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VOL 15 No. 1 of 2002
Family Law Reform in INSIDE
Interview with with Chief Justice
the Caribbean of the OCES Supreme Court
Sir Charles.M.D.Byron.................3
As he climbs into his Is Law Reform Really Needed?.....5
father’s arms – David (not
his real name) turns and Facts About the OECS law
waves goodbye to his Reform Project........................... 7
mother. He is off to
spend several hours with Are Journalists Violating
his father and his other Children’s Rights? .......................8
half siblings who live in
a different parish. David, News from the Area................9-11
like most Caribbean
children, does not live in
the traditional nuclear However, recognition of unions other
family. His parents were than marriage in OECS countries is still
never married and he
limited to the protection offered to
lives in a single parent
home headed by his women in common law unions under the
mother. domestic violence legislation.
“It is estimated that between 31-59% of Caribbean children from birth
T
he above scenario to 14, live in homes headed by women Ending Discrimination of
represents the reality of many to 14, live in homes headed by women
Caribbean families. Many children, Children born outside of
and even though some children may live
because of divorce or being born out in homes with two adults, they do not nec- Wedlock
of wedlock are raised primarily in a essarily live with both biological parents. A further reality of Caribbean society, is
female-headed single parent household. Sometimes even when children live with that many children are born outside
both biological parents, these parents are of wedlock and taking note of this,
This trend is not unique to the Caribbean
not married. In light of these realities, countries in the region have established
and the reality of Caribbean family
some Caribbean countries, in keeping laws to end discrimination against these
structures is only one of the reasons why
with international trends, have begun children. Several countries now have a
many countries have begun review and
recognising unions other than marriage. Status of Children Act, which gives
reform of legislation dealing with family
Barbados was the first of the non-OECS children born to unmarried couples, the
matters. Another reason is that countries
Caribbean countries to introduce the con- same rights as those born to married
have begun taking human rights seriously:
cept of a "union other than marriage" into couples.
More specifically, they are taking seriously
the rights of women and children. Finally, its family laws. This refers to a man and a
woman living together continuously for 5 Taking Human Rights
law revision and reform have taken place
in an attempt to help create amicable years, and those who fall under this cate- Seriously
relationships among parents after family gory have the same rights as married cou- Another major reason for review
breakdown. ples, as far as property, maintenance and and reform of legalisation, is that
custody of children are concerned. countries have begun to take the rights of
Recognising realities Trinidad & Tobago, and Guyana have also children and woman very seriously. All
It is estimated that between 31 and 59 made important advances in this countries have ratified the Convention
percent of Caribbean children from birth respect. on the Rights of the Child (CRC), the
0000 Continued p.4
Launch of Global Movement
for Children
in St. Kitts & Nevis
Children wearing GMC T-shirts were accompanied by teachers during
the rally.
Joseph Mason from the Special Education Unit gives a rendition of a spiritual song. In the back-
ground (l–r) Sharain Weaver, Washington Archibald High School; Dr. Denzil Douglas, Prime Minister
of St. Kitts & Nevis; Aboubacar Saibou, Representative, UNICEF/CAO (partly hidden); Hon. Rupert
E. Herbert, Minister of Social Development, Community & Gender Affairs; and Shantelle Liburd, The children of the Pilgrim Holiness Pre-school delighted the audience with
Youth Parlimentarian. a well choreographed dance.
Readers are invited to contribute their views and items of news of human interest. Please send correspondence to one of the following addresses.
UNICEF CARIBBEAN AREA OFFICE UNICEF GUYANA
P.O. Box 1232 72 Brickdam
Bridgetown, Georgetown
BARBADOS GUYANA
Tel: (246) 436-2119/2810/2811 Tel: 592-67083
Website: www.unicef-cao.bb Telex: 2201 UNDP
email:unicef@caribsurf.com
“Children in Focus” is a quarterly newsletter of the UNICEF Caribbean
Area office (UNICEF/CAO) covering Antigua & Barbuda, Barbados, British
Virgin Islands, Commonwealth of Dominica, Grenada, Guyana, Montserrat, St.
Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Suriname, Trinidad
and Tobago and Turks and Caicos Islands. It is intended as a channel for the
exchange of information between this office and the field on issues related to
child development and protection in the Caribbean. Opinions expressed in this
publication do not necessarily reflect the views of UNICEF. Articles may be
reproduced provided credit is given to “Children in Focus”.
Editorial Committee:
Aboubacar Saibou; Marashetty Seenapa; Sreelaskshmi Gururaja; Heather Stewart;
Lisa McClean-Trotman; Diedre Thain.
