a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings. There were no updates on the February 2017 police killing that occurred in Boetica.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

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

The constitution prohibits such practices, and there were no reports that government officials employed them.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: There were no major concerns in the country’s sole prison, Stockfarm Prison, regarding physical conditions or inmate abuse.

Administration: Authorities conducted proper investigations of credible allegation of mistreatment.

Independent Monitoring: An independent committee composed of the chief welfare officer, justices of the peace, chaplain, youth welfare officers, social workers, and senior retired civil servants visited the prison once per month to investigate complaints and monitor prison and detention center conditions. Prisoners could request meetings with the superintendent to lodge complaints. The government permitted visits by independent human rights observers. As of October no independent human rights observers visited the prison.

Improvements: During the year the prison finished installing beds and toilets in the maximum-security unit, built new administrative offices, and repaired its electrical room, which was damaged during Hurricane Maria.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Ministry of Justice, Immigration, and National Security oversees the Commonwealth of Dominica Police Force, the country’s only security force. The Financial Intelligence Unit reports to the Ministry of Legal Affairs and some of its officers have arrest authority.

Civilian authorities maintained effective control over police, and the government had effective mechanisms to investigate and punish abuse. There were no reports of impunity involving the security forces during the year. New recruits received human rights training.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Police apprehended persons using warrants issued by a judicial authority. The law requires that authorities inform persons of the reasons for their arrest within 24 hours and bring detainees to court within 72 hours. Authorities generally honored this requirement. If authorities are unable to bring a detainee to court within the requisite period, the detainee may be released and rearrested at a later time. There was a functioning bail system. Criminal detainees had prompt access to counsel and family members. The state provides a lawyer if a defendant charged with murder cannot afford one.

Arbitrary Arrest: In August 2017 police charged opposition political figures with “obstruction of justice and incitement.” Three of them appeared at the high court in September, and the magistrate set the next hearing for March 28, 2019. The charges stemmed from public disturbances that occurred in February 2017, when police arrested four opposition UWP leaders on the grounds that a UWP public political meeting incited a subsequent riot. Police alleged that opposition members had attempted a coup and charged one of them with obstructing a police officer, but the court dismissed the charge against that individual.

Pretrial Detention: Lengthy detention before trial was a problem due to judicial staff shortages. On average, prisoners remained on remand status for six to 24 months. According to prison management, the average length of time prisoners remained on remand status was two months, while civil society claimed the waiting time was between six and 24 months.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

Inadequate prosecutorial and police staffing, outdated legislation, and a lack of magistrates resulted in severe backlogs and other problems in the judicial system.

TRIAL PROCEDURES

The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Defendants have the right to a presumption of innocence; prompt and detailed information about charges; a trial without undue delay; personal presence at their trial; communication with an attorney of their choice; adequate time and facilities to prepare a defense; free assistance of an interpreter; challenge of prosecution or plaintiff witnesses and presentation of one’s own witnesses and evidence; freedom from being compelled to testify or confess guilt; and appeal. Attorneys are not provided at public expense to defendants who cannot pay, unless the charge is murder.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

For civil matters there is an independent, impartial judiciary to which one can bring lawsuits seeking damages for a human rights violation. Individuals and organizations cannot appeal adverse domestic decisions to regional human rights courts for a binding decision; however, individuals and organizations may present petitions to the Inter-American Commission on Human Rights.

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

The constitution prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

a. Freedom of Speech and Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Press and Media Freedom: Government officials at times did not permit journalists to attend parliamentary sessions.

Libel/Slander Laws: Defamation is a criminal offense punishable by imprisonment or fines. While there were no active defamation suits against local journalists, there was one active libel case against the leader of the opposition. Media representatives reported that public and private threats of lawsuits were used against media outlets and individual reporters, leading to some self-censorship.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

According to the International Telecommunication Union, 67 percent of the population used the internet in 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

FREEDOM OF PEACEFUL ASSEMBLY

Following the February 2017 opposition political party’s public meeting and subsequent riot, the government denied the opposition a number of permits to hold public meetings, citing public safety. There were no reports that the government denied permits during the year.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for asylum or refugee status. The government has not established a system for determining when to grant asylum or for providing protection to refugees in general.

A number of domestic and international human rights and advocacy organizations generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views.

Government Human Rights Bodies: According to the constitution, a parliamentary commissioner has responsibility for investigating complaints against the government. This position, however, has never been filled.

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape. Although the maximum sentence for sexual molestation (rape or incest) is 25 years’ imprisonment, the usual sentence was five to seven years. Police generally were not reluctant to arrest or prosecute offenders. Whenever possible, female police officers handled rape cases. Women were reluctant to report domestic violence to police. The only shelter for victims of gender-based violence remained closed since Hurricane Maria in September 2017.

Civil society reported that sexual and domestic violence was common. The government recognized it as a problem, but according to civil society groups, understanding of gender-based violence, particularly domestic violence, was low among the general population. Although no specific laws criminalize spousal abuse, spouses were able to bring charges against their partners for battery.

The law allows abused persons to appear before a magistrate without an attorney and request a protective order.

Sexual Harassment: The law does not prohibit sexual harassment. Civil society reported it was a pervasive problem.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The constitution provides women with the same legal rights as men, but property deeds continued to be given to heads of households, who were usually men. The law establishes pay rates for civil service jobs without regard to gender.

Children

Birth Registration: Citizenship is derived by birth within the country’s territory or to a citizen parent. Birth certificates were provided to parents on a timely basis. Failure to register resulted in denial of access to public services except emergency care.

Child Abuse: Child abuse was reportedly a pervasive problem, but up-to-date statistics on child abuse cases were not available.

Early and Forced Marriage: The legal minimum age for marriage is 18 for both men and women, but marriage is permitted at age 16 with parental consent.

Sexual Exploitation of Children: The age of consent for sexual relations is 16. The law prohibits commercial sexual exploitation of children for purposes of prostitution, and related activity may be prosecuted under laws against prostitution or trafficking. The law protects all persons from “unlawful sexual connection,” rape, procurement for prostitution, and incest. It prohibits sexual intercourse between a child and an adult and increases the penalty to 25 years of imprisonment for an adult who rapes a child whom the adult employs or controls, or to whom the adult pays wages. A 2016 amendment criminalizes behaviors such as voyeurism.

The maximum sentence for sexual intercourse with a person under the age of 14 years is 25 years in prison. When victims are between ages 14 and 16, the maximum sentence is 14 years.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

There is no organized Jewish community in the country, and there were no reports of discrimination or anti-Semitic acts.

Trafficking in Persons

There were no confirmed reports during the year that the country was a source, destination, or transit country for victims of human trafficking.

Persons with Disabilities

The law does not specifically prohibit discrimination against persons with disabilities. There is no legal requirement mandating access to buildings for such persons. Although persons with disabilities have the right to vote, polling stations were often inaccessible.

Children with physical disabilities and those with hearing and vision disabilities were integrated into mainstream schools. Civil society reported that one visually impaired student completed the entire mainstream education with the help of a teacher. The government funded a separate special education school for children with intellectual or mental disabilities.

Indigenous People

The Kalinago (Carib) population was estimated at 3,000 persons, most of whom lived in the 3,782-acre Kalinago Territory. The government recognizes their special status, and their rights are protected in law and practice. The law allocates Kalinago territory and gives the local council its authority, including the exercise of veto power over new infrastructure projects within the territory. Some societal discrimination against the Kalinago existed, most notably when Kalinago children attended schools outside the territory.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

Consensual same-sex sexual activity for both sexes is illegal under indecency statutes. The law also prohibits anal intercourse between males. The government reported rare enforcement of both statutes, and there were no instances of the law being enforced through September. Indecency statutes carry a maximum penalty of five years in prison, and same-sex sexual conduct between consenting adult men carries a maximum penalty of 10 years. No laws prohibit discrimination against a person on the basis of sexual orientation, gender identity or expression, or sex characteristics in employment, housing, education, or health care.

Anecdotal evidence suggested that strong societal and employment discrimination against persons due to their real or perceived sexual orientation, gender identity or expression, or sex characteristics was common. Furthermore, civil society organizations reported that lesbian, gay, bisexual, transgender, and intersex (LGBTI) victims of violence or harassment avoided notifying police of abuse because of social stigma. Stigma and fear of abuse and intimidation prevented LGBTI organizations from developing their membership or executing activities such as Pride marches.

HIV and AIDS Social Stigma

Reports from civil society indicated individuals with HIV feared job discrimination if their HIV status became public. This fear resulted in patients not seeking treatment at a hospital.

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

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

The law prohibits such practices, and there were no reports government officials employed them, with the exception of flogging, a common form of punishment for petty crimes such as traffic violations, theft of agricultural products, and petty larceny.

Prison and Detention Center Conditions

Prison and detention center conditions did not meet international standards. Overcrowding was a serious problem.

Physical Conditions: In August there were 460 prisoners in the country’s sole penitentiary, which was designed for 198 persons. The Grenada Human Rights Organization claimed the prison often held up to six to eight prisoners per cell, exceeding the UN recommendation of no more than three per cell. In the male block, potable water normally was available in prison hallways but not in the cells.

Administration: Authorities conducted proper investigations of credible allegations of mistreatment.

Independent Monitoring: The prison visiting committee and the prison welfare officer conducted monthly visits and accepted allegations of mistreatment.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Royal Grenada Police Force (RGPF), led by the police commissioner, maintains internal security. The country does not have a military force. The RGPF encompasses the coast guard, a special service unit, a firefighting unit, immigration and border control, and other specialized units. The RGPF is supplemented by 193 rural constables. The police force reports to the minister for national security, a portfolio held by the prime minister.

Civilian authorities maintained effective control over the RGPF, and the government has effective mechanisms to investigate and punish abuse. There were no reports of impunity involving security forces during the year.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law permits police to detain persons on suspicion without a warrant, but they must bring formal charges within 48 hours. Authorities generally respected this limit. Authorities granted detainees access to a lawyer of their choice and family members within 24 hours. The law provides for a judicial determination of the legality of detention within 15 days after arrest. Police must formally arraign or release a detained person within 60 days, and the authorities generally followed these procedures. There was a functioning system of bail, although persons charged with capital offenses are not eligible. Only upon recommendation from the governor general may a judge set bail for detainees charged with treason.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

TRIAL PROCEDURES

The law provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.

There is a presumption of innocence, and the law protects persons against self-incrimination and requires the police to explain a person’s rights upon arrest. The accused has the right to remain silent and to seek the advice of legal counsel. The law allows a defense lawyer to be present during interrogation and to advise the accused on how to respond to questions. Defendants and their counsel generally had adequate time and facilities to prepare a defense as well as free assistance of an interpreter. Defendants have the right to a trial without undue delay, although case backlogs meant periods of several months to a year before many cases went to trial. Defendants have the right to confront their accusers, present evidence, call witnesses, and appeal. Trials are open to the public unless the charges are sexual in nature or a minor is involved.

The court appoints attorneys for indigents in cases of murder or other capital crimes. In criminal cases that reach the appellate stage, the court appoints a lawyer if the defendant is unable to afford counsel. According to the Grenada Human Rights Organization, many defendants did not have access to legal counsel, and the government lacked adequate legal aid resources to serve demand. With the exception of foreign-born drug crime suspects or persons charged with murder, the courts granted most defendants bail while awaiting trial.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

There is an independent and impartial judiciary for civil matters including human rights violations. The civil court system encompasses a number of seats around the country at which magistrates preside over cases. Defendants may appeal all High Court decisions, including human rights decisions, to the Eastern Caribbean Supreme Court.

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

The law prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

a. Freedom of Speech and Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. Independent media were active and expressed a wide variety of views without restriction.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority.

According to the International Telecommunication Union, 59 percent of the population used the internet in 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

PROTECTION OF REFUGEES

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has no established formal channels for providing protection to refugees or asylum seekers. There were no reports of refugees attempting to enter the country in 2017.

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

Government Human Rights Bodies: The ombudsman has authority to investigate complaints from persons who object to government actions they deem unfair, abusive, illegal, discriminatory, or negligent.

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape, and stipulates a sentence of flogging or up to 30 years’ imprisonment for a conviction of any nonconsensual form of sex. Authorities referred charges involving rape or related crimes for prosecution.

The law prohibits domestic violence and provides for penalties at the discretion of the presiding judge based on the severity of the offense. The law allows for a maximum penalty of 30 years’ imprisonment. The central statistical office reported cases of domestic violence against both women and men. Police and judicial authorities usually acted promptly in cases of domestic violence. According to women’s rights monitors, violence against women nevertheless remained a serious and pervasive problem.

Crimes involving sexual violence rose 13 percent during the year. Police launched a special victims unit and hotline to deal with this category of crimes.

Sexual Harassment: The law prohibits sexual harassment, but there were no criminal penalties for it. The government noted it was a persistent problem.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Women generally enjoyed the same legal status and rights as men, and there was no evidence of formal discrimination in education. The law mandates equal pay for equal work.

Children

Birth Registration: Citizenship is derived from birth in the country or, if abroad, by birth to a Grenadian parent upon petition. There is universal birth registration.

Child Abuse: Government social service agencies reported cases of child abuse, including physical and sexual abuse. Authorities placed abused children in either a government-run home or private foster homes. The law stipulates penalties ranging from five to 15 years’ imprisonment for those convicted of child abuse and disallows the victim’s alleged “consent” as a defense in cases of incest.

Early and Forced Marriage: The legal minimum age for marriage is 21, although persons as young as 18 may be married with parental consent in writing.

Sexual Exploitation of Children: A statutory rape law applies when the victim is 16 years old or under. Penalties are 30 years’ imprisonment if the victim is less than age 14, and 15 years’ imprisonment if the victim is 14 to 16 years of age. The law prohibits the posting and circulation of child pornography. The law also prohibits the importation, sale, and public display of pornography. The law prohibits sale and trafficking of children for prostitution, for the production of pornography, or for pornographic performances.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

There is a small Jewish community. There were no reports of anti-Semitic acts.

