession to
the Convention on the Rights of Persons with Disabilities and noted the new laws focusing
on the protection of children’s rights. It also noted the efforts that Antigua and Barbuda had
made towards eradicating poverty by providing financial assistance and implementing
social programmes to improve access to basic needs for persons living in vulnerable
situations. Malaysia made recommendations.
36. The delegation of Antigua and Barbuda responded to questions put forward during
the interactive dialogue. It considered that the issue of the age of criminal responsibility
was a serious one. It added that the legislature had debated the issue but had been unable to
change the law because some members considered that it should remain as it was.
However, it was expected that civil society organizations would exert pressure for the age
of criminal responsibility to be raised.
37. With regard to the death penalty, after listening to many statements, the delegation
acknowledged that this was a sensitive issue for the international community. It noted,
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however, that, even though the penalty appeared in the Penal Code, nobody had been
executed since the 1980s. The delegation expressed its understanding of why it would be
important to formally take a step beyond the existing state of affairs.
38. The delegation recognized the importance of having an independent national human
rights institution and added that the Government could take on board recommendations in
this regard, since Antigua and Barbuda currently lacked an independent institution that
could keep the Government on its toes.
39. Regarding lesbian, gay, bisexual, transgender and intersex persons, the delegation
considered that changes would take time. However, it stated that such persons were not
brutally treated in the Caribbean in general and in Antigua and Barbuda in particular. The
Constitution recognized the same rights for all people but it would take time to change
personal prejudices, and to sensitize people. The Government was working on this but it
was not possible to force such change on the psyche of the people. The delegation
recognized the existence of legal provisions considering sexual relations between adults of
the same sex as a crime, but no one was prosecuted under them. The delegation considered
that that law was only used against adults who had molested children. The delegation
recalled that those provisions had been inherited but recognized that they had to change at
some point if the Government was serious about human rights.
40. Regarding sexual abuse within marriage, mentioned during the interactive dialogue,
Antigua and Barbuda stated that the law covered any form of violence in a couple, so it was
up to the wife to press charges if she wished to and the law was there to assist her. The
delegation added that the gender affairs department had been very helpful and supportive in
dealing with migrant workers and women who had been trafficked, and that officers were
provided with relevant training on an ongoing basis.
41. On torture, the delegation considered that this was not a recurrent matter in the
islands but that the Government could consider the possibility of signing the Optional
Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment. The delegation reiterated that the Government was aware of the
problems pertaining to the prison and stated that it would accept the recommendations to
request technical assistance to solve them.
42. Maldives took positive note of the national report and the implementation of the
recommendations that Antigua and Barbuda had received during the first cycle. It
appreciated the measures taken in the country’s laws, relating to children and families, that
had been passed by Parliament in November 2015. It also strongly supported the country’s
Education Act, which specified that children were required to attend school between the
ages of 5 and 16. Maldives encouraged Antigua and Barbuda to reach out to its
international partners, including OHCHR, for assistance with the promotion and protection
of human rights in the country. Maldives made recommendations.
43. Mexico acknowledged the reform of the juvenile justice system and urged the
Government to ensure its full implementation. Mexico welcomed the ratification of the
Convention on the Rights of Persons with Disabilities and invited the country to harmonize
its legislation in accordance with the Convention. Mexico noted the adoption of the law
to prevent trafficking in persons as well as the enhanced measures to combat that crime.
Mexico called upon Antigua and Barbuda to work to reduce the high rate of teenage
pregnancies and HIV prevalence and to guarantee access to social and health services for
all, including vulnerable persons and persons from the lesbian, gay, bisexual, transgender
and intersex community. Mexico made recommendations.
44. Montenegro welcomed the recent ratification of the Convention on the Rights of
Persons with Disabilities and noted that there were a number of international human rights
treaties and their optional protocols to which Antigua and Barbuda was not a party.
GE.16-10597 9
Montenegro enquired whether the Government had initiated accession procedures or
planned to ratify any of them. Montenegro encouraged the Government to seek technical
assistance from OHCHR to improve its efforts to meet its international human rights
obligations. Montenegro welcomed the Government’s efforts to create an inclusive
education system, particularly in regard to children with disabilities. Montenegro enquired
whether the Government intended to adopt specific laws and regulations to protect those
with special needs or to facilitate their integration into society. Montenegro made
recommendations.
