38/12 Report of the Working Group on the Universal Periodic Review - Barbados

GE.18-05403(E)



Human Rights Council Thirty-eighth session

18 June–6 July 2018

Agenda item 6

Universal Periodic Review

Report of the Working Group on the Universal Periodic Review*

Barbados

* The annex is being circulated without formal editing, in the language of submission only.

United Nations A/HRC/38/12

Introduction

1. The Working Group on the Universal Periodic Review, established in accordance with

Human Rights Council resolution 5/1, held its twenty-ninth session from 15 to 26 January

2018. The review of Barbados was held at the 9th meeting, on 19 January 2018. The

delegation of Barbados was headed by the Minister of Social Care, Constituency

Empowerment and Community Development, The Hon. Steven Blackett. At its 14th meeting,

held on 23 January 2018, the Working Group adopted the report on Barbados.

2. On 10 January 2018, the Human Rights Council selected the following group of

rapporteurs (troika) to facilitate the review of Barbados: Afghanistan, Democratic Republic

of Congo and Mexico.

3. In accordance with paragraph 15 of the annex to Human Rights Council resolution 5/1

and paragraph 5 of the annex to Council resolution 16/21, the following documents were

issued for the review of Barbados:

(a) A national report submitted/written presentation made in accordance with

paragraph 15 (a) (A/HRC/WG.6/29/BRB/1);

(b) A compilation prepared by the Office of the United Nations High Commissioner

for Human Rights (OHCHR) in accordance with paragraph 15 (b) (A/HRC/WG.6/29/BRB/2);

(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)

(A/HRC/WG.6/29/BRB/3).

4. A list of questions prepared in advance by Belgium, Germany, Liechtenstein, Portugal,

Slovenia, Spain and the United Kingdom of Great Britain and Northern Ireland was

transmitted to Barbados through the troika. These questions are available on the extranet of

the universal periodic review.

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The head of the delegation stated that, despite the many changes that had occurred

locally and internationally, the people of Barbados continued to attach great importance to

core values, like perseverance, pride and industry, which had made them strong throughout

their history.

6. Barbados remained committed to the promotion and protection of human rights and

fundamental freedoms, as well as respect for the dignity of all persons. Those priorities were

reflected in the investment that the Government had made on education, social services and

social security, which continued to consume approximately two thirds of the national budget.

Such expenditure did not come easily, a fact that was better appreciated with reference to the

current economic climate.

7. Successive administrations in Barbados had championed equality for women. In the

workplace, all government employees had equality of pay and promotion was strictly on the

basis of merit. Currently, the majority of the heads of ministries and departments in the civil

service were women.

8. In Barbados, there were 107 publicly funded educational facilities, which ranged from

the nursery level to the post-secondary and tertiary levels. Women were the heads of over 71

per cent of those institutions.

9. The delegation noted that achievements were not limited to the field of education, as

women in Barbados were not restricted in the number or type of occupations and posts that

they could occupy. They were also free to seek election to the House of Assembly and be

elected by the people.

10. Primary care and environmental health services were offered to all Barbadians and

permanent residents free at the point of delivery. All pregnant women living in Barbados

could access obstetric care within the network of polyclinics or at the Queen Elizabeth

Hospital. Consequently, Barbados did not have a high rate of maternal mortality.

11. The delegation noted that, on the matter of conferring citizenship to a spouse, the

Constitution of Barbados was amended by the Constitution (Amendment) Act (2000-18) and

provided, in section 3A (1) (b), for citizenship to be granted to the spouses of Barbadian-born

men, as well as those of Barbadian-born women.

12. In addition, a person born outside Barbados after 29 November 1966 was entitled to

Barbadian citizenship at birth if at least one parent was a Barbadian citizen by birth.

13. The Domestic Violence (Protection Orders) Act had been amended by the Domestic

Violence (Protection Orders) (Amendment) Act, 2016, which made provision for the

definition of the term “domestic violence” and made greater provision for the safety of

victims and children. The amendment enabled more persons to apply for orders, defined new

types of abuse and gave the police additional powers. The amendment also included a

mandatory reporting protocol and acknowledged that allowing a child to observe domestic

violence was a form of abuse. Work continued on the Juvenile Justice Bill, in which the term

“child” was defined as a person under the age of 18 years.

14. The Government of Barbados viewed all violence as a cause for concern. While

Barbados had the appropriate legislative and administrative measures to combat domestic

violence and the physical abuse of children, cooperation to strengthen current initiatives

would be welcomed. To strengthen its ability to craft or modify policy, Barbados had

requested access to programmes and training opportunities and assistance to develop and

deploy appropriate statistical indicators in furthering the cause of human rights.

15. An interministerial committee had been created to oversee, among other things, the

establishment of a national human rights institution. Such an institution would be broadly

responsible for promoting and protecting human rights in the country.

16. Barbados had ratified the Convention on the Rights of Persons with Disabilities on 27

February 2013 and the first draft of the Persons with Disabilities Bill was under review. The

Bill sought to give the Convention on the Rights of Persons with Disabilities the force of law

in Barbados.

17. The Employment (Prevention of Discrimination) Bill was also being developed to

cover areas such as the prevention of discrimination in job creation, recruiting and prevention

of discrimination in employment. The Bill imposed an obligation on employers to make

reasonable adjustments for the accommodation of persons with disabilities. It also created a

prohibition against testing for medical conditions.

18. Work was ongoing on the Building Standards Bill and Code. The Bill and Code sought

to impose building standards to address the needs of persons with disabilities.

19. The Road Traffic (Amendment) Act, 2017, amended the Road Traffic Act to insert a

new section to address parking for persons with disabilities.

20. The delegation announced that Barbados had well-established programmes for older

persons, which were premised on the concepts of “active ageing” and “ageing in place”. That

was necessary as Barbadians continued to live longer and the country continued to record

high numbers of centenarians. Statistics compiled as of May 2016 indicated that there were

114 centenarians alive on the island, of whom 103 were women and 11 men. Furthermore,

that number contained 14 persons, 13 women and 1 man, considered to be semi-super

centenarians, with ages ranging from 105 to 109.