Trafficking in Persons

There were no confirmed reports during the year that Grenada was a source, destination, or transit country for victims of human trafficking.

Persons with Disabilities

Discrimination against persons with disabilities is generally prohibited. Although the law does not mandate access to public transportation, services, or buildings, building owners increasingly incorporated accessibility features into new construction and premises renovation. The government provided for special education throughout the school system; however, most parents chose to send children with disabilities to three special education schools operating in the country, believing the three schools offered better conditions for learning.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual activities between men and provides penalties of up to 10 years’ imprisonment. The government did not actively enforce the law. The law makes no provision for same-sex sexual activities between women. No laws prohibit discrimination against a person based on sexual orientation or gender identity in employment, housing, education, or health care.

Society generally was intolerant of consensual adult same-sex sexual conduct, and many churches condemned it. Most lesbian, gay, bisexual, transgender, and intersex persons were not open about their sexual orientation, gender identity or expression, or sex characteristics.

HIV and AIDS Social Stigma

It was common for family members to shun persons with HIV/AIDS. They also faced discrimination in housing and employment. The government encouraged citizens to visit a doctor for tests and treatment.

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were reports that the government or its agents committed arbitrary or unlawful killings.

In January police shot and killed Marlon Fredericks, a mentally ill man. Police alleged Fredericks was killed as he attempted to escape custody. The officer was charged, and the prosecution was in progress as of November.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

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

The law prohibits such practices. There were allegations, nonetheless, that prison officials mistreated inmates as well as claims that police tortured suspects and detainees.

In July, Jameek Hakim alleged police tortured him during an interrogation. The government’s investigation of Hakim’s allegations continued as of October.

In January the government charged a police officer for raping a minor in August 2017. The minor was in police custody at the time of the incident. The case against the police officer was in progress as of November.

Prison and Detention Center Conditions

Prison and jail conditions, particularly in police holding cells, were reportedly harsh and potentially life threatening due to overcrowding, physical abuse, and inadequate sanitary conditions.

Physical Conditions: In October the Guyana Prison Service reported there were 2,216 prisoners in eight facilities with a combined design capacity of 1,505. Overcrowding was in large part due to a backlog of pretrial detainees, who constituted approximately 30 percent of the total prison population.

In May the government released the findings of a 2017 independent study funded by the Inter-American Development Bank that found prison officers physically abused prisoners. The government reported the UN Working Group of Experts on People of African Descent found that prison conditions at the Lusignan Prison were appalling and cells were unfit for human habitation. Prisoners reported unsanitary conditions and a lack of potable water, and they also complained of lengthy confinement in their cells with limited opportunities for sunlight.

The adult prison population contained individuals 16 years of age and older. In most cases, however, offenders under the age of 16 were held in a juvenile correctional center that offered primary education, vocational training, and basic medical care.

Administration: Authorities stated they investigated and monitored prison and detention center conditions monthly, and committees prepared reports after each visit. Prisoners often circumvented procedures for submitting complaints of inhuman conditions or mistreatment by passing letters addressed to government officials through family members.

Independent Monitoring: The government permitted outside groups to monitor prison conditions independently. During the year the UN Working Group of Experts on People of African Descent visited the Lusignan Prison.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements.

ROLE OF THE POLICE AND SECURITY APPARATUS

The police commissioner heads the Guyana Police Force, which reports to the Ministry of Public Security and is responsible for maintaining internal security. The Guyana Defense Force is responsible for external security but also has some domestic security responsibilities. The defense force, headed by a chief of staff, falls under the purview of the Defense Board, which the president of the country chairs.

Civilian authorities maintained effective control over the police and military, and the government has mechanisms to investigate and punish abuse. There were no reports of impunity involving the security forces during the year.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

An arrest requires a warrant issued by a court official unless an officer who witnesses a crime believes there is good cause to suspect a crime or a breach of the peace has been or will be committed. The law stipulates that a person arrested cannot be held for more than 72 hours unless brought before a court to be charged. Authorities generally observed this requirement. Bail was generally available except in cases of capital offenses and narcotics trafficking.

Although the law provides criminal detainees prompt access to a lawyer of their choice and to family members, authorities occasionally did not fully respect these rights. The state provides legal counsel for indigent persons only when such persons are charged with a capital offense. The Legal Aid Clinic, a nongovernmental organization (NGO), provides legal counsel at a reduced fee in certain circumstances, as determined by the clinic. Police routinely required permission from the senior investigating officer, who was seldom on the premises, before permitting counsel access to a client.

Pretrial Detention: Lengthy pretrial detention remained a problem, due primarily to judicial inefficiency, staff shortages, and cumbersome legal procedures. The average length of pretrial detention was three years for those awaiting trial at a magistrates’ court or in the High Court. This was often beyond the maximum possible sentence for the crime for which they were charged.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

Delays and inefficiencies undermined judicial due process. Shortages of trained court personnel, postponements at the request of the defense or prosecution, occasional allegations of bribery, poor tracking of cases, and police slowness in preparing cases for trial caused delays.

TRIAL PROCEDURES

The law provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Defendants enjoy a presumption of innocence. Cases in magistrates’ courts are tried without jury, while cases involving more serious crimes are tried by jury in the High Court. The constitution provides that a person shall be informed in detail of the nature of the offense charged as soon as reasonably practicable. Defendants have the right to a timely trial and free assistance of an interpreter. The constitution also provides for persons charged with a criminal offense to be given adequate time and facilities for the preparation of a defense. Authorities routinely granted trial postponements to both the defense and prosecution. Defendants have the right to be present at their trial and confront adverse witnesses, and they may present their own witnesses and evidence. Defendants cannot be compelled to testify or confess guilt, and they have the right to appeal.

While the law recognizes the right to legal counsel, it was limited to those who could afford to pay, except in cases involving capital crimes. Although there is no formal public defender system, a defendant in a murder case that reaches the High Court may receive a court-appointed attorney. The Georgetown Legal Aid Clinic, with government and private support, provided advice to persons who could not afford a lawyer, particularly victims of domestic violence and violence against women.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

The law provides for an independent and impartial judiciary in civil matters, and the government generally respected this provision. Individuals can access the court system to initiate lawsuits seeking damages for, or cessation of, human rights violations. The magistrates’ courts deal with both criminal and civil matters. Delays, inefficiencies, and alleged corruption in the magistrates’ court system affected citizens’ ability to seek timely remedies in civil matters, and there was a large backlog of civil cases. Citizens have the right to appeal adverse domestic decisions to the Caribbean Court of Justice.

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

The law generally prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

a. Freedom of Speech and Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. Independent media were active and at times expressed a wide variety of views without restriction.

Censorship or Content Restrictions: A 2015 directive from the prime minister determines that all headlines in state-owned print media be approved by the Office of the Prime Minister before publication.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

According to the International Telecommunication Union, 37 percent of citizens used the internet in 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: NGOs reported some displaced Venezuelan women experienced rights violations, including sexual exploitation, by government officials. NGOs also reported displaced Venezuelans received a lower standard of health and social care, but the government denied these reports.

In-country Movement: The law requires that local village councils grant permission in advance for travel to indigenous areas, but most individuals traveled in these areas without a permit.

PROTECTION OF REFUGEES

Access to Asylum: The law does not provide for protection of asylum seekers. Although the government is not a signatory to the 1951 Convention on Refugees, the government reported that it did not prosecute or deport Venezuelans seeking refuge. In the absence of national legislation and requisite government capacity, UNHCR assumed the main responsibility for determination of refugee status.

A number of domestic human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. These groups at times complained government officials were uncooperative and unresponsive to their requests and stated that when officials responded, it was generally to criticize the groups rather than to investigate allegations.

Government Human Rights Bodies: The law provides for an ombudsperson to investigate official government actions or actions taken by government officials in exercise of their official duties. Observers reported the ombudsperson operated independently of government interference.

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, including spousal rape and domestic violence. The law provides stringent penalties for rape, with life imprisonment as the maximum penalty. Successful prosecution of cases of rape and domestic violence was infrequent.

Domestic violence and violence against women, including spousal abuse, was widespread. The law prohibits domestic violence and allows victims to seek prompt protection, occupation, or tenancy orders from a magistrate. Penalties for violation of protection orders include fines up to 10,000 Guyanese dollars (GYD) ($47) and 12 months’ imprisonment. There were reports of police accepting bribes from perpetrators and of magistrates applying inadequate sentences after conviction.

Sexual Harassment: The law prohibits sexual harassment in the workplace and provides for monetary penalties and award of damages to victims. The law does not cover harassment in schools. Acts of sexual harassment involving physical assault are prosecuted under relevant criminal statutes. While reports of sexual harassment were common, no cases had been filed as of October.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Although women enjoy the same legal status and rights as men, gender-related discrimination was widespread and deeply ingrained. The law prohibits discrimination based on gender, but there was no meaningful enforcement against such discrimination in the workplace. Job vacancy notices routinely specified that the employer sought only male or only female applicants, and women earned approximately 61 percent less than men for equal work.

Children

Birth Registration: Citizenship is derived by birth within the country’s territory or by birth to a Guyanese citizen abroad. The law requires that births be registered within 14 days but also provides for registration of births after the 14-day period. Births at hospitals and health facilities were registered within a day of delivery.

Child Abuse: There were frequent reports of physical and sexual abuse of children, which was a widespread and serious problem. As with cases of domestic abuse, NGOs alleged some police officers could be bribed to make cases of child abuse “go away.”

Early and Forced Marriage: The legal age for marriage is 18 years, but boys and girls may marry at age 16 with parental consent or judicial authority. UNICEF reported that 23 percent of women were married before the age of 18, and 6 percent of girls were married before age 15.

Sexual Exploitation of Children: The age of sexual consent is 16 years. By law a person who has sexual relations with a child under 16 may be found guilty of a felony and imprisoned for life. There were continued reports of children being exploited in prostitution. The law prohibits the commercial sexual exploitation of children 18 and younger. Laws related to pornography and pornographic performances do not prohibit the use, procuring, and offering of a child for each of these purposes. The law also regulates selling, publishing, or exhibiting obscene material, defined as anything that could deprave or corrupt those open to immoral influences.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

The Jewish community was very small, perhaps fewer than 20 members. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The constitution mandates that the state “take legislative and other measures” to protect disadvantaged persons and persons with disabilities. The constitution and law prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities, but civil society groups stated the law was not regularly enforced. The law provides for a National Commission on Disabilities to advise the government, coordinate actions on problems affecting persons with disabilities, and implement and monitor the law. The commission focused its attention on sensitizing the public about the law and on compliance, as well as performing sensitization workshops with the Ministries of Social Protection, Education, and Health.

There were segregated schools for the blind and for persons with other disabilities in the most populous regions of the country. As a result, children with disabilities rarely attended mainstream schools, since these lacked the curriculum and infrastructure necessary to accommodate children with disabilities. Lack of appropriate transportation and infrastructure to provide access to both public and private facilities made it difficult for persons with disabilities to be employed outside their homes.

Indigenous People

Various laws protect the rights of the indigenous community, and members have some ability to participate in decisions affecting them, their land, and resources. Rules enacted by village councils require approval from the minister of indigenous peoples’ affairs before entering into force. Indigenous lands were not effectively demarcated.

According to the 2012 census, the indigenous population constituted 10.5 percent of the total population. There were nine recognized tribal groups. Ninety percent of indigenous communities were in the remote interior. The standard of living in indigenous communities was lower than that of most citizens, and they had limited access to education and health care. A UN study found that pregnant women in indigenous communities were not receiving mandatory HIV tests.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

Consensual same-sex sexual activity among adult men is illegal under the law and is punishable by up to two years in prison. Anal intercourse is punishable with a maximum sentence of life in prison, regardless of whether the intercourse is between persons of the same sex. These laws were not enforced during the year; however, activists reported it was more common for police to use the law to intimidate men who were gay or perceived to be gay than to make arrests. The law also criminalizes cross-dressing. Despite this, the government permitted the first gay pride parade in June.

No antidiscrimination legislation exists to protect persons from discrimination based on real or perceived sexual orientation, gender identity or expression, or sex characteristics, and NGOs reported widespread discrimination of persons in this regard. Reports noted official and societal discrimination in employment, access to education and medical care, and in public space. According to a 2014 survey, approximately 12 percent of men who had sex with men experienced stigma daily, while approximately 30 percent of transgender youth and adults encountered stigma every day or regularly.

HIV and AIDS Social Stigma

A 2014 UNICEF survey reported only 23 percent of persons ages 15 to 49 expressed accepting attitudes towards individuals with HIV.

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were numerous reports that government security forces committed arbitrary and unlawful killings. The Jamaica Constabulary Force (JCF), the country’s police force, was responsible for the majority of the cases. As of October 23, the Independent Commission of Investigations (INDECOM), the body parliament established in 2010 to investigate abuses by agents of state, had received 122 reports of security force-related fatalities, compared with 168 in 2017. These were cases where police or joint military-police activity led to the death of a civilian.

The government did not take sufficient action to address this problem. Of the cases of security force-related fatalities reported to INDECOM, fewer than 5 percent led to official charges, and fewer than 2 percent led to a conviction. Even egregious charges against members of the security forces could take years to process. In 2007 police constable Mark Russell shot and killed an unarmed teenage boy in Kingston. The court concluded Russell planted a police-issued rifle on the victim’s person as he lay wounded in the street to corroborate a false report. Defense counsel used various procedural maneuvers to delay the case. In September the court sentenced Russell to 24 years in prison.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

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

The constitution prohibits such practices, although there is no legal definition of torture. Allegations of cruel, inhuman, and degrading treatment or punishment towards individuals in police custody continued. The majority of reports described officials using physical force, intimidation, access to water, and extreme exposure to heat or cold to coerce a change in testimony. INDECOM investigated reports of alleged abuse committed by police and prison officials. Representatives from the nongovernmental organization (NGO) Jamaicans for Justice claimed abuse was likely underreported by victims, who feared reprisal or did not believe authorities would act on their complaint.