45. Morocco welcomed the ratification of the International Convention on the
Elimination of All Forms of Racial Discrimination, the Convention against Torture, the
Convention on the Rights of the Child and the Convention on the Rights of Persons with
Disabilities. Morocco noted with satisfaction the measures taken by Antigua and Barbuda
to combat poverty, human trafficking and gender discrimination. It also noted with
satisfaction the adoption of laws related to children and families. Morocco made
recommendations.
46. Namibia commended Antigua and Barbuda on the ratification of the Convention on
the Rights of Persons with Disabilities and noted the adoption in 2015 of the Children
(Care and Adoption) Act and the Status of Children Act. It was pleased to note the various
initiatives put in place to alleviate poverty, including the efforts made to enhance the social
protection schemes in Antigua and Barbuda. While it was pleased to note that there had
been a de facto moratorium on the death penalty for 24 years, it expressed concern about
the frequent calls for its full reinstatement in Antigua and Barbuda. Namibia made
recommendations.
47. The Netherlands noted that Antigua and Barbuda had stated in its report that lesbian,
gay, bisexual, transgender and intersex persons were generally not discriminated against.
It remained concerned, however, about the full rights of such persons, in particular of those
from the lower economic bracket. It noted the explanations given by the Government. In
view of recent calls from society in Antigua and Barbuda for a full reinstatement of the
death penalty, the Netherlands asked the Government to address this negative trend. The
Netherlands made recommendations.
48. Nicaragua congratulated Antigua and Barbuda on the progress achieved since its
first review, highlighting the reforms and institutional and legal improvements that had
been designed to better the human rights of its population, particularly its children,
adolescents and persons with disabilities. Nicaragua welcomed the approval in 2015 of the
Child Justice Bill and the Children (Care and Adoption) Bill. Nicaragua welcomed the
strengthening of legislation for the prevention of human trafficking and of the illicit
trafficking of migrants. Nicaragua congratulated Antigua and Barbuda on ratifying the
Convention on the Rights of Persons with Disabilities. Nicaragua made recommendations.
49. Pakistan noted with appreciation the steps taken in the last four years to promote and
protect human rights. Pakistan found it encouraging to note that Antigua and Barbuda had
made concerted efforts to implement the majority of the recommendations received during
the first cycle of the universal periodic review. It commended the ongoing national
legislation, as well as the ratification of human rights instruments. Pakistan believed that
the Trafficking in Persons (Prevention) (Amendment) Act, the Migrant Smuggling
(Prevention) (Amendment) Act, the Child Justice Bill and the Domestic Violence Bill, of
2015, among others, would further contribute to the promotion and protection of human
rights in the country. Pakistan made recommendations.
50. Panama praised the ratification of the Convention on the Rights of Persons with
Disabilities, the adoption of health and education policies for this group of the population,
and the strengthening of measures to prevent trafficking in persons and the smuggling of
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migrants. Panama also acknowledged the adoption of the laws on children and domestic
violence, as well as the implementation of various social programmes aimed at reducing
poverty. However, it was concerned that gender-based violence remained a serious and
widespread problem. Panama made recommendations.
51. Paraguay welcomed the progress made in 2015 in the field of child rights, especially
in relation to childcare, domestic violence and juvenile justice. It also highlighted the
decriminalization of slander, the gender mainstreaming carried out by the gender affairs
department of the Ministry of Social Transformation and the ratification of the Convention
on the Rights of Persons with Disabilities. Paraguay urged the Government to continue its
efforts to ensure the exercise of the rights of migrants, to eliminate trafficking and to
address overcrowding in prisons. Paraguay made recommendations.
52. The delegation responded to the statement by the Netherlands about calls by some
politicians for the death penalty to be brought back into use. It considered that the society of
Antigua and Barbuda was not yet ready to take a quantum leap and remove the death
penalty from its legislation. The fact that it was on the statute books had given some sort of
security to the population. But the delegation recalled, once again, that the death penalty
had not been implemented in decades.
53. A similar situation applied to issues pertaining to lesbian, gay, bisexual, transgender
and intersex persons. The delegation considered that it would take time to sensitize
Antiguan society, which was very moral and religious. The delegation added that if the
Government were to force these issues, the reaction from society would be negative and
regressive.