Printed by Cot Caribbean Graphics, Barbados
Editorial
Twelve years ago, the United Nations of children must also be revisited. Again,
General Assembly adopted the while some countries have moved to
Convention on the Rights of the Child reform legislation in this area, far too
(CRC), which has become the most many still have legislation that imposes
widely ratified human rights convention. monetary limits for maintenance. Where
Earlier, the Convention on the attachment of earnings and garnishment
Elimination of All forms of have been introduced for obtaining
Discrimination Against Women monies from defaulting fathers, greater
(CEDAW) was also adopted and later, the efficiency is required for this collection
Inter-American Convention on the system. In the cases of the sexual abuse
Prevention, Punishment and Eradication of children, a lack of clarity still exists in
of Violence Against Women, more some countries between the offence of
commonly known as the Convention of unlawful carnal knowledge of girls under
Belem do Para all sought to address the age of 14 years, and the offence of
prevailing concerns of some of societies indecent assault for those between
most vulnerable groups – women and Heather Stewart
14 and 16 years. The reason for the
children. distinction between these two offences
fact conform to human rights. It has is unclear. More recent legislation
The need for International Human wrought changes, not so much in the has moved towards simplifying the law
Rights instruments did not come about outcome of the majority of the cases, but by removing old categories and titles and
until the atrocities of the Second World there can be no doubt that the process of takes a gender-neutral approach to
War dawned on the international thought and language of the Courts more sexual offences. But this trend must be
community, and against marked reflect the rights of individuals brought accelerated! These are but a few of the
fluctuations in the long-term trend of before them. In the field of family law, outdated areas of legislation which the
human rights abuses. The rates of the United Kingdom is considered to be Children, Family & Domestic Violence
almost all types of interpersonal physical largely compliant with the relevant Law & Social Reform Project in the
violence have decreased since the late Articles, in particular the Children Act OECS seeks to remedy.
middle ages. 1989 which was drafted with an eye on
The source of Commonwealth Caribbean the CRC. In the words of the Rt. Hon. The CRC sets high standards for
law flowed from European countries, Dame Elizabeth Butler Sloss, DBE, the guaranteeing that children are not
namely, England, France, Spain and The Human Rights Act has, however disadvantaged in any aspect of their
Netherlands. As a result, contemporary "illuminated some dusty corners, and lives. Earlier, while emphasising the
regional legislation has been largely there are issues that are now emerging, rights of women, the CEDAW had,
modelled after English legislation and particularly in public family law, that generally, endorsed equal rights for all
decisions of the English Court are require reconsideration", especially with family members.. The Belem do Para
persuasive in regional courts. With the regard to the right to respect for privacy specifically addresses the issue of
advent of the aforementioned and family life. violence against women. Together,
Conventions, there has been a genuine these Conventions require participating
Some of these same issues are
effort worldwide to rethink, reorganise states to not only ensure that the black
particularly relevant to many of our
and reform legal rules which are intended letter law is established, but that
Caribbean countries. For instances,
to provide guidance for families and adequate social services, care facilities
Article 8 of the CRC makes no distinc-
society in respect of the treatment of and national procedures are made
tion between the "legitimate" and "illegit-
women and children. available to guarantee the efficient
imate" family. Such a distinction would
enforcement of these laws. Social
In October 2000, the Human Rights Act not be consonant with the word "every-
justice for all, must be a paramount
1998 came into force in England and one" in Article 8 itself, and this is con-
developmental goal for our societies in
Wales, having come into force earlier in firmed by Article 2 which prohibits dis-
this millennium and UNICEF is a ready
Scotland and Northern Ireland. This Act crimination of any form and on any
partner for all countries, in this process.
had the effect of allowing specific basis. Some Commonwealth Caribbean
Convention rights to be directly enforce- countries have enacted Status of
able by individuals in the English Court, Children legislation aimed at equalising
and impacted on English domestic law. the status of all children. But there Heather Stewart
Judges and advocates are duty-bound to are others yet to embrace this Project Officer, Child Rights
deliberate whether existing practices do in basic human right. Issues related to UNICEF/CAO
maintenance
2
Human Rights Conference
O
n September 11 2001, over 100 The conference also attracted some top cultural implications of Human Rights
overseas presenters and delegates international legal experts, among them Legislation; the Rights of the Family,
joined more than 150 representa- Dame Elizabeth Butler-Sloss a high-pro- Women & Children; Developing Human
tives from a cross-section of file British Judge and President of the Rights Curricula, the Media and Human
Caymanian society at a four-day meeting Family Division of the UK Royal Courts Rights; the Right to Life vs. the Death
to debate human rights issues affecting of Justice; Mr. Justice Banda, the Chief Penalty; Rights of persons in Custody &
the Caribbean region. Justice of Malawi and President of Rights to a fair trial; Applications before
the Commonwealth Magistrates and International Human Rights Tribunal;
Some of the Caribbean’s most senior Judges’ Association; and London Human Rights and Business; the role of
political and legal figures attending the University’s Mr. Richard Bourne, Chair the Judiciary and the Bar in maintaining
conference were: Chief Justice of the of the Trustees’ Committee of a vibrant Human Rights Environment
Jamaican Supreme Court, Lensley the Commonwealth Legal Education and Human Rights as Promoted by
Wolfe; Guyana’s Chancellor Desiree Association. Government Agencies.
Bernard, and Turks & Caicos Chief
Justice Richard Ground were among the The meeting agenda addressed the main The contrasts between countries formed
senior figures from the Caribbean human rights concerns of the territories the starting point for productive dialogue
region who attended the conference. and was designed to stimulate discussion as they learned from each other’s
UNICEF/CAO Project Officer for Child among the nations represented. The experiences.
Rights, Heather Stewart, was a panellist topics covered at the conference were
in the session on the rights of the family, as follows: Protection of Human Rights To learn more about the conference, visit
women and children. by International and Domestic law; the website www.humanrightstoday.ky.