In one case an elderly woman, Desrine Morris, died while in police custody on or about March 1. The JCF arrested Morris for an unspecified bench warrant. Less than six hours later police reported she had hanged herself. There were no follow-up police reports, and the autopsy did not confirm a cause of death. Friends and family members were skeptical of this being a suicide. Media reports suggested that excessive punitive force may have led to the death.

Prison and Detention Center Conditions

Conditions in prisons and detention facilities were harsh and life threatening due to gross overcrowding, physical abuse, limited food, inadequate sanitary conditions and medical care, and poor administration. Reports existed of corrections officers using their authority to take bribes and control access to prisoners.

Physical Conditions: Some of the most egregious reports of human rights abuses took place in “lock-ups” (facilities to hold pretrial detainees). For example, when the government declared a state of emergency in the parish of St. James in January, it identified a lock-up in Montego Bay to facilitate the influx of detained suspects. The Ministry of Health reported major problems, including the lack of functioning bathroom facilities, lighting, and handwashing stations; poor ventilation; and inadequate drainage. Ministry inspectors noted illnesses caused by cockroaches, rats, mosquitoes, and flies. Detainees consumed nutritionally poor meals. There was no refrigeration on site for food storage. Detainees had less than one hour per day out of the cell to use shower facilities and get food. In some cases guards reportedly denied access to bathrooms and water in order to coerce and punish inmates.

Family members frequently had to wait in long lines to visit detainees held in the Montego Bay lock-up. The guards posted a sign instructing those who wished to purchase a meal for family members to visit a specific gasoline station. A credible report existed of families paying for meals, without receipts or confirmation that a meal was delivered, suggesting the administrators pocketed the money. Attorneys reported extreme difficulty reaching their clients and conveyed that in most cases their detainees did not know why they were arrested. After receiving citizen complaints and some media coverage, the government took some corrective actions to reduce the number of detainees and improve the conditions of the detention facility.

Physical conditions in correctional facilities were slightly better than police lock-ups, but overcrowding remained a concern. At times cells in the maximum-security facilities at Tower Street and St. Catherine held 200 percent of their intended capacity. Local NGOs reported that this occurred because prison administrators did not triage prisoners to lower-security facilities as they should have. Cells were very dark, had subpar bathroom and toilet facilities, and limited ventilation. Prisoners sometimes were unable to receive required medication, including medication for HIV, according to UNAIDS. The HIV prevalence rate among incarcerated populations (more than 3 percent) was reportedly as much as double that of the general population. Four part-time psychiatrists cared for at least 225 inmates diagnosed as persons with mental disabilities in 11 facilities across the island.

Administration: Independent authorities investigated allegations of abuse and inhuman conditions. Official complaints and investigations were infrequent and likely underreported. The Office of the Children’s Advocate investigated matters involving minors.

Independent Monitoring: Justices of the Peace and representatives from the Police Civilian Oversight Authority (PCOA) visited correctional centers and lock-ups regularly. The PCOA submitted reports to the Ministry of National Security with recommendations to improve conditions. Citizen groups and NGOs believed the ministry rarely acted upon the recommendations.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention but permits arrest with “reasonable suspicion of [a subject] having committed or …about to commit a criminal offense.” The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements; however, abuses arose because police regularly ignored the “reasonable suspicion” requirement, arraignment procedures were very lengthy, and large portions of the country were under a state of emergency.

When a public state of emergency (SOE) is declared, the police and military have search, seizure, and arrest authority without a warrant. A state of emergency expires in 14 days unless parliament agrees to extend it. Additionally, the government can identify zones of special operations (ZOSOs), which confers the same authority to security forces, albeit within much smaller physical boundaries. During the year the prime minister declared three geographic areas to fall under an SOE–St. James Parish, announced in January; St. Catherine Parish North Division, declared in March; and a segment of Kingston and St. Andrew Parish, announced in September. Arbitrary and lengthy detentions took place in the execution of both the ZOSOs and SOEs. The Office of the Public Defender, commissioned by parliament to investigate civil and human rights abuses, received reports that security forces temporarily detained more than 2,000 persons in Montego Bay, which was within the St. James SOE, from January to October. Across the country police detained 6,000 persons during the same period. The average length of detention was four days. Extremely few of these arrests resulted in charges.

ROLE OF THE POLICE AND SECURITY APPARATUS

The prime minister has general authority over the Jamaican Defense Board and, as Chairman of the Board, has ministerial responsibility for defense-related matters including the command, discipline, and administration of forces. He is the de facto Minister of Defense. The Ministry of National Security, however, functions as the ministerial home of the Jamaica Defense Force (JDF) and directs policy over the security forces. The JCF, with units for community policing, special response, intelligence gathering, and internal affairs, has primary responsibility for internal security. The JDF’s mandate is to maintain the integrity of Jamaica’s waters and airspace and to provide aid to the civil authorities when appropriate. The JDF, including the Coast Guard, has responsibility for national defense and maritime narcotics interdiction. When the prime minister and parliament declare a state of emergency, the JDF has arrest authority and operational partnership alongside the JCF. The Passport, Immigration, and Citizenship Agency has responsibility for migration.

Civilian authorities maintained effective control over security forces. The government had mechanisms to investigate and punish police abuse, but they were not always employed.

There were hundreds of abuse and wrongful harm complaints regarding the security forces. INDECOM investigated actions by members of the security forces and other agents of the state that resulted in death, injury, or the abuse of civil rights. When appropriate, INDECOM forwarded cases to the Office of the Director of Public Prosecutions for agents to make an arrest. INDECOM remained one of the few external and independent oversight commissions that monitored security forces, but it was unable to investigate each case thoroughly. As of October 23, INDECOM reported 122 security force-related fatalities.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Police officers may arrest without warrant where a felony, treason, or breach of the peace is committed or attempted in the officer’s presence. Upon arrest, the officer is required to tell a suspect in clear language the offense(s) for which the individual is being arrested. Any officer may execute a warrant that is lawfully issued by a judge or justice of the peace without being in possession of the warrant. The officer must produce the warrant if the suspect requests it as soon as practical after the arrest. The decision to charge or release must be resolved within 48 hours, although a judge or justice of the peace may extend the period of custody.

Security forces did not always follow these official procedures. Government officials and members of civil society reported that the public perceived police could arrest regardless of judicial authorization.

Additionally, there were reports of arrests and prolonged periods of detention in which police did not inform the suspect of the official charges. There were multiple reports that detainees did not have access to legal counsel and that apprehended suspects could not notify family members. NGOs estimated that 90 percent of all arrests occurred without a warrant. A police officer could simultaneously arrest and deny bail. The relative looseness in procedure lent itself to low-level corruption where a police constable could accept bribes in lieu of an arrest.

Arbitrary Arrest: Cases of arbitrary detention were greatest in the parishes of St. James and St. Catherine. Since January and March, respectively, the government declared a SOE in these areas because of high levels of criminal and gang violence. The government deployed the military to support local law enforcement. Under these orders security forces carried out a wide-reaching campaign of arbitrary detention and incarceration in an attempt to contain the violence. Media reported that security forces arrested and detained more than 6,000 persons under these conditions. In some cases the police released persons after two weeks of imprisonment only to rearrest them and keep them in jail. Officials, NGOs, and security experts speculated security forces had orders to meet a specified number of arrests each day. There were few official investigations or prosecutions of security force members involved in arbitrary arrests.

Pretrial Detention: Lock-ups are intended for short-term detentions of 48 hours or less, but often the government held suspects in these facilities without charge or awaiting trial for much longer periods. A lack of administrative follow-through after the arrest created problems where persons were incarcerated without any accompanying paperwork. In some cases, weeks, days, or months later, authorities could not ascertain why someone was arrested.

The Office of the Public Defender received reports that when someone was arrested in a ZOSO, the average time in detention was four days. The majority of arrests ended with no charges and the suspect released. The Office of the Public Defender estimated that 14 persons arrested in a ZOSO during the year had been held without charge in excess of 100 days.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality. An extreme backlog of criminal cases, however, led to a denial of fair public trial for thousands of citizens.

The Ministry of Justice estimated that more than 400,000 criminal cases were awaiting trial. This delay occurred from numerous causes. Defense attorneys often requested committal proceedings, which are lengthy and resource intensive. Additionally, the legal infrastructure in terms of buildings, judges, courts, and other facilities remained virtually the same despite the huge backlog. Finally, the courts were hesitant to implement technological improvements such as teleconferencing witness testimony or admitting videos recorded from a telephone. Consequently, criminal proceedings could extend for years. The government’s statistical office reported the legal system failed to convict in more than 90 percent of murder cases. During the year courts made significant efforts to address the backlog by closely monitoring and reporting case throughput to the Ministry of Justice.

TRIAL PROCEDURES

The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right. The law provides defendants a presumption of innocence, the right to counsel, and the ability to confront witnesses. Defendants have the right to be informed of the charges against them and the right to a trial within a reasonable time. Defendants had ample time to prepare defense and may not be compelled to testify or confess guilt. They have the right to appeal. Public attorneys were available to defend the indigent, except those charged with drug-related crimes or high-level criminal conspiracy. The government provided free assistance of an interpreter as necessary. The Supreme Court tries serious criminal offenses, which include all murder cases.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

There is an independent and impartial civil judiciary process. Complainants may bring human rights abuse cases to the courts for civil remediation, but awards were difficult to collect. The government is required to undertake pretrial negotiations or mediation in an attempt to settle out of court, but this rarely occurred. When there were settlements, the government often lacked the funds to pay, resulting in a backlog of awards.

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

Although the constitution prohibits such actions, the law gives security personnel broad powers of search and seizure. The law allows warrantless searches of a person, vehicle, ship, or boat if a police officer has good reason to be suspicious. Police on occasion were accused of conducting searches without warrants.

In the ZOSOs the government began taking biometrics from persons it temporarily detained. Security forces were able to apprehend wide swaths of the male population in ZOSOs under broad arrest authority. NGOs contended that ZOSOs became a subterfuge for the government to capture biometric data indiscriminately from the public without consent. Reports estimated that as many as 6,000 persons were affected.

a. Freedom of Speech and Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, generally effective judicial protection, and a functioning democratic political system combined to promote freedom of expression, including for the press. Independent media were active and expressed a wide variety of views without restriction.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

According to the International Telecommunication Union, 49 percent of the population used the internet in 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom.

The Broadcasting Commission of Jamaica barred certain lyrics and music videos, including songs referring to violent sex or violence against women, children, and other vulnerable persons, and expunged lyrics deemed inappropriate to broadcast.

b. Freedom of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement, foreign travel, emigration, repatriation, and the government generally respected these rights.

The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, returning refugees, asylum seekers, stateless persons, or other persons of concern.

PROTECTION OF REFUGEES

Access to Asylum: The law does not provide for the granting of asylum or refugee status, and the government has not established a system for providing protection to refugees. The government handles each potential asylum seeker administratively on an individual basis. The government can grant a form of limited status to those with citizenship in a commonwealth country.

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were cooperative and responsive to their views.

Government Human Rights Bodies: The Office of the Public Defender investigates abuses of constitutional rights and engages with claimants in a process to seek remediation from the government. The public defender is not authorized to appear in court but may retain attorneys to represent clients on the office’s behalf. The office cannot investigate cases affecting national defense or actions investigable by a court of law. As a commission of parliament, this organization’s reach and effect hinges on the political will associated with the case. Parliament can ignore the commission’s findings or demur from recommended action. This limited the overall efficacy of the organization.

Women

Rape and Domestic Violence: The rape of women is illegal and carries a penalty of 15 years’ to life imprisonment. The legal definition of rape is forced penile penetration of the vagina, so the law only considers rape of women. There are legal imbalances in the application of the law that led to unequal protection of citizens.

Married women do not have the same rights and protection as single women. The law criminalizes spousal rape only when one of the following criteria has been met: the act occurs after legal separation or court proceedings to dissolve the marriage; the husband is under a court order not to molest or cohabit with his wife; or the husband knows he suffers from a sexually transmitted disease. Legally, marriage implies sexual consent between husband and wife at all times.

Additionally, because the legal qualification for rape is forced penile penetration of the vagina, a criminal who commits sexual assault through anal penetration can be punished by a maximum of 10 years in prison. This distinction created wide discrepancies between cases that had the same element of sexual assault at their core.

According to estimates from the Ministry of National Security’s Research Evaluation Unit, there were 442 rape cases in 2017, which corresponded to approximately a 16 percent reduction from the previous year. Advocacy groups, however, contended that rape was significantly underreported because victims had little faith in the judicial system and were unwilling to endure lengthy criminal proceedings.

Some cases occurred in gated, all-inclusive resorts on the northern coast. In each case reports noted a lack of action by the JCF, and no one was charged. Observers suspected that not all cases were reported, since foreign tourists could not stay in the country long enough to contend with a lengthy legal process.

The government operated a Victim Support Unit (VSU) to provide direct support, crisis intervention, legal advocacy, and technical services. The VSU managed 13 independent parish offices throughout the island, each with its own hotline and staff of trained providers. Furthermore, the VSU coordinated with a network of NGOs with capabilities such as counseling resiliency training, and shelters. The Child Protection and Family Services Agency provided similar services for children. Shelter facilities for women and children were insufficient and less available outside the capital area. Police officers and first responders had limited training to understand which services were available.

Sexual Harassment: No legislation addresses sexual harassment and no legal remedy exists for victims.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Although the law provides for the same legal status and rights for women as for men, including equal pay for equal work, women suffered from discrimination in the workplace and often earned less than men. Domestic workers were particularly vulnerable to workplace discrimination and sexual harassment.

Children

Birth Registration: Every person born in the country after independence in 1962 is entitled to citizenship. Persons outside the country born to or adopted by one or more Jamaican parents, as well as those married to Jamaican spouses, are entitled to citizenship.

Child Abuse: The law bans child abuse in all forms. Corporal punishment is illegal; however, it was practiced informally in the home, schools, and children’s correctional facilities, as well as when a child was under state care. The penalty is a potential fine of 250,000 JMD ($1,900) or a prison sentence with hard labor for a period not to exceed three months.