54. On family matters, the delegation noted that the Government was in the process of
setting up a family court, as part of an Organisation of Eastern Caribbean States project.
55. Portugal congratulated Antigua and Barbuda on approving the Child Justice Bill,
which was aimed at improving the situation of juveniles in conflict with the law. Portugal
expressed concern both at the fact that detained juveniles were still not held separately from
adults and at the overcrowding in prisons. Portugal commended the country’s efforts in
tackling domestic and sexual violence and welcomed the adoption of the new Domestic
Violence Bill and the national action plan for the period 2013-2018 to end gender-based
violence. It was concerned that the Sexual Offences Act did not recognize rape within
marriage in all circumstances. Portugal made recommendations.
56. Sierra Leone appreciated the efforts made since the last review. It noted with interest
the de facto moratorium on the death penalty and expressed hope that the Government
would again consider abolishing the death penalty. It also noted the adoption of the national
action plan to end gender-based violence. In order to protect against trafficking in persons,
Sierra Leone urged the Government to establish a legislative framework on refugee
protection and asylum. It encouraged Antigua and Barbuda to ratify the Indigenous and
Tribal Peoples Convention, 1989 (No. 169) and Domestic Workers Convention, 2011
(No. 189) of the International Labour Organization and to accede to the Convention on the
Reduction of Statelessness. It stated that the Government should consider abolishing
corporal punishment as a sentence and should take more effective steps to combat domestic
violence as well as child sexual abuse. Engaging with OHCHR and other relevant United
Nations organizations would be crucial in order for Antigua and Barbuda to be able to
submit its reports to the relevant treaty bodies in a timely manner. Sierra Leone made
recommendations.
57. Slovenia welcomed positive developments such as the decriminalization of libel, the
abolition of legal distinctions between children based on their parents’ marital status, the
adoption of a national action plan to end gender-based violence and the organization of
campaigns to raise awareness about violence against women. It commended Antigua and
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Barbuda for having ratified the Convention on the Rights of Persons with Disabilities, in
line with the recommendation to that effect that Slovenia had previously made. It noted
there was no systemized approach to implementing the country’s human rights obligations
and commitments, no gender policy and no policy against child sexual abuse. It regretted
that the Sexual Offences Act of 1995 criminalized sexual relations between consenting
adults of the same sex, but did not acknowledge marital rape. Slovenia made
recommendations.
58. South Africa recognized that, despite the constraints faced, Antigua and Barbuda
had registered a number of notable achievements, including the implementation of policies
and plans for social and economic development and the alleviation of poverty. It noted that
Antigua and Barbuda had been ranked favourably in the Human Development Index and
welcomed the country’s efforts in launching the International Decade for People of African
Descent. It encouraged Antigua and Barbuda to continue all efforts to promote, protect and
fulfil all human rights, including the right to development. South Africa made
recommendations.
59. Spain congratulated Antigua and Barbuda on its recent ratification of the Convention
on the Rights of Persons with Disabilities and encouraged it to continue in that vein. Spain
considered respect for the principle of non-discrimination on the grounds of sexual
orientation as essential. Spain made recommendations.
60. Trinidad and Tobago noted the progress made by Antigua and Barbuda since the
first universal periodic review cycle. Trinidad and Tobago congratulated the Government
on ratifying the Convention on the Rights of Persons with Disabilities, and on its efforts to
mainstream the differently abled in the education system and to provide the necessary
support in the areas of mobility and transportation. Trinidad and Tobago applauded the
improvement of health services for the population and recognized the need for Antigua and
Barbuda to bolster its legislation on trafficking in persons and children. Trinidad and
Tobago made a recommendation.
61. The United Kingdom of Great Britain and Northern Ireland thanked the delegation
for responding to the questions submitted in advance. It welcomed the engagement of
Antigua and Barbuda with the universal periodic review process. It acknowledged the
Government’s commitment to human rights and the progress made in spite of the
challenges that small island developing States faced in implementing their international
human rights obligations. It welcomed the steps that had been taken to address the issue of
sexual violence and encouraged the Government to seek ways to increase the number of
cases that were successfully prosecuted. The United Kingdom made recommendations.