21. While life expectancy was important, the quality of life was also essential. The

Government had, therefore, produced initiatives to encourage enjoyment of life regardless of

age. The Active Ageing programme, for example, sought to keep older persons active for as

long as possible. Government-sponsored activities allowed older persons to engage in

varying forms of exercise, drama, dance and craft, while in the National Senior Games, older

persons competed against each other in track and field and fun events. Ageing in Place was

an alternative programme to institutional care, in which older persons were afforded the

opportunity to stay in their own homes. Under the Home Care programme, clients were given

the required support by trained staff in order to maintain their independence.

22. The Ministry of Social Care, Constituency Empowerment and Community

Development had been collaborating with the Office of the Chief Parliamentary Counsel to

provide legislation that addressed those issues relating to older persons that fell under the

aegis of the National Assistance Board, which had primary responsibility for protecting and

promoting the rights of older persons.

23. The Committee to Monitor the Implementation of the National Policy on Ageing had

been established. The Committee was considering the issues of elder abuse and the

introduction of an elder abuse protocol, as recommended in the Policy.

24. The Government, having received the comments and recommendations of the

Committee, was committed to revamping the National Assistance Board to create a new

institution that would become the focal point for the legislative affairs of older persons. It

was also expected that, as a result of the National Policy on Ageing, there would be legislation

dealing with elder abuse and support for caregivers as an incentive to keep their elderly

relatives at home and within the community as long as possible.

25. The Government had continued its efforts to improve the professionalism of the Royal

Barbados Police Force. In doing so, it had enhanced citizen security and broadened the focus

of the Police Force from crime control to the pursuit of the goals identified through

consultation with key stakeholders.

26. With regard to professionalization, polygraph testing had been introduced for all police

officers at entry level and the Police Force had also started phasing in video recording of

police interviews. The Evidence (Amendment) Act came into operation with effect from 15

December 2017 to make provision for sound recordings, video identification and other

related matters.

27. Elements of accountability within the Police Force included the Police Disciplinary

Code, as enshrined in the laws of Barbados, and the use of a disciplinary mechanism that

included the Office of Professional Responsibility, the Police Complaints Authority and the

Office of the Ombudsman. Members of the Police Force also continued to receive human

rights training, which was routinely conducted by a range of qualified professionals.

28. The Government was in the process of furthering draft labour legislation. For example,

the Employment (Prevention of Discrimination) Bill, which dealt specifically with the right

to work and to just and favourable conditions of work. The Bill sought to protect persons

from discrimination related to employment on the basis of race, origin, political opinion,

colour, creed, sex, social status, marital or domestic partnership status, pregnancy, maternity,

family responsibility, medical condition, disability and age.

29. The Government had enacted the Employment Sexual Harassment (Prevention) Act,

2017. The legislation provided for the protection of employees, in both the public and private

sectors, from sexual harassment at their workplaces. It also provided a framework for the

reporting of sexual harassment cases by employees and a method of resolving such cases,

and established a procedure for the hearing and determination of matters related to sexual

harassment.

30. There was no political mandate to legalize same-sex relationships. Similarly, there was

no national consensus on the issue of repealing the country’s laws on buggery.

31. Same-sex relations were not criminalized in legislation, what was criminalized was

buggery, and there was no intervention by the law between consenting adults. However, in a

case in which a minor was involved, or in the case of non-consenting adults, prosecution was

possible against the offender.

32. Barbados stated that the Cabinet had given its approval to ratify the United Nations

Convention against Corruption and to accede to the Inter-American Convention against

Corruption.

33. Barbados had also ratified the Arms Trade Treaty and the United Nations Convention

against Transnational Organized Crime and its Protocols. In addition, it had replaced the

Transnational Organized Crime (Prevention and Control) Act, 2013, with the Trafficking in

Persons Prevention Act, 2016, in order to prevent and deter human trafficking in several areas.

34. The Government would continue to review treaties and give consideration to the

signing of treaties and optional protocols within the limits of its capacities to live up to the

reporting obligations.

35. There continued to be no national consensus or bipartisan support for the abolition of

capital punishment at the time. Barbados highlighted that there remained a de facto

moratorium on the application of the death penalty since there had been no executions in

Barbados since 1984.

36. On the issue of the mandatory death penalty, legislation was being reviewed to provide

for the abolition of the mandatory imposition of the death penalty and preparations were

being finalized for its submission to Cabinet prior to its introduction to Parliament. The

Offences Against the Person (Amendment) Bill, 2014, was the focal point of efforts to

address the removal of the mandatory imposition of the death penalty. The object of the Bill

was to amend section 2 of the Offences Against the Person Act so as to abolish the mandatory

imposition of the death penalty for murder.

37. Barbados intended to improve on its human rights reporting record and had already

started doing so. The National Human Rights Coordinating Committee was the Barbadian

form of a national mechanism for reporting and follow-up. Even with the creation of the

Committee, certain constraints regarding human resources and finances remained as

significant hurdles to timely implementation, reporting and follow-up.

38. The establishment of a national human rights institution was being considered by the

interministerial National Human Rights Coordinating Committee. It was expected that

recommendations would be made by that body on the form and steps to be taken that would

result in the establishment of a national human rights institution.

39. The Government reiterated its commitment to pursuing the promotion of human rights

at home and abroad and working with States and all other stakeholders in that most important

exercise.

B. Interactive dialogue and responses by the State under review

40. During the interactive dialogue, 52 delegations made statements. Recommendations

made during the dialogue are to be found in section II of the present report.

41. Indonesia welcomed the ratification of the Convention on the Rights of Persons with

Disabilities, the adoption of the Domestic Violence (Protection Orders) (Amendment) Act,

2016, the creation of the Partnership for Peace programme and measures to combat domestic

violence in Barbados.