Legislation also criminalizes sexual relations by an adult with a child–male or female–under the age of 16 and provides for penalties ranging from 15 years’ to life imprisonment. The law requires anyone who knows of or suspects child abuse to make a report to the registry office, with a penalty of up to 500,000 JMD ($3,800) and six months’ imprisonment, or both, for failure to do so.

With regard to sexual assault, children have fewer legal protections than adults. The legal definition of rape is penile penetration of the vagina. Therefore, a criminal who commits anal rape of a child is punishable by only 10 years in prison. Similar to the situation for women, the distinction created wide discrepancies between cases that had the same element of sexual assault at their core. The risk of sexual assault reportedly was three times higher for children than adults.

Informal corporal punishment and other forms of child abuse were prevalent. Estimates from the NGO Jamaicans for Justice showed that 80 percent of children experienced psychological or physical violence administered as discipline, and a similar number had witnessed a violent crime in their home. Physical punishment in schools remained commonplace. Nonetheless, the NGO noted that overall reported instances of child abuse trended slightly downward during the year.

Early and Forced Marriage: The legal minimum age for marriage is 18, but children may marry at 16 with parental consent.

Sexual Exploitation of Children: The law criminalizes the commercial sexual exploitation of children and applies to the protection, possession, importation, exportation, and distribution of child pornography. It carries a maximum penalty of 20 years’ imprisonment and a fine of 500,000 JMD ($3,800). Reports continued of the commercial sexual exploitation of children.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

Approximately 500 persons in the country practiced Judaism. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

Although the law prohibits discrimination against persons with disabilities, it does not mandate accessibility standards. Persons with disabilities continued to encounter discrimination in employment and access to schools, usually due to the state of the infrastructure, which limited access to buildings and provided few accessible facilities.

There were limitations in access to education at the primary school level, due to insufficient resources allocated for persons with disabilities. There was also a lack of suitably trained faculty to care for and instruct students with disabilities, although the constitution provides for the right to primary education for all children. Health care reportedly was universally available but at times difficult to access, especially for persons with hearing disabilities and persons with mental disabilities.

The Ministry of Labor and Social Security has responsibility for the Jamaica Council for Persons with Disabilities. The council distributes economic empowerment grants of up to 150,000 JMD ($1,140) to persons with disabilities to help them develop small businesses and 250,000 JMD ($1,900) per person for the purchase of assistive aids.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual relations and anal sex between men. Physical intimacy between men, in public or private, is punishable by two years in prison, and anal sex between men is punishable by up to 10 years. There is no comprehensive antidiscrimination legislation.

The government enforced the portion of the law that criminalizes anal sex, or “buggery,” only in cases of sexual assault and child molestation. Officials did not prosecute consensual same-sex sexual conduct between men. The legal definitions of rape and buggery create a phenomenon where, under certain circumstances, segments of the population have unequal legal protection from sexual assault. For example, a man who sexually assaults a woman through penile penetration of the vagina is punishable by 15 years to life in prison. This same act, committed through penile anal penetration, of a woman, child, or man, would be punishable by only up to 10 years in prison. Local human rights advocates contended this was unequal protection under the law.

The law does not extend antidiscrimination protections to LGBTI persons on the basis of sexual orientation, gender identity or expression, or sex characteristics. Furthermore, the Inter-American Commission on Human Rights acknowledged that the law legitimizes violence towards LGBTI persons.

During the year major political leaders, including the prime minister and two of his senior ministers, stated they would have “no problem” for a gay person to serve in their cabinet. The JCF also published official policy guidance stipulating that the police force would not discriminate on the basis of sexual orientation. Nonetheless, the country was generally very homophobic with a culture of outward hostility toward LGBTI individuals.

The NGO J-FLAG (formerly Jamaica Forum for Lesbians, All-Sexuals, and Gays) reported that through June it received 17 reports of instances of discrimination on the basis of sex, sexual orientation, or gender identity against LGBTI individuals, compared with 15 reports in the previous year. It was difficult to obtain exact statistics, as observers believed these types of human rights violations were underreported.

Government agencies were often involved in acts of discrimination. In one instance a transgender woman reported being stopped by security officials at the capital’s international airport. Customs agents loudly and confrontationally questioned her gender. Security officers (two female and one male) then summoned her to a search area where they observed as she stripped naked. The officers made her hold various poses that exposed her genitals from different angles. The woman had been traveling to the country as an executive director of an NGO that focuses on transgender issues in the Caribbean.

HIV and AIDS Social Stigma

Civil society, international organizations, and government officials cited stigma and discrimination as a factor contributing to low HIV-treatment coverage. This especially affected subpopulations such as LGBTI and female sex workers, in which the HIV epidemic was more concentrated.

The government collaborated with the Global Fund to address stigma and discrimination. Measures included training for health-care providers on human rights and medical ethics; sensitization of lawmakers and law enforcement agents; reducing discrimination against women in the context of HIV; legal literacy; legal services; and monitoring and reforming laws, regulations, and policies relating to HIV.

The law prohibits HIV-related discrimination in the workplace and provides some legal recourse to persons with HIV who experienced discrimination. In rural areas there was less knowledge of what government services and programming were available.

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports that the government or its agents committed arbitrary or unlawful killings.

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

The constitution prohibits such practices, and there were no reports that government officials employed them. A court may order that an accused person receive lashes if found guilty.

Prison and Detention Center Conditions

The St. Kitts prison remained overcrowded, and facilities were austere.

Physical Conditions: The country had two prisons. The prison on St. Kitts had an intended capacity of 160 prisoners but held 185 as of October. Most prisoners had beds, although some slept on blankets on the floor. In St. Kitts and Nevis, authorities occasionally held pretrial detainees together with convicted prisoners.

Administration: Authorities investigated credible allegations of mistreatment.

Independent Monitoring: Authorities generally permitted prison visits by independent human rights observers, although there were no known visits during the year.

Improvements: Cells for male inmates were plastered and painted during the year, and cells for female inmates were also renovated.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements.

ROLE OF THE POLICE AND SECURITY APPARATUS

The security forces consist of a police force, which includes a paramilitary Special Services Unit, a drug unit, a Special Victims Unit, the Office of Professional Standards, and a white-collar crimes unit. These forces are responsible for internal security, including migration and border enforcement. In addition, there is a coast guard and a small defense force. On August 24, Governor General Sir S.W. Tapley Seaton extended police powers to defense forces for a period of six months, the maximum period allowed. The military and police report to the Ministry of National Security, which is under the prime minister’s jurisdiction.

The police Criminal Investigation Department is responsible for investigating killings by police and works with the Violent Crime Unit and the Office of Professional Standards. Corruption and unprofessional behavior by police is investigated by the Office of Professional Standards. Senior police officers investigated complaints against members of the police force and, when warranted, referred complaints to an internal disciplinary tribunal for adjudication. Penalties included dismissal, warnings, or other administrative action.

Civilian authorities maintained effective control over the police, coast guard, and defense force, and the government had effective mechanisms to investigate and punish abuse. There were no reports of impunity involving the security forces during the year.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Police may arrest a person based on the suspicion of criminal activity without a warrant. The law requires that persons detained be charged within 72 hours or be released. If detainees are charged, authorities must bring them before a court within 72 hours of the detention. There is a functioning system of bail. Detainees were allowed prompt access to a lawyer of their choice or one provided by the state. Free legal assistance was available for indigent defendants in capital cases only. Authorities permitted family members, attorneys, and clergy to visit convicted detainees once per month and those in pretrial confinement once per week.

Authorities remand those accused of serious offenses to custody to await trial and release those accused of minor infractions on their own recognizance or on bail with sureties.

Pretrial Detention: Extended pretrial detention was a problem, with some detainees waiting two years or more for their trial only to see charges dropped due to lack of evidence. The government reviewed its procedures for arrest, treatment, and documentation of detainees and was in the process of digitizing prison records.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

TRIAL PROCEDURES

The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right. Defendants have the right to be present and to consult with counsel in a timely manner. There is a presumption of innocence, and defendants may question or confront witnesses and communicate with an attorney of choice. Defendants may not be compelled to testify or confess guilt. Defendants also have the right to be informed promptly and in detail of the charges, to have a trial without undue delay, and to appeal. Defendants had free access to an interpreter.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

There is an independent and impartial judiciary for civil matters, including lawsuits regarding alleged civil rights violations. Individuals or organizations may seek civil remedies for human rights violations through domestic courts.

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

The constitution prohibits such actions, and there were no reports the government failed to respect these prohibitions. The defense force may carry out stop-and-search operations without a warrant.

a. Freedom of Speech and Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, the judicial system, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Press and Media Freedom: Nongovernmental organizations (NGOs) and media reported the media climate was sensitive. Media outlets reported self-censoring to avoid problems with the government.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communication without appropriate legal authority.

According to the International Telecommunication Union, approximately 81 percent of citizens used the internet in 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association

The constitution provides for freedom of peaceful assembly and association, and the government generally respected these rights. Opposition parties and media, however, reported incidents in which the exercise of these rights was restricted. For example, in February the government banned the opposition St. Kitts and Nevis Labour Party from using public facilities.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

The government cooperated with the Office of the UN High Commissioner for Refugees 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, or other persons of concern.

PROTECTION OF REFUGEES

Access to Asylum: While the law provides for the granting of asylum and refugee status, the government has not established a system for providing protection to refugees. There were no reported requests for asylum during the year.

Domestic human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were somewhat cooperative and responsive to their views.

Government Human Rights Bodies: The Ministry of Health maintained a human rights desk to monitor discrimination and other human rights abuses beyond the health sector. Observers noted the desk received few reports of violence against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, which may have been more reflective of the reporting environment than of the desk’s effectiveness.

Women

Rape and Domestic Violence: The law classifies sexual violence, rape, and incest as serious offenses, provides protection for victims of domestic violence, and establishes appropriate penalties for perpetrators. The law prohibits rape of women but does not address spousal rape. St. Kitts and Nevis continued to utilize an “unnatural offenses” statute to address male rape. Anecdotal evidence suggested that rape, including spousal rape, was a serious problem. Penalties for rape range from two years’ imprisonment for incest between minors to life imprisonment. Indecent assault has a maximum penalty of 10 years’ imprisonment. Those arrested and prosecuted for rape and indecent assault received strict sentences.

Violence against women continued to be a serious and underreported problem. The law criminalizes domestic violence, including emotional abuse, and provides penalties of up to $13,500 East Caribbean dollars (XCD) ($5,000) or six months in prison.

There was no crisis hotline. The Ministry of Gender Affairs continued to advocate for a more effective method of reporting domestic violence and sexual assault, including establishing a complaints and response protocol. The department also coordinated counseling for survivors of abuse and fielded officers who maintained contact with civil society organizations, prisons, and schools.

Sexual Harassment: Sexual harassment falls within the purview of the Protection of Employment Act, but no law explicitly addresses sexual harassment. Anecdotal evidence suggested sexual harassment was a problem in the workplace, although the Ministry of Community Development, Culture, and Gender Affairs did not receive any cases under the act during the year.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The law provides women the same legal status and rights as men, and the government effectively enforced it. The law requires equal remuneration, and women and men generally received equal salaries for comparable jobs. Women had equal access to leadership roles in the private and public sectors.

Children

Birth Registration: Children acquire citizenship by birth in the country, and all children are registered at birth. Children born to citizen parents abroad may be registered by either parent.

Child Abuse: Child abuse remained a major problem. According to the government, neglect was the most common form of abuse, while physical abuse, including sexual molestation, also remained prevalent.

In child abuse cases, the law allows children to testify against their alleged attackers using remote technologies such as Skype. Other solutions, such as placing a physical barrier in the courtroom, were also employed to assist victims. Moreover, the Ministries of Social Services and Education collaborated on programs to curb child abuse, including modifying the primary school curriculum and designating a child abuse awareness month in November.

The St. Christopher Children’s Home served abused and neglected children and received quarterly funding and logistical support from the government.

The government offered counseling for both adult and child victims of abuse. Additionally, the government developed a media campaign to help coaches, parents, and students recognize abuse and maintained a program to provide youth and their families with life skills, counseling, parenting skills, and mentorship.

Early and Forced Marriage: The legal minimum age for marriage is 18 years for both men and women. Underage marriage was rare.

Sexual Exploitation of Children: NGOs reported that sexual exploitation and molestation of children remained a major problem. NGOs also reported that adolescent transactional sex remained a problem. The law sets the age of consent at 16 years. Having sexual relations with children under age 16 is illegal. Child pornography is illegal and carries a penalty of up to 20 years in prison.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

There was no organized Jewish community, and there were no reports of anti-Semitic acts.

Trafficking in Persons

While there were no confirmed reports during the year that St. Kitts and Nevis was a source, destination, or transit country for victims of human trafficking, human rights activists alleged some sex workers were victims of trafficking and that human smugglers regularly transited the country. Some smuggled victims were allegedly labor trafficked.

Persons with Disabilities

The law does not explicitly prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities, and persons with disabilities experienced discrimination, particularly concerning accessibility. The law mandates access to buildings for persons with disabilities, but it was not consistently enforced. Children with disabilities attended school, although some parents of students with disabilities preferred to have their child stay at home. There was a separate school for students with disabilities. Although many local schools were able to accommodate students with physical disabilities, the public school system had limited resources for those students who wished to be mainstreamed.

The law allows authorities to declare persons with mental disabilities who commit crimes a menace to society and incarcerate them for life. Ministry of Health nurses in the various district health centers provided support services to persons with mental disabilities, and the general hospital had a wing dedicated to caring for patients with mental disabilities.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual activity among adult men under an “unnatural offenses” statute, which carries a penalty of up to 10 years in prison. There were no reports the government enforced the law. No laws prohibit discrimination against a person based on sexual orientation or gender identity.

Negative societal attitudes towards LGBTI individuals impeded the operation of LGBTI organizations and the free association of LGBTI persons. Nonetheless, media reported some LGBTI organizations held outdoor, public gatherings without incident. Some considered sexual orientation a private matter; however, public displays were not common. Unofficial reports indicated violence and discrimination were problems. The government asserted it received no reports of violence or discrimination based on sexual orientation, including transgender. Some observers suggested this was because the country did not have an enabling environment for reporting. During the year the LGBTI community and police conducted gender-sensitization training.