62. The United States of America noted the efforts of Antigua and Barbuda to eliminate
violence and discrimination against persons with HIV/AIDS, especially among the police
forces. It recognized administrative efforts to provide prisoners with adequate complaint
mechanisms but remained concerned about the harsh, overcrowded conditions in Her
Majesty’s Prison. It also noted the high incidence of violence against women, especially
spousal abuse and sexual harassment, and the existence of laws that criminalized same-sex
sexual activity between consenting adults. The United States made recommendations.
63. Uruguay welcomed the implementation of social policies to reduce poverty and meet
the needs of the most vulnerable groups. Uruguay regretted that no special procedure
mandate holder had visited Antigua and Barbuda in recent years and invited the country
to request technical assistance to increase its cooperation with the international machinery.
Uruguay was concerned that the legal framework authorized the use of corporal punishment
and that someone who had committed a crime while under the age of 18 could be sentenced
to life imprisonment. Uruguay invited the Government to review this legislation. It
encouraged Antigua and Barbuda to adopt a national gender policy and to strengthen
12 GE.16-10597
capacities in regard to gender in ministries, departments and agencies. Uruguay made
recommendations.
64. Brazil noted with appreciation the ratification of the Convention on the Rights of
Persons with Disabilities and encouraged Antigua and Barbuda to take concrete measures
towards ratification of its Optional Protocol. Brazil appreciated the fact that Antigua and
Barbuda had de facto abolished the death penalty, which had not been applied since 1991,
and encouraged the formal abolition of capital punishment. Brazil expressed concerns about
the situation of victims of domestic violence in Antigua and Barbuda and encouraged
initiatives to prevent and eliminate violence and discrimination against women and girls.
Brazil made recommendations.
65. Antigua and Barbuda reiterated that it was aware of the importance that the Working
Group attached to abolition of the death penalty, noted that the Eastern Caribbean Supreme
Court had not used it for decades and stated that the Government could consider declaring a
moratorium, or a similar gesture, in response to the concerns expressed during the review.
66. The delegation also restated its understanding regarding the concerns expressed
during the interactive dialogue on the legal ban on consensual sex between adults of the
same sex. It added that it understood that, from a human rights perspective, the fact that no
one had been prosecuted under those provisions was unsatisfactory. Nevertheless, the
delegation expressed its concern that a sudden change on these sensitive matters could
generate a counterproductive reaction from public opinion.
67. The Government considered that gender-based violence was a serious issue and that
it should be treated along with violent behaviour in general. The gender affairs department
regularly went to schools to create awareness of the issue and to show how to resolve
disagreements and problems without recourse to violence.
68. With regard to prison overcrowding, the delegation agreed that a new penal facility
was urgently needed. In addition to the measures to address overcrowding already
described, the delegation stated that the Government was trying to increase the number of
prosecutors and judges in order to reduce the time that a detainee had to wait for trial.
69. Corporal punishment of children was another issue that appeared in laws and for
which time would be required in order to change the views of Antiguans.
70. The delegation considered that the Government should not have major difficulties in
acceding to the International Covenant on Civil and Political Rights and other core human
rights treaties. It took the point that the fact that many matters were not a problem in the
islands did not mean that Antigua and Barbuda could not become a party to the relevant
conventions.
71. The Government was concerned at pregnancy among adolescents, even though the
number of teenagers who became pregnant was relatively small. The Government had
previously sponsored a programme for girls who had become pregnant to finish school, but
it had not been possible to continue with it because of a lack of resources.
72. Responding to concerns raised regarding health care, the delegation stated that
Antigua and Barbuda had a relatively new hospital and clinics throughout the country that
provided services to those who needed them. Additionally, the Government had started a
preventive programme to address the high incidence of diabetes in the islands — a problem
that affected the Caribbean region in general.
73. The delegation acknowledged that there were large numbers of migrant workers
residing in Antigua and Barbuda from Spanish-speaking countries, in particular from the
Dominican Republic. The Government was making efforts to integrate that community and
provided it with legal and health services in Spanish.
GE.16-10597 13
74. The delegation again addressed the issue of women in decision-making positions
and stated that Antigua and Barbuda had women permanent secretaries and Crown counsel.
The delegation considered that the participation of women in elected positions could take
some time, though it stressed that there were two women in Parliament and that the
President of the Senate was a woman. This was an ongoing process but Antigua and
Barbuda was on the right track.