42. Ireland commended Barbados on the adoption of the Domestic Violence (Protection

Orders) (Amendment) Act and the establishment of the Family Conflict Intervention Unit,

noting with concern the high prevalence of gender-based violence. It encouraged Barbados

to decriminalize consensual homosexual relations, to protect lesbian, gay, bisexual,

transgender and intersex persons from discrimination and provide the special procedure

mandate holders with a standing invitation. It noted with regret that the legislation to abolish

the death penalty remained pending.

43. Italy praised Barbados for its efforts to fight domestic violence and sexual harassment

by adopting new legislation and ratifying the Convention on the Rights of Persons with

Disabilities and the Convention against Transnational Organized Crime, in particular its

Protocols.

44. Jamaica commended Barbados for its progress in education and housing as well as

police training. It noted with appreciation the work of the Bureau of Gender Affairs to

eliminate gender discrimination and domestic violence, the launch of the National Youth

Parliament and the proclamation of the Safety and Health at Work Act.

45. Libya applauded the establishment of the National Human Rights Coordinating

Committee and measures taken in the area of human rights outlined in the national report. It

welcomed the plans to set up family courts in Barbados.

46. Maldives commended Barbados for the establishment of the National Human Rights

Coordinating Committee and noted with appreciation the efforts made in adopting the

Domestic Violence (Protection Orders) (Amendment) Act and the Employment Sexual

Harassment (Prevention) Act, 2017.

47. Mexico welcomed the ratification of the Convention on the Rights of Persons with

Disabilities in 2013, which would extend the legal framework for the protection of that group

of persons. Mexico recognized the work that had been done to realize the Sustainable

Development Goals through a follow-up mechanism to measure the progress in their

implementation. Mexico highlighted the efforts of Barbados to foster the capacity and

technical assistance in the presentation of the reports of the national mechanisms for reporting

and follow-up to the major international human rights instruments.

48. Montenegro welcomed the efforts to achieve high literacy rates among women and girls

and gender parity in education, calling on Barbados to adopt legislation against

discrimination on the basis of gender. It encouraged Barbados to intensify its cooperation

with OHCHR and, if necessary, to seek technical assistance to fulfil its reporting obligations

and harmonize its legislation with international human rights standards, particularly with the

Convention on the Rights of the Child.

49. Morocco noted with satisfaction the efforts to ensure gender equality in education and

to implement a plan to promote sustainable social and economic development and a regional

project to improve access to justice. It also praised the measures taken by Barbados in order

to ensure integration and protection of persons with disabilities by ratifying the Convention

on the Rights of Persons with Disabilities.

50. Mozambique welcomed the adoption of the Domestic Violence (Protection Orders)

(Amendment) Act, programmes to combat intergenerational poverty focused on women and

legislative instruments to align national laws with international human rights instruments. It

also praised Barbados for the establishment of a family conflict prevention unit.

51. Namibia noted that Barbados remained committed to the promotion and protection of

human rights regardless of the many challenges, such as the effects of climate change or lack

of resources and capacity to implement policies and programmes. It welcomed efforts to

establish the National Human Rights Coordinating Committee and to adopt the Domestic

Violence (Protection Orders) (Amendment) Act and the Employment Sexual Harassment

(Prevention) Act.

52. The Netherlands commended Barbados for the adoption of the Domestic Violence

(Protection Orders) (Amendment) Act, expressing concern about the prevalence of gender-

based violence, particularly domestic violence and sexual abuse. It noted that there seemed

to be underreporting of gender-based violence cases and a lack of shelters for victims of that

crime.

53. New Zealand praised Barbados for its commitment to abolishing the death penalty for

murder, as well as the steps it had taken to establish a national committee for monitoring the

rights of the child, and to ratifying the Convention on the Rights of Persons with Disabilities.

It also welcomed the commitment by Barbados to reduce social inequalities through the

Persons with Disabilities Bill.

54. Peru recognized the progress that had been made in the human rights situation. It

praised Barbados for its efforts to implement the school programme on positive behaviour

management and the campaign “Break the Silence”. It hoped that the current cycle would

contribute to the improvement of human rights in the country.

55. The Philippines noted achievements in promoting an effective judiciary and freedom

of speech and of the press, acknowledging the efforts to maintain an enabling environment

for national and international human rights groups. It commended Barbados for its

appropriate legislation on employment rights.

56. Portugal applauded the ratification of the Convention on the Rights of Persons with

Disabilities and adoption of the Domestic Violence (Protection Orders) Act.

57. The Republic of Korea welcomed the expanded role of the National Human Rights

Coordinating Committee in conducting research and working to establish a national human

rights institution. It also noted with appreciation the work on a framework policy to combat

gender discrimination in Barbados.

58. Senegal commended Barbados for the ratification, in 2013, of the Convention on the

Rights of Persons with Disabilities and for its cooperation with the special procedure mandate

holders. It also commended Barbados for the creation of a national mechanism for reporting

and follow-up, participation in the initiatives of the Human Rights Council and activities

related to the rights of women, children and persons with disabilities.

59. Sierra Leone applauded the commitment of Barbados to human rights in spite of various

financial challenges. It welcomed the creation of a national mechanism for reporting and

follow-up and encouraged Barbados to accede to the Convention relating to the Status of

Refugees and its 1967 Protocol; withdraw its reservation to the Convention relating to the

Status of Stateless Persons; and ratify the Convention on the Reduction of Statelessness.

60. Singapore welcomed the ratification by Barbados of the Convention on the Rights of

Persons with Disabilities. It commended initiatives such as the technology programme to

improve educational outcomes for blind and visually impaired children and welcomed efforts

by Barbados to enhance women’s rights, particularly through its draft national policy on

gender. It also commended Barbados for its efforts to promote the human rights of its people

and safeguard their economic and social rights, while confronting its economic challenges.

61. Slovenia commended Barbados for the ratification of the Convention on the Rights of

Persons with Disabilities and encouraged the country to extend a standing invitation to all

special procedure mandate holders and respond positively to their requests for official visits.

