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CORE DOCUMENTS FORMING PART OF THE REPORTS OF STATE PARTIES

ANTIGUA AND BARBUDA
HRI CORE 1

Land and People

Located at 17 degrees latitude North and 61 degrees longitude West, Antigua and Barbuda actually consists of three main Islands, Antigua, Barbuda and Redonda. There are also several small dependent islands surrounding such as Guiana Island, Bird Island and Long Island. With a measurement of 280 square kilometers, Antigua is the largest islands with Barbuda covering an area of 161 square kilometers and Redonda barely covering 1 sq. km. Geographically, Antigua and Barbuda are predominantly low-lying limestone and coral islands, with a few higher volcanic areas.

The first people known to have lived in Antigua, the Siboney, were of the Meso-Indian Age. Around the second century BC, an Amerindian people referred to as the Arawaks left their original home in Venezuela and established settlements in Antigua that remained until the first British settlement was created. None of either group remains on the islands. Ninety one percent of Antiguans and Barbudans are people of African decent. Their forefathers were brought as slaves in the 17th and 18th centuries from the West Coast of Africa. The rest of the population is made up of Lebanese and Syrians who came as traders at the beginning of the 20th century. Present are also West Indians from other Caribbean Islands such as Dominica, Montserrat, Guyana, Jamaica, Santo Domingo. Recently, there has been a small influx of Chinese from the Peoples Republic of China.

According to the figures obtained in Antigua and Barbuda Preliminary Census Report 2001 the enumerated preliminary count of the resident population of Antigua and Barbuda stands at 70, 737. This comprised of 33,643 males and 37,094 females. This compares with counts of 60,840 in 1991.

Presented here are the key demographic indicators as requested in UN Document HRI/CORE/1.

Population: 68,000 (2001 estimate)
Population percentage male/female: 48.2%/51.8% (1991)
Per capita income: $22 140 ECD / $8200 USD (1999 est.)
Gross Domestic Product: $1.21B ECD / $448M USD (2000)
Rate of inflation: 1.6% (1999 est.)
External debt: $1.05B ECD / $387.77M USD (1999)
Rate of unemployment (male/female): 5% (1997)
Literacy rate (male/female): 90%/88% (1960 est.)
Major religions: 31.57% Anglican, Moravian 11.78%, Roman Catholic 10.61%, Methodist 8.96%, Seventh Day Adventist Pentecostal 5.07%
Population by ethnic origin: 91.3% African/Negro/Black, 3.7% mixed, 2.4% white, 2.6% other/not stated
Life expectancy (male/female): 68.45 / 73.14 (2001 est.)
Infant mortality: 22.33/1000 live births (2001 est.)
Maternal mortality: N/A
Fertility rate: 2.31 children born/woman (2001 est.)
Percentage of population under 15: 30.5% (1991)
Percentage of population over 65: 8.2% (1991)
Percentage of population in urban / rural areas: 34%/66% (1991)
Percentage of households headed by women: 41.5% (1991)

General Political Structure

On 1 November 1981, Antigua and Barbuda became an independent state within the British Commonwealth. The political structure of the Government of Antigua and Barbuda is firmly rooted in parliamentary democracy patterned on the Westminster system in Britain. The State system comprises the government, the parliament, the judiciary and the Head of State. Antigua and Barbuda's Head of State is Queen Elizabeth II. She is represented by the Governor General who is appointed by the government. The role of the Head of State is largely ceremonial although the Constitution of Antigua and Barbuda vests certain limited powers in the office.

There are several political parties which contest elections at least every five years when Antiguan and Barbudans of 18 and over can vote to choose a government. The country is divided into 17 constituencies and parties contesting the elections nominate one candidate for election in each constituency. A general election is won by the party whose candidates are elected in nine or more constituencies. The victorious party then forms a government consisting of a Prime Minister and several Ministers. Parliament has two chambers- an assembly of representatives of parties or individuals who are elected by the majority votes in the constituencies, and a Senate whose members are appointed by the Governor General, the Prime Minister and the leader of the opposition in parliament. Parliament makes the laws of the country.

The judiciary is entirely independent of the government. Both trial judges and appeal court judges are appointed by the consensus of seven governments of the Organisation of the Eastern Caribbean States. The judiciary acts to safeguard the constitutional rights and freedoms of Antiguans and Barbudans. Since human rights issues are embodied in the constitution and legislation of Antigua and Barbuda, there is no specific court that has exclusive jurisdiction over human rights. Rather, the judiciary in its entirety has such jurisdiction. Justice on the islands of Antigua and Barbuda is rendered by the following courts:

(a) Magistrate Courts: As prescribed in the Magistrate's Code of Procedure, these courts are the primary courts of Antigua and Barbuda. For the purposes of holding Magistrates' Courts, Antigua and Barbuda is divided into three districts. Each District Magistrate is also a Justice of the Peace, and is responsible for holding preliminary inquiries into all criminal charges and small claims in civil matters. Decisions made at the Magistrate Court level may be appealed to the Court of Appeal of the Eastern Caribbean Supreme Court.

