Antigua was first inhabited by the Siboney ("stone people") whose settlements date at least to 2400 BC. The Arawaks--who originated in Venezuela and gradually migrated up the chain of islands now called the Lesser Antilles--succeeded the Siboney. The warlike Carib people drove the Arawaks from neighboring islands but apparently did not settle on either Antigua or Barbuda. Christopher Columbus landed on the islands in 1493, naming the larger one "Santa Maria de la Antigua." The English colonized the islands in 1632. Sir Christopher Codrington established the first large sugar estate in Antigua in 1674, and leased Barbuda to raise provisions for his plantations. Barbuda's only town is named after him. Codrington and others brought slaves from Africa's west coast to work the plantations.
Antiguan slaves were emancipated in 1834 but remained economically dependent on the plantation owners. Economic opportunities for the new freedmen were limited by a lack of surplus farming land, no access to credit, and an economy built on agriculture rather than manufacturing. Poor labor conditions persisted until 1939 when a member of a royal commission urged the formation of a trade union movement. The Antigua Trades and Labor Union, formed shortly afterward, became the political vehicle for Vere Cornwall Bird, who became the union's president in 1943. The Antigua Labor Party (ALP), formed by Bird and other trade unionists, first ran candidates in the 1946 elections and became the majority party in 1951, beginning a long history of electoral victories.
Voted out of office in the 1971 general elections that swept the progressive labor movement into power, Bird and the ALP returned to office in 1976, winning renewed mandates in every subsequent election under Vere Bird’s leadership until 1994 and also under the leadership of his son, Lester Bird, up until March 2004, when the ALP lost power in national elections. In the last elections on March 23, 2004, the United Progressive Party (UPP) gained a 13-seat majority, while the opposition, now led by Robin Yearwood, retained four seats.
ECONOMY
Antigua and Barbuda's economy is service-based, with tourism, financial, and government services representing the key sources of employment and income. Tourism also is the principal earner of foreign exchange in Antigua and Barbuda. However, a series of violent hurricanes since 1995 resulted in serious damage to tourist infrastructure and periods of sharp reductions in visitor numbers. Antigua and Barbuda's tourist sector continues to recover from past hurricanes and a downfall in numbers after the September 11, 2001 terrorist attacks in the U.S. In 2002, more than half a million tourists visited Antigua and Barbuda, the majority from Europe and the U.S. Cruise ship arrivals numbered over 300,000, more than half the total number of arrivals. Tourism receipts totaled $240 million in 2002. The economy grew at a rate of 2.7% in 2002.
To lessen its vulnerability to natural disasters, Antigua has sought to diversify its economy. Transportation, communications, and financial services are becoming important.
Antigua is a member of the Eastern Caribbean Currency Union (ECCU). All members of the ECCU share a common currency issued by the Eastern Caribbean Central Bank (ECCB). The ECCB also manages monetary policy, and regulates and supervises commercial banking activities in its member countries.
Antigua and Barbuda is a beneficiary of the U.S. Caribbean Basin Initiative. In 2001, its exports totaled $17 million, of which 22% went to the U.S. Antigua and Barbuda imported 28.5% of its goods from the U.S. Overall, imports totaled $335 million in 2001. It also belongs to the predominantly English-speaking Caribbean Community and Common Market (CARICOM).
BELIEFS
About 75 percent of the population belonged to the Anglican Church in the mid-1980s. The Anglican Church was acknowledged as the official church, but church and state were legally separated. The remaining 25 percent of the population included members of different Protestant denominations--Methodist, Presbyterian, and fundamentalist--as well as Roman Catholics and Rastafarians.
