Wednesday, August 6, 2008 Session Room 4

HUMAN RIGHTS

and HIVIN THE

CARIBBEAN

“From Risk to Vulnerability Caribbean and

Global Perspectives”

Background

• Caribbean – a study in diversity – Population of approx: 34 million – Consisting of continental nations – Large and small island states – 34 independent countries – continued “colonisation” by the USA,

UK, France, Netherlands • Spanish, English, French, Dutch and

Creole-speaking

Background

• Diverse legal backgrounds– French Civil law– Roman Dutch Law– English Common Law– Dutch law– Spanish– Mixed systems – St. Lucia & Guyana

Sources of Human Rights • Written Bills of Rights contained in

Constitutions • Constitutions are “supreme law” of the State • Legislation – in accordance with the

Constitution (Education Act establishes right to Education but not stated in Constitution) International Treaties and Conventions

• Protocols and opinions by Int’l HR Bodies

Rights Recognised in Caribbean

•nondiscrimination and equality before the law

freedom from inhuman degrading treatment and punishment

autonomy, liberty and security of the person

freedom of expression, assembly and association

protection from deprivation of propertyprotection from arbitrary search and

entry

Rights Recognised in Caribbean

protection of the Lawfreedom of consciencefreedom of movementprotection from discrimination on

the grounds of [sex, race, place of origin, political opinions, colour or creed]

Limitations

• Constitutions largely recognise civil and political rights – not social and economic rights

• Limited applicability of Int’l HR Instruments

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UN Treaty Bodies - Reporting History   CESCR CCPR CERD CEDAW CAT CRC

Antigua & Barbuda

   Into force: 24-11-88 Last report:

2007

Into force: 31-08-89 Last report:

1997

Into force: 18-08-93

Into force: 04-11-93 Last report:

2004

Bahamas    Into force: 04-09-

75 Last report: 2004

   Into force: 20-02-91 Last report:

2005

Barbados Into force: 03-01-

76 Last report: 1983

Into force: 23-03-76 Last report:

2007

Into force: 08-12-72 Last report:

2005

Into force: 03-09-81 Last report:

2002 

Into force: 04-11-93 Last report:

1999

Cuba    Into force: 16-03-

72 Last report: 1998

Into force: 03-09-81 Last report:

2000

Into force: 16-06-95 Last report:

1997

Into force: 20-09-91 Last report:

1997

Dominica Into force: 17-09-93

Into force: 17-09-94

 Into force: 03-09-

81 

Into force: 12-04-91 Last report:

2004

Dominican Republic

Into force: 04-04-78 Last report:

1997

Into force: 04-04-78 Last report:

2001

Into force: 24-06-83 Last report:

1999

Into force: 02-10-82 Last report:

2004 

Into force: 11-07-91 Last report:

2001

Grenada Into force: 06-12-91

Into force: 06-12-91

 Into force: 29-09-

90 

Into force: 05-12-90 Last report:

2000

10

UN Treaty Bodies - Reporting History   CESCR CCPR CERD CEDAW CAT CRC

Guyana Into force: 15-05-

77 Last report: 1997

Into force: 15-05-77 Last report:

2000

Into force: 17-03-77 Last report:

2006

Into force: 03-09-81 Last report:

2005

Into force: 18-06-88 Last report:

2006

Into force: 13-02-91 Last report:

2004

Haití  Into force: 06-05-

91 Last report: 1994

Into force: 18-01-73 Last report:

1999

Into force: 03-09-81

 Into force: 08-07-

95 Last report: 2003

Jamaica Into force: 03-01-

76 Last report: 2001

Into force: 23-03-76 Last report:

1997

Into force: 04-07-71 Last report:

2002

Into force: 18-11-84 Last report:

2001 

Into force: 13-06-91 Last report:

2003

Saint Kitts & Nevis

     Into force: 25-05-

85 Last report: 2002

 Into force: 02-09-

90 Last report: 1999

Saint Lucia    Into force: 14-02-

90 Last report: 2005

Into force: 07-11-82

Last report: 2006 

Into force: 16-07-93 Last report:

2005

Saint Vincent &

the Grenadines

Into force: 09-02-82 Last report:

1997

Into force: 09-02-82 Last report:

1990

Into force: 09-12-81 Last report:

2002

Into force: 03-09-81 Last report:

1997 

Into force: 25-11-93 Last report:

2002

SurinameInto force: 28-04-

77 Last report: 1994

Into force: 28-04-77 Last report:

2004

Into force: 15-03-84 Last report:

2003

Into force: 31-03-93 Last report:

2002 

Into force: 1-03-93 Last report: 2007

Trinidad & Tobago

Into force: 08-03-79 Last report:

2002

Into force: 21-03-79 Last report:

2000

Into force: 03-11-73 Last report:

2001

Into force: 11-02-90 Last report.