75. The delegation thanked the Working Group for all the recommendations that it had
received. They were very helpful and would be carefully considered by the Government,
which was committed to human rights.
II. Conclusions and/or recommendations**
76. The recommendations formulated during the interactive dialogue/listed below
have been examined by Antigua and Barbuda and enjoy the support of Antigua and
Barbuda:
76.1 Seek and avail itself of technical assistance opportunities for training of
personnel in international human rights treaty monitoring and reporting
(Bahamas);
76.2 Seek technical assistance from the Office of the High Commissioner for
Human Rights to support the national efforts aimed at implementing the
human rights obligations of Antigua and Barbuda (Egypt);
76.3 Promote further engagement with international human rights
mechanisms, including in seeking technical assistance from the Office of the
United Nations Commissioner for Human Rights (Indonesia);
76.4 Seek the requisite technical assistance needed in order to meet its
international human rights obligations (Sierra Leone);
76.5 Seek technical assistance, as appropriate, from the Office of the High
Commissioner for Human Rights and other United Nations organizations, with
a view to developing capacity for fulfilling various international human rights
obligations to which it subscribes (Trinidad and Tobago);
76.6 Continue restoring and promoting the human rights of its people, taking
into particular consideration the most vulnerable groups, as it has been doing it
from its last review (Nicaragua);
76.7 Maintain its efforts for the incorporation of the provisions of the
Convention on the Rights of the Child in its national legislation and public
policies (Ecuador);
76.8 Continue to promote and protect rights of children (Pakistan);
76.9 Strengthen the national policies on gender to reduce discrimination
against women and increase their participation in the political and economic
spheres (Chile);
76.10 Strengthen the efforts to promote the full participation of women in all
aspects, eliminate discrimination against women, and ensure access to justice
for victims of domestic violence and sexual harassment (Malaysia);
** The conclusions and recommendations have not been edited.
14 GE.16-10597
76.11 Continue its actions to promote gender equality and the full
participation of women in the political, economic and social life of the country
(Cuba);
76.12 Continue to promote women’s empowerment (Pakistan);
76.13 Continue the efforts to ensure that national legislation prohibits
discrimination on the grounds of disability, sexual orientation, gender identity
and social status (Mexico);
76.14 Take measures to reduce overcrowding in prisons (China);
76.15 Introduce alternatives to imprisonment for minor offences, with a view
to reducing overcrowding and improving the situation of prisoners in general
(Portugal);
76.16 Effectively apply the law on intra-family violence to combat domestic
violence and promote gender equality (China);
76.17 Strengthen the measures to combat domestic violence, in particular the
effective implementation of the existing legal framework, data collection and
training of State officers responsible for receiving complaints (Colombia);
76.18 Strengthen its policies to fight violence, especially gender-based violence
and sexual violence (Spain);
76.19 Continue its efforts in fighting all forms of violence against women
(Portugal);
76.20 Take all necessary measures to effectively strengthen the combat against
domestic violence and sexual violence against women (France);
76.21 Take steps to ensure implementation of the Domestic Violence Act and
the Sexual Offences Act (Maldives);
76.22 Prevent, punish and eradicate all forms of violence against women,
including marital rape (Panama);
76.23 Review its domestic legislation in order to criminalize sexual abuse
within marriage (Honduras);
76.24 Implement recent legislation on the rights of the child and strengthen
efforts to prevent and combat all forms of discrimination and violence against
children and other vulnerable groups, including through awareness-raising
campaigns, dedicated training of law-enforcement personnel and adequate
support to victims of violence (Italy);
76.25 Develop a strategy and public policies against child neglect and abuse
(Panama);
76.26 Strengthen measures to assist victims of human trafficking, taking into
account their fundamental rights and the needs of particularly vulnerable
groups such as women domestic workers and sex workers (Colombia);
76.27 Ensure effective implementation of the legislation against trafficking of
human beings and enhance support to the victims of trafficking, especially
women and children (Italy);
76.28 Continue to implement laws, policies and programmes targeted at
combating trafficking in persons, prosecute the identified perpetrators and
provide rehabilitation for victims of trafficking in persons (Malaysia);
GE.16-10597 15
76.29 Establish a formal procedure to identify victims of trafficking, search for
alternatives to the detention of the victims, and transfer them to the necessary
services, including, when pertinent, the asylum procedure (Mexico);
76.30 Continue strengthening its successful social policies in favour of the most
vulnerable sectors of its people, with the assistance and cooperation of the
international community required by the country (Bolivarian Republic of
Venezuela);
76.31 Continue implementing measures for the reduction and alleviation of
poverty (Cuba);
76.32 Make a concerted effort to increase the number of households with
access to piped water, sanitation and electricity, with appropriate assistance
from bilateral, regional and international partners (Jamaica);
76.33 Continue its efforts towards universal access to education, including the
provision of free schooling at all levels (South Africa);
76.34 Work toward enacting legislation to incorporate the Convention on the
Rights of Persons with Disabilities in its national law (Bahamas);
76.35 Take steps to develop the necessary laws, policies and programmes to
progressively meet its obligations under the Convention on the Rights of
Persons with Disabilities, including by ensuring access to all public facilities
(Canada);
76.36 Formulate and implement a public policy for persons with disabilities
with a view to protecting them from violence and discrimination and to
facilitating their social integration (Colombia);
76.37 Encourage and strengthen work regarding special education of persons
with disabilities (Maldives).
