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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations. Barbados – 15th Session – 2012 Scroll to: National Report (Read about the first cycle review) 30. Barbados has signed but not ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons especially Women and Children. However, notwithstanding this, it has taken a number of steps to implement the provisions of the Protocol. In February 2011, Barbados passed the Transnational Organised Crime (Prevention and Control) Act which inter alia criminalises and penalises the offence of trafficking in persons. In addition, in February 2012, the Cabinet of Barbados agreed to establish a National Task Force for the Prevention of Trafficking in Persons. The Task Force, which is chaired by the Attorney General, comprises representatives from the Bureau of Gender Affairs (which is the agency with oversight for trafficking in persons), the Immigration Department, the Royal Barbados Police Force, the Ministry of Labour and Social Security, the Ministry of Family, Culture, Sports and Youth, the Office of the Director of Public Prosecutions, the Ministry of Defence and Security, the Ministry of Social Care, Constituency Empowerment and Community Development, the Ministry of Foreign Affairs and Foreign Trade, the Barbados Business and Professional Women’s Club and the Barbados Red Cross Society. The task Force is charged inter alia with: (a) Developing a National Plan for the Prevention of Trafficking in Persons which will outline Barbados’ overall response to combat trafficking in persons, including the procedures to be followed in suspected trafficking cases; (b) Coordinating the implementation of the Plan; (c) Coordinating information-sharing among Government agencies; (d) Establishing policies to enable the Government to work with non-governmental organisations and other elements of civil society; (e) Identifying and engaging in efforts to facilitate cooperation with foreign countries and international organisations; (f) Coordinating and providing training for law enforcement, immigration and relevant officials in addressing trafficking in persons; (g) Preparing public awareness programme designed to educate potential victims of trafficking and their families on the risk of victimisation; and (h) Discouraging the demand that fosters the exploitation of persons, especially women and children. 37. The Unit also supports activities promoting social well-being and cultural development. In 2012, it assisted in sending a group of children from The Ann Hill School to participate in the Sports Day for persons with disabilities held in Trinidad. This provided not only sporting but cultural exposure for these students, for many of whom this was their first experience travelling overseas. 38. In addition to the Unit’s efforts in providing skills to Persons with Disabilities, the Unit also supports economic activities provided by NGOs. It provided a financial grant to assist First BASE (Barbados Association for Supported Employment), a NGO project whose objective is “to provide sheltered employment for the more dependent school leavers of the Learning Centre” (a school for children with learning disabilities) by establishing micro business opportunities. 41. Mental decolonisation demands that a nation conducts its own research and develop the resources to produce its own knowledge. The CPAA has, over the last two years, documented original important audio/visual and printed work to support its programme of mental decolonisation at its small but highly specialised and growing Pan-Afrikan Education and Media Resource Centre. Perhaps the most coveted of these are its interviews with school Principals; its lecture series on the emancipatory force of cricket; and its full length interviews on fifteen (15) internationally renowned Barbadian Pan-Africanists who were awarded by the CPAA. In addition, the CPAA was able to produce briefs on racism and New Partnership for Africa’s Development (NEPAD) to informBarbados’ contribution to the General Assembly sessions of the United Nations. The work of the CPAA is therefore important to national development in the broadest sense. 42. In keeping with this objective, in May 2011, the CPAA launched its Mabalozi Programme in an effort to streamline its various education programmes. This project seeks to designate at least one teacher in every school to be an ambassador who will encourage Africentric and Barbadian content and approaches. Under this programme teachers learn the many subtle ways that black children are made to feel inferior and are taught to positively reinforce their own identity and that of their students while speaking to them positively and treating them lovingly to build self-esteem, individual confidence and, eventually, collective national confidence. In discussion with the CPAA, several Principals identified self-esteem as a serious challenge and have therefore enthusiastically embraced this project. 