00000
Students Benefit From Youth
information Support Centre
W
ith the assistance of UNICEF Caribbean Area
Office, a Youth Information & Support Centre
formed part of the 10th International
Conference on People Living with HIV/AIDS
held in Port of Spain, Trinidad & Tobago from 27 -
31 October 2001.
The objectives of the Centre included sensitising over
600 conference delegates and approximately 400
students and 30 teachers from 20 schools by provid-
ing information and messages on ‘non-discrimina-
tion’, ‘positive living’ ‘better nutrition’ ‘positive behav-
iours’, ‘pregnancy and HIV’. Attendees also viewed
10 basic slides on HIV, learned about counselling ser-
vices as well as the benefits and limitations of ‘anti-
retroviral drugs’. While Glaxo-Smith Kline displayed
sample drugs and supplied information on treatment,
three non-governmental organisations (The Rapport,
The TOCO Foundation, and the Society of Futurists)
provided support through drama and discussion UNICEF Exhibition in the Youth Information Support Centre.
groups. Visiting students were provided with internet
facilities and selected websites on HIV/AIDS. The communica- very beneficial to them and for some of them it would make
tion Division of the UNICEF CAO conducted a focus group with them more careful when engaging in sex. Executive Director
children who visited the display and they indicated that the infor- of UNAIDS, Peter Piot, visited the centre and addressed the
mation was very beneficial students.
11
News From The Area
September 27, in front of the Participants included school principals,
Government’s Headquarters. The launch students, teachers, and guidance TRINIDAD
was organised by the Ministry of Social counselors.
Development, Community & Gender & TOBAGO
Affairs in collaboration with UNICEF and
was one of several activities held to cele- Sensitising
brate Child Rights Week. Invitees includ- S T. L U C I A Media on
ed members of the Diplomatic Corp, Children’s
Ministers of Government and Permanent The early Childhood Education
Services Unit was the force Issues
Secretaries, affiliates of non-govern-
mental organisa sector, the religious behind two children’s ral-
Caribbean
community and the media. lies in the Southern part
Association
of the island - one in
for Feminist
The programme featured perform- the town of Vieux
Research and
mances by children from primary, Fort, and the other in
Action (CAFRA) of Trinidad & Tobago
secondary and pre-schools and the Soufriere. The theme
held a 5-day media workshop from 29
special education unit. There was also a used to celebrate
October to 2 November as part of its
member of the Youth Parliament who St. Lucia’s children on the
Project Gender and the Rights of the Child
spoke on the theme ‘Change the world November 20th rallies, was “Shaping the
Media Sensitisation. The objective was to
with Children’. Brief remarks were made Future with Early Childhood Education”.
train media workers in the use of the
by the Minister for Social Develop-
Also taking place on November 20th, was Convention on the Rights of the Child and
ment, Community & Gender Affairs,
a special children’s programme entitled in gender sensitivity.
the Honourable Rupert Herbert;
“Out of the Mouths of Babes”, which
and UNICEF Caribbean Area
was aired during a live weekly call-in radio Events to Mark Universal
Representative, Mr. Aboubacar Saibou.
show. The panel comprised a
The Prime Minister, Dr. Denzil Douglas,
pre-schooler, a primary school child, a
Children’s Day
delivered the keynote address.
secondary school student, and a student The National Family Services Division
The official launch was followed by a rally from a vocational/primary school. The of the Ministry of Community
with the school children, who wore GMC children discussed their perspectives of the Empowerment, Sport & Consumer
T-shirts and ribbons stating the 10 points world in which they live. Affairs in collaboration with relevant
of the GMC. divisions of the various ministries
and non-governmental organisations,
Seminar for Students and SURINAME staged a number of events to mark
Educators Universal Children’s Day on 20
As part of the activities to celebrate Child A Child Rights November.
Rights Week, the Ministry of Social Committee Workshops, media events, a news
Development, Community & Gender was recently paper supplement on the Convention
Affairs, in collaboration with UNICEF, established on the Rights of the Child (CRC), a
organised a seminar on the topic: within the training programme for adolescent
Tackling Sexual Abuse and Sexual Faculty of Law of mothers, and a one-day seminar were
Exploitation of Children – A Time to Act the University of some of the activities that took place
is Now". The Panellists were: Karen Suriname. The main during the week of celebrations.
Hughes who spoke on "Legislation: objective of the Committee is to
Understanding our laws in relation to promote the Convention on the Rights The aim of these events was continue to
Sexual Abuse and Sexual Exploitation of of the Child (CRC) and to create inform and educate the national
Children"; Dr. Patrick Martin whose topic public awareness of the CRC. The community - specifically children,
was "Sexual Abuse and Sexual Committee works closely with the parents, community leaders and teach-
Exploitation of Children: A medical Bureau of Child Rights and is regularly ers - on the CRC, with the issue of
Perspective"; Michelle Blake who dealt consulted on legal issues related to responsibility being a key feature.
with "Child Sexual Exploitation and the CRC. The Committee is interested Information and education was placed
Abuse: Psychological and Emotional in setting up a CRC documentation in the context of culture of peace,
Effects"; and Calvin Fahie who spoke on and information centre with the children’s obligation to accept responsi-
"Sexual Exploitation and Abuse: Dealing Faculty, for teaching and research bility for themselves and their actions, as
with the Perpetrator". purposes. well as their social responsibility.
