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COMMITTEE ON RIGHTS OF CHILD BEGINS REVIEW OF REPORT OF ST. KITTS AND NEVIS
21 May 1999
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20.05.1999
COMMITTEE ON RIGHTS OF CHILD BEGINS REVIEW OF
REPORT OF ST. KITTS AND NEVIS
The Committee on the Rights of the Child began consideration this morning of an initial report from St.
Kitts and Nevis, querying a Government delegation, among other things, about what was being done to
reduce teen-age pregnancy and out-of-wedlock births, and about a shortage of statistical data on matters
related to children.
Introducing the report, Sam Condor, Deputy Prime Minister of St. Kitts and Nevis and Minister of Trade,
Industry, Youth, Sports, and Community Affairs, said that some 46 per cent of the population of 45,000
was under 19 years of age, and about one-third of the Government's annual budget was spent on social
matters. Among the problems faced by children were teen-age pregnancy -- although the rate had
dropped in recent years -- and a high drop-out rate from school among males, he said.
Mr. Condor added that a serious challenge facing the country, which consisted of two small Caribbean
islands, was recovery from a series of hurricanes, the last of which had left all but one of its schools
seriously damaged.
Discussion over the course of the morning focused on the topics of general measures of implementation
of the Convention on the Rights of the Child; domestic legal definitions related to children; measures to
prevent various forms of discrimination; and civil rights and freedoms.
As one of 191 States parties to the Convention on the Rights of the Child, St. Kitts and Nevis is required
to provide the Committee with periodic reports on efforts to implement the treaty's provisions. The
written reports serve as a basis for questioning and discussion between Government delegations and
Committee experts.
The delegation from St. Kitts and Nevis consisted of Mr. Condor and Marlene Liburd, the Government's
Director of Youth and Community Affairs.
The Committee will reconvene at 3 p.m. to continue its discussion with the delegation.
Initial report of St. Kitts and Nevis
The report (CRC/C/3/Add.51), which runs to 10 pages, reviews implementation of the Convention on an
article-by-article basis. It remarks, among other things, that the Government has undertaken legal reforms
such as the Law (Miscellaneous Provisions) Act 1992 and the Probation and Child Welfare Act 1994 to
implement certain aspects of the Convention more effectively in the internal legal order; that the
Department of Community Affairs has held workshops to sensitize both Governmental and
non-governmental agencies on the provisions of the Convention; that it also has taken action to educate
the public on the Convention and related issues; that an Early Childhood Development Unit in the Ministry
of Education provides and coordinates activities for all day-care centres and preschools; and that the
United Nations Children's Fund (UNICEF) has on numerous occasions provided advice in relation to
implementation of the Convention by funding workshops and by training personnel.
The report also notes that the Convention does not constitute law in the internal legal order, as St. Kitts
and Nevis follows a 'dualist' tradition whereby treaty law (as opposed to customary international law)
requires legislative transformation. There is therefore a need, according to the report, to enact national
legislation, where it does not already exist, to give effect to certain aspects of the Convention so far not
covered by existing legislation or English common law or equity. The document goes on to say that there
has been some reorganization of the administrative structures of the Government in order to ensure
effective implementation of the Convention, including appointment of a Probation and Child Welfare
Board to address pressing issues, but that the Act establishing this body needs to be amended to grant the
Board corporate legal status so that it can obtain locus standi in the courts, and to provide it with
additional functions and powers to deal with matters related to drug abuse and HIV/AIDS as they affect
children.
Introduction of report
SAM CONDOR, Deputy Prime Minister of St. Kitts and Nevis and Minister of Trade, Industry, Youth,
Sports, and Community Affairs, said the country's population of about 45,000, and territory, spread over
two islands, were small; some 46 per cent of the population was under 19 years of age; about one-third
of the annual budget was spent on social matters; and education was of good quality and was provided
free from early childhood through university.
Teen-aged mothers were encouraged to continue in regular schools, Mr. Condor said, but many chose to
attend evening classes instead. There were problems with teen-age pregnancy in secondary schools,
although the rate of such pregnancies was dropping; other problems included a high school drop-out rate
among males. The primary health care system had resulted in 100 per cent immunization and free health
care for children; free school lunches were provided to ensure good nutrition. Discrimination based on
circumstances of birth had been outlawed, and children born out of wedlock were allowed to take the
names of fathers who acknowledged them or had been ruled to be fathers by the courts; juvenile courts
not only considered charges filed against juveniles but acted to protect children in cases of abuse,
although it was apparent that many cases went unreported; instances of abuse, if determined, were dealt
with quickly and scrupulously. The free educational system served as an effective way of keeping
children from working illegally, Mr. Condor said.