HIV and AIDS Social Stigma

Anecdotal evidence suggested societal discrimination against persons with HIV/AIDS occurred. The Ministry of Labor enforced a specific antidiscrimination policy covering HIV/AIDS in the workplace.

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings.

In March police officer Gilroy Gaston was indicted for the January 2017 killing of Yves Rene during a police operation. Gaston was charged with “death caused by gross negligence or recklessness.” As of October the case awaited a hearing.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

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

The constitution prohibits such practices, but prisoners and suspects continued to complain of physical abuse by police and prison officers. Civil society groups reported police assaulted persons under arrest.

Limited information was available regarding official investigations of complaints from the year, as well as those from earlier years that remained pending. Although the government sometimes asserted it would launch independent inquiries into allegations of abuse, the lack of information created a perception among civil society and government officials of impunity for the accused officers.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: Prisoners reportedly lacked free access to clean drinking water.

Administration: Authorities conducted proper investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers. The last visit by an outside human rights group was in July 2017.

Improvements: During the year the prison expanded its education department, which is part of the rehabilitation program.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these prohibitions.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Royal St. Lucia Police Force has responsibility for law enforcement and maintenance of order within the country and reports to the Ministry of Home Affairs, Justice, and National Security. The Criminal Investigations Division investigates internal affairs and allegations against officers and refers cases to the director of public prosecutions for review and, if authorities file charges, prosecution.

The Internal Police Complaints Unit and a Police Complaints Commission take complaints from members of the public. The Internal Police Complaints Unit is required by law to record complaints on all cases, and the officer in charge of discipline forwards a status report, which is published in the force orders for the information of all police officers.

Civilian authorities maintained effective control over the police, but there were continued reports of impunity. Although there were government mechanisms to investigate and punish abuse and corruption, the mechanisms were not effective. For instance, authorities referred many cases for investigation and inquests, but prosecutions rarely ensued, and cases remained nominally under investigation for years. Lack of adequate staffing in the criminal justice system (prosecutors and judges), significant delays in the judicial system, the reluctance of witnesses to testify, lack of a witness or victim protection program, and strong public and political support for police contributed to the ineffectiveness of the government in addressing allegations in a timely manner.

The Office of the Director of Public Prosecutions continued its investigations into 12 killings allegedly committed by police during Operation Restore Confidence in 2010-11.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The constitution stipulates that authorities must apprehend persons openly with warrants issued by a judicial authority and requires a court hearing within 72 hours of detention. Authorities allowed detainees prompt access to counsel and family. There was a functioning bail system.

Pretrial Detention: Prolonged pretrial detention continued to be a problem. Those charged with serious crimes often spent from six months to six years in pretrial detention. As of October the High Court remained closed pending infrastructure upgrades, adding to the backlog of cases.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

TRIAL PROCEDURES

Defendants enjoy the right to a presumption of innocence, prompt and detailed information about charges, and a fair and public trial without undue delay. They have the right to be present at their own trial; communicate with an attorney of their choice; have adequate time and facilities to prepare a defense; receive free assistance of an interpreter as needed; challenge prosecution or plaintiff witnesses and present their own witnesses and evidence; not be compelled to testify or confess guilt; and appeal. Attorneys are not provided at public expense to defendants who cannot pay unless the charge is murder.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

There is an independent, impartial judiciary in civil matters where one can bring lawsuits seeking damages for a human rights violation. Individuals and organizations cannot appeal adverse domestic decisions to regional human rights courts for a binding decision. Individuals and organizations may present petitions to the Inter-American Commission on Human Rights.

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

The constitution prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

a. Freedom of Speech and Press

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press and a functioning democratic political system combined to promote freedom of expression, including for the press.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority. According to the International Telecommunication Union, 51 percent of the population used the internet in 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The constitution and the law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, asylum seekers, stateless persons, and other persons of concern.

PROTECTION OF REFUGEES

Access to Asylum: The law does not provide for the granting of asylum or refugee status. Refugees had access to medical care and uneven access to education. Individuals claiming refugee status had access to the courts and protection by law enforcement. The government assisted the safe, voluntary return of refugees to their home countries.

The few domestic human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

Women

Rape and Domestic Violence: The law criminalizes rape of men or women, which is punishable by 14 years’ to life imprisonment. The law criminalizes spousal rape only when a couple is divorced or separated or when there is a protection order from the Family Court. Roungement–the practice of parents’ accepting monetary compensation to settle rape and sexual assault cases out of court–is prohibited by law, but it was rarely prosecuted and commonly practiced.

Sexual assault remained a problem. High-level government officials publicly expressed support for enacting family law legislation and strengthening avenues of recourse for victims of gender-based violence.

Domestic violence was also a significant problem, but there were no prosecutions of crimes of gender-based violence during the year. While police were willing to arrest offenders, the government prosecuted crimes of violence against women only when the victim pressed charges. The Gender Relations Department cited a lack of training in trauma-specific interview techniques as a major problem for evidence collection.

The law provides penalties for domestic violence ranging from five years’ to life imprisonment. Shelters, a hotline, police training, and a national protocol were used to deal with the problem, but the lack of financial security for victims was a key impediment. The maximum amount of child support the court may award a custodial parent is XCD 250 ($93) per month per child. Police also faced problems, such as a lack of transportation, which at times prevented them from responding to a call in a timely manner. The Saint Lucia Crisis Center, a nongovernmental organization receiving government assistance, maintained a facility for female victims of domestic violence and their children and a hotline for support. The only residential facility for victims of domestic abuse, the Women’s Support Center operated by the Department of Gender Relations, also received government funding.

The Ministry of Education, Innovation, Gender Relations, and Sustainable Development assisted victims. Authorities referred most cases to a counselor, and police facilitated the issuance of court protection orders in some cases. The Department of Gender Relations operated a number of gender-based violence prevention programs in schools and community-based groups.

The Family Court hears cases of domestic violence and crimes against women and children. The court can issue a protection order prohibiting an abuser from entering or remaining in the residence of a specified person. The court remands perpetrators to an intervention program for rehabilitation. The court employed full-time social workers to assist victims of domestic violence.

Sexual Harassment: The law prohibits sexual harassment, but it remained a problem, since government enforcement was not an effective deterrent. Most cases of sexual harassment were handled in the workplace rather than prosecuted under the law.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The law provides for the same legal status and rights for women as for men. The law requires equal pay for equal work. Women were underrepresented in the labor force, had higher levels of unemployment than men, and sometimes received lower pay or faced additional informal hurdles gaining access to credit. The law provides equal treatment for family property, nationality, and inheritance. Civil society groups reported the government did not enforce family property or inheritance laws effectively.

Children

Birth Registration: Children receive citizenship by birth to a parent with citizenship. Women can equally pass on citizenship to their children, but the foreign husband of a Saint Lucian woman does not automatically receive Saint Lucian citizenship, unlike the foreign wife of a Saint Lucian man. Authorities provided birth certificates to parents without undue administrative delay.

Child Abuse: Child abuse remained a problem. The Department of Human Services and Family Affairs handled cases of sexual abuse, physical abuse, abandonment, and psychological abuse. Although the government condemned the practice, parents of sexually abused children sometimes declined to press sexual assault charges against the abuser in exchange for financial contributions toward the welfare of the victims. Nonetheless, courts heard some child sexual abuse cases, and convicted and sentenced offenders.

The human services division provided services to victims of child abuse, including a home for severely abused and neglected children, counseling, facilitating medical intervention, finding foster care, providing family support services, and supporting the child while working with police and attending court.

Early and Forced Marriage: The legal minimum age for marriage is 18 for men and women, but 16 with parental consent.

Sexual Exploitation of Children: Laws on sexual offenses cover rape, unlawful sexual connection, and unlawful sexual intercourse with children under 16. The age of consent is 16, but a consent defense may be cited if the victim is between 12 and 16. The law prohibits forced labor or sex trafficking of children under the age of 18. There were limited indications that unorganized commercial sexual exploitation of children occurred. No separate law defines or specifically prohibits child pornography.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

There was no organized Jewish community, and there were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law does not prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities. Government regulations require access for persons with disabilities to all public buildings, but only a few government buildings had access ramps. The Ministry of Health operated a community-based rehabilitation program in residents’ homes.

Children with physical and visual disabilities were not mainstreamed into the wider student population. Five schools were available for persons with mental disabilities and for children who were hard of hearing, deaf, or blind; or had vision disabilities. Children with disabilities faced barriers in education, and there were few opportunities for such persons when they became adults.

While there were no official reports of discrimination, employers generally did not make accommodations for workers with disabilities. Persons with disabilities have the right to vote, and selected polling stations are accessible for mobility-impaired voters, but many polling stations were inaccessible.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

Consensual same-sex sexual activity is illegal under indecency statutes, and some consensual same-sex sexual activity between men is also illegal under anal intercourse laws. Indecency statutes carry a maximum penalty of five years’ imprisonment, and anal intercourse carries a maximum penalty of 10 years in prison. The law does not extend antidiscrimination protections to lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons based on sexual orientation, gender identity or expression, or sex characteristics.

While the indecency statutes and anal intercourse laws were rarely enforced, civil society reported there was widespread societal discrimination against LGBTI persons. The few openly LGBTI persons faced daily verbal harassment and, at times, physical threats. Civil society groups reported LGBTI persons were denied access to rental homes or forced to leave rental homes and were denied jobs or left jobs due to a hostile work environment.

There were few reported incidents of violence or abuse during the year.

HIV and AIDS Social Stigma

Nongovernmental organizations reported there was some stigma and discrimination against persons infected with HIV/AIDS. Civil society reported that health-care workers did not respect patient confidentiality with respect to HIV/AIDS status. Civil society conducted an HIV testing training for health-care workers, in partnership with the Ministry of Health, Organization of Eastern Caribbean States, and Caribbean Vulnerable Communities Coalition.

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

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

The law prohibits such practices, and there were no generalized reports the government employed them. In a high-profile case, however, a woman was committed to the Mental Health Center for two weeks of observation after pleading not guilty to a charge of abusive language. The abusive language was against the wife of a senior government minister. Following a mental health evaluation, she was granted bail and released, and the case was adjourned until December 17. Legal experts in the country cited this incident as an example of a misuse of the judicial system.

Prison and Detention Center Conditions

Prison conditions were generally adequate, although they varied depending on the facility.

Physical Conditions: The government continued to use Her Majesty’s Prison, an old building in the center of Kingstown, the capital city, to hold both male and female inmates. Men and women were held separately. Key problems included the inability to segregate prisoners who misbehaved, gang activity, and contraband, including the smuggling of cell phones and drugs. In contrast with Her Majesty’s Prison, there were no reports of inadequate living conditions in the newer Belle Isle facility.

Conditions were inadequate for juvenile offenders. Authorities held offenders between the ages of 16 and 21 years of age with convicted adult prisoners.

Administration: Authorities conducted proper investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted prison visits by independent human rights observers.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Royal Saint Vincent and the Grenadines Police is the only security force in the country and is responsible for maintaining national security. Its forces include the Coast Guard, Special Services Unit, Rapid Response Unit, Drug Squad, and Anti-Trafficking Unit. The police force reports to the minister of national security, a portfolio held by the prime minister. The Criminal Investigations Department investigated all police killings and referred them to coroner’s inquests.

Civilian authorities maintained effective control over the police, and the government has effective mechanisms to investigate and punish abuse. Citizens alleging police abuse could file complaints with the Complaint Department within the police force or an independent, government-operated oversight committee tasked with monitoring police activity and hearing public complaints against police misconduct. If a complaint is deemed to have merit, the Office of the Director of Public Prosecutions files charges. Authorities indicated there were 74 investigations into police misconduct during the year, one of which resulted in a police officer being sanctioned. There were no verified reports of impunity involving security forces during the year.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires judicial authority to issue arrest warrants. Detainees may seek judicial determinations of their status after 48 hours if not already provided. The bail system was generally effective. Authorities generally allowed detainees prompt access to a lawyer. For indigent detainees accused of a capital offense, the state provides a lawyer. For other crimes, the state does not provide a lawyer, and defendants represent themselves in court.

Although lengthy delays were reported prior to preliminary inquiries, government sources reported compliance with Court of Appeal guidelines, which require a preliminary hearing to be held within nine months of detention. In 2017 there were approximately 20 detained defendants who had awaited trial for more than two years. More than half of the cases were delayed pending psychiatric evaluations.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

TRIAL PROCEDURES

The law provides for the right to a fair and public trial, and an independent judiciary generally enforced this right. The court appoints attorneys only for indigent defendants charged with a capital offense. Defendants are presumed innocent until proven guilty, may be present at the trial, are informed promptly and in detail of the charges, and may confront and question witnesses. Defendants had access to free assistance of an interpreter as necessary and adequate time and facilities to prepare a defense. Defendants may present their own witnesses and evidence and cannot be compelled to testify or confess guilt. Witnesses and victims sometimes refused to testify because they feared retaliation. Defendants may appeal verdicts and penalties.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

There is an independent, impartial judiciary in civil matters, where one may bring lawsuits seeking damages for a human rights violation. Individuals may appeal adverse domestic decisions to regional human rights bodies.

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

The law prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

a. Freedom of Speech and Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Censorship or Content Restrictions: Civil society observers continued to report concerns about expressing criticism of the government, primarily due to fear of facing libel charges, including under the 2016 Cybercrime Act. Civil society indicated these fears resulted in media outlets practicing self-censorship.