62. The State of Palestine encouraged Barbados to extend a standing invitation to special

procedure mandate holders. It also welcomed the efforts by Barbados to empower women

and realize gender equality, including through the drafting of a national policy on gender,

and commended the country for the steps it had taken in the area of education, in particular

for children with disabilities.

63. Timor-Leste noted with appreciation that Barbados had drafted a national policy on

gender. It welcomed the adoption of the Domestic Violence (Protection Orders) (Amendment)

Act, 2016, and the establishment, in 2013, of the Family Conflict Intervention Unit. It also

commended Barbados for promoting human rights training among members of the Police

Force.

64. Trinidad and Tobago acknowledged the progress of Barbados in improving its human

rights framework. It also appreciated the steps taken to address domestic violence, including

by establishing the Family Conflict Intervention Unit and updating relevant legislation, and

acknowledged the efforts made to improve the Police Force. It was pleased by the ratification

of the Convention on the Rights of Persons with Disabilities and welcomed the efforts of

Barbados to improve the lives of such persons.

65. Ukraine acknowledged the positive steps taken by Barbados with respect to the

implementation of the recommendations accepted during previous cycles, in particular the

ratification of the Convention on the Rights of Persons with Disabilities and improvements

in the professionalism of the Police Force. It encouraged Barbados to take further measures

to advance human rights.

66. The United Kingdom welcomed the commitment by Barbados to protect and promote

human rights, especially the rights of children, but noted the need for further progress in the

area of violence against women and the protection of lesbian, gay, bisexual and transgender

persons against discrimination. It urged Barbados to amend the legislation so as to abolish

the mandatory death penalty and noted that the country did not have a national human rights

institution.

67. The United States of America was pleased to note the strong respect of Barbados for

human rights. Nevertheless, it was concerned about lengthy pretrial detention, insufficient

action on corruption and reports of sex trafficking of children.

68. Uruguay welcomed the progress and legislative reforms of Barbados in combating

discrimination against women. It also welcomed the new legislation that was being

elaborated by the Government aimed at reducing discrimination against various vulnerable

groups.

69. The Bolivarian Republic of Venezuela welcomed the progress made by Barbados in

implementing the recommendations it had accepted during the previous cycles of the

universal periodic review. It noted numerous positive developments, including the

ratification of the Convention on the Rights of Persons with Disabilities, the country’s high

level of human development and the implementation of programmes to fight extreme poverty.

It also noted progress in the field of adequate housing and the empowerment of women.

70. Algeria welcomed the progress made by Barbados since its second universal periodic

review and commended it for the implementation of a development plan aimed at promoting

lasting social development. It also welcomed the efforts of Barbados in the field of education,

health and poverty reduction.

71. Angola commended Barbados for the implementation of the recommendations from the

last universal periodic review and the adoption, in 2016, of legislation ensuring better

protection for women. It appealed to OHCHR and other United Nations agencies to continue

engaging with Barbados on capacity-building and technical assistance.

72. Argentina welcomed the delegation of Barbados and thanked it for the presentation of

its national report.

73. Australia commended the progress in promoting and protecting human rights, including

ratification of the Convention on the Rights of Persons with Disabilities. It was concerned

that lesbian, gay, bisexual, transgender and intersex persons continued to be subject to

discrimination. It was seriously concerned with the perpetration of violence and abuse against

women and children. Australia acknowledged the commitment of Barbados to end the courts’

use of the death penalty as a sentence, while it was concerned at the delay in its

implementation.

74. Azerbaijan commended Barbados for the progress it had achieved in addressing the

recommendations it had received during the last cycle. It appreciated the wide range of

legislative and institutional measures undertaken by Barbados to further improve the

protection and promotion of human rights, including throughout the policies pursued with

regard to the right to education, the right to health, gender equality, domestic violence and

the rights of persons with disabilities. It congratulated Barbados for ratifying the Convention

on the Rights of Persons with Disabilities.

75. The Bahamas congratulated Barbados on its commitment to the protection and

promotion of human rights, while noting that Barbados faced challenges due to its

vulnerability to external shocks. Despite that, Barbados had ratified the Convention on the

Rights of Persons with Disabilities and made legislative reforms through the promulgation

of the Domestic Violence (Protection Orders) (Amendment) Act, 2016, and the Employment

Sexual Harassment (Prevention) Act, 2017.

76. Belgium acknowledged the positive steps taken by Barbados with respect to the

implementation of recommendations accepted during the second cycle. However, it was

convinced that further progress could still be achieved to increase the protection of human

rights in line with the core international human rights treaties. Belgium attached a lot of

importance to the rights of the child in Barbados.

77. Brazil appreciated the efforts made by Barbados to abolish the mandatory death penalty

in cases of murder. It praised the de facto moratorium on this kind of punishment, as no

execution had been applied since 1984. It commended the initiatives of the high-level

authorities in support of tolerance and respect for the rights of lesbian, gay, bisexual,

transgender and intersex persons. It praised the high literacy rates among women and the

gender parity at the primary and secondary school levels. However, it expressed its concern

about the situation of victims of domestic violence.

78. Canada commended the Government’s adoption of the Employment Sexual

Harassment (Prevention) Act, 2017. It welcomed the launch in Barbados of the Model

Guidelines for Sexual Offence Cases in the Caribbean Region in 2017 — the first country in

the region to do so. The Model Guidelines provided internationally accepted best practices

for the management of sexual offence cases, and offered a rights-based approach to the

treatment of complaints and vulnerable witnesses, including children, involved in sexual

assault cases.

79. Chile was pleased that Barbados had ratified the Convention on the Rights of Persons

with Disabilities, a recommendation that it had accepted in the second cycle, and encouraged

the country to continue working for its effective implementation. The adoption of the

Trafficking in Persons Prevention Act, which criminalized various forms of trafficking in

human beings, was a substantial step forward in the fight against trafficking and modern

forms of slavery. It commended Barbados for applying this Act, while taking into special

consideration the situation of women and children.

80. China noted the Growth and Development Strategy 2013–2020 of Barbados in

promoting economic and social development, and the protection of the rights to education

and health by providing free education and health services. It also noted that Barbados had

made positive progress in promoting gender equality, protecting the rights of women,

children, the disabled and other vulnerable groups, and combating domestic violence.