10
Up Close...
BIO: The Honourable Chief
Justice of the Eastern Caribbean
Supreme Court, Sir Charles
Michael Dennis Byron, is a
native of St. Kitts & Nevis. Q: What do you foresee as some of
Sir Dennis was called to the the problems with implementing law
Bar in 1965 at the Hon. Society reform?
of Inner Temple as Barrister-at-
A: I prefer to view what you are calling
Law of the High Court of Justice
in England. In 1966 he entered
problems, as challenges. The challenges
private practice as a Barrister- are no different from those associated with
at-Law throughout the Leeward changes in general. Certainly the judiciary
Islands with Chambers, in with rich traditions may very well be one
St. Kitts, Nevis and Anguilla. of the last institutions to accept change
In 1982 he was appointed a easily. However, I do not think that there
High Court Judge of the Eastern will be any significant resistance to
Caribbean Supreme Court, a post implementing reform. In fact I must say
which he held until 1990.
that we have made some significant
During 1986 on Secondment from
the Eastern Caribbean Supreme
advances already and the support
Supreme Court, Sir Dennis served from government agencies, the legal
as Acting Chief Justice of the community and the general public has
Supreme Court of Grenada. From been encouraging.
1990 until 1996 he served as Court The Honourable Chief Justice of the
Despite this, I am mindful of the fact that
of Appeal Judge of the Eastern Eastern Caribbean Supreme Court,
Caribbean Supreme Court and Sir C.M. Dennis Byron. people are generally skeptical about
from 1996 to 1999 he was Acting changes. As a practice, people are
Chief Justice of the Eastern to a changing society. Additionally, there comfortable with what they know and
Caribbean Supreme Court. From are areas of our legal system that cry out have become accustomed to. Overcoming
1999 until the present time he has for change because those structures that such skepticism may very well be one such
held the post of Chief Justice of the were in place may have very well outlived challenge. And we hope to do this through
Eastern Caribbean Supreme Court. mass public education. Another challenge
their usefulness. Thus, as legal changes take
Since 1996 Sir Dennis has served may very well be financing reform. Our
as Chairman on the Judicial place, the judiciary cannot remain stagnant.
countries do not have a lot of money so
and Legal Services Commission. He
was Knighted by H.R.H. Queen Q: What prompted you to get that may slow down our reform effort.
Elizabeth II in the year 2000. involved in this project? All of our jurisdiction however, has
made tremendous financial sacrifices in
A: As a member of the judiciary since
Q: Why the need for law reform in advancing what we have done so far. And
1982, I have seen how the laws evolve and
the OECS countries? there is no indication that they will not
more importantly how our judiciary
A: The countries of the OECS were continue to do so, but funding is definitely
functions. It is innate in human develop-
colonies of Britain. Six of these countries a challenge for us.
ment to aspire to improve upon what is
are now independent and three are there. As the judiciary faces new challenges Q: What do you think needs to
dependent territories. However all control due to a changing world it must be happen for this project to be a
their internal affairs. This resulted in prepared to respond to these new needs. success?
significant advances in the political, There has been significant advancement A: I think that the reform project will be
economic and social spheres. However, in our political, economic and social successful as long as there are clearly
very little changes had occurred in the structures. If the judiciary is left behind the defined goals, that all of the stakeholders
judicial and legal systems. The reform in full benefit of the other areas cannot can identify the benefit; that a process of
OECS is not only long overdue but is be realized. Of significance is economic broad consultation is followed. I must tell
necessary if we are to be able to respond development. Economic growth takes you that the factors mentioned are in place
to the needs of a developing society. place where there is a judiciary that can and I am confident that as the pillars of
It goes without saying that an important respond to the inevitable disputes that how we operate that the project will be a
requirement of economic development is arise out of commercial activities. We must success. That is not to say that the project
an efficient judiciary where disputes can be therefore be prepared as the arbiter of will not have its detractors. Moreover, we
resolved promptly, efficiently and fairly. disputes to respond to these events. have a policy of listening intently to the
Of equal importance is the ability of the The motivation then flows from a detractors and making them a part of the
judiciary to respond to issues that are personal commitment to see excellence in consultation process. I am satisfied that
likely to arise as a result of globalization. As our judiciary and to ensure that the people success stands a better chance when all
the OECS ventures on the international served by our judiciary are satisfied that they voices with interest in the project are
stage we must be concerned that we are can get justice in our Courts. The reform heard. And those with divergent ideas are
equipped to deliver quality judicial services project therefore is to achieve these ends. allowed to participate fully.
Continued on p.6
3
Family Law Reform... continued from page 1
Convention on Eradication All forms of is variable, but it is almost certain that Acts of 1948 establishes that the moral
Discrimination Against Women (CEDAW) children will become increasingly the quality and conduct of the husband
and Belem Do Para. centre of concern in family law.Two and wife are decisive in matrimonial
ways in which the laws have been matters.