46. In an effort to reduce the impact of stigma and discrimination, a number of activities have been developed to empower People Living with HIV and AIDS (PLHIV), inform society and effect attitudinal and behaviour change in this regard. These include: (a) orientation workshops to encourage and support the development of workplace policies on HIV; (b) the introduction of the Policy and Code of Practice on HIV and AIDS and other life threatening illness for the Public Sector; (c) the national efforts to effect change in social norms related to stigma and discrimination. These include public debates, meetings and seminars on HIV as part of a major Anti-Stigma and Discrimination campaign under the theme “Ultimate Love” that speaks to empowerment, human rights, gender and ethical as well as socio-economic issues relevant to HIV; (d) the piloting of anti-Stigma & Discrimination legislation, now at the stage of drafting instructions and at the instruction of the Cabinet, review of the 16-18 disconnect between the age of consent and the age of majority; (e) the establishment of the HIV Food Bank and Personal Development Centre at the Vashti Inniss Empowerment Centre located at Ladymeade, which is aimed at putting a number of support services at one location to improve access and to enhance the supportive environment; (f) new emphasis on developing prevention interventions targeting single, unemployed dependent women, Persons with Disabilities, Migrant Workers and Vulnerable Children; (g) the recent establishment of a Civil Society Organisation financial support Grant Scheme; (h) the creation of a platform for appropriate advocacy and community mobilisation through social and behaviour change communication; (i) the formulation of a supportive research agenda; and (j) greater emphasis on Monitoring and Evaluation. 50. In February 2011, the Parliament of Barbados passed the Transnational Organised Crime (Prevention and Control) Act. The Act establishes the trafficking in persons as a criminal offence in accordance with Article 5 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. The Act also prescribes the penalties for persons convicted of the offence of trafficking in persons and establishes a Criminal Assets Recovery Fund. 54. With respect to improvements to the legislative framework surrounding the youth, Barbados continues to adhere to the provisions of the Convention on Rights of the Child. It should be noted that the Monitoring of the Rights of the Child Committee continues to look at this issue while the principal agency responsible for child protection in Barbados, the Child Care Board, is in the process of compiling in association with UNICEF its second status report on Barbados’ progress towards the adoption of the Convention on Rights of the Child. The Government of Barbados has also established the National Advisory Council on Family Matters which dealt with several issues directly related to child protection and maintenance to name a few while the Family Law Council currently is reviewing legislation with respect to children and child rights with a view to harmonising relevant policies at the national level. 73. The Government remains firmly committed to pursuing a policy of zero tolerance to all forms of violence against women. To this end, interventions at the legislative, programmatic and educational level have been instituted. 74. In relation to the legislation, a reform committee was established by the Bureau of Gender Affairs to review the existing Domestic Violence Protection Orders Act in order to address the gaps in the legislation and ensure that all victims are protected. The Committee has completed its deliberations and has made a number of recommendations. These include the need for a preamble to the legislation to speak to its purpose and for the principles of respect for human rights, non-discrimination, equity, the best interest of the child, a gender sensitive and victim-centred approaches to be all embedded in the legislation. It was also recommended that the amended Act should provide a comprehensive definition of domestic violence to include not only physical abuse but also sexual, psychological and financial abuse. Moreover, it was recommended that category of persons who could find relief under the Act should be expanded to include persons who are dependent because of physical or mental impairment and other intimate relationships regardless of sexual orientation. These recommendations have been incorporated into a Cabinet paper for Cabinet’s consideration. 76. A programme “Partnership for Peace”, which was designed by UN Women, targeting perpetrators of Domestic violence and aimed at their rehabilitation has been introduced under the auspices of the Ministry of the Family. The Government is also seeking to reform the perpetrators by implementing a perpetrators programme. The sixteen week psycho-educational programme is designed to encourage and support men in pursuing a violence-free lifestyle. The programme is also guided by the basic principles of perpetrator accountability and victim safety. Government and the NGO community have also come together to implement a white ribbon campaign so as to encourage both men and boys to speak out against violence and also to signify that they themselves would not engage in acts of violence against women. 77. The Bureau also continues its public education to reduce domestic violence and other forms of gender based violence through public forums aimed at men, work with community and faith based groups and in highlighting the sixteen days of activism against gender based violence. 80. As a party to the UN Convention on the Rights of the Child,Barbadosis committed to inscribing the principle that the best interest of the child should be the primary consideration in the formulation of policies and programmes relating to children. 81. The Government is streamlining its legislation to ensure that this principle is reflected in all legislation that pertains to children. To this end, the Ministry of the Family has hired a legal consultant to look at the Family Law Act and the legislation relating to children to bring these in line with internationally accepted protocols and standards. 