Informing The Uninformed....
 

 

“CHILDREN UNDER SEIGE”

 

A Report to the

 

PRE-SESSIONAL WORKING GROUP

OF THE

COMMITTEE ON THE RIGHTS OF THE CHILD

 

 

“The children of Antigua & Barbuda are under siege; yet, we are not at war with guns and bombs.  Instead, values seem to have gone out the windows and everything else is coming through the doors.”                                                            [POWA Line, October 2003]                          

This quotation effectively captures the essence of the challenges that currently confront the children of our twin island state and those who serve as advocates for their rights as enshrined in the Convention on the Rights of the Child (CRC).  POWA welcomes this opportunity to share our concerns with the Committee and trusts that you will find our input useful.

 

This afternoon, we would like to share with you the story of our nation’s youth.  In doing so, we will draw on published newspaper articles as well as our own first hand experience with cases referred to us by distraught parents, concerned neighbours and frustrated social workers. 

 

We will also include in our presentation some general comments on Antigua & Barbuda’s implementation of the Convention and on the Government’s willingness to engage civil society in meaningful dialogue.  Finally, we will conclude with ten specific recommendations which we are convinced will prove invaluable in the quest to afford greater protection to the children of Antigua & Barbuda.

 

 

GENERAL MEASURES OF IMPLEMENTATION

Antigua & Barbuda’s Initial Country Report makes reference to a consultative process leading up to the production of said report.  POWA would like to go on record as stating that, despite our well-publicized role in lobbying for the rights of the child, our organization was not involved in this consultative process.  Further, we experienced grave difficulties in obtaining a copy of the Initial Country Report.  In fact, we are indebted to UNICEF’s Barbados office and the kind intervention of Heather Stewart who provided us with an electronic copy of the said report.  This is in stark contrast to the provisions of Article 44.6.

 

We would also like to draw to your attention our experiences in subsequent consultations.  We make specific reference to the 2003 national consultation on draft legislation to establish a Child Protection Agency.  Despite a public pledge to present the revised draft bill to the civil society partners for further input before presenting the bill to parliament, the Attorney General failed to deliver on this promise even after receiving a letter from POWA reminding her of her commitment to do so. 

 

It should also be noted that the version of the Bill that was eventually passed into law failed to take into consideration the many concerns of the youth and other stakeholders who participated in the consultation.  We would respectfully suggest that the Attorney General’s actions in this case constitute a breach of Article 12: Respect for the views of the child.

 

 

Article 1: DEFINITION OF THE CHILD

There is a lack of consistency in the legal definitions of the child in the Antiguan context.  Under the laws of Antigua & Barbuda, a 16 year old cannot marry without her parents’ consent, but she can consent to having sex.  Having done so with the tacit approval of the State, when she becomes pregnant she is then prevented from completing her education in the regular school system. 

 

The irony is further enforced when one realizes that the State has decided that sixteen year olds are not mature or responsible enough to vote or drive a car, but they are apparently mature enough to deal with one of the highly likely consequences of sexual activity – i.e. bringing another life into the world.

 

 

BEST INTERESTS OF THE CHILD

Article 3 stipulates that in all matters concerning children, the best interests of the child shall be a primary consideration.  The agents of the court appear not to be aware of this obligation.  Support for this contention can be found in a statement attributed to a defense attorney who asserted that the seven-year-old child victim who had been sexually molested by her grandfather “did not seem traumatized by what had happened”. 

 

A related concern is the manner in which the press covers cases involving minors.  A March 2004 newspaper article carried a detailed account of the testimony of a seven-year old minor as she described in painful detail the sexual advances made against her by her grandfather.  POWA is convinced that this type of sensational reporting does nothing to advance the best interests of the child victims.

 

 

Article 27.4: RECOVERY OF MAINTENANCE FOR THE CHILD

Under the existing legislation, maintenance orders cease when the child attains the age of 16.  However, the Adoption of Children Act stipulates that a child up to age 18 can be adopted.  It is, therefore, possible that a child who has been legally adopted would not be eligible to benefit from court mandated maintenance. 

 

It is also important to note that the very police officers who are charged with enforcing the court orders for maintenance may themselves be offenders.  A recent newspaper article revealed that a magistrate had remanded a police officer to prison after he was brought before her on charges of owing over $5,000 in child maintenance. 