Libel/Slander Laws: The 2016 Cybercrime Act establishes criminal penalties, including imprisonment, for various offenses, including libel by electronic communication, cyberbullying, and illegal acquisition of data. Freedom of speech organizations harshly criticized the law as being inconsistent with international freedom of speech norms. Civil society also expressed concerns that the prohibition on libel by electronic means would give rise to government efforts to silence its critics. The government did not charge anyone with libel or defamation during the year.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

According to the International Telecommunication Union, 66 percent of citizens used the internet in 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights. Various civil society organizations, however, reported citizens were hesitant to participate in antigovernment protests due to fear of retaliation.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

PROTECTION OF REFUGEES

Access to Asylum: The law does not provide for the granting of asylum or refugee status; each case is addressed on an individual basis. The government has not established a system for providing protection to refugees.

The Saint Vincent and the Grenadines Human Rights Association (SVGHRA), a domestic human rights group, generally operated without government restrictions and investigated and published its findings on human rights cases. The government held various meetings with civil society that included the SVGHRA. Government officials rarely cooperated with the SVGHRA or shared its views on human rights issues.

Women

Rape and Domestic Violence: Rape, including spousal rape, is illegal, and the government generally enforced the law when victims came forward. Sentences for rape begin at 10 years’ imprisonment. Authorities referred allegations of rape or any abuse against women to the police. Police were generally responsive to these complaints. Police and human rights groups reported that perpetrators commonly made payoffs to victims of rape or sexual assault in exchange for victims not pressing charges.

Civil society groups reported that rape and violence against women remained a serious and pervasive problem. The Division of Gender Affairs in the Ministry of National Mobilization offered different programs to assist women and children. The ministry maintained a crisis center for survivors of domestic violence.

Sexual Harassment: The law does not specifically prohibit sexual harassment, although authorities could prosecute such behavior under other laws. Local human rights groups and women’s organizations considered enforcement ineffective.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Women enjoy the same legal rights to family, nationality, and inheritance as men. Women received an equitable share of property following separation or divorce. The law requires equal pay for equal work and authorities generally enforced it.

Children

Birth Registration: Citizenship is derived by birth within the country’s territory or from either parent. There was universal birth registration, which usually occurred within a few days of a child’s birth.

Child Abuse: The law provides a legal framework for the protection of children, including within domestic violence laws. The Family Services Division of the Ministry of Social Development monitored and protected the welfare of children. The division referred all reports of child abuse to the police for action and provided assistance in cases where children applied for protection orders with the family court. Reports of unlawful sexual intercourse with children under age 15 remained a problem, and these reports were in some cases linked to transactional sex with minors. Government and nongovernmental organization (NGO) interlocutors indicated that child abuse, including neglect, incest, and physical, sexual, and emotional abuse were significant problems.

Early and Forced Marriage: The legal minimum age for marriage is 18. Parental consent is required for underage marriage.

Sexual Exploitation of Children: The law does not specify a minimum age for consensual sex but stipulates punishment for persons who have sexual relations with a girl under age 15. The law prohibits statutory rape, with special provisions for those under age 13. Observers noted that male and female teenagers engaged in prostitution and transactional sex. NGO and government sources reported some mothers pressured their daughters to have sexual relations with older men as a way to supplement family income. Government officials conducted sensitization workshops in the community and schools to address the problem.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

There was no organized Jewish community, and there were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, mental, and intellectual disabilities, and the government generally observed these prohibitions. The law does not mandate access to buildings for persons with disabilities, and access for such persons generally was difficult. NGOs reported government funding for organizations supporting persons with disabilities was insufficient to meet the needs of persons with disabilities. NGOs reported subtle discrimination in hiring practices throughout the workforce but noted the government’s strong attempt to recruit and hire persons with disabilities through programs such as the Youth Employment Service.

Education was provided until age 21 for persons with disabilities, and the government partially supported a separate school for persons with disabilities. Persons with disabilities also could attend public schools. A separate rehabilitation center treated an average of five persons daily.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

Consensual same-sex conduct between adults is illegal under indecency statutes, and some sexual activity between adult men is illegal under anal intercourse laws. Indecency statutes carry a maximum penalty of five years’ imprisonment, and anal intercourse acts carry a maximum penalty of 10 years in prison, although these laws were rarely enforced. No laws prohibit discrimination against a person based on sexual orientation or gender identity.

Anecdotal evidence suggested there was societal discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, although local observers believed such attitudes of intolerance were slowly improving. Members of professional and business classes were more inclined to conceal their LGBTI status.

There were two acts of violence on individuals due to their sexual orientation or gender identity. Both cases were under investigation as of October. In one case two men dressed in female clothing were chased and beaten by a crowd, all of which was captured and posted to social media. No individuals from the crowd were arrested. In the second incident, authorities suspected a man was killed during a same-sex encounter. Police detained a suspect, who later admitted to the killing.

HIV and AIDS Social Stigma

Anecdotal evidence suggested there was some societal discrimination against persons with HIV/AIDS, especially in employment. The government provided monthly financial assistance to persons with HIV/AIDS. The SVGHRA, which serves as coordinator for these NGOs, reported that funding continued to be a problem since each organization must find its own funding sources.

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings.

There were developments in the trial of former military dictator and current President Bouterse and codefendants for the 1982 extrajudicial killing of 15 political opponents. The prosecution recommended 20-year sentences for nine defendants, including lead suspect Bouterse, a 10-year sentence for one defendant, and acquittal for nine defendants. Both prosecution and defense provided final rebuttals, arguments, and statements. At year’s end the case awaited the verdict and sentencing by the judges.

There was no progress made on establishing the Truth and Reconciliation Commission as mandated by the amnesty law.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

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

While the law prohibits such practices, human rights groups, defense attorneys, and media continued to report instances of mistreatment by police, including unnecessary use of force during arrests and beatings while in detention.

Prison and Detention Center Conditions

Prison conditions generally met international standards, but there were numerous problems in the country’s 26 detention centers.

Physical Conditions: In prisons there were no major reports of conditions that raised human rights concerns. Nonetheless, prisons were understaffed, with high prisoner-to-guard ratios. Facilities lacked adequate emergency exits. Cells were closed with individual padlocks. There were no emergency evacuation drills.

Overcrowding was a problem in the detention centers connected to police stations and operated by police. Older buildings lacked adequate lighting and ventilation, with limited functioning sanitation facilities. Hygienic conditions were poor. Bad drainage led to flooding problems in some facilities. Police had no standard operating procedures for management of detention facilities. Each facility had its own rules. Police officers were assigned to detention facilities without any specialized training. Facilities lacked adequate guards, relying instead on regular duty police officers when additional assistance was necessary. Officers did not have adequate medical protective gear to handle detainees in need of medical attention. There were reported cases of communicable diseases in detention facilities.

Outside vendors were responsible for providing food. Throughout the year vendors threatened to suspend services due to lack of payment by the government.

Administration: Authorities conducted proper investigations of credible allegations of mistreatment. Government officials continued regular monitoring of prison and detention center conditions.

Independent Monitoring: The government permitted monitoring visits by independent human rights observers.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness for his or her arrest or detention in court, and the government generally observed these prohibitions.

ROLE OF THE POLICE AND SECURITY APPARATUS

The armed forces are responsible for national security and border control, with the military police having direct responsibility for immigration control at the country’s ports of entry. All elements of the military are under the control of the Ministry of Defense. Civilian police bear primary responsibility for the maintenance of law and order and report to the Ministry of Justice and Police. Police effectiveness was hampered by a lack of equipment and training and by low salaries. Police and military personnel continued to conduct regular joint patrols as part of the government’s overall efforts to combat crime, and both also served jointly on special security teams.

Civilian authorities maintained effective control over the military and police. Although the government continued to take steps to prosecute abusers in the security forces, observers nonetheless expressed concern that high-ranking public officials and security officers had impunity from enforcement.

The Personnel Investigation Department (OPZ), an office within the Police Department, investigated complaints filed by citizens against members of the police force. The Internal Affairs Unit (ITZ) investigated allegations of misconduct by members of the police force. Military police and the judge advocate investigated offenses committed by soldiers.

As of September the OPZ received 94 complaints from private citizens against members of the police force, 21 of which contained allegations of threats, firearm violence, abuse of authority, and sex crimes. By the same date, the ITZ conducted investigations in 140 cases involving various forms of misconduct. Three cases resulted in the firing of police officers.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Police apprehended individuals openly with warrants based on sufficient evidence and brought them before an independent judiciary. The law provides that detainees be brought before a judge within seven days to determine the legality of their arrest. Courts generally met the seven-day deadline. Authorities promptly informed detainees of the charges against them. An assistant district attorney or a police inspector may authorize incommunicado detention. If additional time is needed to investigate the charge, a judge may extend the detention period in 30-day increments up to a total of 150 days. There is no bail system. Release pending trial is dependent on the type of crime committed and the judge handling the case. Detainees received prompt access to counsel of their choosing, but the prosecutor may prohibit access if the prosecutor believes access could harm the investigation. Legal counsel was provided at no charge for indigent detainees. Detainees were allowed weekly visits from family members.

Pretrial Detention: Lengthy pretrial detention was a serious problem, caused by an insufficient number of judges available to hear cases. While some progress was made in bringing criminal cases to trial, detainees often served the majority, if not all, of their sentences, before trial was completed.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary. The dependence of the courts on the Ministry of Justice and Police and Ministry of Finance, both executive agencies, for funding was a threat to judicial independence. Some progress was reportedly made towards financial independence of the Court of Justice, when the two agreed to allow the court to manage a budget of its own for smaller expenditures.

Human rights activists complained that there was no effective remedy for constitutional violations, as a succession of governments failed to install a constitutional court as mandated by the constitution.

According to the interim president of the Court of Justice, the country had only 19 of the 40 judges needed for the proper functioning of the judicial system. The government approved the appointment of seven new judges, who were to be sworn in in January 2019. Despite the shortage of judges, the court made significant progress in processing of cases, including appeals cases.

The judiciary hired additional court clerks and administrative staff to improve its administrative functioning. In January a newly renovated court building opened, and all three court buildings were operating at full capacity. The court launched an automation project intended to include the digitizing of all rulings and the launch of a website for educational purposes and publishing rulings. The Attorney General’s Office launched a training course for additional assistant prosecutors during the year.

TRIAL PROCEDURES

The law provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Defendants have the right to trial without undue delay and the right to counsel. There were court-assigned attorneys for both the civil and penal systems. All trials are public except for indecency offenses and offenses involving children. Defendants enjoy a presumption of innocence and have the right to appeal. Defendants have the right to be present at their trial and may not be compelled to testify or confess guilt. Defendants’ attorneys may question witnesses and present witnesses and evidence on the defendant’s behalf. The courts assign private-sector lawyers to defend indigent detainees. If necessary, free interpretation is also provided. The law protects the names of the accused, and authorities do not release those names to the public or media prior to conviction.

Legal assistance to indigent detainees continued to come under pressure as lawyers threatened to cease legal assistance due to lack of payment by the government. Cases concerning non-Dutch-speaking detainees continued to experience delays on numerous occasions as interpreters suspended their services to the court due to a backlog in payments by the government. Cases requiring psychological or psychiatric evaluations were also repeatedly postponed as this group of experts also ceased court services during the year due to the government’s failure to pay them. There was no notable progress during the year to alleviate these problems.

There are parallel military and civilian court systems, and military personnel generally are not subject to civilian criminal law. The military courts follow the same rules of procedure as the civil courts. There is no appeal from the military to the civil system.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Individuals or organizations have the right to seek civil remedies for human rights violations in local courts. Individuals and organizations have the right to appeal decisions to regional human rights bodies; most cases are brought to the Inter-American Commission on Human Rights (IACHR). The IACHR ruled against the country in several cases, but the government only sporadically enforced court rulings or took no action (see section 6, Indigenous People).

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

The law prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

a. Freedom of Speech and Press

The constitution provides for freedom of expression, including for the press. While there are no formal restrictions on the press, actions by government and nongovernment actors impeded the ability of the independent media to conduct their work.

Press and Media Freedom: Independent media were active and expressed a wide variety of views without formal restriction. Multiple media outlets published materials critical of the government. Ownership affiliations, either pro- or antigovernment, influenced the overall tone of reporting.

Agents of the government used state media, particularly the state-run radio station, as a tool to criticize and attack those with views opposing the government. In certain instances the attacks directly threatened democracy and rule of law.

Violence and Harassment: Journalists reported intimidation by government and nongovernment actors. To protect the identity of journalists, two of four leading daily newspapers intermittently printed only the initials of writers instead of their full names. Another newspaper printed articles without an author’s name.

Censorship or Content Restrictions: Media members reported continued self-censorship in response to alleged pressure from government officials or government-affiliated entities on journalists who published negative stories about the administration. Nonetheless, the press carried articles critical of the government on a daily basis. Additionally, many news outlets retained affiliations with particular political parties that could bias reporting.

The generally low wages for journalists made them vulnerable to bias and influence, which further jeopardized the credibility of reporting. Independent media faced competition for qualified journalists. The government’s media office, as well as the private sector, hired jounalists away from independent media outlets, offering them higher wages. This practice made it difficult for independent media to retain qualified staff and impeded their ability to report adequately on government activities.

In May the Suriname Association of Journalists expressed its concerns about the centralization of information by the government, which limited the press in its ability freely and independently to gather news. Following the introduction of the centralized system in 2017, government officials and entities avoided direct contact with the press.

Nongovernmental organizations (NGOs) reported the selective awarding of advertising by the government.

Libel/Slander Laws: The country’s criminal defamation laws carry harsh penalties, with prison terms between three months and seven years. The harshest penalty is for expressing public enmity, hatred, or contempt towards the government. There were no reports of cases involving defamation during the year.

INTERNET FREEDOM

There were no government restrictions on access to the internet, and the government asserted that it did not monitor private online communications without appropriate legal oversight. Nevertheless, journalists, members of the political opposition and their supporters, and other independent entities perceived government interference or oversight of email and social media accounts.

Internet access was common and widely available in the major cities but less common in remote areas, with limited bandwidth and often limited or no access to electricity. According to the International Telecommunication Union, 49 percent of citizens used the internet in 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

FREEDOM OF PEACEFUL ASSEMBLY

In contrast with 2017, there were no violations of the freedom to peaceful assembly during the year.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) in providing protection and assistance to refugees and asylum seekers.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The country relies on UNHCR to assign refugee or asylum seeker status. Once status is confirmed, refugees or asylum seekers obtain residency permits under the alien legislation law.