82. The Government has also established a Child Maintenance Fund to provide maintenance support to children who are only supported financially by one parent. The Fund, which can be accessed three months after the Order to pay has been faulted, will provide a weekly stipend to each child for up to four months, after which the circumstances of the child and parent will be reviewed. Where required the applicant can have access to the Fund for a further four months. It is intended that the Fund will be revolving as the defaulting parent will be required to reimburse the fund for any payments made. 84. With regard to the issue of corporal punishment, the Government of Barbados, with the kind assistance of UNICEF, has implemented the Schools’ Positive Behaviour Management Programme (SPBMP), formerly called the Child Friendly Schools programme, which aims to facilitate the development and use of positive behaviour management strategies, thereby eliminating the need to resort to corporal punishment. This programme is well entrenched in all primary and secondary schools. 85. Barbados is cognisant of the call for the total abolition of corporal punishment. However, based on surveys conducted in the last decade, there continues to be strong support for the retention of corporal punishment particularly within the school and home settings. The Government will continue to work with UNICEF and other international and civil society organisations to encourage the use of alternative methods of discipline. Moreover, the Government recognises that while significant advances have been made in moving the agenda for alternative disciplinary approaches forward, there is still a mammoth task of changing the national mindset in relation to corporal punishment. 86. The Government is currently reviewing the Education Act & Regulations, Cap 41. The Code of Discipline currently used in schools will also be examined as it relates to human rights. This review will provide the necessary guidelines for the legislative framework that will govern these issues. 6. UNICEF indicated that, with regard to the accepted UPR recommendation requesting Barbados to “give consideration to all international obligations in the field of human rights provisions in revision of the Constitution; incorporation of international human rights obligation into domestic law”, Barbados was actively looking at further revising the Constitution and updating its legislation to conform with its treaty obligations and had already started to review all laws directly relating to family and children. 8. UNICEF noted that Barbados had made some significant progress in ensuring that national laws, policies and practices conform to the spirit and intent of the Convention on the Rights of the Child. Despite those legislative interventions, there was still scope for significant improvement in regard to the child protection mandate of the State. 12. UNICEF noted that while successive cabinets had appointed members to the National Monitoring Committee on the Rights of the Child, comprising both State and civil society representatives, the Committee lacked the necessary structure, support and accountability to effectively carry out its stated mandate, and the political will to effect the necessary changes appears low. 15. The High Commissioner observed that several of the challenges Barbados itself had identified in the preparation of its national report under the UPR in 2008 remained, including: “issues relating to discrimination, stigmatisation and marginalisation”; “the lack of adequate sanctions for sexual harassment”; and “the psychological and physical impact which domestic violence has on children”. 22. UNICEF referred to the State’s long-outstanding reports on the implementation of CRC, due since November 1997; the final report was awaiting the Cabinet’s approval for submission to the Committee on the Rights of the Child. 25. The High Commissioner offered assistance in addressing persisting problems that Barbados needed to tackle, including citizen security; sensitising civil society to discrimination against women, discrimination against the disabled, and discrimination based on sexual orientation or gender identity; developing programmes for human rights education and conducting campaigns to raise awareness of issues such as domestic violence and corporal punishment; and undertaking efforts to put an end to violence against women and sexual harassment. 26. The High Commissioner for Human Rights noted that discrimination needed to be tackled. She noted that international human rights law was clear: no one should be discriminated against because of the group they belong to, including on the grounds of race, gender or sexual orientation or identity. She added that, while that may be unpopular with some segments of the population, it was the responsibility of Governments to show firm leadership on issues relating to all forms of discrimination. 28. UNHCR noted that an individual could obtain citizenship by birth in the territory, through blood descent from a Barbados citizen, by registration or by naturalization. However, it was concerned at gender inequality, as Barbadian law did not permit Barbadian women to confer their nationality to their children born abroad, whereas Barbadian fathers were able to do so. UNHCR noted that discrimination against women in nationality-related legislation may lead to statelessness of children, if the father is stateless or cannot confer his nationality under the laws of his State. 