81. Côte d’Ivoire commended the efforts of Barbados to promote and protect human rights.

It welcomed the ratification of the Convention on the Rights of Persons with Disabilities, and

encouraged taking the necessary measures for its effective implementation. It appreciated the

cooperation of Barbados with OHCHR and other United Nations mechanisms, particularly

with regard to capacity-building and technical assistance in the field of human rights.

82. Cuba commended Barbados for maintaining a constant commitment to the promotion

and protection of human rights. It emphasized that free education and health systems had

been maintained, and a social welfare system reached the most needy. It also noted the actions

to promote the participation of young people in political processes, such as the creation of

the National Youth Parliament. It highlighted the actions that had been carried out to combat

domestic violence and those that were being applied to gender issues.

83. Denmark stated that ensuring full and effective gender equality and the protection of

women and girls against all forms of discrimination were crucial when seeking to advance

the respect for and protection of human rights and should be a key objective also in relation

to ensuring socially and economically sustainable societies. It noted that during the second

cycle, it was recommended that Barbados ratify the Convention against Torture and Other

Cruel, Inhuman or Degrading Treatment or Punishment. By ratifying the Convention,

Barbados would join more than 160 States parties in the unequivocal message that torture

could never be tolerated. Denmark urged Barbados to explore assistance through the

Convention against Torture Initiative.

84. Ecuador expressed its appreciation for the efforts of Barbados to comply with the

recommendations received in its second cycle, especially for its legislation against different

types of discrimination, which sought to guarantee the rights of historically marginalized

groups. Ecuador also highlighted the ratification of the Convention on the Rights of Persons

with Disabilities as a significant step forward in the protection and promotion of the rights of

that group, and it wished Barbados every success in their proper implementation.

85. France welcomed the progress made in Barbados since 2013 in combating domestic

violence against women, the creation of the Bureau of Gender Affairs and the launch of

programmes that had led to a reduction in the number of recorded incidents of violence. It

also welcomed the fact that Barbados had strengthened equality between men and women

and made progress in combating violence against children.

86. Georgia noted with appreciation the ratification of the Convention on the Rights of

Persons with Disabilities by Barbados and encouraged the country to accelerate its efforts

towards elaboration of a national policy on disability. It welcomed the steps aimed at tackling

domestic violence through passing the Domestic Violence (Protection Orders) (Amendment)

Act, as well as establishment of the Family Conflict Intervention Unit. It underlined the

importance of further strengthening policies in that regard.

87. Germany commended Barbados for its ratification of the Convention on the Rights of

Persons with Disabilities and its efforts to draft anti-discrimination law. However, it remained

concerned about the death penalty and corporal punishment of children.

88. Guyana congratulated Barbados on the establishment of the National Human Rights

Coordinating Committee and looked forward to learning about the experience of establishing

a national human rights institution. The draft gender policy currently under review and the

creation of the Family Conflict Intervention Unit should be lauded as concrete initiatives in

further addressing gender equality and especially the challenge of domestic violence and

violence against women and children.

89. Haiti noted the progress and participation of Barbados in a regional project to improve

access to justice, especially for women, and its efforts to adopt a draft law on juvenile justice

and create a family court.

90. Honduras recognized and congratulated Barbados for the actions and measures taken

to implement the recommendations received in the previous cycle. Honduras commended the

commitment of Barbados to the realization of the 2030 Agenda for Sustainable Development.

Honduras was convinced of the opportunity offered by this new framework for the realization

of all human rights and welcomed the establishment of a new mechanism for the achievement

of the Sustainable Development Goals.

91. Iceland welcomed the progress Barbados had made in the promotion of human rights,

including the ratification of the Convention on the Rights of Persons with Disabilities.

92. India commended the improving social welfare system of Barbados, particularly for

older persons, children and the unemployed, the facilitation measures taken by the National

Disabilities Unit for the disabled to access education and transportation, and the provision of

decent, safe and affordable housing to all. It appreciated the implementation of the

Employment Rights Act, 2012, the ratification of the Convention on the Rights of Persons

with Disabilities, the launching of the National Youth Parliament and the establishment of a

national human rights institution.

93. The head of the delegation of Barbados thanked those who had shown appreciation of

the country’s efforts, those who were able to identify with the resource challenges that the

country faced, and those members who contributed to the Voluntary Technical Assistance

Trust Fund to Support the Participation of Least Developed Countries and Small Island

Developing States in the Work of the Human Rights Council.

94. The process of concluding the universal periodic review involved interaction with

various organizations, stakeholders and NGOs. It forced Barbados to look at how the country

was progressing in several areas and served to highlight those in which assistance was needed.

It was a very useful exercise in that regard.

95. The head of the delegation concluded by restating the country’s firm commitment to

the observance and furtherance of human rights. Barbados would continue to implement its

human rights obligations and, therefore, anticipated ongoing dialogue and, where appropriate,

technical and other cooperation, to further that work.

II. Conclusions and/or recommendations

96. The following recommendations will be examined by Barbados, which will provide

responses in due time, but no later than the thirty-eighth session of the Human Rights

Council:

96.1 Take steps towards the full abolition of the death penalty, including

ratification of the Second Optional Protocol to the International Covenant on

Civil and Political Rights (New Zealand);

96.2 Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights, aiming at the abolition of the death penalty (Ukraine);

96.3 Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights, aiming at the abolition of the death penalty, and take

the necessary measures to repeal the death penalty in its legislation (Argentina);

96.4 Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights, aiming at the abolition of the death penalty (Belgium);

96.5 Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights, aiming at the abolition of the death penalty (Côte

d’Ivoire);

96.6 Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights, aiming at the abolition of the death penalty (Georgia);

96.7 Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights, aiming at the abolition of the death penalty (Iceland);

96.8 Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights, aiming at the abolition of the death penalty

(Montenegro);

96.9 Consider ratifying the International Convention against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment (Brazil);