Discussion
Several Committee members said the report was brief and lacked details, and expressed regret that the
Government of St. Kitts and Nevis had not responded in writing in advance to a list of questions prepared
by the Committee.
Taking up the list this morning, the delegation said, among other things, that institutional centres for
dealing with children with special needs were still being set up; that collection of statistics related to
children also was a problem, although the Government was setting up a database information office to
deal with this shortcoming; that a national task force recently had come up with a plan to help children
with disabilities; and that training programmes were being increased for persons working with children.
Responding to follow-up questions, Mr. Condor said, among other things, that the national Constitution
outlawed discrimination in any form and efforts were being made to make that true in practice; and that
there was a need for technical support in addition to much-appreciated help received from UNICEF,
especially in the wake of hurricanes Luis, Marilyn, and Georges. The last of these storms had left all but
one of the country's schools seriously damaged and overall had caused damage amounting to half a billion
dollars.
The Child Welfare Board was not independent. It had to report to the Government department that
supervised it and it was monitored by that department, Mr. Condor said. Government officials working
with children often had their training augmented by programmes under which they were 'attached' for
several weeks or months to professionals working in foreign countries. A national plan of action related to
children was under development, he said. It was true that there was confusion about age limits applied to
the term 'children' -- the upper limit was variously set at age 16, 18 or 25, depending on which institution
or organization was involved.
It was true that in the past, many of the brightest young people had emigrated for purposes of
employment, Mr. Condor said; however, as the economy of the country diversified and developed, that
pattern was changing and it was hoped that now most would stay and make their lives and careers in St.
Kitts and Nevis.
The Government would be willing to consider raising the age of criminal responsibility above the current
age of 8 years, Mr. Condor said, after Committee members expressed the opinion that that standard was
too low.
Corporal punishment did occur in the country, he said, and it was not going to disappear soon; but a
Government task force was looking into this form of disciplining children and it was hoped that
eventually parents would become more enlightened and corporal punishment would be abolished. The
Government was also trying to strike a delicate balance between parental control over children's access to
media -- including the Internet -- and children's rights to privacy and to information; currently these
matters were the subject of extensive Governmental and social discussion.
MARLENE LIBURD, Director of Youth and Community Affairs of St. Kitts and Nevis, said among other
things that educating the public on child rights was an ongoing process and necessarily a slow one, as
Caribbean societies traditionally did not think of children as having extensive rights -- there was a feeling
that children should 'mind' their parents.
COMMITTEE ON RIGHTS OF CHILD BEGINS REVIEW OF
REPORT OF ST. KITTS AND NEVIS
The Committee on the Rights of the Child began consideration this morning of an initial report from St.
Kitts and Nevis, querying a Government delegation, among other things, about what was being done to
reduce teen-age pregnancy and out-of-wedlock births, and about a shortage of statistical data on matters
related to children.
Introducing the report, Sam Condor, Deputy Prime Minister of St. Kitts and Nevis and Minister of Trade,
Industry, Youth, Sports, and Community Affairs, said that some 46 per cent of the population of 45,000
was under 19 years of age, and about one-third of the Government's annual budget was spent on social
matters. Among the problems faced by children were teen-age pregnancy -- although the rate had
dropped in recent years -- and a high drop-out rate from school among males, he said.
Mr. Condor added that a serious challenge facing the country, which consisted of two small Caribbean
islands, was recovery from a series of hurricanes, the last of which had left all but one of its schools
seriously damaged.
Discussion over the course of the morning focused on the topics of general measures of implementation
of the Convention on the Rights of the Child; domestic legal definitions related to children; measures to
prevent various forms of discrimination; and civil rights and freedoms.
As one of 191 States parties to the Convention on the Rights of the Child, St. Kitts and Nevis is required
to provide the Committee with periodic reports on efforts to implement the treaty's provisions. The
written reports serve as a basis for questioning and discussion between Government delegations and
Committee experts.
The delegation from St. Kitts and Nevis consisted of Mr. Condor and Marlene Liburd, the Government's
Director of Youth and Community Affairs.
The Committee will reconvene at 3 p.m. to continue its discussion with the delegation.
Initial report of St. Kitts and Nevis
The report (CRC/C/3/Add.51), which runs to 10 pages, reviews implementation of the Convention on an
article-by-article basis. It remarks, among other things, that the Government has undertaken legal reforms
such as the Law (Miscellaneous Provisions) Act 1992 and the Probation and Child Welfare Act 1994 to
implement certain aspects of the Convention more effectively in the internal legal order; that the
Department of Community Affairs has held workshops to sensitize both Governmental and
non-governmental agencies on the provisions of the Convention; that it also has taken action to educate
the public on the Convention and related issues; that an Early Childhood Development Unit in the Ministry
of Education provides and coordinates activities for all day-care centres and preschools; and that the
United Nations Children's Fund (UNICEF) has on numerous occasions provided advice in relation to
implementation of the Convention by funding workshops and by training personnel.