In recent years, laws dealing with
seeking to create amicable relation-
property and financial settlements in
ships after family breakdown are as
divorce have been revised to respond to
follows: (1) the removal of fault in Introducingalternative
economic disadvantages created by Dispute resolution
divorce, and (2) the introduction of
gender roles and hierarchies. However,
alternative ways of settling disputes. In most of the OECS countries and
in many countries, there is still gender
Barbados, efforts are made to
inequity and discrimination in property
encourage partners seeking divorce to
and financial settlements against Less Emphasis on Judging consider reconciliation and to undergo
unmarried women. Regarding property Behaviour in Divorce marriage counselling. For example,
Settlements Antigua & Barbuda has introduced the
In family law, there has been a concept of mediation in divorce matters
“none of the significant movement away from on issues relating to custody of children
judging the behaviour of family and property. In addition, some
OECS countries have members in settlements and a focus countries have introduced a social
more on the family’s needs and in service component to help in address-
adequate laws ing family matters and others have
cultivating harmonious relations among
to deal with family members. introduced family courts, outside of the
magistrates courts, to deal with family
persons who are disputes.
unmarried”
“some countries like
settlement, none of the OECS “some countries
Barbados have
countries have adequate laws to deal have introduced
with persons who are unmarried. introduced the
Montserrat and St. Kitts have no a social service
legislation to deal with equitable concept of
distribution of property and financial component to
no-fault divorce”.
matters either for women who are help address
married or unmarried. In Grenada and
Dominica, there is no legislation family matters
dealing with matrimonial matters such
as divorce, matrimonial property and In keeping with this trend, some and place”
financial provision on divorce countries like Barbados have intro-
and maintenance in the High Court. duced the concept of ‘no fault’
These are just some of the variations divorces. However, in the OECS
that exist from country to country. countries, there is only a moderate Need for Harmonisation
acknowledgement of this development In almost all of the OECS countries,
and most of them have moved on to a family law revision and reform have
Creating Amicable system in which fault still has some role taken place to address the realities of
Relationships after Family to play in matrimonial matters. In Caribbean family structures, to comply
Breakdown Antigua & Barbuda, for example, the with human rights conventions and
In an effort to properly protect 1997 Divorce Act creates a mixed fault in an effort to create amicable
and provide for children and prevent system. It introduces twelve months relationships in post-relations phases.
hostility between parents in a post- of separation as a basis for proving The revision has been slower in some
relationship phase, almost every aspect breakdown of marriage, similar to countries than others and the absence
of family law, including domestic Barbados which has no-fault divorce, of certain legislation can directly or
violence, divorce, property and but adds the fault facts of adultery and indirectly impact on children and
financial matters, seeks to put cruelty as evidence of breakdown as women and they point to the need for
children’s interests first. In the well. In both St. Kitts & Nevis and a greater harmony within family laws
Caribbean, recognition of this principle Montserrat, the Matrimonial Causes throughout the eastern Caribbean.
0000
4
News From The Area
hopes to target the entire secondary
ANTIGUA school body of students with G U YA N A
the introduction of its HIV/
& BARBUDA AIDS Prevention Peer Educators First Draft of
Programme. During the September to Chidren’s Bill
Rotaract December 2001 term, fourth formers is Ready... Guyana
Launches will be trained as peer educators by
In March 1993, the
HIV/AIDS way of five Peer Educators Workshops.
National Commission for the
From the second term January
Campaign to March 2002, 11 HIV/AIDS
Survival, Protection and
development of Children was
The Rotaract Club of Prevention Workshops will be held
appointed in Guyana to
Antigua has launched for first and third formers. Sixteen
prepare the Guyana National
a new HIV/AIDS facilitators who were trained in August
Plan of Action for children in
awareness cam- 2001 will introduce the programme
the 21st Century.
paign.Entitled to schools and to groups in various
"HIV/AIDS… 20 Years communities. The commission agreed on six
Later", the project aims to eliminate com- programme areas that constituted the
placency among the youth and make starting point for addressing the major
them more aware of facts relating to problems affecting children in Guyana, as
HIV/AIDS. they relate to: Family, Health & Nutrition,
DOMINICA Water 7 Sanitation, Basic Education &
Ms. Felicity Aymer of the AIDS Secretariat Literacy, Children in Especially difficult
welcomed the involvement of the Summer Circumstances, and legal & Constitutional
Rotaracts. She noted that in Antigua the Environmental Provision.
"environment is not conducive to
discouraging early sexual activity… and it
Appreciation The kind of fundamental changes in atti-
Programme tudes to Children’s Rights which is
Camp required must be underpinned by the
BARBADOS entrenchment of those rights in both law
With support from and constitution, in terms of legislation.
Children UNICEF/CAO, the Small This includes the completion of the task of
Illustrate Project Assistance Team bringing all the laws concerning children
Peaceful Limited (SPAT), in collaboration together on statue and giving real powers
Communities with the Movement for Cultural and responsibilities to institutions charged
Awareness, conducted the annual with protecting children’s rights. It
During a ceremony
two-week Summer Environmental was required therefore that justifiable
at the Offices of the
Appreciation Programme (SENAP) provisions on the Rights of Child included
Ministry of Education,
Camp in the villages of Grand Fond on the constitution reforms that Guyana is
the Director of the
and Petite Savanne, from July 26 - undergoing. The first draft of the
Division of Youth Affairs,
August 9. Thirty children between Children’s Bill is ready for consultation by
presented winners of a poster competi-
10 and 15 years, benefitted from the concerned parties in Guyana.
tion competition with prizes of educa-
exposure to a variety of life skills
tional and art supplies. Entitled "A
training, including Environmental
Peaceful Community without Violence",
Health/Personal Hygiene; Health and
S T. K I T T S
the children created colourful represen-
Family Life Education and Disaster
tations of an ideal peaceful community.
preparedness/management.