96.10 Advance towards the ratification of the Convention against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment (Chile);

96.11 Ratify the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment (Côte d’Ivoire);

96.12 Ratify the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment (Denmark);

96.13 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (Senegal);

96.14 Consider adhering to the International Convention on the Protection of

the Rights of All Migrant Workers and Members of Their Families (Ecuador);

96.15 Consider ratifying the Convention against Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment and the International

Convention on the Protection of the Rights of All Migrant Workers and

Members of Their Families (Indonesia);

96.16 Ratify the Convention against Torture and its Optional Protocol, and the

Second Optional Protocol to the International Covenant on Civil and Political

Rights, aiming at the abolition of the death penalty (Portugal);

96.17 Ratify the International Convention for the Protection of All Persons

from Enforced Disappearance (Senegal);

96.18 Accede to the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment, the International Convention on the

Protection of the Rights of All Migrant Workers and Members of Their Families

and the International Convention for the Protection of All Persons from

Enforced Disappearance (Sierra Leone);

96.19 Consider ratifying the Convention against Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment and the Second Optional

Protocol to the International Covenant on Civil and Political Rights, aiming at

the abolition of the death penalty (Slovenia);

96.20 Ratify other key international treaties, including the International

Convention for the Protection of All Persons from Enforced Disappearance, the

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment

or Punishment and its Optional Protocol, and the Optional Protocols to the

Convention on the Rights of the Child (Ukraine);

96.21 Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights, aiming at the abolition of the death penalty, and the

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment

or Punishment (Uruguay);

96.22 Direct adequate resources to support agencies responsible for the

prevention of and response to violence against women and children, and accede

to the Optional Protocol to the Convention on the Elimination of All Forms of

Discrimination against Women (Australia);

96.23 Consider ratifying the Convention against Torture and the Optional

Protocols to the Convention on the Rights of the Child (Azerbaijan);

96.24 Ratify the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment, as well as the International Convention

for the Protection of All Persons from Enforced Disappearance (Belgium);

96.25 Ratify the Optional Protocol to the United Nations Convention on the

Elimination of All Forms of Discrimination against Women (Denmark);

96.26 Ratify the Convention against Torture and its Optional Protocol

(Germany);

96.27 Consider ratifying the main international instruments on human rights,

particularly those on children, migrants, torture and the death penalty (Haiti);

96.28 Ratify the Optional Protocols to the Convention on the Rights of the

Child, on the sale of children, child prostitution and child pornography and on

the involvement of children in armed conflict; the International Convention for

the Protection of All Persons from Enforced Disappearance; the International

Convention on the Protection of the Rights of All Migrant Workers and

Members of Their Families; the Convention against Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment and its Optional Protocol; and

the Second Optional Protocol to the International Covenant on Civil and Political

Rights, aiming at the abolition of the death penalty (Honduras);

96.29 Ratify the Convention relating to the Status of Refugees of 1951 and its

Protocol and also consider the possibility of withdrawing its reservation to the

Convention relating to the Status of Stateless Persons of 1954 and ratify the

Convention on the Reduction of Statelessness of 1961 (Honduras);

96.30 Continue efforts to ratify international instruments, such as the

Convention against Torture and the International Convention for the Protection

of All Persons from Enforced Disappearance (Morocco);

96.31 Present overdue reports to the human rights treaty bodies (Ukraine);

96.32 Adopt an open, merit-based selection process when selecting national

candidates for United Nations treaty body elections (United Kingdom of Great

Britain and Northern Ireland);

96.33 Consider issuing a standing invitation to all special procedure mandate

holders (Georgia);

96.34 Continue efforts in establishing an independent national human rights

institution in accordance with the Paris Principles (Indonesia);

96.35 Finalize the process of establishing a national human rights institution

in line with the Paris Principles (Ukraine);

96.36 Establish an independent national human rights institution in

accordance with the Paris Principles (Germany);

96.37 Consider creating an independent national human rights institution in

accordance with the Paris Principles (Haiti);

96.38 Establish a national human rights authority in accordance with the Paris

Principles (Honduras);

96.39 Continue its efforts to establish a national human rights institution

(India);

96.40 Maintain its commitment to respect human rights, particularly through

legislative measures (Cuba);

96.41 Intensify efforts aimed at finalizing the various pending human rights-

related legislation, including the draft national gender policy, the Offences

Against the Person (Amendment) Bill and the draft Juvenile Justice Bill

(Namibia);

96.42 Enact legislation that ensures protection from discrimination on the

grounds of sexual orientation or gender identity in the areas of employment,

health care and education (Netherlands);

96.43 Repeal all legal provisions that discriminate against persons on the

grounds of their sexual orientation and gender identity, including the relevant

language in the Sexual Offences Act (United Kingdom of Great Britain and

Northern Ireland);

96.44 Repeal the provisions that criminalize consensual homosexual relations,

notably those contained in the Sexual Offences Act, and establish policies to

combat discrimination, prejudice and violence based on sexual orientation and

gender identity (Iceland);

96.45 Immediately repeal laws that criminalize consensual same-sex adult

sexual relations (Canada);

96.46 Include lesbian, gay, bisexual, transgender and intersex persons in new

legislation to prohibit any type of discrimination or violence based on sexual

orientation or gender identity (Uruguay);

96.47 Consider repealing provisions that criminalize homosexuality (Italy);

96.48 Amend its criminal code to decriminalize consensual same-sex acts, and

to take steps to implement legislative and public policy measures to protect the

rights of lesbian, gay, bisexual, transgender and intersex persons (Australia);

96.49 Combat discrimination, prejudice and violence based on sexual

orientation and gender identity through legislative reform and the adoption of

awareness-raising measures (Canada);

96.50 Adopt legal measures to protect lesbian, gay, bisexual, transgender and

intersex persons against violence and discrimination based on sexual orientation

or gender identity (Chile);

96.51 Decriminalize same-sex relationships and combat discrimination against

lesbian, gay, bisexual, transgender and intersex persons (France);