INCIDENCE OF CRIME
The crime rate in Antigua and Barbuda is medium compared to industrialized countries. (Note: no data were given for larceny). An analysis was done using INTERPOL data for Antigua and Barbuda. For purpose of comparison, data were drawn for the seven offenses used to compute the United States FBI's index of crime. Index offenses include murder, forcible rape, robbery, aggravated assault, burglary, larceny, and motor vehicle theft. The combined total of these offenses constitutes the Index used for trend calculation purposes. Antigua and Barbuda will be compared with Japan (country with a low crime rate) and USA (country with a high crime rate). The most recent and only data available for Antigua and Barbuda are those submitted to INTERPOL for year 1996. According to the INTERPOL data, for murder, the rate in 1996 was 4.69 per 100,000 population for Antigua and Barbuda, 0.97 for Japan, and 7.41 for USA. For rape, the rate in 1996 was 84.51 for Antigua and Barbuda, compared with 1.18 for Japan and 36.10 for USA. For robbery, the rate in 1996 was 81.38 for Antigua and Barbuda, 1.96 for Japan, and 202.44 for USA. For aggravated assault, the rate in 1996 was 478.87 for Antigua and Barbuda, 14.20 for Japan, and 388.19 for USA. For burglary, the rate in 1996 was 2071.99 for Antigua and Barbuda, 177.65 for Japan, and 942.96 for USA. No data were given for larceny. The rate for motor vehicle theft in 1996 was 39.12 for Antigua and Barbuda, compared with 26.79 for Japan and 525.92 for USA. The rate for all index offenses combined was 2,760.56 for Antigua and Barbuda, compared with 1280.58 for Japan and 5078.93 for USA.
LEGAL SYSTEM
Antigua and Barbuda is a constitutional monarchy with a British-style parliamentary system of government. The reigning British monarch is represented in Antigua by an appointed governor general as the head of state. The government has three branches: legislative, executive, and judicial.
The bicameral Parliament consists of the seventeen-member House of Representatives, responsible for introducing legislation, and the seventeen-member Senate, which reviews and gives assent to proposed legislation. Representatives are elected by popular vote in general elections that are constitutionally mandated every five years but may be called earlier. Senators are appointed by the governor general. The major figures in Parliament and the government come from the House of Representatives. The prime minister is the leader of the party that holds the majority of seats in the House; the opposition leader is the representative, appointed by the governor general, who appears to have the greatest support of those members opposed to the majority government. The prime minister creates an executive government and advises the governor general on the appointments to thirteen of the seventeen seats in the Senate. The leader of the opposition, recognized constitutionally, is responsible for advising the governor general on the appointment of the remaining four senators to represent the opposition in the Senate. The opposition leader also consults with the governor general, in conjunction with the prime minister, on the composition of other appointed bodies and commissions. In this way, the opposition is ensured a voice in government.
The executive branch is derived from the legislative branch. As leader of the majority party of the House of Representatives, the prime minister appoints other members of Parliament to be his cabinet ministers. In late 1987, the cabinet included thirteen ministries: Ministry of Agriculture, Lands, Fisheries, and Housing; Ministry of Defense; Ministry of Economic Development, Tourism, and Energy; Ministry of Education, Culture, and Youth Affairs; Ministry of External Affairs; Ministry of Finance; Ministry of Health; Ministry of Home Affairs; Ministry of Information; Ministry of Labour; Ministry of Legal Affairs; Ministry of Public Utilities and Aviation; and Ministry of Public Works and Communications.
The judicial branch is relatively independent of the other two branches, although the magistrates are appointed by the Office of the Attorney General in the executive branch. The judiciary consists of the Magistrate's Court for minor offenses and the High Court for major offenses. To proceed beyond the High Court, a case must pass to the Eastern Caribbean States Supreme Court, whose members are appointed by the OECS. All appointments or dismissals of magistrates of the Supreme Court must meet with the unanimous approval of the heads of government in the OECS system; the prime minister of Antigua and Barbuda acts on the recommendation of the attorney general in making decisions concerning this judicial body.
The Constitution of 1981 was promulgated simultaneously with the country's formal independence from Britain. The Constitution provides a basis for possible territorial acquisitions, expands upon fundamental human rights, recognizes and guarantees the rights of opposition parties in government, and provides Barbuda with a large measure of internal self-government.
In defining the territory of Antigua and Barbuda, the Constitution includes not only the territory as recognized upon independence but also other areas that may in the future be declared by an act of Parliament to form part of the territory. This cryptic provision may have been designed to lay the basis for possible extensions of territorial waters.