77. The recommendations below did not enjoy the support of Antigua and Barbuda
and would thus be noted:
77.1 Consider acceding to all United Nations human rights instruments
(Egypt);
77.2 Accede to all core United Nations human rights instruments as soon as
possible, particularly those it agreed to enact during its 2011 universal periodic
review appearance (Australia);
77.3 Continue the efforts to ratify international human rights treaties and
instruments to which Antigua and Barbuda is not yet a party (Morocco);
77.4 Continue acceding to the main international human rights instruments
to which it is not yet a party, particularly to the International Convention for
the Protection of All Persons from Enforced Disappearance (Argentina);
77.5 Consider acceding to all core United Nations human rights instruments,
including the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families (Indonesia);
77.6 Ratify the International Covenant on Economic, Social and Cultural
Rights; the International Covenant on Civil and Political Rights; the Optional
Protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment; the Optional Protocol to the Convention
on the Rights of the Child on the involvement of children in armed conflict; and
16 GE.16-10597
the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families (Guatemala);
77.7 Become a State party to the International Covenant on Civil and
Political Rights; the International Covenant on Economic, Social and Cultural
Rights; the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment and its Optional Protocol; the
International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families; the International Labour
Organization Indigenous and Tribal Peoples Convention, 1989 (No. 169); and
the Convention against Discrimination in Education (Honduras);
77.8 Move forward with the ratification of the International Covenants on
Civil and Political Rights and on Economic, Social and Cultural Rights,
including the Second Optional Protocol to the International Covenant on Civil
and Political Rights, aiming at the abolition of the death penalty (Chile);
77.9 Consider ratification of the International Covenant on Economic, Social
and Cultural Rights; and the International Covenant on Civil and Political
Rights and its optional Protocols (Namibia);
77.10 Sign and ratify the International Covenant on Civil and Political Rights;
the International Covenant on Economic, Social and Cultural Rights; and the
International Convention for the Protection of All Persons from Enforced
Disappearance (Spain);
77.11 Ratify the International Covenant on Civil and Political Rights; the
International Covenant on Economic, Social and Cultural Rights; and the 1961
Convention on the Reduction of Statelessness (Panama);
77.12 Ratify the International Covenant on Civil and Political Rights as well as
the International Covenant on Economic, Social and Cultural Rights (Costa
Rica);
77.13 Ratify the International Covenant on Civil and Political Rights (France)
(Ghana) (Italy) (Montenegro) (Sierra Leone);
77.14 Ratify the International Covenant on Economic, Social and Cultural
Rights (France) (Ghana) (Italy) (Sierra Leone);
77.15 Ratify the Optional Protocol to the Convention against Torture (Costa
Rica) (Denmark) (Uruguay);
77.16 Ratify the International Convention for the Protection of All Persons
from Enforced Disappearance (Sierra Leone) (Uruguay);
77.17 Consider acceding to the 1990 International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their
Families (Ecuador);
77.18 Ratify the International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families (Ghana) (Sierra Leone);
77.19 Ratify the Optional Protocol to the Convention on the Rights of the
Child on the involvement of children in armed conflict (Uruguay);
77.20 Ratify the ILO fundamental conventions on labour rights and social
security and the UNESCO ones relating to corporal punishment (Paraguay);
77.21 Ratify the American Convention on Human Rights and accept the
jurisdiction of the Inter-American Court of Human Rights (Brazil);
GE.16-10597 17
77.22 Establish a National Human Rights Institution in accordance with the
Paris Principles, as per the recommendations from its last universal periodic
review appearance (Australia);
77.23 Establish a national human rights institution in accordance with the
Paris Principles (Egypt) (Namibia);
77.24 Strengthen its national human rights institution in accordance with the
Paris Principles (Honduras);
77.25 Continue the efforts to promote human rights, with the strengthening of