The report also notes that the Convention does not constitute law in the internal legal order, as St. Kitts
and Nevis follows a 'dualist' tradition whereby treaty law (as opposed to customary international law)
requires legislative transformation. There is therefore a need, according to the report, to enact national
legislation, where it does not already exist, to give effect to certain aspects of the Convention so far not
covered by existing legislation or English common law or equity. The document goes on to say that there
has been some reorganization of the administrative structures of the Government in order to ensure
effective implementation of the Convention, including appointment of a Probation and Child Welfare
Board to address pressing issues, but that the Act establishing this body needs to be amended to grant the
Board corporate legal status so that it can obtain locus standi in the courts, and to provide it with
additional functions and powers to deal with matters related to drug abuse and HIV/AIDS as they affect
children.
Introduction of report
SAM CONDOR, Deputy Prime Minister of St. Kitts and Nevis and Minister of Trade, Industry, Youth,
Sports, and Community Affairs, said the country's population of about 45,000, and territory, spread over
two islands, were small; some 46 per cent of the population was under 19 years of age; about one-third
of the annual budget was spent on social matters; and education was of good quality and was provided
free from early childhood through university.
Teen-aged mothers were encouraged to continue in regular schools, Mr. Condor said, but many chose to
attend evening classes instead. There were problems with teen-age pregnancy in secondary schools,
although the rate of such pregnancies was dropping; other problems included a high school drop-out rate
among males. The primary health care system had resulted in 100 per cent immunization and free health
care for children; free school lunches were provided to ensure good nutrition. Discrimination based on
circumstances of birth had been outlawed, and children born out of wedlock were allowed to take the
names of fathers who acknowledged them or had been ruled to be fathers by the courts; juvenile courts
not only considered charges filed against juveniles but acted to protect children in cases of abuse,
although it was apparent that many cases went unreported; instances of abuse, if determined, were dealt
with quickly and scrupulously. The free educational system served as an effective way of keeping
children from working illegally, Mr. Condor said.
Discussion
Several Committee members said the report was brief and lacked details, and expressed regret that the
Government of St. Kitts and Nevis had not responded in writing in advance to a list of questions prepared
by the Committee.
Taking up the list this morning, the delegation said, among other things, that institutional centres for
dealing with children with special needs were still being set up; that collection of statistics related to
children also was a problem, although the Government was setting up a database information office to
deal with this shortcoming; that a national task force recently had come up with a plan to help children
with disabilities; and that training programmes were being increased for persons working with children.
Responding to follow-up questions, Mr. Condor said, among other things, that the national Constitution
outlawed discrimination in any form and efforts were being made to make that true in practice; and that
there was a need for technical support in addition to much-appreciated help received from UNICEF,
especially in the wake of hurricanes Luis, Marilyn, and Georges. The last of these storms had left all but
one of the country's schools seriously damaged and overall had caused damage amounting to half a billion
dollars.
The Child Welfare Board was not independent. It had to report to the Government department that
supervised it and it was monitored by that department, Mr. Condor said. Government officials working
with children often had their training augmented by programmes under which they were 'attached' for
several weeks or months to professionals working in foreign countries. A national plan of action related to
children was under development, he said. It was true that there was confusion about age limits applied to
the term 'children' -- the upper limit was variously set at age 16, 18 or 25, depending on which institution
or organization was involved.
It was true that in the past, many of the brightest young people had emigrated for purposes of
employment, Mr. Condor said; however, as the economy of the country diversified and developed, that
pattern was changing and it was hoped that now most would stay and make their lives and careers in St.
Kitts and Nevis.
The Government would be willing to consider raising the age of criminal responsibility above the current
age of 8 years, Mr. Condor said, after Committee members expressed the opinion that that standard was
too low.
Corporal punishment did occur in the country, he said, and it was not going to disappear soon; but a
Government task force was looking into this form of disciplining children and it was hoped that
eventually parents would become more enlightened and corporal punishment would be abolished. The
Government was also trying to strike a delicate balance between parental control over children's access to
media -- including the Internet -- and children's rights to privacy and to information; currently these
matters were the subject of extensive Governmental and social discussion.
MARLENE LIBURD, Director of Youth and Community Affairs of St. Kitts and Nevis, said among other
things that educating the public on child rights was an ongoing process and necessarily a slow one, as
Caribbean societies traditionally did not think of children as having extensive rights -- there was a feeling
that children should 'mind' their parents.