& NEVIS
The Ministry thanked UNICEF
Caribbean Area Office for funding the Participants typically come from Launch of
reproduction of the six prize-winning communities in Dominica where SPAT Global
posters as book covers, which were is implementing its Community Movement
distributed to all public and private Animation Programme, as well as from for Children
primary schools in the island. other Caribbean countries. This project
was sponsored as part of the Eastern The Global
HIV/AIDS Prevention Peer Caribbean/UNICEF support for Movement for Children
Educators Programme integrated community development in (GMC) was officially launched in
Through its Youth Links, the Red Cross selected disadvantaged communities. St. Kitts & Nevis on Thursday
9
The Media and Children
A View from Trinidad & Tobago
Are Journalists Violating the Rights of Children?
T
" o be or not to be" was never the question. The question giving instructions to charge anybody with a violation of that
always was: "when?" So they waited with trembling fingers, law? In any case, if the Attorney–General wanted to protect
their pulses racing, their faces flushed in anticipation of just children in that way, surely he would have provided for an
the right moment, although they knew that no moment increase in the penalty among all the amendments to the
would, or could be right. The consequences had been weighed Children Act he brought to Parliament last year.
and the risks were well worth the taking. There were "no spurs
Could the Police have protected the Child?
to prick the sides of their intent". After all, what is a fine of
$400.00 to TV6, TTT, Newsday, or the Guardian? What of the Police? Could they have protected the child from
Chicken feed? That was more expensive these days. public view? Surely we recall the ridiculous lengths they went to
sometime ago to prevent the media from obtaining a photo
At the Expense of a Minor opportunity when one of their colleagues was charged before
So out came the cameras and they began to click away. Away the Court? I recall a former Chief Magistrate, Beecham
with section 87(5) of the Children Act! What does it say again? Maharaj, being stern with the media on the issue. What is the
"No person shall publish the name, address, school, stance of the present Chief Magistrate?
photograph, or anything likely to lead to the identification of So, I wrote about the violation of this particular law in May 1999
the child or young person before the Court, save with the and the dailies and the weeklies carried my letter. The violations
permission of the Court or insofar as is required by this Act. stopped for a while, but the temptation was too great and
Any person who contravenes this sub-section is liable on they’ve succumbed. Should I pray: "Father, forgive them for
summary conviction to a fine of Four Hundred Dollars." they know not what they do?" No way, José! Father Hezekiah,
over to you, but spare the Express and the Mirror. They’ve tried
A Child has the Right to Privacy?
their best to keep the faith, for at least they didn’t use a photo.
Forget the Convention on the Rights of the Child! What do we
know of Article 40 (2) (b) (vii) of the CRC? "Every child alleged
as or accused of having infringed the penal law is guaranteed the The preceding article was submitted by Ms. Hazel
right to have his or her privacy fully respected at all stages of the Thompson-Ahye as a letter to the Editor in the Trinidad
proceedings." Guardian and reprinted with her permission. Ms.
Thompson-Ahye, Attorney-at-Law and Mediator is the
A child has rights to privacy? You must be joking! After all, the Director of the Legal Aid Clinic, Council of Legal
public wanted to see the 15 year-old child charged with Education, Hugh Wooding Law School, St.Augustine in
murder. the Republic of Trinidad & Tobago. She is also the
Director of the Hugh Wooding Law School Legal Aid
But what of Article 4 of the CRC which states? "States Parties Clinic Mediation Centre, and Board Member of the Legal
shall undertake all appropriate legislative, administrative, and Aid and Advisory Authority, the Police Complaints
other measures for the implementation of the rights recognized Authority and the St. Dominic's Children's Home as well
in the present Convention." implementation of the rights as the Deputy Co-coordinator of the Women and
Development Studies Group, the University of the West
recognized in the present Convention." In other jurisdictions,
Indies, St. Augustine. She is also a member of the
violations of children’s rights can be taken before international International Bar Association, the Association of Family
and regional courts. The European Court of Human Rights and Conciliation Courts, the International Society of
adjudicates on many violations of children’s rights, which Family Law, the Association for Conflict Resolution and
fall within the European Convention on Human Rights. the National Association of Counsel for Children. She is
The African Charter on the Rights of the Child also allows for a tireless advocate for women’s and children's rights, for
penal reform and legal aid. She has given presentations
both State reporting and complaints from individuals.
in the United States, Canada, the United Kingdom, the
We have the legislative measure, even though it is a small Netherlands, South Africa and the Caribbean in her
slap on the wrist, but what about its implementation? Who special areas of interest.
ever heard about the DPP [Director of Public Prosecution]
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We welcome your letters, as you seek to create awareness in the public domain of children’s issues.
8
Is Law Reform Really Needed?