96.52 Establish the necessary normative framework to combat discrimination

on the grounds of sex, sexual orientation or gender identity in order to promote

sexual inclusion and gender equality (Mexico);

96.53 Engage in public education and sensitization campaigns about the rights

of lesbian, gay, bisexual and transgender persons (Timor-Leste);

96.54 Take measures to decriminalize consensual sexual relations between

adults of the same sex (Uruguay);

96.55 Consider abolishing the death penalty (Mozambique);

96.56 Enact legislation to abolish the mandatory death penalty, in line with

previously accepted recommendations, and commute the sentences of all persons

currently on death row to life imprisonment (Ireland);

96.57 Speed-up the process to remove provisions in national law that provide

for the mandatory imposition of the death penalty (Italy);

96.58 Permanently abolish the death penalty in continuation of Barbados de

facto moratorium (France);

96.59 Abolish the death penalty for all crimes and ratify the Second Optional

Protocol to the International Covenant on Civil and Political Rights (Germany);

96.60 Consider establishing an official moratorium on the death penalty, with

a view to totally abolishing it, while noting that the country has maintained a de

facto moratorium for more than 30 years (Namibia);

96.61 Impose a moratorium on the mandatory death penalty (Timor-Leste);

96.62 Promote a national debate on capital punishment and consider the

adoption of a de jure moratorium on executions with a view to abolishing the

death penalty (Italy);

96.63 Consider applying a moratorium on the death penalty (Angola);

96.64 Establish a formal moratorium on the death penalty, as a step towards

the complete abolition of this practice (Australia);

96.65 Consider the abolition of the death penalty, while adopting a de facto

moratorium on the death penalty (Chile);

96.66 Establish a mandatory moratorium on the use of the death penalty in

conformity with the international standards on the matter (Mexico);

96.67 Continue to work towards reducing the reported incidences of abuse of

force by the Police Force, through ongoing training and improved internal

investigation techniques (Jamaica);

96.68 Address the backlog and undue delays in scheduling of court dates and

appearances of juries and defendants, including by creating an accurate and

transparent online case-tracking system, in order to ensure that all criminal

defendants are afforded fair trial guarantees and equality before the courts

consistent with the country’s international obligations (United States of America);

96.69 Consider raising the age of criminal responsibility for children and to

reverse the practice of trying persons aged 16 as adults (Namibia);

96.70 Increase the age of criminal responsibility, in line with the

recommendations made by the United Nations human rights mechanisms

(Republic of Korea);

96.71 Raise the minimum age of criminal responsibility to more than 11 years

(Sierra Leone);

96.72 Raise the age of criminal responsibility for all types of offences (Haiti);

96.73 Move forward with the enactment and implementation of the Juvenile

Justice Bill (Bahamas);

96.74 Expedite the adoption of the Juvenile Justice Bill in order to, inter alia,

outlaw the use of corporal punishment as a criminal sanction (Belgium);

96.75 Promulgate the Prevention of Corruption Act of 2012 (United States of

America);

96.76 Adopt a national policy on trafficking in persons (Trinidad and Tobago);

96.77 Address trafficking in persons, particularly by providing adequate

resources to government agencies for training and furthering anti-trafficking

efforts, as well as providing sufficient resources for victim care (Philippines);

96.78 Continue to fight against human trafficking and to protect its victims, in

particular by providing support and assistance to women and girls trafficked for

the purposes of prostitution and forced labour (Portugal);

96.79 Increase efforts to stop and prevent human trafficking, initially by fully

enforcing existing laws and increasing funds to do so (Republic of Korea);

96.80 Develop a national action plan to combat human trafficking, ensuring

that it is allocated sufficient human and financial resources (United Kingdom of

Great Britain and Northern Ireland);

96.81 Step up efforts to prosecute human traffickers, including child sex

traffickers, and identify and assist victims of this crime (United States of

America);

96.82 Continue efforts to combat trafficking in human beings, in particular

through appropriate care and programmes to assist victims and facilitate their

reinsertion into society (Morocco);

96.83 Amend national legislation to ensure equality in nationality law,

facilitating the acquisition, changing and retention of nationality and allowing

mothers to transfer their nationality to their offspring regardless of whether or

not they are adopted (Sierra Leone);

96.84 Amend its laws to ensure gender equality between Barbadian mothers

and fathers with respect to their ability to transfer their nationality to their

children in all circumstances (Germany);

96.85 Amend national legislation to reflect the fact that any child born outside

of Barbados to a Barbadian citizen is entitled to citizenship by descent (Iceland);

96.86 Continue and, if possible, intensify programmes aimed at expanding the

participation of women in more varied fields of employment (Jamaica);

96.87 Continue to advance in its successful social policies, especially in the

areas of economic, social and cultural rights, in order to provide the greatest

possible welfare to its population (Bolivarian Republic of Venezuela);

96.88 Reinforce the programmes against the feminization of poverty (Peru);

96.89 Continue to promote economic and social sustainable development to lay

a solid foundation for people’s enjoyment of all human rights (China);

96.90 Include measures aimed at ensuring the transparent, efficient and

accountable delivery of public services in its national development strategy

(Azerbaijan);

96.91 Improve access to quality health-care services for all, including in remote

areas, and address the challenges of maternal mortality (Indonesia);

96.92 Continue to strengthen efforts to consolidate the national legal

framework by including provisions and laws on the right to education, to

improve access to quality education (Libya);

96.93 Include explicitly the right to education for all without discrimination in

its normative framework (Mexico);

96.94 Consider an explicit incorporation of the right to education in its

national legislation (Peru);

96.95 Continue to strengthen the institutions that promote local culture,

incorporating human rights training and awareness based on an approach that

sees human rights as complementary to Barbadian culture and nationalism

(Jamaica);

96.96 Elaborate a clear, appropriate policy and/or measures for pregnant

schoolgirls that allows them to remain in formal education, sit exams and then

return to school after giving birth, including through the use of approaches, such

as separate classes, that are aimed at breaking the cycles of poverty, teenage

pregnancy and domestic violence (Jamaica);