The Constitution sets forth the rights of citizens, ascribing fundamental rights to each person regardless of race, place of origin, political opinions or affiliations, color, creed, or sex. It further extends these rights to persons born out of wedlock, an important provision in that legitimate and illegitimate persons did not have equal legal status under colonial rule. The Constitution includes provisions to secure life, liberty, and the protection of person, property, and privacy, as well as freedom of speech, association, and worship.
In order to quell secessionist sentiment in Barbuda, the writers of the Constitution included provisions for Barbudan internal self-government, constitutionally protecting the Barbuda Local Government Act of 1976. The elected Council for Barbuda is the organ of self-government. Acting as the local government, the council has the authority to draft resolutions covering community issues or domestic affairs; in the areas of defense and foreign affairs, however, Barbuda remains under the aegis of the national government. The council consists of nine elected members, the elected Barbudan representatives to the national Parliament, and a government-appointed councilor. To maintain a rotation of membership, council elections are held every two years.
POLICE
Antiguan and Barbudan security forces consisted of the Royal Antigua and Barbuda Police Force, which was a constabulary of 350 personnel, and the Antigua and Barbuda Defense Force, which had 115 members. Although both forces reported to the deputy prime minister, they were independent of each other. The Defense Force filled the role of the SSUs established in other OECS countries; it had only a ground element, as Antigua and Barbuda had no navy or air force. The coast guard was subordinate to the Police Force.
Elements of both the Police Force and the Defense Force participated in the United States-Caribbean military intervention in Grenada in 1983. Antiguan and Barbudan forces stayed in Grenada until the spring of 1985 as part of the regional peacekeeping effort. Members of Antigua and Barbuda's Defense Force returned to Grenada in late 1986 in response to a request from Grenadian Prime Minister Herbert Blaize. Blaize had feared the eruption of violence as the Maurice Bishop murder trial neared its end.
Antigua and Barbuda was an early supporter of the regional defense force concept. Prime Minister Bird regarded the RSS as a means of providing a counterinsurgency force in the event that revolutionary forces established themselves on Antigua and Barbuda. He felt that communist groups in the region saw the RSS as a threat and therefore were trying to discredit the system. Although some Caribbean heads of government remained opposed to the proposal, Bird continued to support the establishment of an independent, regional force and security system that could counter this perceived threat to the RSS system and, by extension, OECS member states. In support of United States military aid to the region, Antigua and Barbuda received coast guard boats from the United States in the early 1980s and agreed to engage in joint coast guard patrols with Barbados, St. Kitts and Nevis, and St. Lucia. The Antigua and Barbuda Defense Force and coast guard also participated in various joint training exercises with the United States and other countries in the region. At the same time, Antigua and Barbuda agreed to permit United States facilities on Antigua to be used to train RSS personnel.
Some members of the security forces committed human rights abuses. There were no reports of political killings; however, there were occasional allegations that the police committed unwarranted killings, usually in connection with apprehension of suspects. On November 22, police shot and killed escaped convict Frederick Martin James, who had been serving a 23-year sentence for attempted murder. According to police, James was armed with a gun and opened fire when they tried to apprehend him. At year's end, the Director of Public Prosecution (DPP) ordered an inquest into the circumstances of James' death.
In the case of the May 2002 police killing of Andy "Natty Rough" Francis, the coroner's inquest concluded that the death was a lawful killing. In the September 2002 case in which Glen Harper died at his home in the Gambles area while police were attempting to subdue him after he beat his father unconscious, the coroner's inquest concluded that Harper's death was accidental. There were no reports of politically motivated disappearances.
DETENTION
The Constitution prohibits arbitrary arrest and detention, and the Government generally respected these prohibitions in practice.
The police force consists of approximately 600 persons (including the fire brigade), and it has disciplinary machinery in place to handle public complaints. Headed by a Police Commissioner, the force has 25 senior officers and 23 inspectors. Independent departments handle immigration and driver licenses, which formerly were part of the police force's responsibilities. The Police Welfare Association has advocated for additional training for the police, particularly in the area of management training for senior officers.
Criminal defendants have the right to a judicial determination of the legality of their detention. The police must bring detainees before a court within 48 hours of arrest or detention. However, members of the opposition United Progressive Party (UPP) asserted that there were instances where this was violated, particularly on Thursdays or Fridays, and that increasingly, arresting and detention officers were unavailable to arrange bail or to expedite the process of releasing detainees.