In an attempt to encourage paticipation from our partners in the newsletter’s content, Children In Focus solicited
the views from Child Protection Officers on this issue of Legal Reform in the OECS countries.
The following are responses received from St. Lucia:
Yes. While the Child and Young Persons Act provides a Yes. law reform is needed. To afford better protection
framework by which Child Care Providers can be guided, to children and their families through blocking existing
there are grey areas which are left to the discretion of loopholes, seeking equity, sensitisation of rights, ensuring or
individuals. This can be detrimental to the very children whom requiring accountability of persons in child protection, stiffer
we seek to serve. By reforming those laws and others, for penalties for offenders, appointment of guardian ad litem,
example those which govern juvenile institutions, there will be Magistracy with a knowledge of and a sensitisation on child
a more comprehensive structure by which our children can be welfare matters.
protected. The interpretation of the law also should be less Reform is required in the following areas:
ambiguous so that its implementation by Child Care Providers
could be more consistent. (a) Child abuse: criminal code, stiffer penalties, statute of
limitation (1 year) needs review; holding parents
Reform needs to take place in areas such as:
responsible for certain categories of crimes; charging
(a) adult responsibility towards children; parents who conspire with offenders; charging parents
(b) fines and terms of sentence; for ‘arrangements’ in sexual abuse matters;
(c) more clearly defined parameters by which juveniles are (b) Mandatory counselling/ rehabilitation for offenders;
dealt with; (c) affiliation – remove distinction for children;
(d) child custody and maintenance. (d) Adoption.
Reform will benefit our children by providing them with more Law reform will benefit children in the following ways:
protection. It will improve the areas of weakness which cur- (a) Reduce discrimination against children born out of
rently exist allowing workers to have clearly defined structures wedlock, e.g. ceiling of $200.00 for maintenance as
and support systems. opposed to what obtains for children born within a
Ms. Beverly Povotte marriage;
Counsellor II, Boys’ Training Centre (b) Married mother should be able to claim maintenance
from the father of her children, if he is not her husband;
(c) Status of limitation during which time a mother can take
Yes. Existing legislation is outdated. The main piece of a father to court should not be limited to first year only;
legislation pertaining to children was passed almost thirty (d) Facilitate achievement of CRC for all children.
years ago with no amendments. Social environment has
changed tremendously, legislation therefore needs to be Ms. Victoria Francis-Nathaniel
updated if it is to be effective. Family Case Worker
Division of Human Services
The areas in need of change are:
- Definition of child. Legislation is not consistent with
definition proposed by the United Nations Convention on Yes. Existing legislation does not provide for adequate care
the Rights of the Child; and protection of children, neither does it sufficiently enforce
- Maintenance. Legislation makes it difficult for married family responsibility to do so. Existing legislation does not
women to pursue maintenance; reflect changes in child welfare philosophy and practices,
- Harsher penalties required for persons found guilty of hence legal framework does not always serve best interest of
abusing children. children.
- Provision for rehabilitation of juvenile offenders and for The areas in need of reform are: child abuse, adoption,
mandatory services to families is required. maintenance and custody, juvenile justice.
Law reform will benefit children by putting in place
Reform will ensure that state mechanisms are effected to
measures to protect them and to help them grow up in
provide adequate protection of children.
more stable environments.
Ms. Karen John-Matthews Ms. Constance Ann Paul-Akuffo
Family Case Worker Family Case Worker
Division of Human Services Division of Human Services
5
Up Close... continued from page 3
Q: Can you give some non- every state. Let’s take for example biological parent. Neither can custody
specific examples of cases where Dominica. In Dominica a parent of an ille- be awarded.
children have been affected gitimate child can get an Order of
Q: How will children in the OECS
negatively as a result of certain Affiliation only in the Magistrates’ Court.
countries benefit from law
laws being archaic? Child support in such a case is also
reform?
restricted to that Court. Since the
A: Generally, it is not prudent to discuss A: Certainly, our entire society will
Magistrates’ Court has limited jurisdiction,
potential issues that may be brought benefit from law reform. Laws relating
the amount that can be awarded - irre-
before the Court. Then again, there are a to children which include support,
spective of the means of the other parent
whole host of issues that potentially can guardianship, custody, affiliation orders
- is limited. On the other hand, a legiti-
come before a Court yet not necessarily and inheritance, if reformed can only
mate child seeking support can get it in
need to be avoided. There are a number benefit them. Our laws coming out of a
the High Court where there is no jurisdic-
of legislation on the books that are indeed period whose standards, norms, values
tional limitation on what can be awarded.
archaic and have a negative effect on and mores are no longer prevalent
children. You must bear in mind however, Another instance can be seen in cannot continue to serve their initial goals.
that I cannot paint the OECS with a broad guardianship laws. A child growing up in Recognition that the needs of children
brush… we have six independent states a family unit where only one parent is must be addressed consistent with
and three dependent territories. Invariably, their biological parent could very well be contemporary democratic society’s norms
these states may be at different levels of taken from that unit if his/her parent cannot be ignored. Law reform is one of
their law revision project. Consequently, becomes deceased without leaving a the most effective ways to address these
my examples may not be applicable in testamentary guardianship with the non- concerns.
every biological
Facts about the OECS Family Law & Domestic
Violence Legal & Judicial Reform Project
When Did the Project Begin? (OECS), in collaboration with the United restructured social services that support the
The project began in January 2001 after Nations Economic Commission for Latin full implementation of the reform
agreement with the partners involved and America and the Caribbean (UN ECLAC), legislation; and public support for the
after the establishment of National UNICEF Caribbean Area Office, and recommended changes through their
Committees in each country. NCH, a British based children's charity participation at the public consultative ses-
with Offices in the Eastern Caribbean, and sions.