2002  

Into force: 04-01-92 Last report:

2006

HUMAN RIGHTS ABUSES IN THE CARIBBEAN• Extra- judicial killings• Torture and ill-treatment• Sexual assault and rape, domestic violence• Invasions of privacy• Arbitrary detention• Denial of employment and education

opportunities• Violence• Detention of juveniles with

convicted prisoners

Human Rights and HIV• Exclusion – social, migration • Denial of Services - education, heath care,

housing, insurance, work permits • Homophobic Violence• Breaches of Privacy• Sexual abuse • Denial of reproductive rights• Dismissal from work• Criminal sanctions

– transmission of HIV

Human Rights and HIV• HIV has “exposed” pre-occurring

HR abuses• Has led to more abuses• Forced society to face them and

question why!!!!!!!!!!

“the AIDS epidemic has shone a remorseless light on every

moral issue in every society it has touched. It has exposed

hypocrisy and double-dealing and unjust privilege; it has accentuated inequality and

injustice; and it has revealed misrule.”

Can we legislate morality? and if so

whose?

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Definition of Morality • Descriptive usage: a code of conduct held to be

authoritative in matters of right and wrong, whether by society, philosophy, religion, or individual conscience.

• Normative and universal sense: an ideal code of conduct, one which would be espoused in preference to alternatives by all rational people, under specified conditions.

• ‘Morality‘ as synonymous with ethics, the systematic philosophical study of the moral domain

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Caribbean Morality• Largely based on religious principles• God is our moral centre and all “rules” set

out in the bible are to be strictly observed• Culture • Taboos• Secrecy• Non acceptance or understanding of

human rights principles

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Legislating Morality

– Has society the right to pass judgment at all on matters of morals?

– If society has the right to pass judgement has it also the right to use the weapon of the law to enforce it?

Hypocrisy!!!!!!• Vulnerable populations are

labeled as societal outcasts: – the MSM is “nasty” and

“perverted”– the PLHWA is a “threat” and

“dangerous”– the SW is a “scourge” – they all called this on themselves

because of their low or lack of moral fiber

• The adulterer or fornicator is accepted

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Hypocrisy!!!!!!• There is no compassion• Tolerance• Love of neighbour• Forgiveness• Sharing

All “christian” principles echoed from every pulpit on days of worship

• more appropriate response is to deny, reject, ostracize, belittle, taunt, threaten, assault, or kill the “rejects”.

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HIV and Human RightsHIV and Human Rights

“Human rights promotion and protection is central to the response to HIV/AIDS. Denying the rights of people living with HIV, and those affected by the epidemic, imperils not only their well-being, but life itself.”

HIV/AIDS and Human Rights: International Guidelines, 2003

Caribbean Vulnerable Communities • Regional coalition of civil society actors working with

marginalised and vulnerable populations– Prisoners– Orphans and Vulnerable Children– Youth (boys and girls) in Especially Difficult Circumstances– Substance Users– Undocumented persons (refugees, deportees, etc)– Sexual minorities (LGBT) – Sex Workers

• Regional support for national programming to scale up response

• Coordinated regional advocacy• Promote rights based approach to HIV

programming

CVC

Vision • To transform, based on human

rights, social justice, respect for human diversity, social inclusion, and the reduction of vulnerability, the national and regional consciousness of the social and economic factors driving the HIV and AIDS epidemics

What have We Done?• GrenChap in Grenada produced a Shadow

Report for the Grenada Periodic Review• Jamaica AIDS Support for Life in Jamaica

fostered a partnership with HR organisations to combat homophobia among the police

• Maxi Linder in Suriname has and continues to promote the rights of Sex workers

• AIDS Action Foundation in St. Lucia is engaged in advocacy in promoting a rights based approach

LGBT 2 major consultations

Bahibe Declaration

Fostered the establishment of Cari Flag- Includes all sexual minorities

Pioneered pilot projects with LGBT groups at the national level

SEX WORKERS

SU

Prisoners3 major consultations

Establishment of Sex Worker Coalition

Working towards establishing linkages with regional and Int’t Networks

Financed the participation of 4 SW to IAC

Policy and advocacy on substance use and criminalization of SU

Establishment of CHRC

Mobilization of resources to establish drop-in centres

Working with penal authorities to establish STI control policies to ensure access to sexual and reproductive health and ARVs

CONCLUSION

CVC is committed to achieving an environment in which moral

majorities are held to a standard which recognizes the dignity of

every human being.

GraciasMerci

Mèsi anpilDank je wel

DankiNgiyabonga

Thanks