96.97 Approve and implement the national policy on gender (Philippines);

96.98 Advance the finalization of the national policy on gender (Bahamas);

96.99 Adopt legislation to outlaw discrimination based on gender, including in

employment (Republic of Korea);

96.100 Enhance efforts to combat gender stereotyping and gender inequality

(Portugal);

96.101 Expand its programmes aimed at eliminating the stereotypical portrayal

of gender in society and the workplace in order to reduce gender inequalities

(Singapore);

96.102 Continue its efforts to strengthen the understanding of equality of

women and men and ensure equal rights and opportunities for women (State of

Palestine);

96.103 Continue its efforts to promote gender equality and poverty reduction

(Timor-Leste);

96.104 Continue its efforts to address gender inequality as it relates to the

conference on nationality (Trinidad and Tobago);

96.105 Strengthen gender equality and ensure equal rights and opportunities

for women victims of converging forms of discrimination, particularly migrant

women and women belonging to religious minorities (Algeria);

96.106 Take effective measures to ensure gender equality (Angola);

96.107 Further promote gender equality and better protect the rights of women

and children (China);

96.108 Step up efforts to combat gender-based violence and provide adequate

redress and protection to women who are victim of such violence, for example by

establishing shelters, issuing and enforcing protection orders and enhancing

cooperation with NGOs that provide assistance and rehabilitation to victims

(Netherlands);

96.109 Take further steps to strengthen the implementation of legislation that

prohibits and penalizes abuse against women and children, as well as domestic

violence (Philippines);

96.110 Strengthen efforts in the fight against all forms of violence against

women and ratify the Optional Protocol to the Convention on the Elimination of

All Forms of Discrimination against Women (Portugal);

96.111 Accord high priority to the full implementation of legislation on gender-

based violence and ensure that perpetrators are prosecuted and adequately

punished (Ireland);

96.112 Enhance efforts to combat all forms of violence against women and

children (Italy);

96.113 Adopt specific legislation to prevent and combat sexual harassment in all

areas (Honduras);

96.114 Intensify efforts to bring national legislation on combating all forms of

discrimination into line with international standards (Georgia);

96.115 Continue efforts to combat violence and discrimination against women

and promote their inclusion in decision-making bodies (Morocco);

96.116 Improve the representation of women in decision-making positions in the

Parliament, Government and diplomatic service (Trinidad and Tobago);

96.117 Strengthen the Family Conflict Intervention Unit of the Royal Barbados

Police Force (Peru);

96.118 Harmonize legislation regarding the definition of a child, the

administration of juvenile justice, violence against children and custody with the

Convention on the Rights of the Child (Ecuador);

96.119 Make statutory provision for the draft mandatory reporting protocol on

child abuse (Bahamas);

96.120 Take steps to address issues raised by the Committee on the Rights of the

Child in 2017 with regard to the corporal punishment of children and continue

its efforts to educate the population on the negative impact of such punishment

(New Zealand);

96.121 Adopt measures with a view to eliminate corporal punishment in all

settings, in particular in schools (Slovenia);

96.122 Implement measures to prohibit corporal punishment as a disciplinary

sanction in schools and at home (Uruguay);

96.123 Take steps to prohibit corporal punishment, especially at school (Italy);

96.124 Take the necessary measures to repeal all legislation allowing corporal

punishment (Argentina);

96.125 Outlaw the use of corporal punishment, especially in criminal and

educational settings, in accordance with international human rights standards

(Brazil);

96.126 Continue to combat violence against children, which is a worrying

phenomenon in Barbados, in particular by providing the Child Care Board with

additional financial and human resources (France);

96.127 Abolish corporal punishment (Germany);

96.128 Call on international technical assistance to review the legal framework

in respect of certain traditional social attitudes and, in particular, corporal

punishment, with a view to follow up on paragraph 14 of the recommendations

from the first cycle and paragraphs 102.80, 102.81, 102.82, 102.83, 102.84, 102.85

and 102.86 of those from the second cycle (Haiti);

96.129 Prohibit corporal punishment of children in all settings (Montenegro);

96.130 Take the necessary measures to combat discrimination against migrant

children and children with disabilities. Existing laws prohibiting discrimination

should be fully implemented, including by intensifying awareness campaigns

aimed at combating negative social attitudes towards these children (Algeria);

96.131 Continue to seek parliamentary approval for the Persons with

Disabilities Bill and take concrete steps towards its implementation (New

Zealand);

96.132 Continue to explore creative and practical applications of technology to

support persons with disabilities and to better integrate them into society

(Singapore);

96.133 Continue its efforts to ensure that persons with disabilities have equal

access to education and health services (State of Palestine);

96.134 Pursue legislative action to implement its obligations under the

Convention on the Rights of Persons with Disabilities (Australia);

96.135 Continue effective measures to ensure that children with disabilities have

access to special health care, including early detection and intervention

programmes (Maldives);

96.136 Establish national legislation on refugees that promotes and protects

their rights in compliance with international standards (Sierra Leone);

96.137 Fully implement existing laws protecting the rights of migrant workers,

especially any discrimination against migrant women and children, particularly

in the areas of education, housing and access to health care (Guyana).

97. All conclusions and/or recommendations contained in the present report reflect

the position of the submitting State(s) and/or the State under review. They should not

be construed as endorsed by the Working Group as a whole.

Annex

Composition of the delegation

The delegation of Barbados was headed by Hon. Steven Blackett, M.P. Minister of

Social Care, Constituency Empowerment and Community Development, and composed of

the following members:

• H.E. Mr. Bentley Gibbs, Ambassador/Permanent Representative Permanent Mission

of Barbados;

• Mr. Valton Bend, Ombudsman;

• Mr. Hughland Allman, Deputy Permanent Representative;

• Mr. Jeffrey Kellman, Deputy Permanent Secretary;

• Ms. Shawn Belle, Senior Parliamentary Counsel;

• Dr. Ricardo Kellman, Foreign Service Officer.