COURTS
Barbuda has a common law system of justice in the English tradition.
The Constitution provides for an independent judiciary, and the Government generally respected this provision in practice.
The judicial system is part of the Eastern Caribbean legal system and reflects historical ties to the United Kingdom. The Constitution designates the Privy Council in London as the final court of appeal, which is always employed in the case of death sentences. There are no military or political courts.
The Constitution provides that criminal defendants should receive a fair, open, and public trial. In capital cases only, the Government provided legal assistance at public expense to persons without the means to retain a private attorney. Courts may reach verdicts quickly, with some cases coming to conclusion in a matter of days.
The judiciary is entirely independent of the government. Both trial judges and appeal court judges are appointed by the consensus of seven governments of the Organization of the Eastern Caribbean States. The judiciary acts to safeguard the constitutional rights and freedoms of Antiguans and Barbudans. Since human rights issues are embodied in the constitution and legislation of Antigua and Barbuda, there is no specific court that has exclusive jurisdiction over human rights. Rather, the judiciary in its entirety has such jurisdiction. Justice on the islands of Antigua and Barbuda is rendered by the following courts:
(a) Magistrate Courts: As prescribed in the Magistrate's Code of Procedure, these courts are the primary courts of Antigua and Barbuda. For the purposes of holding Magistrates' Courts, Antigua and Barbuda is divided into three districts. Each District Magistrate is also a Justice of the Peace, and is responsible for holding preliminary inquiries into all criminal charges and small claims in civil matters. Decisions made at the Magistrate Court level may be appealed to the Court of Appeal of the Eastern Caribbean Supreme Court.
(b) Supreme Court: As prescribed in the Supreme Court Order, these courts, styled as the Eastern Caribbean Supreme court, function as the superior court of record for the following OECS (Organization of Eastern Caribbean States) member states:
Antigua and Barbuda
British Virgin Islands
Dominica
Grenada
Montserrat
Saint Kitts and Nevis
Anguilla
Saint Lucia
Saint Vincent and the Grenadines
The Supreme Court consists of both a Court of Appeal and a High Court of Justice. The Court of Appeal hears appeals from the Magistrates Court and the High Court The High Court hears indictable criminal matters, civil matters and constitutional matters,
(c) Judicial Committee of the Privy Council (JCPC): The Judicial Committee of the Privy Council, located in London, stands as the final court of appeal for Antigua and Barbuda. It hears appeals from the Court of Apppeal, and its decisions are binding on all OECS member states.
CORRECTIONS
Prison conditions were poor. At year's end, the prison held 183 prisoners (154 men and 14 women) in a facility designed to hold 182. Prison conditions were inadequate, particularly recreation and rehabilitation facilities. The prison did not have toilet facilities, and slop pails were used in all 122 cells. The Rehabilitation Center for prisoners found guilty of committing minor crimes held an additional eight male prisoners at the end of the year. During the year, a school for juvenile offenders was established offering classes in crafts, computers, and auto repair, and 11 juveniles were enrolled at year's end. Female prisoners were held in a separate section and were not subject to the same problems encountered in the men's prison. Juveniles were held separately from adult inmates. Pretrial detainees were held separately from convicted prisoners. The Government permitted prison visits by independent human rights observers, and such monitoring occurred during the year.
WOMEN
Violence against women was treated as a matter of public concern, and nongovernmental social welfare groups focused on the problem. Women in many cases were reluctant to testify against their abusers. A 1999 Domestic Violence Act prohibits and provides penalties for domestic violence, as well as rape and other sexual offenses. Organizations such as the Government's Directorate of Gender Affairs sought to increase women's awareness of their rights under the law in cases of domestic violence. The Directorate of Gender Affairs instituted a domestic violence program that included training for police officers, magistrates, and judges. The Directorate also ran a domestic abuse hotline and worked with a nongovernmental organization (NGO) to provide safe havens for abused women and children. There were a number of active NGOs that addressed issues affecting women.
Prostitution is prohibited, but it was a problem.
Sexual harassment is illegal, but it was rarely prosecuted. According to the Labor Department, there was a high incidence of sexual harassment reported by employees in both the private and public sectors.