 

 


Article 24: CHILD’S RIGHT TO HEALTH & HEALTH SERVICES

The budget allocation for health has been declining steadily over the past five years.  The allocation for 1999 was 13.57% of recurrent expenditures while the comparable figure for 2003 was 9.48%. 

 

It has become the norm for parents – generally single mothers - to have to resort to public appeals for financial assistance in order to obtain medical treatment for their children.  During the recently held Royal Commission of Inquiry into the operations of the Medical Benefits Scheme, it was revealed that some children had indeed died as they waited for assistance from the government.  This was in stark contrast to reports of thousands of dollars being disbursed for cosmetic and/or elective surgery.

 

Antigua & Barbuda’s lack of a comprehensive system of preventative health care is perhaps a contributing factor to the unacceptably high incidence of preventable diseases such as obesity.  However, POWA is encouraged to note that the new government has pledged to introduce a school feeding programme that may help to address the problems of poor nutrition in the nation’s youth. 

 

On a separate but related note, the data reveals that young girls are disproportionately affected by HIV/AIDS.  Statistics contained in a 2003 report produced by the AIDS Secretariat revealed that females outnumbered males 15:1 in 15-19 year old age group for HIV/AIDS notifications.  It should also be noted that the HIV/AIDS epidemic is creating a class of orphans and that no institutions currently exist to accommodate them.

 

 

Article 28: CHILD’S RIGHT TO EDUCATION

The 1997 budget allocation for education stood at 15.88% of total recurrent expenditures.  That figure declined each subsequent year until it reached a low of 8.19% in 2003. 

 

The Initial Country Report asserts that there is no discrimination in access to education for children of compulsory school age.  The exception to this statement is the case of teenage mothers.  Further to this, it should be noted that the schools are generally overcrowded and plagued by a lack of resources including text books, desks, chairs and proper bathroom facilities.  Some encouragement can be found in the fact that a comprehensive school renovation and construction project is currently underway.

 

While the Initial Country Report referred to the safety of schools, POWA notes with concern the recent emergence of gangs in the schools.  There have also been increased reports of vandalism in the nation’s schools. 

 

This past April both local daily papers carried accounts of an illegal sex drug being added to drinks sold on school premises.  It was also alleged that marijuana-laced food was being sold to students.  It is very worrisome that such abuses could take place within the walls of the nation’s institutions of learning.

 

Finally, special note should be taken of the plight of immigrant children who are sometimes denied access to the overcrowded public school system and whose parents may not possess the resources required to enroll them in a private school.

 

 

SEXUAL EXPLOITATION OF CHILDREN

This is perhaps the most worrisome aspect of the violation of the rights of our nation’s most vulnerable citizens.  While the Initial Country Report described the 1995 Sexual Offenses Act as being CRC compliant, we cannot endorse that position.

 

In addition to the inherent weaknesses/flaws of the legislation, we are also concerned about the apparent unwillingness/inability of the Courts to apply the full force of the penalties as outlined in the law.  For example, the law provides for life imprisonment for someone convicted of sexual offenses involving a child under the age of 14.  Despite this legislated penalty, actual sentences have been as short as five years. 

 

A May 27th news item reported that the Eastern Caribbean Court of Appeal had quashed the conviction of a man who had been sentenced to eight years for indecent assault on a 10 year old girl.  POWA was very perturbed to learn that the Director of Public Prosecution agreed with the defense attorney who suggested that the eight year sentence was too severe for the nature of the crime.  It should also be noted that the perpetrator of this offense was a former police officer and that his conviction was overturned as a result of errors made by the trial judge.

 

We draw upon other cases to show that child victims who have survived the unwelcome and traumatic sexual advances of adult males are often victimized a second time by the Court system.  In June 2003, a 21 year old male who was accused of raping a 14 year old girl testified that he had sexual intercourse with the victim “on her request”.  He further revealed that he had had a two year relationship with the child.  Despite this confession, the man was acquitted of the charge. 

 

POWA is concerned that the existing legislation does not serve as a deterrent for would-be sexual predators.  A March 9th news item carried a report of a man who was convicted on two counts of sexual intercourse with a 12 year old child.  The article also noted that the perpetrator had previously been acquitted of a similar offense. 