the national legislative framework on human rights (Morocco);
77.26 Implement a national system that will enable the Government to have a
better and more fluid relationship with the United Nations human rights
bodies, including invitations to the relevant special procedures (Paraguay);
77.27 Encourage the legislative measures and policies necessary to ensure the
protection and promotion of the rights of boys and girls, in following up the
recommendations received during the previous review cycle (Mexico);
77.28 Submit all overdue reports to the relevant human rights treaty bodies
and issue standing invitations to all special procedures (Ghana);
77.29 Submit its overdue reports to the Committee on the Elimination of
Racial Discrimination, the Committee on the Elimination of Discrimination
against Women and the Committee against Torture (Sierra Leone);
77.30 Extend a standing invitation to all the special procedures of the Human
Rights Council (Uruguay);
77.31 Undertake a comprehensive review of its domestic legislation to bring it
into line with the international conventions to which it is a party, in order to
eradicate any form of discrimination (Honduras);
77.32 Adopt and implement a National Gender Policy, in consultation with all
interested stakeholders, prior to its next Universal Periodic Review (Canada);
77.33 Implement legislative measures to increase the percentage of women in
decision-making and popular election positions (Costa Rica);
77.34 Raise at the national level the institutions responsible for the design and
implementation of gender policies (Paraguay);
77.35 Continue efforts at protecting all members of society from
discrimination, harassment and violence, regardless of their sexual orientation
(South Africa);
77.36 Adopt the additional necessary measures to ensure the full enjoyment of
human rights by the vulnerable groups which are subjected to discrimination,
such as lesbian, gay, bisexual, transgender and intersex persons, including the
investigation and punishment of cases of discrimination, as well as the
abrogation of norms that criminalize and stigmatize (Argentina);
77.37 Enact legislation prohibiting discrimination against lesbian, gay,
bisexual, transgender and intersex persons, including removing laws
criminalizing same-sex activity (Australia);
77.38 Carry out awareness and education campaigns in favour of non-
discrimination based on sexual orientation (Spain);
18 GE.16-10597
77.39 Eliminate the provisions that criminalize same-sex sexual relations
between adults (Chile);
77.40 Put an end to the legal discrimination against lesbian, gay, bisexual,
transgender and intersex persons and to the criminalization of homosexuality
(France);
77.41 Abolish all provisions that criminalize consensual same-sex relationships
and adopt a national policy to promote tolerance and address discrimination
and violence against lesbian, gay, bisexual, transgender and intersex persons
(Germany);
77.42 Repeal articles 12 and 15 of the Sexual Offences Act of 1995 that
criminalize sexual relations between consenting individuals of the same sex,
which are contradictory to the commitment of non-discrimination
(Netherlands);
77.43 Decriminalize relations between persons of the same sex (Honduras);
77.44 Decriminalize sexual relations between consenting adults of the same sex
(Slovenia);
77.45 Decriminalize consenting homosexual relations between adults (Spain);
77.46 Reform the penal code to decriminalize private, same-sex sexual activity
between consenting adults (United States of America);
77.47 Take concrete measures with a view to decriminalizing consensual same-
sex relations and abolishing any discriminatory legislation against lesbian, gay,
bisexual, transgender and intersex persons, even if such laws are not applied in
practice (Brazil);
77.48 Establish a formal moratorium on the death penalty with a view to
ratifying the Second Optional Protocol to the International Covenant on Civil
and Political Rights (Australia);
77.49 Establish a formal moratorium on the death penalty and ratify the
Second Optional Protocol to the International Covenant on Civil and Political
Rights, with a view to abolishing capital punishment both in practice and in law
(Portugal);
77.50 Establish an official moratorium on executions and ratify the Second
Optional Protocol to the International Covenant on Civil and Political Rights,
aiming at the abolition of the death penalty, so as to bring national legislation
into conformity with the de facto moratorium (Netherlands);
77.51 Abolish the death penalty and ratify the Second Optional Protocol to the