While the role of women in society is not restricted legally, economic conditions in rural areas tended to limit women to home and family, although some women worked as domestics, in agriculture, or in the large tourism sector. Women were well represented in the public sector; 54 percent of the public service and over half the permanent secretaries--the most senior positions--were female. In addition, 41 percent of the bar association members were female.
The Professional Organization for Women of Antigua was a networking and resource group for female executives. It held seminars for women entering the workforce during the year.
CHILDREN
While the Government repeatedly expressed its commitment to children’s rights, its efforts to protect those rights in practice were limited. The Government provided education for children through the age of 16; it was free, universal, and compulsory. However, schools faced many shortages, and parents typically provided desks and chairs for their children. Although shared textbooks were provided, parents often purchased books; parents also must provide uniforms. Children had access to health care and other public services.
Child abuse remained a problem. The age of consent is 16 years. In 2001, the police uncovered a child pornography and prostitution ring, and high-ranking members of society reportedly were implicated. A task force with representatives from both the government and nongovernmental sectors was created to investigate the matter. No cases have been prosecuted; several were dismissed because the complainant failed to appear.
The law stipulates a minimum working age of 16 years, which corresponds with the provisions of the Education Act. In addition, persons under 18 years of age must have a medical clearance to work and may not work later than 10 p.m. The Ministry of Labor, which is required by law to conduct periodic inspections of workplaces, effectively enforced this law. The Labor Commissioner’s Office also had an Inspectorate that investigated exploitative child labor matters. In September 2002, the Government ratified ILO Convention 182 on elimination of the worst forms of child labor.
TRAFFICKING IN PERSONS
There are no laws that specifically address trafficking in persons. Although there were no reports that persons were trafficked to, from, or within the country, an Antiguan task force evaluating the Antiguan passport office determined that passports could be fraudulently obtained, raising the possibility that fraudulent passports could be used to facilitate migrant smuggling or trafficking in persons.
DRUG TRAFFICKING
Antigua and Barbuda is considered a minor transshipment point for narcotics bound for the US and Europe; more significant as an offshore financial center
The seven Eastern Caribbean countries—Antigua and Barbuda, Barbados, Dominica, Grenada, St. Kitts and Nevis, St. Lucia, and St. Vincent and the Grenadines—form the eastern edge of the Caribbean transit zone for drugs, mostly cocaine and marijuana products, traveling from South America to the U.S. and other global markets. Approximately 30-35 metric tons of cocaine originate from, are destined for, or transit through the Eastern Caribbean (from Puerto Rico east and south) annually to the United States. Eight to nine times that amount transit the Eastern Caribbean to Europe annually. Illicit narcotics transit the Eastern Caribbean mostly by sea, in small go-fast vessels, larger fishing vessels, yachts and freight carriers. South American traffickers deliver drug loads either over the beach or offload their illicit cargo to smaller local vessels for delivery ashore. Marijuana shipments from St. Vincent often come ashore via swimmer delivery. Smugglers also attempt to transport cocaine and marijuana by commercial air. In one 2003 incident, a UK national "cocaine swallower" died from cocaine poisoning onboard a commercial aircraft that had not yet departed St. Lucia. An Organization of American States (OAS) study on maritime trafficking in the Western Hemisphere indicated that cocaine trafficked to Europe primarily is transported in commercial containerized cargo. There is little narcotics airdrop activity in the region.
The level of cocaine and marijuana trafficked through any individual Eastern Caribbean country to the U.S. does not reach the level needed to designate any one of them a major drug transit country under the Foreign Assistance Act of 1961, as amended (the "FAA").
Drug trafficking and related crimes—such as money laundering, drug use, arms trafficking, official corruption, violent crime and intimidation—have the potential to threaten the stability of the small, democratic countries of the Eastern Caribbean and, to varying degrees, have damaged civil society in all of these countries. Regional and international drug trafficking organizations (DTO's) and various organized crime groups have infiltrated many of the Eastern Caribbean nations, corrupting officials and contracting the services of local criminal organizations, some of whom are now sufficiently trusted by major DTO's to be given narcotics on consignment. There are reports that Colombian nationals are residing in some Eastern Caribbean countries and organizing drug trafficking operations. Some of the Eastern Caribbean DTO's also have established contacts amongst themselves to facilitate drug distribution in the region. Local traffickers often pay for services with drugs and/or weapons to limit costs and to increase demand and markets. U.S. law enforcement officials assume that terrorist organizations could tap into the infrastructure built by DTO's operating in the region and otherwise take advantage of the vulnerabilities that exist in the region.