 

An apparent indifference to the consequences of such deviant behaviour can be found in the case of a 24 year old male who was convicted of rape on May 29th, 2004.  In that case a police officer testified that she had previously warned the accused that the child with whom he was associating was only 14 years old. 

 

 

RECOMMENDATIONS

Having recounted a number of cases to justify our assertion that the nation’s youth are under siege, we would now like to turn our attention to specific recommendations designed to ameliorate this undesirable situation.  We present for your consideration and discussion with the relevant governmental authorities ten (10) principal recommendations.

 

1.      Definition of the child:       All laws should be harmonized to be compatible with the CRC definition being every human being below the age of 18 years.

 

2.      Make the convention widely known:      Immediate steps should be taken to familiarize the following stakeholders with the Convention and Antigua’s obligations as a signatory:-

a.      Law enforcement personnel to include police officers, magistrates, judges and attorneys

b.      Educators and social workers

c.       Students

d.      Media workers

 

3.      Institute a system of collecting, analyzing and publishing quality of life statistics which are disaggregated by sex, age, ethnicity and country of origin.

 

4.      Establish a family court:  The Government should take immediate measures to introduce a family court and to ensure the timely hearing of matters involving children.  Every effort should also be made to ensure that cases involving minors are heard in camera.

 

5.      Introduce mandatory reporting requirements: The recently passed legislation mandating the establishment of a Child Protection Agency should be amended to provide for penalties against those persons who fail to report criminal acts and cases of child abuse – e.g. nurses and doctors who deliver teenage mothers should be required to report such pregnancies.

 

6.      Ensure that adequate resources are allocated to the Social Services Department:  Every effort must be made to ensure that all schools have guidance counselors and truancy officers and that an adequate number of social workers are available to staff the department and carry out investigations as required.  Appropriate state-owned and operated institutions must be established to provide for the care of children who are in need of alternative placement.

 

7.      Reintegrate pregnant teens & teenage mothers into the mainstream educational system:  This measure should be put in place for the beginning of the next academic year.  This should be done in tandem with a comprehensive public education campaign in order to create a more supportive environment for such teenage mothers.

 

8.      Introduce garnishing of wages for child maintenance:  This administrative measure would serve to reduce the frustration and indignity to which mothers are subjected in their efforts to obtain much needed financial support.

 

9.      Launch a concerted education programme on prevention of HIV/AIDS:  The government should appoint an advocate in the battle against HIV/AIDS.  This advocate should be at the highest level of the administration in order to send a clear signal of the level of commitment and importance that is attached to this issue.  The resultant campaign should have a component that specifically targets the youth and especially young girls who are being disproportionately affected by this disease.

 

10.  Amend Sexual Offenses Act:  POWA would like to reiterate the recommendations contained in its 2002 petition.  They are as follows: -

a.       The issue of pornography be directly addressed by the law and that firm measures be adopted to deal with persons who engage in this activity.

b.      That the issue of pornography involving children under the age of 18 be particularly addressed to send a clear message that our society will not tolerate this outrage.

c.       That the notion of consensual sexual activity between adults and persons under the age of 16 be abolished from the law.

d.      That all terminology in the Sexual Offences Act relating to or suggestive of an “age of consent” in regard to children under the age of 16 be abolished.

e.       That the law adopts an “age of protection” in relation to sexual offences to be established at 16, consistent with this age in other areas of the law and that persons under the age of 16 be given legal protection in regard to sexual activity with persons over the age of 16.

f.        That the defense afforded to adults of the reasonable belief of the age of the victim of a sexual offence be abolished and that the law uncompromisingly impose legal duties and responsibilities on adults in incidents involving sexual activity between adults and children, and that breaches of these duties by adults be visited with the strictest sanctions.

 

With these brief introductory remarks, I submit POWA’s Alternative Report to the Committee and express our sincere hope that the Committee will see fit to raise our concerns and recommendations with the newly elected United Progressive Party Government.  We also place on record our expectation that the new Government will deliver on its promise to engage civil society partners in a process of ongoing dialogue and consultation which will end the siege on our children and redound to the benefit of all and especially to the children of Antigua & Barbuda who represent our country’s most precious yet most vulnerable resources.

 

Thank you.