Why The Need for Reform?
includes representatives from the coun-
Even though countries have amended What is the Time frame for the
tries of St. Lucia, Antigua & Barbuda and
various aspects of their legislation from Project?
St. Kitts & Nevis.
time to time, much more still needs to be It is expected that the project will take
done to bring legislation in line with Who are the Participating 3 years:
the provisions of the United Nations Countries? Phase I: Research into domestic
Convention on the Rights of the Child Anguilla, Antigua & Barbuda, British violence and existing legislation was
(CRC), the Convention on the Elimination Virgin Islands, Dominica, Grenada, concluded in July 2001. The first draft
of All Forms of Discrimination Against Montserrat, St. Kitts & Nevis, St. Lucia, of the legislation, is expected to be
Women (CEDAW), an the Inter-American St. Vincent and the Grenadines, and completed by December;
Convention on the Prevention, Turks & Caicos Islands. Phase II: 2002: Drafting of the
Punishment & Eradication of Violence What are the objectives of the legislation.This is expected to be completed
Against Women also known as the Project? by June 2002. It is also expected that adop-
"Convention of Belem do Para" and to The outcomes of this project include: tion of the legislation will be finished by the
improve the conditions under which harmonised and reformed legislation end of 2002;
children and their families must live. approved by Caribbean governments on Phase III: 2003. There will be strategic
Who are the Partners? children, family law and domestic analysis on the impact on social services
Project management and coordination is violence; the implementation of this infrastructure, national consultation and
being being implemented through the legislation which is owned by agreement on recommendations on impact
Eastern Caribbean Supreme Court governmentsas a result of their direct assessment, training of relevant profession-
(ECSC) and the Secretariat of the participation in the reform process; al groups. Monitoring and evaluation will
Organisation of Eastern Caribbean States harmonised and restructured social service take place from December and onwards.
6
In Focus...
NCH Action for Children in the Caribbean
O
ne of the partners in the OECS Government of Jamaica requested
Family Law & Domestic Violence assistance in the establishment of a
Legal Reform Project is NCH children’s home and later, a school for
ActionforChildren.Formerly mentally challenged children. In 1979
known as the National Children’s at the invitation of the Barbados Child
Home, this organisation is a charitable Care Board, NCH Action for Children
child-care agency headquartered in the began its involvement in Barbados.
United Kingdom. Established in 1896, Projects were subsequently undertaken
it is now one of the UK’s largest child- in St. Lucia, Grenada, Dominica, St.
care agencies helping thousands of Vincent and Belize. With the exception The general aim of NCH Action for
vulnerable children, young persons and of St. Lucia and St. Vincent, NCH Children in the Caribbean is to enable
their families by means of more Action for Children now maintains an and support the work of government
than 300 projects. Office in each of the aforementioned departments and non-governmental
countries. The work in St. Vincent is organisations as well as to develop
NCH Action for Children first came administered through the Barbados specific services and programmes
to the Caribbean in 1969 when the Office. for children.
00000
OECS Secretariat
T
he Organisation of Eastern established. The WISA Secretariat grouping comprising Antigua &
Caribbean States (OECS) is one of became the Central Secretariat of the Barbuda, Commonwealth of
the main partners in the Family OECS and the ECCM, the Economic Dominica, Grenada, Montserrat,
Law & Domestic Legal Reform Affairs Secretariat. St. Kitts & Nevis, St. Lucia and
Project. It came into being on 18 June St. Vincent/Grenadines. Anguilla
1981 when seven East Caribbean In mid-1977 as a result of the and the British Virgin Islands
countries signed a treaty agreeing restructuring of the Organisation, the are Associate Members of the OECS.
to cooperate with each other and Economic Affairs Secretariat was
promote unity and solidarity among the merged and became a Division of The functions of the Organisation are
Members. The Treaty became known 0000 set out in the Treaty of Basseterre and
as the Treaty of Basseterre, so named coordinated by the Secretariat under
in honour of the capital city of St. Kitts the direction and management of the
& Nevis where it was signed. Director General. In carrying out its
mission, the OECS works along with
Following the collapse of the West a number of sub-regional and
Indies Federation, and prior to the regional agencies and institutions.
signing of the Treaty of Basseterre, These include the Eastern Caribbean
caretaker bodies were created: the Central Bank (ECCB), the Caribbean
West Indies Association States Council Community (CARICOM) Secretariat;
of Ministers (WISA) in 1966 and the the CARICOM Regional Negotiating
Eastern Caribbean Common Market Machinery (RNM) and the Caribbean
(ECCM) in 1968. As the islands gained Development Bank (CDB).
their independence from Britain,
it became evident that there was need
for a more formal arrangement
to assist with their development efforts. the OECS Secretariat in St. Lucia.
So it was that the OECS was The OECS is now a nine member
0000 0000
7
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