International Covenant on Civil and Political Rights aiming at the abolition of
the death penalty (France);
77.52 Ratify the Second Optional Protocol to the International Covenant on
Civil and Political Rights, aiming at the abolition of the death penalty
(Montenegro);
77.53 Consider establishing an official moratorium on executions with a view
to abolishing the death penalty as called for by United Nations General
Assembly resolution 69/186 (Germany);
77.54 Consider taking all necessary steps to establish a de jure moratorium on
executions with a view to fully abolishing the death penalty (Italy);
GE.16-10597 19
77.55 Establish an official moratorium on the death penalty, with a view to its
full abolition (Slovenia);
77.56 Abolish the death penalty (Honduras);
77.57 Abolish the death penalty and commute to prison terms the death
sentences already pronounced (Panama);
77.58 Abolish the death penalty and in the interim rigorously apply
international standards for fair trial in all death penalty cases and respect
national legal procedures and the standards required by the Privy Council and
the United Nations for the protection of the rights of prisoners sentenced to
death (United Kingdom of Great Britain and Northern Ireland);
77.59 Consider taking steps towards the abolition of the death penalty (South
Africa);
77.60 Carry out awareness-raising campaigns in relation to the lack of
deterrent effects in the application of capital punishment and establish a
de jure moratorium aiming at the total abolition of the death penalty (Spain);
77.61 Improve conditions of detention and reduce the duration of detention
with faster legal proceedings and investing into infrastructure to address prison
overcrowding (Germany);
77.62 Increase the resources aimed at improving the conditions of prisons,
especially in relation to health conditions and the separation of prisoners
according to the type of crime committed and level of risk (Spain);
77.63 Take effective measures to ensure that conditions of detention at Her
Majesty’s Prison are in conformity with United Nations Standard Minimum
Rules for the Treatment of Prisoners, including by reducing overcrowding
(Canada);
77.64 Establish a national coordination system to solve the problem of violence
against women (Guatemala);
77.65 Consider amending the Sexual Offences Act to include marital rape in
all circumstances (Portugal);
77.66 Criminalize marital rape (Slovenia);
77.67 Pass legislation explicitly defining and prohibiting sexual harassment in
the public and private sectors, with protections against retaliation for those
who report (United States of America);
77.68 Strengthen the national legal framework to protect children from all
forms of violence (Algeria);
77.69 Prohibit and criminalize the corporal punishment of children
(Honduras);
77.70 Prohibit corporal punishment of children in all settings, as previously
recommended (Slovenia);
77.71 Conduct a thorough review of criminal justice procedures in order to
identify measures to reduce the length of detention without trial (United
Kingdom of Great Britain and Northern Ireland);
77.72 Raise the age of criminal responsibility as proposed in the model Child
Justice Bill of the OECS from 2007 (Germany);
20 GE.16-10597
77.73 Build enough housing facilities so offenders under the age of 18 are
housed separately from the general prison population (United States of
America);
77.74 Allocate more resources to develop health-care services, health-care
infrastructure and health education, in order to improve maternal health
(Algeria);
77.75 Dedicate more resources to advance health-care services (Maldives);
77.76 Allow abortion, especially in cases where the pregnancy involves a risk to
the life or health of the pregnant woman, or is the result of rape or incest
(Slovenia);
77.77 Ensure comprehensive sexuality education with a view to preventing
teen pregnancies and the spread of sexually transmitted infections, in
particular HIV (Slovenia);
77.78 Establish measures and policies to encourage greater participation of
girls in the higher education systems (Sierra Leone).
78. All conclusions and/or recommendations contained in the present report reflect
the position of the submitting State(s) and/or the State under review. They should not
be construed as endorsed by the Working Group as a whole.
GE.16-10597 21
Annex
Composition of the delegation
The delegation of Antigua and Barbuda was headed by Parliament Secretary within
the Ministry of Legal Affairs and Public Safety, Senator Maureen Payne.