Human Rights and Development REPORT OF A SEMINAR ON HUMAN RIGHTS AND THEIR PROMOTION IN THE CARIBBEAN BARBADOS, W .l., SEPTEMBER 1977 ORGANISED BY THE INTERNATIONAL COMMISSION OF JURISTS AND THE ORGANISATION OF COMMONWEALTH CARIBBEAN BAR ASSOCIATIONS Human Rights and Development Human Rights and Development REPORT OF A SEMINAR ON HUMAN RIGHTS AND THEIR PROMOTION IN THE CARIBBEAN BARBADOS, W.I..SEPTEMBER 1977 ORGANISED BY THE INTERNATIONAL COMMISSION OF JURISTS AND THE ORGANISATION OF COMMONWEALTH CARIBBEAN BAR ASSOCIATIONS THE CEDAR PRESS Bridgetown, Barbados, W .l. 0 1978 by THE INTERNATIONAL COMMISSION OF JURISTS CONDITIONS OF SALE This book is sold subject to the condition that it shall not, by way o f trade or otherwise, be lent, re-sold, hired out, or otherwise circu­ lated without the publisher's prior consent in any form or binding or cover other than that in which it is published and without a similar condition including this condition being imposed on the subsequent purchaser. Typeset at The CEDAR Press Printed by Caribbean Graphic Productions Ltd. CONTENTS Introduction Niall MacDermot, Organising Secretary vii List of Participants Alphabetical ix By Country and OrganisationXV OPENING PLENARY SESSION Address of Welcome Sen. O’B. Trot man 1 On behalf of the Prime Minister of Barbados Human Rights and Their Promotion William Demos 4 Human Rights and Development Neville Linton 19 Human Rights and Economic Development Douglas Williams 26 Scope and Limitations of State Machinery Telford Georges 40 Political Implications of Inter-State Machinery Lloyd Bamett 52 Summary of Discussion 60 COMMITTEE I-ECONOMIC, SOCIAL, AND CULTURAL RIGHTS Economic and Social Rights in the Caribbean Wendell McClean 64 National Unity, Cultural Identity and Human Rights in the Caribbean R. Dobru Raveles 70 Human Rights and Ecumenical Action in the Caribbean Jimmy Tucker 72 Summary of Discussion 78 COMMITTEE II-CIVIL AND POLITICAL RIGHTS The Contribution of Developing Countries and of Colonial Countries and Peoples to the Full Realisation of Civil and Political Rights Miguel J. Alfonso 86 Caribbean Constitutional Provisions on Human Rights AlberN. J. Matthew 100 Extracts from Constitution of the Republic of Suriname 115 Relationship Between UN and Regional Human Rights Organisations Siegfried E. Werners 119 Summary of Discussion 127 CLOSING PLENARY SESSION Summary of Discussion 133 Final Conclusions and Recommendations 135 APPENDICES I Charter of the United Nations—Preamble and Articles 1,55 and 56 141 II Universal Declaration of Human Rights 142 III International Convention on the Elimination of All Forms of Racial Discrimination 145 IV International Covenant on Economic, Social and Cultural Rights 153 V International Covenant on Civil and Political Rights 159 VI Optional Protocol to the International Covenant on Civil and Political Rights 170 VII UNESCO and Human Rights: The Implementation of Rights Relating to Education, Science, Culture and Communication Stephen Marks 172 VIII Table of Caribbean Ratifications of International Instruments on Human Rights 190 vi INTRODUCTION The Universal Declaration of Human Rights is a majestic statement of princi­ ples, which has justified its title by gaining acceptance in almost every country of the world. It is this which makes it an instrument of supreme importance. It expresses, as no document has done before, common aspirations of all mankind. It is perhaps inevitable, given the great diversity of cultures and religions, so­ cial and economic systems and level of development of the various countries of the world, that there are considerable differences in the realisation and applica­ tion of these universally accepted principles. This makes it difficult to discuss in a universal context how best in practical terms to further the achievement of these rights. For this reason the International Commission of Jurists, a lawyers’ organisa­ tion which has worked for over 25 years for the promotion of human rights under the Rule of Law, has recently decided to seek to organise a series of re­ gional or sub-regional seminars. Their object is to study how best to promote human rights in the context of the current structures and problems of neighbour­ ing countries having perhaps a similar background and history and common features in their societies. First of these was an East and Central African seminar held in Dar-es-Salaam in 1976 on ‘Human Rights, their Promotion and the Rule of Law in a One-Party State’. The participants came from Sudan, Tanzania and Zambia, all proclaimed one-party states, as well as from Botswana, Lesotho and Swaziland. The report of that seminar, which aroused considerable interest, has already been published by Search Press, London, under the title ‘Human Rights in a One-Party State’. The second seminar, organised together with the Organisation of Common­ wealth Caribbean Bar Associations, was held in Barbados in September 1977. There were 72 participants from 16 Caribbean countries, including government ministers or senior