32. The ILO Committee of Experts reiterated its observation that there appeared to be no legal provisions in Barbados that specifically prohibited the trafficking of children under the age of 18 years. The Committee also repeated its direct request to the Government, as it had not reported on measures taken or envisaged to secure the prohibition of the sale and trafficking of children under 18 years of age, in conformity with article 3 (a) of the Convention. 33. UNICEF noted with concern that the Government of Barbados had not accepted the UPR recommendations to eliminate all forms of corporal punishment from its legislation; however, it had agreed to establish public awareness initiatives to change people’s attitudes on corporal punishment. 34. With regard to UPR recommendation 11, relating to harmonising the method of data collection by relevant agencies involved in the fight against domestic violence, UNDP and UN-Women reported that there was a need to review domestic violence legislation (Protection Orders 1993). UNICEF made a similar observation. 35. The ILO Committee of Experts requested the Government to redouble its efforts to monitor and combat the worst forms of child labour in the informal sector. It encouraged the Government to take necessary measures to increase cooperation between the Royal Barbados Police Service and the Ministry of Labour so as to allow for improved monitoring of the worst forms of child labour. 36. The High Commissioner for Human Rights noted that, while in some areas laws and enforcement of laws needed strengthening, in other areas they may be unduly harsh. That was especially the case with regard to corporal punishment, and even more so with regard to the death penalty. 39. UNICEF noted that Barbados rejected the notion that it required appropriate legislative and administrative measures to combat domestic violence and physical abuse of children. With further regard to the UPR recommendation on “taking appropriate legislative and administrative measures to fight against domestic violence and physical abuse of children, and engage in an exchange of information with those countries that are developing best practices in these fields”, UNICEF noted that the reporting procedure was an area that needed attention. Barbados did not have mandatory reporting requirements, a situation that appeared to have compromised efforts to create a centralised system to handle all child abuse cases. In the absence of any written policies or protocols, consistent reporting of child abuse to the Child Care Board was left to chance. There were a few oral protocols with some agencies, but generally reporting was discretionary and occurred on an ad hoc basis. 48. The ILO Committee of Experts requested the Government to provide information on the measures taken, within the framework of the Roadmap 2016, to combat child labour, and on the results achieved. The Committee requested the Government to indicate whether the list of hazardous work prohibited for children under 18 years, which had been adopted by the Ministry of Labour, had been included in any Government legislation or regulation, and to indicate what penalties existed. The Committee requested the Government to provide information on the number of cases involving children and young persons under 18 investigated by labour officers, the Child Care Board and factory and shops officers. 51. UNICEF noted that the Government of Barbados had highlighted its educational programmes for the prevention of HIV/AIDS in its comprehensive National Policy on HIV/AIDS. In an environment where HIV among youth was of major concern and the need for intensified emphasis on HIV prevention was widely recognized, those shortcomings in the education sector which compromised the fostering of protective behaviours among adolescents must be addressed with some urgency. 52. A 2012 United Nations Statistics Division source indicated that the under-five mortality rate per 1,000 live births increased marginally between 2009 to 2011. 54. A 2012 United Nations Statistics Division source indicated that the net enrolment ratio in primary education increased from 93.4 per cent in 2007 to 95.1 in 2008. 55. UNICEF noted that Barbados had accepted the UPR recommendation to continue with the positive efforts made in the field of education. One area of prevailing weakness however, was the access to and quality of the special needs education provided. In 2011, UNICEF identified significant challenges within the teaching and learning environments with respect to the limited ability of teachers to teach reading as a skill and the lack of emotional, instructional and organizational support necessary for the development of students’ receptive and expressive language skills. The key recommendation was for training and staff development to be implemented, with a strong focus on the priority areas identified. 56. UNICEF noted the outcomes of a 2011 UNICEF-supported review of the quality of learning environments and the teaching methodologies at Government-operated schools providing special education in Barbados, which identified challenges relating to the limited number of qualified staff and the need for the upgrading of assistive technologies to enhance developmental and educational opportunities. Key recommendations pointed to the need for a policy to guide the implementation, delivery and quality of special education, a structured system for staff training, and development of technically specific skills. Another weak area in the educational system was the meaningful participation of students in school governance. 