The Red Cross Suriname was the local point of contact for those filing for refugee status with UNHCR.

In March the Ministry of Justice and Police passed a resolution that sets forth procedures for the formal processing of aliens filing for protective or refugee status and formalizes cooperation with the Red Cross as the UNHCR representative.

STATELESS PERSONS

A 2014 amendment to the Citizenship and Residency Law grants citizenship through place of birth to a child who is born in the country to non-Surinamese parents, but it does not automatically confer citizenship of one of the parents. The amended law aims to eliminate the possibility of statelessness among children but does not apply retroactively, so a person born before September 2014 continues to be subject to the previous citizenship rules. Thus, children born before September 2014 in undocumented Brazilian-national mining communities or to foreign women in prostitution become eligible to apply for citizenship only at the age of 18.

While officially the government does not limit services such as education to stateless children, the bureaucratic requirements of registering children for these services proved obstacles to obtaining services.

A number of independent domestic human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. NGOs reported generally positive relationships with government officials, although officials were not always responsive to their views.

Government Human Rights Bodies: The Human Rights Office of the Ministry of Justice and Police is responsible for advising the government on regional and international proceedings against the state concerning human rights. It is also responsible for preparing the state’s response to various international human rights reports. Its independence is limited as a ministerial office exclusively under executive branch control and it does not solicit or investigate public complaints. The National Assembly has a commission dealing with issues related to human rights.

Women

Rape and Domestic Violence: The law criminalizes rape of men and women, including spousal rape, and prescribes penalties for rape or forcible sexual assault of between 12 and 15 years’ imprisonment and fines up to 100,000 Surinamese dollars (SRD) ($13,300). The government enforced the law effectively, including applying its provisions in cases involving rape of men. Police received 513 reports of sexual abuse as of September. Authorities investigated and prosecuted all reported cases.

Violence against women remained a serious and pervasive problem. The law imposes sentences of four to eight years’ imprisonment for domestic violence. Through September police reported to have received 102 cases of domestic abuse, compared with 421 for the same period in 2017. Domestic abuse played a role in four of the 18 homicides committed through September; prosecutions were pending.

The Victim Assistance Bureau of the Ministry of Justice and Police provided resources for victims of domestic violence and continued to raise awareness about domestic violence through public television programs. There were victims’ rooms in police stations in Paramaribo and Nickerie. Authorities trained police units in dealing with survivors and perpetrators of sexual crimes and domestic violence. The Victim Assistance Bureau managed a shelter for female victims of domestic violence and children up to age 12 and served an average of 40 clients per year. The Office for Gender Affairs of the Ministry of Home Affairs launched an awareness campaign in May against domestic violence nationwide.

Sexual Harassment: There is no specific legislation on sexual harassment, but prosecutors cited various penal code articles in filing sexual harassment cases. There were no reported court cases involving sexual harassment in the workplace.

Stalking is a criminal offense, and police may investigate possible cases of stalking without the filing of a formal complaint. Pending investigation, police may issue temporary restraining orders limiting contact between victim and suspect for up to 30 days. If found guilty, offenders can receive prison sentences ranging from four to 12 years and fines from SRD 50,000 to SRD 150,000 ($6,650 to $19,950).

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The law provides for protection of women’s rights to equal access to education, employment, and property. Nonetheless, women experienced discrimination in access to employment and in rates of pay for the same or substantially similar work. In August the National Assembly passed labor legislation that protects pregnant women from being fired.

Children

Birth Registration: The law on citizenship and residency provides that citizenship transmits to a child when either the father or mother has Surinamese citizenship at the time of birth, when the parent is Surinamese but has died before birth, or if the child is born in the country’s territory and does not automatically acquire citizenship of another country. Births must be registered with the Civil Registry within one week. Failure to do so within the mandated period results in a more cumbersome process of registration.

Child Abuse: Police registered 47 cases of physical abuse and 256 cases of child sexual abuse as of September. Subject-matter experts believed the actual number of abuse cases was significantly higher than reported. To avoid intimidation by perpetrators, there were arrangements for children to testify in special chambers at legal proceedings. The Youth Affairs Office continued to raise awareness about sexual abuse, drugs, and alcohol through a weekly television program. The government operated a telephone hotline for children and provided confidential advice and aid to children in need. Authorities reported an average of 80 calls per day.

UNICEF continued cooperating with the government in providing training to officials from various ministries dealing with children and children’s rights. The Ministry of Justice and Police operated three child protection centers in different parts of the country.

Early and Forced Marriage: Parental permission to marry is required until the age of 21. The marriage law sets the age of marital consent at 15 for girls and 17 for boys, provided parents of the parties agree to the marriage. Children in certain tribal communities often marry at an age below that set forth by the law.

Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children, the sale of children, offering or procuring a child for child prostitution, and practices related to child pornography. Authorities prosecuted all reported violations. While the legal age of sexual consent is 14, trafficking-in-persons legislation makes illegal the sexual exploitation of a person younger than age 18. Criminal law penalizes persons responsible for recruiting children into prostitution and provides penalties of up to six years’ imprisonment and a fine of SRD 100,000 ($13,300) for pimping. The law also prohibits child pornography, which carries a maximum penalty of six years’ imprisonment and maximum fine of SRD 50,000 ($6,650). Violations are punishable by prison terms of up to 12 years.

Lack of economic opportunities led to an increasing number of adolescent boys and girls entering prostitution to support family or to pay for education. One NGO reported commercial sexual exploitation of children as young as 14. While not generally marketed as a destination for child sex tourism, cases were reported of tourists involved in sexual exploitation of children. Cases were also reported of parents forcing their young children into prostitution.

Several cases of sexual exploitation, sexual and physical abuse, and neglect came to trial. Victims included both boys and girls. Sentences range up to 10 years in prison.

Institutionalized Children: A lack of financial support from the Ministry of Social Affairs for orphanages and other shelters for children significantly affected these institutions’ ability to care for children adequately. There were reported cases of verbal, physical, and sexual abuse in some shelter facilities.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

There was a declared Jewish community of approximately 150 persons. There were no reports of anti-Semitic acts or discrimination.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

No laws specifically prohibit discrimination against persons with physical or mental disabilities. Persons with disabilities are eligible to receive general health benefits, but the process can be cumbersome. Persons with disabilities experienced discrimination when applying for jobs and services. Authorities provided some training programs for persons with impaired vision or other disabilities. No laws or programs provide that persons with disabilities have access to buildings. A judge may rule to deny a person with a cognitive disability the right to vote, take part in business transactions, or sign legal agreements. Primary education was available for persons with disabilities and, depending on the type of disability, secondary and higher education were also available. There was secondary and technical education for deaf and hard-of-hearing persons but not for those with visual disabilities. Persons with disabilities are eligible to receive a stipend from the government until they marry or turn 60. The Ministry of Social Affairs is responsible for protecting the rights of persons with disabilities.

In October the Ministry of Social Affairs supported an NGO-led workshop on developing awareness for the UN Convention for the Rights of Persons with Disabilities, as well as identifying issues of concern.

Indigenous People

The law affords no special protection for, or recognition of, indigenous peoples. The IACHR identified the Maroons (descendants of escaped slaves who fled to the interior–approximately 22 percent of the population) as tribal peoples and thus entitled to the same rights as the indigenous Amerindian communities (approximately 4 percent of the population).

Maroons and Amerindians living in the remote and undeveloped interior had limited access to education, employment, and health and social services. Both groups participated in decisions affecting their tradition and culture, but they had limited influence in decisions affecting exploitation of energy, minerals, timber, and other natural resources on their lands. Both Maroons and Amerindians took part in regional governing bodies, as well as in the National Assembly, and were part of the governing coalition.

The government recognizes the different Maroon and indigenous tribes, but they hold no special status under national law, and there was no effective demarcation of their lands. Because authorities did not effectively demarcate or police Amerindian and Maroon lands, these populations continued to face problems with illegal and uncontrolled logging and mining. No laws grant indigenous peoples the right to share in the revenues from the exploitation of resources on their traditional lands. Organizations representing Maroon and Amerindian communities complained that small-scale mining operations, mainly by illegal gold miners, some of whom were themselves tribal or supported by tribal groups, dug trenches that cut residents off from their agricultural land and threatened to drive them away from their traditional settlements. Mercury runoff from these operations as well as riverbank erosion also contaminated sources of drinking water and threatened traditional food sources, especially freshwater fish.

Maroon and Amerindian groups complained about the government granting land within their traditional territories to third parties, who sometimes prevented the villages from engaging in their traditional activities on those lands.

In July the government translated and published the summary of the Kalina and Lokono Peoples vs. Suriname Inter-American Court of Human Rights ruling announced in 2015. The court declared the state responsible for violating the rights to recognition of juridical personality, to collective property, to political rights, and to cultural identity, and reminded the state of its duty to adopt appropriate domestic legal provisions. The court ordered the government to recognize the Kalina and Lokono collective juridical personality legally; delimit, demarcate, and title the territory to the peoples; establish a community development fund; and rehabilitate areas affected by mining by third parties. The court also ordered similar legislative changes to be made for recognizing the rights of all indigenous and tribal peoples and to have this effective legal recognition and protection within three years. As of October the government had not taken action to carry out the court’s orders. The final deadline for the government to implement the ruling was January 2019.

The government also took no action to implement precautionary measures requested by the IACHR in 2016 regarding a 2009 petition from the Kalina Indigenous Community of Maho. In 2014, despite the continuing litigation, the government continued to grant concession rights to third parties in the area of the Maho community. In 2016 the Maho community requested that the IACHR forward the case to the Inter-American Court of Human Rights. Throughout the year the community continued to report infringements on its lands.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The constitution prohibits many forms of discrimination but does not address sexual orientation or gender identity. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals could associate freely, were socially very active, and advocated within society under the same laws that pertain to the assembly and association of other groups. The law prohibits discrimination and hate speech based on sexual orientation, specifically protecting the LGBTI community. Violations are punishable by a fine or prison sentence of up to one year. The law does not set standards for determining what constitutes such discrimination or hate speech. The law was in effect but had not been used in any case.

The LGBT Platform, a collective of NGOs, reported improvements in acceptance of the LGBTI community by society. Despite legal protections, the government itself discriminated against same-sex couples, since 2014 legislation on retirement benefits specifically excludes same-sex couples from benefits granted to heterosexual couples. Among the LGBTI community, the transgender community faced the most stigmatization and discrimination. Transgender women arrested or detained by police were placed in detention facilities for men, where they faced harassment and other violence from other detainees.

There were few official reports of violence against LGBTI persons, primarily due to fear of retribution and because authorities reportedly did not take seriously complaints filed by members of the LGBTI community. There were reports of societal discrimination against the LGBTI community in areas of employment and housing.

An appeals case involving the Civil Registration Office concerning the ability of transgender individuals to update legal documents to reflect their gender identity in the public registry was ongoing.

HIV and AIDS Social Stigma

Persons with HIV/AIDS continued to experience discrimination in employment and medical services. Medical treatment is free for HIV/AIDS patients covered under government insurance, but private insurers did not cover such treatment. NGOs reported discriminatory testing, and subsequent denial, when applying for housing assistance from the Ministry of Social Affairs.

Other Societal Violence or Discrimination

Chinese shop owners continued to be targets of violent armed robberies. Violence in the gold-mining areas of the interior occurred primarily among and within the Brazilian community, where the government exercised little authority.

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings. According to official figures, police shot and killed 28 persons through October 9, compared with 46 in 2017. There were occasional discrepancies between the official reporting of shooting incidents and the claims made by witnesses regarding who fired the first shot and whether the officers fired in self-defense. Police investigated all police shooting deaths.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

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

Although the law prohibits such practices, there were some reports that police officers and prison guards sometimes mistreated individuals under arrest or in detention.

Officials from the Police Complaints Authority (PCA), a civilian oversight body that investigates complaints about the conduct of police officers, reported receiving few cases of cruel and inhuman treatment.

Prison and Detention Center Conditions

Conditions in some of the prison system’s nine facilities continued to be harsh due to overcrowding.

Physical Conditions: Convicted inmates constituted approximately 37 percent of the country’s prison population, while the others were in pretrial status, according to figures from 2017, the most recent data available. Most prisons suffered from extreme overcrowding, although the maximum-security prison was not at full capacity. Observers noted the Port of Spain Prison, the remand prison, and the immigration detention center had particularly poor conditions and severe overcrowding, with as many as nine prisoners kept in cells of 80 square feet. The Port of Spain Prison, designed to hold 250 inmates, held 595, and the remand prison, designed to hold 655 inmates, held 1,049, according to figures from 2016, the most recent data available. By contrast, the maximum-security prison held inmates in three-person cells, each with a toilet and shower.

The remand section of the Port of Spain Prison had particularly poor lighting, ventilation, and sanitation facilities.

Although conditions at the women’s prison were better than those in the Port of Spain Prison, the women’s facility occasionally became overcrowded, since it held both women on remand and those serving prison sentences. The daily average female prison population was 109 in facilities with a maximum capacity of 158, according to figures from 2017. Since there was no female youth facility, authorities placed some underage female prisoners in a segregated wing of the women’s prison and returned others to their families. Observers raised concerns the prison held young girls who had not committed any offense but were merely in state custody.

The government also operated the Immigration Detention Center (IDC) to house irregular immigrants waiting to be deported. The average length of detention was one week to two months, depending on the speed with which the government secured public funding for deportation, as well as transit passports and visas. In some cases detention lasted more than four years. Observers reported the men’s section continued to be overcrowded.

In June a group of Cubans, Venezuelans, and Africans held at the IDC staged two protests against the conditions of the detention center and length of their stay in the facility. Some of those protesting had been at the IDC for more than one year, even after requesting repatriation.

Administration: Authorities generally conducted proper investigations of credible allegations of mistreatment.