The seven Eastern Caribbean states are parties to the 1961 UN Single Convention, as amended by the 1972 Protocol, and the 1988 UN Drug Convention. Other than St. Lucia, all of the Eastern Caribbean countries are parties to the 1971 UN Convention on Psychotropic Substances. One has ratified and four have signed the UN Convention Against Transnational Organized Crime. Two of the Eastern Caribbean states have signed that Convention's protocols on trafficking in persons and migrant smuggling; one has signed the firearms protocol.
Three of the seven states have ratified the Inter-American Convention against Corruption; one has signed but not ratified. Two have ratified the Inter-American Convention on Extradition. Three Eastern Caribbean states have signed and three have ratified the Inter-American Firearms Convention. One has ratified the Inter-American Convention on Mutual Assistance in Criminal Matters. Several Eastern Caribbean states have mutual legal assistance statutes that permit the exchange of mutual legal assistance with Commonwealth countries and states-parties to the 1988 UN Drug Convention. All seven governments have in force bilateral mutual legal assistance and extradition treaties with the U.S.
The U.S. Government has maritime drug law enforcement agreements with all seven of the Eastern Caribbean states. A Protocol to amend and update the maritime agreements was submitted to each country in April 2003. The Protocol would permit hot pursuit of maritime drug traffickers into the territorial waters of an Eastern Caribbean state by U.S. Coast Guard (USCG) law enforcement detachments aboard third country ships (e.g., UK). The Protocol also would permit a law enforcement shiprider from any Regional Security System (RSS) member state (The seven Eastern Caribbean states comprise the RSS.) aboard a USCG or third country vessel to authorize drug law enforcement operations in the territorial waters of any RSS member state. Only Antigua and Barbuda has signed the Protocol. To date, none of these countries has signed the Caribbean Maritime Counterdrug Agreement, which would facilitate cooperation among themselves.
Marijuana crops are grown in the greatest amounts in Dominica, St. Lucia, St. Kitts and Nevis, and St. Vincent and the Grenadines, primarily for local use or for export to other islands in the region and Europe. Marijuana is grown to a lesser extent in Antigua and Barbuda and in Grenada. The overall level of production is below the threshold for designating any of these countries as major drug producers under the FAA, yet the extent of marijuana production within St. Vincent and the Grenadines appears to make it a significant element of the Vincentian economy. Most Eastern Caribbean officials regard marijuana production and trafficking as serious offenses, although the question of legalization or decriminalization is being discussed in some quarters. The U.S. supports and encourages eradication campaigns as a means to combat marijuana use in the Eastern Caribbean.
Interdiction challenges remain, however. Few Eastern Caribbean maritime law enforcement entities venture beyond territorial waters. Interdiction of ocean-going drug loads generally is left to any UK, French, Dutch or U.S. law enforcement units that may be in the region at the time. Eastern Caribbean maritime states often are under-resourced, routine drug law enforcement patrolling, particularly at night, is intermittent and the drug enforcement agencies as a whole do not have a reputation for aggressiveness or effectiveness. After-action reviews for the purpose of improving operations are infrequent. However, there have been several operations during the past year when maritime units were required to defend themselves against ramming by traffickers' vessels, and successfully effected arrests and seizures. (Most maritime traffickers jettison their drug loads and weapons when approached by law enforcement vessels.)
Coordination between air and maritime units during operations, although inconsistent, has improved steadily and the C-26 aircraft have been able to guide maritime and land force units to successful interdictions. Barbados has developed standard operating procedures for joint maritime interdiction operations that resulted in several significant interdictions in 2003. The U.S. and UK will continue to partner closely with the airborne, maritime and land drug law enforcement units with the aim of improving interdiction coordination and effectiveness.