(b) Supreme Court: As prescribed in the Supreme Court Order, these courts, styled as the Eastern Caribbean Supreme court, function as the superior court of record for the following OECS (Organization of Eastern Caribbean States) member states:

Antigua and Barbuda
British Virgin Islands
Dominica
Grenada
Montserrat
Saint Kitts and Nevis
Anguilla
Saint Lucia
Saint Vincent and the Grenadines

The Supreme Court consists of both a Court of Appeal and a High Court of Justice. The Court of Appeal hears appeals from the Magistrates Court and the High Court The High Court hears indictable criminal matters, civil matters and constitutional matters,
(c) Judicial Committee of the Privy Council (JCPC): The Judicial Committee of the Privy Council, located in London, stands as the final court of appeal for Antigua and Barbuda. It hears appeals from the Court of Apppeal, and its decisions are binding on all OECS member states.

General Legal Framework within which human rights are protected

In Antigua and Barbuda the civil and political rights of persons are protected by the Antigua and Barbuda Constitution Order, which came into force on 1st November 1981, when Antigua and Barbuda gained independence from the United Kingdom. The Constitution includes provisions safeguarding the fundamental freedoms of the individual, irrespective of race, place of origin, political opinions, color, creed or sex, subject to respect for the rights and freedoms of others and for the public interest.
These rights are encoded in Chapter 2 of the Constitution Order. The following is an enumeration of the specific rights guaranteed in this Chapter:

1. Fundamental rights and freedom of the individual
2. Protection of right to life
3. Protection of right to personal liberty
4. Protection from slavery and forced labor
5. Protection from inhuman treatment
6. Protection from freedom of movement
7. Protection from deprivation of property
8. Protection of person or property from arbitrary search or entry
9. Protection of freedom of conscience
10. Protection of freedom of expression including freedom of the press
11. Protection of freedom of assembly and association
12. Protection from discrimination on grounds of race sex ect.
13. Provision to secure protection
14. Protection of persons detained under emergency laws

Any person who alleges a breach of these rights may apply for redress in the High Court.

The Constitution provides for derogation of these constitutional rights in states of emergencies, which may be called by proclamation of the Governor General. During such a period fundamental rights may be restricted, abridged and limited to the extent necessary to cope with the cause of the emergency. Before provisions of any international agreements to which Antigua and Barbuda is party can become enforceable by the courts, legislation implementing the Convention is necessary.

Chapter 2 of the Constitution provides that if any person alleges that his constitutional rights are being or have been violated, he may apply for redress in the High Court of Antigua and Barbuda. The High Court shall have original jurisdiction to hear and determine any application made and may make such orders and declarations issue writs and give direction as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of the Constitution.

There are civil remedies available to protect the rights of citizens. These are the prerogative writs of certiorari and mandamus, for example. The courts exercise a supervisory jurisdiction through these writs. Certiorari is defined as an order issued to an inferior court or body or person exercising what is regarded by the High Court as a judicial or quasi- judicial function, to have the record of the proceedings reviewed by the High Court and to be quashed if faulty. Certiorari is used to restrain public authorities from acting where they have no jurisdiction or where they have exceeded their jurisdiction. Certiorari is often used by public servants and others, eg. police officers, soldiers, students, to challenge decisions relating to dismissal or expulsion, transfer or disciplinary proceedings. It is also used to review decisions made without regard to the principles of natural justice. Mandamus is an order which may be issued to any person or body, commanding him or them to carry out some public duty.

Additionally, there exists within the government of Antigua and Barbuda a very important office - that of the Ombudsman. The Ombudsman's office exists as a distinct and impartial entity, with the express purpose of fielding complaints or concerns of the populace regarding the fairness and justice of the ruling party's actions. Also if violations are alleged on the part of an administrator within Government, complaints may be taken to the Ombudsman.

The Ombudsman Act 1994 stipulates that the Ombudsman may refuse to investigate a case if:

1. the subject- matter of the complaint is trivial
2. the complaint is frivolous or vexatious or is not made on good faith or
3. the complainant has not a sufficient personal interest in the subject- matter of the complaint

This position is a non-elected, non-partisan position within the government. The Ombudsman reports directly to the legislature, presenting his facts and findings on an annual basis. Additionally the results of his investigations are published in yearly reports for all to see.

Information and Publicity

The Ombudsman reports annually to Parliament on cases brought to his attention. The information is disseminated widely by way of press conferences, news releases and interactive programmes on radio and television.
The Ombudsman Report of 2001 was actually launched and distributed in International Human Rights Day in order to focus attention on Human Rights Issues. The Office of the Ombudsman collaborates with a local NGO to distribute to the public copies of the United Nations Universal Declaration on Human Rights. Copies of the Declaration are also prominently displayed in the office.