58. In a 2009 study, the Economic Commission for Latin America and the Caribbean noted that although the Constitution of Barbados contained anti-discrimination provisions, there were no laws in Barbados that specifically prohibited discrimination against persons with disabilities with respect to employment, education or the provision of State services. A White Paper on Persons with Disabilities providing a foundation for future legislation was approved by Parliament in 2002. 62. UNHCR recommended that Barbados implement a statelessness determination procedure to identify stateless persons within its territory and to amend its laws to ensure equality between Barbadian mothers and fathers with respect to their ability to confer their nationality to their children in all circumstances. Summary of stakeholders' information 3. AI also regretted that Barbados rejected recommendations intended to ensure thatBarbados adheres to its international human rights obligations towards children. In particular Barbadosrejected the recommendations to eliminate all forms of corporal punishment from its legislation and discourage its use in schools. 4. The Global Initiative to End All Corporal Punishment of Children (GIECPC) considered that the Government confirmed that it was “actively looking at further revising the Constitution and updating its legislation to conform to its treaty obligations” by accepting recommendations such as: to give consideration to all international obligations in the field of human rights provisions in revision of the Constitution; take and strengthen necessary legislative measures required to incorporate in its domestic law the provisions contained in international human rights instruments to which it is a party; adopt further measures to ensure the incorporation of its international human right obligations into national legislation and to consolidate the process of updating its national legislation in accordance with its international commitments. Prohibiting corporal punishment is a key obligation under the Convention on the Rights of the Child and other international human rights treaties, though it is an obligation frequently ignored or evaded by governments. In Barbados, there has been considerable public debate on the issue, but there has been no change in the legality of corporal punishment since the initial review: now, as in 2008, it is lawful for children to be physically punished in the home, schools, penal institutions, some care settings and as a sentence for crime. GIECPC recommend that Barbados enact legislation to prohibit corporal punishment of children in the home explicitly as a matter of priority. 14. GIECPC noted that corporal punishment of children is lawful in Barbados, despite recommendations to prohibit it by treaty bodies and the initial UPR in 2008, the latter explicitly rejected by the Government. GIECPC hoped that the Working Group will note with concern that corporal punishment remains legal inBarbadosand that the Government’s continues to defend it. GIECPC hoped that States will raise this issue during the review in 2013. 15. GIECPC noted although the Government accepted the recommendation regarding public-awareness initiatives to change people’s attitudes to corporal punishment it rejected the recommendations to prohibit corporal punishment, stating that the laws of Barbados protect children from abuse and that corporal punishment in schools and prisons must be administered in compliance with the Code of Discipline promulgated under the Education Act and the Prison Rules Act. It noted that the Government stated during the review that the Minister for Education’s public advocacy of a prohibition of corporal punishment in schools was not its official position, although “it may move in that direction in future”. GIECPC was concerned that corporal punishment is lawful in the home in accordance with Article 4 of the Prevention of Cruelty to Children Act (1904) and in schools under the Education Regulations pursuant to article 59 of the Education Act (1983) and is regulated by Ministerial Guidelines indicating that corporal punishment should be a “last resort.” These Guidelines also authorize principals to inflict corporal punishment and to delegate the authority to do so to the deputy principal and senior teachers. 19. GIECPC noted that in the penal system, corporal punishment is also lawful as a sentence for crime for males as according to article 71 of the Magistrate’s Courts Act provides for boys aged 8-15 to be “privately whipped” at a police station, up to 12 strokes in place of or in addition to any other punishment). Article 16(f)) of the Juvenile Offenders Act also includes “ordering the offender to be whipped” among the list of available sanctions for children and young people. The Act also provides under article 9 for a court to order a boy aged 12-15 to be “privately whipped” in lieu of or in addition to any other punishment. GIECPC also noted that corporal punishment is lawful as a disciplinary measure in penal institutions. The Reformatory and Industrial Schools Act (1926) authorizes corporal punishment as a disciplinary measure on boys, and allows a magistrate to order whipping as a punishment for attempted escape. The Prisons Act (1964) allows the use of force for purposes of maintaining discipline and provides for corporal punishment for specific disciplinary offences, up to 12 strokes for persons under 21 years of age. 20. GIECPC reported regarding alternative care settings, that corporal punishment is lawful in private foster care and article 4 of the Prevention of Cruelty to Children Act applies. Accepted and Rejected Recommendations - To follow
Friday 25th January 2013 - 9.00 a.m. - 12.30 p.m
Compilation of UN information
Summary of Stakeholder information
Accepted and Rejected Recommendations