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Annual Report 2018

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Annual Report 2018 CHAPTER IV HUMAN RIGHTS DEVELOPMENTS IN THE REGION 1. This Chapter is dedicated to monitoring the human rights situation in the hemisphere, pursuant to Article 59 of the Commission’s Rules of Procedure.1 In keeping with Article 59(2)(e)(i), in section “A” the IACHR presents a descriptive overview of the human rights situation, highlighting the main trends, problems, challenges, gains, and good practices in respect of both civil and political rights and economic, social, and cultural rights, on this occasion, by country. And in section “B,” in keeping with Article 59(2)(e)(ii), it includes special reports on the member states selected in keeping with the criteria established in that article, with detailed analyses of the human rights problems identified in those countries in light of inter-American standards, in which a series of recommendations are made for your attention. 2. With respect to Cuba, Nicaragua, and Venezuela, the IACHR decided to include them in Chapter IV B of its 2018 Annual Report, thus those countries will be analyzed in that section. A. Overview of the Human Rights Situation by Country Introduction • Methodology 3. On August 3, 2018, the Commission approved making Chapter IV.A of its 2018 Annual Report an overview of the human rights situation in the 35 States of the region, with a special emphasis on the rights and issues prioritized by the IACHR, as well as on the following cross-cutting themes established by the Commission in its Strategic Plan 2017-2021: Democratic institutionality, institutionality of human rights, access to justice and citizen security, and the right to the environment. 4. To prepare this section, the IACHR took into account the information received on the human rights situation in the 35 countries in the region during 2018, in the exercise of its monitoring function. The IACHR validated the information received during country and work visits and ex officio investigations, as well as with inputs from the different mechanisms through which the IACHR has followed up on the situation in a country (such as public hearings, requests for information under Article 41 of the American Convention, thematic visits, and precautionary measures), as well as journalism news items, and decisions and recommendations from specialized international bodies, among other methods. 5. Also, pursuant to its authorities established in Article 41 of the American Convention and Article 18 of the American Declaration on the Rights and Duties of Man, in October 2018, the Commission asked for information from the 35 member States on the rights, issues, and crosscutting themes prioritized in the Strategic Plan, as described above. 6. The IACHR received responses from the following 11 member States: Argentina, Bolivia, Brazil, Chile, Costa Rica, Ecuador, El Salvador, Honduras, Mexico, Peru and Uruguay. The IACHR appreciates and values the information sent, which was included in this chapter as pertinent.2 1 Artículo 59 inciso e. del Reglamento de la CIDH, específicamente en relación con el Capítulo IV del volumen 1, sección “A”. 2 Government of Argentina, Diplomatic Note No. OEA 307 of November 20, 2018; Plurinational State of Bolivia, Diplomatic Note No. MPB-OEA-NV257-18 of December 12, 2018; Government of Brazil, Diplomatic note received by the IACHR on December 18, 2018; Government of Chile, Diplomatic Note No. DIDEHU/15.11.2018 of November 16, 2018; Government of Costa Rica, Diplomatic Note n. CROEA-LBS-0188-18 of November 30, 2018; Government of Ecuador, Diplomatic Note No. 4-2-309/2018 of November 16, 2018; Government of El Salvador, Diplomatic Note No. OEA-119/2018 of December 17, 2018; Government of Honduras; Diplomatic note No. SEDH-0681-2018 of November 22, 2018; Government of Mexico, through Note No. OEA-03047 of November 26, 2018 and OEA3165 of 7. Likewise, on October 30, 2018, the Commission made a public announcement that it would be receiving inputs from civil society organizations and from other bodies and stakeholders. The IACHR appreciates the information provided by 34 institutions and organizations, which was included in this section as pertinent.3 8. Following is a descriptive overview of the human rights situation by country, which ends with some general conclusions concerning the more pressing challenges identified in the region. ANTIGUA AND BARBUDA • General considerations 9. In terms of progress this year, democratic general elections were held. The Inter-American Convention against Racism, Racial Discrimination and Related Intolerance was ratified. Workshops were also held for Government officials, focused on the implementation of the Convention on the Rights of Persons with Disabilities in the framework of the implementation of the sustainable development plan 2017-2021 (The Multi-Country Sustainable Development Framework)4. It is highlighted that in May, in its session on the adoption of measures to improve the rights of the Rastafarian community in Antigua and Barbuda, before the Permanent Council of the OAS, the government made a public apology to that Rastafarian group for the discrimination they suffered during years5. 