officials from 11 of those countries. It was made clear throughout that the governmental participants attended in a purely personal capacity. None of the governments concerned are in any way bound by the con­ clusions of the seminar or by any views expressed during it. As will be seen from the list of participants, the seminar was not confined to lawyers, but included participants from the churches, trade unions, universities and human rights organisations within the region. They also attended in a per­ sonal capacity and not as delegates of any organisations to which they belonged. An organising committee was formed by the two sponsoring organisations, with members drawn from other bodies in the region concerned with human rights. This Committee decided to invite a small number of international experts who could help to inform the participants of existing international human rights vii instruments and machinery. Otherwise, all the participants came from within the region. The letter of invitation to participants stated: ‘The purpose of the seminar is to explore ways of helping to promote human rights within the Caribbean, particularly at the international regional level. Equal prominence will be given to economic, social and cultural rights as to civil and political rights’. This latter point was reflected in the choicedf persons invited and in the programme of the seminar. After the opening plenary sessions the seminar divided into two Committees, dealing respectively with economic, social and cultural rights and with civil and political rights. The seminar was opened by a speech of welcome written by the Prime Min­ ister of Barbados. As he was unfortunately prevented by urgent government business from attending the opening, his speech was kindly read on his behalf by Senator O’B. Trotman, Minister in the Prime Minister’s Office. There then followed a key-note speech by Mr. William Demas, President of the Caribbean Development Bank and former Secretary-General of CARICOM. He raised most of the central issues in a most stimulating and at times provoca­ tive way. This together with the other opening speeches laid the basis for well- informed and fruitful discussions. The participants were concerned to identify those rights which were of partic­ ular importance to the region at the present time, as well as discussing in what ways human rights could best be promoted within the region. A number of spe­ cific conclusions and recommendations were finally agreed by consensus by the seminar. Perhaps the most important decision taken was to create a Continuation Committee to seek to bring about the establishment of a regional coordinating organisation on human rights, and meanwhile to see how acceptance and imple­ mentation of the other recommendations of the seminar could be brought about. With all respect to the Attorney-General of Guyana, Dr. Shahabuddeen, whose reservation on this point will be found at the end of the report of the closing session, it seemed to me as it did to the seminar as a whole that the creation of such a committee was fairly within the declared purpose of the seminar. In any event, as the organising secretary of the seminar I found it very encouraging that the seminar gave promise of a continuing action for promoting human rights within the region. Niall MacDermot Secretary-General International Commission o f Jurists Geneva LIST OF PARTICIPANTS (a) Alphabetical Name and Address Particulars 1. O. W. ABEND ANON Justice of the Supreme Court. Rode Kruislaan 14, P. O. Box 678, Paramaribo, Surinam. 2. Miguel ALFONSO Member, National Union of Cuban Union Nacional de Juristas de Cuba, Jurists; University Lecturer; Head, Calle 21 No. 552, esq. a D, Dept. Social, Humanitarian & Vedacho, Havana, Cuba. Cultural Affairs, Ministry of Foreign Affairs. 3. Brian ALLEYNE Secretary, Bar Association of Roseau, Dominica, W.I. Dominica. 4. Vernon APPLEWHITE Lecturer, Faculty of Law, c/o Faculty of Law, University of the West Indies. University of the West Indies, Cave Hill, Barbados, W.I. 5. Lloyd George BARNETT Chairman, Jamaica Council for 32Vi Duke Street, Human Rights. Kingston, Jamaica, W.I. 6. Michael de la BASTIDE Senator; Member of Civil Rights 36 Abercromby Street, Committee. Port of Spain, Trinidad, W.I. 7. Michael BAZIE Project Analyst, CADEC. 29 Alfred St., Woodbrook, Port of Spain, Trinidad, W.I. 8. Desiree BERNARD President, Organisation of Common­ 6 Croal St., Stabroek, wealth Caribbean Bar Associations. Georgetown, Guyana. 9. Maurice BISHOP Barrister; M.P.; Leader of the P.O. Box 167, St.George’s, Opposition. Grenada, W.I. 10. Merlin BOYCE LL.B. c/o Mrs. D. Boyce, Mile and a Quarter, St. Peter, Barbados, W.I. 11. L. J. BUpHU LALL University Lecturer. Coppenamestraat 4, Paramaribo, Surinam. 12. Bruce BUSHEY Human Rights Program Officer, 320 East 43rd St., Ford Foundation. New York. N.Y. 10017, U.S.A. IX Name and Address Particulars 13. William J. BUTLER Chairman, Executive Committee of Butler, Jablow & Geller, International Commission of Jurists.