Independent Monitoring: The government did not permit outside observers, such as the United Nations, International Committee of the Red Cross, or other nongovernmental organizations (NGOs), free access to conduct monitoring visits or interviews in the IDC. Other than the IDC, the government permitted regular and open prison visits by UN officials and independent human rights observers upon approval of the Ministry of National Security. These observers enjoyed a reasonable degree of independence.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements. Reports of abuses by police remained under investigation at year’s end.

In May the government passed an updated version of the Anti-Gang Act, which bans membership in criminal gangs and gang-related activities and permits authorities to hold suspects detained under the law without a warrant for up to 14 days, subject to a court order authorizing the detention. The opposition party raised human rights concerns; however, the government rarely relied upon measures contained in the act.

ROLE OF THE POLICE AND SECURITY APPARATUS

The Ministry of National Security oversees three major divisions–the police service, immigration division, and defense force. The police service maintains internal security, while the defense force, which includes the coast guard, is responsible for external security but also has certain domestic security responsibilities. The coast guard is the main authority responsible for border security along the coastlines where there are no official ports of entry. The Customs and Excise Division and the Immigration Division are responsible for security at the ports. Members of the defense force often joined police officers in patrolling high-crime neighborhoods but do not have arrest authority (apart from the coast guard, which can arrest in territorial waters and the Southern Caribbean).

The independent Police Service Commission (PSC), in consultation with the prime minister, appoints a commissioner of police to oversee the police force. In August the PSC appointed former minister of national security Gary Griffith as the new commissioner of police. The PSC also makes hiring and firing decisions in the police service, and the Ministry of National Security typically has little direct influence over changes in senior positions. The PSC has the power to dismiss police officers, the commissioner of police can suspend officers, and the police service handles the prosecution of officers. Municipal police, under the jurisdiction of 14 regional administrative bodies, supplement the national police force. Public confidence in police was very low because of high crime rates and perceived corruption.

The PCA investigates complaints about the conduct of police officers, including fatal police shootings; however, it received insufficient funding and had limited investigative authority. By law the PCA is free from the direction or control of any other person in the performance of its functions. The PCA had 25 investigators, and from October 2017 through August 27, the unit received 373 complaints, 300 of which were pending as of November. Through investigations by the PCA and other bodies, authorities charged police officers with a number of offenses, including attempted murder and corruption. The Police Professional Standards Unit and the Police Complaints Division, both nonindependent bodies within the police service, also investigated complaints against police.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

A police officer may arrest a person based on a warrant issued or authorized by a magistrate, or without a warrant if the officer witnesses the commission of an offense. Detainees, as well as those summoned to appear before a magistrate, must appear in court within 48 hours. In cases of more serious offenses, the magistrate either commits the accused to prison on remand or allows the accused to post bail, pending a preliminary inquiry. Authorities granted detainees immediate access to a lawyer and to family members. Attorneys representing individual clients in the IDC also generally were allowed to visit them in the center.

Ordinarily, bail was available for minor charges. Persons charged with murder, treason, piracy, kidnapping for ransom, and hijacking, as well as persons convicted twice of violent crimes, are ineligible for bail for a period of up to 120 days following the charge, but a judge may grant bail to such persons under exceptional circumstances. When authorities denied bail, magistrates advised the accused of their right to an attorney and, with few exceptions, allowed them access to an attorney once they were in custody and prior to interrogation.

The minister of national security may authorize preventive detention to preclude actions prejudicial to public safety, public order, or national defense, in which case the minister must state the grounds for the detention.

Arbitrary Arrest: Instances of false arrest, although infrequent, were reported. Victims may pursue legal redress and the right to a fair trial through an independent judiciary.

Pretrial Detention: Lengthy pretrial detention resulting from heavy court backlogs and inefficiencies in the judicial system continued to be a problem. Pretrial detainees or remand prisoners represented more than half the prison population. Most persons under indictment waited seven to 10 years for their trial dates in the High Court, although some waited much longer. Officials cited several reasons for the backlog, including an understaffed prosecutorial office, a shortage of defense attorneys for indigent persons, and the burden of the preliminary inquiry process. Additionally, the law requires anyone charged and detained to appear in person for a hearing before a magistrate’s court every 10 days, if only to have the case postponed for an additional 10 days, resulting in further inefficiency.

e. Denial of Fair Public Trial

The law provides for an independent judiciary, and the government generally respected judicial independence and impartiality. Although the judicial process was generally fair, it was slow due to backlogs and inefficiencies. Prosecutors and judges stated that witness and jury intimidation remained a problem.

TRIAL PROCEDURES

The law provides all defendants with the right to a fair and public trial, and an independent judiciary generally enforced this right. Magistrates try both minor and more serious offenses, but in the latter cases, the magistrate must conduct a preliminary inquiry. Defendants have the right to be present, to be presumed innocent until proven guilty, and to appeal. Authorities inform them promptly and in detail of all charges. Defendants have the right to consult with an attorney in a timely manner and have adequate time and facilities to prepare a defense. Authorities provide an attorney at public expense to defendants facing serious criminal charges, and the law requires provision of an attorney to any person accused of murder. Although the courts may appoint attorneys for indigent persons charged with serious crimes, an indigent person may refuse to accept an assigned attorney for cause and may obtain a replacement. Defendants can confront or question adverse witnesses and present witnesses and evidence on their own behalf. Defendants may not be compelled to testify or confess guilt. The government provides free foreign language interpreters as well as sign-language interpreters as necessary in court cases.

Both civil and criminal appeals may be filed with the Court of Appeal and ultimately with the Privy Council in the United Kingdom.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Individuals or organizations are free to file lawsuits against civil breaches of human rights in both the High Court and petty civil court. The High Court may review the decisions of lower courts, order parties to cease and desist from particular actions, compel parties to take specific actions, and award damages to aggrieved parties. Court cases may be appealed to the Inter-American Commission on Human Rights.

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

The law prohibits such actions, and there were no reports that the government failed to respect these prohibitions.

a. Freedom of Speech and Press

The law provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Violence and Harassment: In contrast with 2017, there were no credible reports of journalists subjected to violence, harassment, or intimidation due to their reporting.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

According to the International Telecommunication Union, 77 percent of citizens used the internet in 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government forced some asylum seekers to return to their home country.

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons and other persons of concern under its mandate; however, this cooperation was considerably strained in numerous cases. Refugees and asylum seekers were often the subjects of immigration enforcement actions and deportations, affecting their freedom of movement.

PROTECTION OF REFUGEES

Refoulement: On April 21, the government deported 82 Venezuelans to their home country, some of whom were seeking asylum. Some of the deported asylum seekers expressed a well founded fear of Venezuelan authorities learning their identities, yet officials overseeing the deportation sought the assistance of the Venezuelan embassy during the process.

In principle, refugees are granted full protection from refoulement and detention if presented to the Immigration Division upon applying for asylum. In practice, however, the lack of adequate legal protection meant that valid, registered refugees and asylum seekers were often arrested and detained on immigration charges.

Access to Asylum: In the absence of national refugee legislation, UNHCR registered all asylum seekers, conducted refugee status determinations on behalf of the government, and attempted to promote durable solutions for all refugees recognized under UNHCR’s mandate.

The law does not provide for any exemption or nonpenalization of irregular entry or stay of asylum seekers or refugees, although the government adopted a refugee policy in June. Persons who expressed a need for international protection could be subject to detention if they entered via irregular ways or exceeded their permitted length of stay without having presented themselves voluntarily to the authorities.

The Living Water Community (LWC), a local Roman Catholic NGO and UNHCR’s operational partner, was the first point of contact for persons in need of international protection. It provided reception services, orientation, and counseling, and it notified the Ministry of National Security’s Immigration Division of the respective asylum applications. In coordination with UNHCR, the LWC engaged in case management and provided psychosocial care and humanitarian assistance, including cash, housing assistance, and legal aid, among other services.

The Ministry of National Security’s Immigration Division authorized the stay of asylum seekers and refugees through the issuance of orders of supervision. These orders provided for protection against detention or deportation. In exchange for issuing an order of supervision, however, immigration authorities often confiscated the passports of refugees and asylum seekers and retained custody of their passports until the refugees or asylum seekers provided a financial deposit equivalent to a return flight ticket to their home country. This inhibited the freedom of movement of many refugees and asylum seekers and, in many cases, effectively trapped them in a country where they were not legally allowed to work and where their access to public services was considerably hindered. Many refugees and asylum seekers experienced xenophobia and discrimination, and sexual and gender-based violence was a particular concern for women.

Employment: In the absence of implementing legislation, neither refugees nor asylum seekers were permitted to work. They were sometimes subjected to exploitation, including sexual exploitation.

Access to Basic Services: Refugee and asylum-seeking children did not have access to public education, because by law they do not qualify for the required student permit. Refugees and asylum seekers struggled to access all but emergency public-health facilities. They did not have access to identity documents and were obliged to surrender their passports to the Immigration Division to remain in the country legally.

Durable Solutions: Due to the absence of national legislation that would allow for local integration, resettlement was traditionally the only durable solution for refugees in the country, but this was difficult due to lack of available spaces. UNHCR, the LWC, and the International Organization for Migration continued to collaborate on the identification, submission, and transfer of refugees in need of resettlement.

Some refugees and asylum seekers abandoned their claims and left the country due to the lengthy processing time and lack of rights, particularly the right to work. Many also feared harassment and discrimination.

The government also collaborated with UNHCR to facilitate the resettlement of a few refugees to smaller Caribbean islands by allowing them to stay temporarily in the country to complete the formalities required for resettlement and then directly travel to their new asylum country.

A number of domestic and international human rights groups generally operated without government restriction, investigating human rights cases and publishing their findings. Government officials generally were cooperative and responsive to their views.

Government Human Rights Bodies: The Office of the Ombudsman investigates citizens’ complaints concerning the administrative decisions of government agencies. Where there is evidence of a breach of duty, misconduct, or criminal offense, the ombudsman may refer the matter to the appropriate authority. The ombudsman has a quasi-autonomous status within the government and publishes a comprehensive annual report. Both the public and the government had confidence in the integrity and reliability of the Office of the Ombudsman and the ombudsman’s annual report.

Women

Rape and Domestic Violence: Rape of men or women, including spousal rape, is illegal and punishable by up to life imprisonment, but the courts often imposed considerably shorter sentences. Police channeled resources to the Victim and Witness Support Unit in an effort to encourage reporting.

The law provides for protection orders separating perpetrators of domestic violence, including abusive spouses and common-law partners, from their victims. Courts may also fine or imprison abusive spouses, but it was rarely done.

The NGO Coalition against Domestic Violence charged that police often hesitated to enforce domestic violence laws and asserted that rape and sexual abuse against women and children remained a serious and pervasive problem.

Sexual Harassment: No laws specifically prohibit sexual harassment. Related statutes could be used to prosecute perpetrators of sexual harassment, and some trade unions incorporated antiharassment provisions in their contracts.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Women generally enjoyed the same legal status and rights as men. No laws or regulations require equal pay for equal work.

Children

Birth Registration: Every person born in the country is a citizen at birth, unless the parents are foreign envoys accredited to the country. Children born outside the country can become citizens at birth if on that date one or both of the parents is, or was, a citizen. The law requires registration of every child born alive within 42 days of birth.

Child Abuse: Child abuse cases continued to increase. During the fiscal year 2017, the Children’s Authority received and investigated more than 4,200 reports of child abuse and maltreatment. More than half (55 percent) of all cases involved female children. Neglect and sexual abuse accounted for 24 percent and 26 percent of the cases, respectively. The law prohibits both corporal punishment of children and sentencing a child to prison. According to NGOs, however, abuse of children in their own homes or in institutional settings remained a serious problem.

Early and Forced Marriage: Child marriage is illegal. The law defines a child as younger than age 18. In June 2017 parliament passed legislation changing the legal marriage age to 18. The president formally proclaimed the enactment of the Marriage Act in September 2017.

Sexual Exploitation of Children: The age of sexual consent is 18, and the age of consent for sexual touching is 16. Sexual penetration of a child is punishable by a maximum sentence of life in prison. The law creates specific offenses such as sexual grooming of a child (gaining the trust of a child, or of a person who takes care of the child, for the purpose of sexual activity with the child) and child pornography. The law prescribes penalties of 10 years’ to life imprisonment for subjecting a child to prostitution.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.

Anti-Semitism

There were fewer than 100 Jewish persons in the country. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

Disability rights advocates were not aware of any efforts by the government to implement the Convention on the Rights of Persons with Disabilities, which it ratified in 2015. Prior to the ratification, the law prohibited discrimination based on disability but did not mandate equal access for persons with disabilities.

Persons with disabilities faced discrimination and denial of opportunities. Such discrimination could be traced to architectural barriers, employers’ reluctance to make necessary accommodations that would enable otherwise qualified job candidates to work, an absence of support services to assist students with disabilities to study, and social stigma accompanied by lowered expectations of the abilities of persons with disabilities, condescending attitudes, and disrespect.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

On September 20, the High Court issued a final ruling on the country’s Sexual Offenses Act, removing an “antibuggery” law and effectively decriminalizing same-sex sexual conduct between consenting adults. High Court Judge Devindra Rampersad first ruled in April that the law was unconstitutional and expressed his intent to amend the law, which criminalized same-sex sexual conduct between consenting adults. Although the legislation was not struck out completely, the ruling provides that consenting adults will not be liable to criminal charges if engaging in consensual sexual acts. Immigration laws also bar the entry of “homosexuals” into the country, but the legislation was not enforced during the year.

The law identifying classes of persons protected from discrimination does not prohibit discrimination based on sexual orientation or gender identity. The 2012 Children Act decriminalizes sexual exploration between minors who are close in age but specifically retains language criminalizing the same activity among same-sex minors. Other laws exclude same-sex partners from their protections.

HIV and AIDS Social Stigma

Stigmatization of those with HIV persisted, especially among high-risk groups, including men who have sex with men. There were reports of discrimination against this group but no clear evidence of violence. The government’s HIV and AIDS Unit coordinates the national response to HIV/AIDS, and the government employed HIV/AIDS coordinators in all ministries as part of its multisector response.