10. Among the main challenges observed the high criminality rate, the existence of trafficking in persons, and the bill that would deprive the indigenous communities of Barbuda of their ancestral lands. 11. The State did not respond to the request for information submitted for the preparation of this chapter. • Specific topics 12. In terms of democratic institutions, general elections were held in March, in which Prime Minister Gaston Browne was reelected. He has remained in that position since 2014. With these elections, the Senate and the House of Representatives were renewed. The process was observed by a Caribbean Community Observation Mission (CARICOM). After completing the process, CARICOM issued a report in which it affirmed December 7, 2018, Government of Peru, Note No. 7-5-M/215 of December 4, 2018; Government of Uruguay, Note No. 171/2018 of December 5, 2018. 3 Ministry of Public Defense, Judiciary of the City of Buenos Aires; Fundación para el Desarrollo de Políticas Sustentables – Abogados y abogadas del Noroeste Argentino en Derechos Humanos y Estudios Sociales; Clínica de Direitos Humanos e Dereito Ambiental; Ipas Health Access Rights; Tribunal Internacional dos Despejos; Movimiento de Integración y Liberación Homosexual; Observatorio de Violencia Institucional en Chile; Red Latinoamericana y Caribeña de Derechos Humanos y Salud Mental; Colombia Diversa; Londres 38; Alvarez Martinez Law Firm LLC; Centro de investigación y Promoción para América Central de Derechos Humanos; Defensoría del pueblo de Ecuador; ProDiana A.C.; Centro de Promoción y Defensa de los Derechos Sexuales y Reproductivos; Centro de Derechos Humanos Fray Matías de Córdova; Transformarte; Observatorio de Derechos Humanos; Universidad de Los Andes; Defiende Venezuela; Instituto Prensa y Sociedad de Venezuela; Observatorio de Libertad de Expresión; SURES Estudios y Defensa en Derechos Humanos; Red Eclesial PanAmazonica; Instituto de Derechos Humanos Universidad Centroamericana de El Salvador; International Bar Association's Human Rights Institute; Unión Sindical Colombiana del Trabajo; Asociación para el Desarrollo Integral de la Mujer, la Niñez y la Familia Manos Unidas; Red Educación Inclusiva; Humanidad Vigente; Aula Abierta Latinoamérica; Grupo de Iniciativa Nacional por los derechos del Niño; Red Muqui; Corporación Caribe Afirmativo; Derecho Ambiente y Recursos Naturales de Perú; Fundación para el Desarrollo de Políticas Sustentables y Abogados y Abogadas del Norestes Argentino en Derechos Humanos y Estudios Sociales. 4 PNUD Barbados, Sub-regional Implementation Plan Report, 2017, pág. 24, párr. 2. 5NODAL, El gobierno de Antigua y Barbuda pedirá perdón a la comunidad rastafari ante la OEA, 14 de mayo de 2018; OEA, Convocatoria Sesión Ordinaria Consejo Permanente, 14 de mayo de 2018 y Transmisión Sesión Consejo Permanente, 14 de mayo de 2018. 256 that although they detected some problems in the electoral process, the result of the elections reflects the will of the people of Antigua and Barbuda6. 13. With regard to human rights institutions, the Commission highlights that Antigua and Barbuda has an Ombudsperson office to defend the rights of its citizens. Also, the Commission observed that on June 1, 2018, the State ratified the Inter-American Convention against Racism, Racial Discrimination and Related Intolerance7. 14. On the other hand, it stands out that in response to a request made by the United Nations, on a moratorium on the use of the death penalty; Antigua and Barbuda went from a position of opposition to abstention8. 15. In relation to citizen security, according to figures from the United Nations, Antigua and Barbuda has a high crime rate. According to the 2016 Caribbean Human Development Report, since 1990 homicide rates have shown a tendency to increase, with a percentage of 11% out of 100,0009. 16. The IACHR became aware of the bill sent before the Antigua and Barbuda’s Senate that would deprive the Barbudans of communal lands where indigenous communities have lived for generations. According to information of public knowledge, investors would seek to corner communally owned lands to transform them into private property and for extractive companies, industry or tourism. This appropriation of indigenous lands would be carried out without due process and without adequate compensation10. 17. In terms of violence against women and / or gender, currently the Domestic Violence Act of 1999 only protects the rights of surviving victims of domestic or intra-family violence, and not other types of suppositions. The IACHR is aware that the regulatory framework for public policies on gender equity at the national level is being reviewed with the objective of modifying said law11, the Commission encourages the State to carry out this review in accordance with the inter-American standards. Also, in relation to the elimination of all forms of discrimination against women, Antigua and Barbuda has “strengthened its national statistical body through training and use, as well as the use of gender indicators of the Caribbean Community (CARICOM)”.
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