The U.S. continues to provide equipment, vehicles and operational support to regional drug law enforcement personnel. With the support of police commissioners, these personnel cooperate with U.S. and UK counterparts to develop drug intelligence and build cases against trafficking organizations. With assistance from the UK, several Eastern Caribbean countries have installed ion scan equipment at airports, thus strengthening their ability to seize narcotics entering or leaving the country.
Where the Eastern Caribbean states have had the least success is in the prosecution of organized drug crime. Conspiracy cases against DTO ringleaders, prosecutions for complex finance crimes and money laundering cases and significant asset forfeitures connected to cases developed within Eastern Caribbean jurisdictions remain almost non-existent. Statutory authority to bring such cases exist in all Eastern Caribbean countries, such as conspiracy, criminal asset forfeiture and money laundering laws, but they are used infrequently. Other laws and practices that would allow law enforcement agencies to effectively penetrate or disrupt organized criminal groups, such as civil forfeiture, wiretapping, undercover buys, paying informants, controlled deliveries, witness protection, and plea agreements have not been enacted or implemented. Moreover, light sentences for drug possession or trafficking do not appear to act as a deterrent.
The U.S. and UK, and organizations such as the Caribbean Office of the UN Office on Drugs and Crime, the Association of Caribbean Commissioners of Police (ACCP), and the Caribbean Anti-Money Laundering Program (CALP) all are providing encouragement and assistance to Eastern Caribbean states to improve the prosecutorial environment. The U.S. sponsored in 2003 a conference for prosecutors and police to discuss these issues and initiated a peer-to-peer judicial exchange between a U.S. District Judge and the Barbados Supreme Court. Both the U.S. and UK have encouraged the adoption of wiretapping legislation. CALP has circulated model civil forfeiture legislation and the ACCP President called in 2003 for civil forfeiture, plea bargaining, electronic surveillance and rackets legislation. The 1996 Barbados Plan of Action for Drug Control Coordination and Cooperation in the Caribbean, the 1997 U.S.-Caribbean Summit Justice and Security Action Plan, and the CARICOM Regional Task Force on Crime and Security, as well as Caribbean police authorities on a regular basis, all call for modern laws covering many of these areas.
There have been some advances. Antigua and Barbuda has adopted civil forfeiture legislation. Several Eastern Caribbean states are considering wiretap legislation. There appears to be a growing recognition in the region among police and prosecutors that without such tools, trafficking organization leaders will remain immune from arrest and prosecution.
In most Eastern Caribbean states, an apparent lack of political will or leadership, and in others, resource shortages (e.g., of funds for informants or witness relocation, etc.), have effectively weakened such legal initiatives. Some prosecutors do not have sufficient experience with complex conspiracy or financial crime cases. Other prosecutors believe that the judiciary is ill prepared to handle such cases. Without a serious, broad-based prosecution and law enforcement modernization effort, and a greater share of national resources allocated to drug law enforcement and prosecution, it is unlikely that the region will develop significant defenses against DTO's, money launderers and other international and regional criminals and criminal groups.
Dominica and St. Kitts and Nevis have economic citizenship programs that are susceptible to abuse through inadequate due diligence checks. Unscrupulous individuals, including suspected members of criminal organizations, can take advantage of economic citizenship programs to ease border police checks and to modify and/or create multiple identities. Such individuals have also used these false identities to help create offshore entities used in money laundering, financial fraud, migrant smuggling and other illicit activities, as well as to facilitate the travel of the perpetrators of these crimes. Immigration and passport agencies in the Eastern Caribbean countries also are susceptible to corruption that, combined with the lack of automated immigration records in the region, facilitates the cross border movement for criminals. In 2003, a number of Eastern Caribbean states decided to undertake immigration automation efforts. Grenada is the first Eastern Caribbean state to have automated its immigration system.
In 2003, the Eastern Caribbean countries' continued their participation in the work of the Caribbean Community's (CARICOM) Regional Task Force on Crime and Security. In some respects, the Regional Task Force is a successor to the efforts undertaken in the region in connection with the 1996 Barbados Plan of Action and its follow-up 2001 high-level meeting on drugs and crime, and with the 1997 Caribbean-U.S. Summit Action Plan. The 1997 U.S.-Caribbean Action Plan had set out a comprehensive set of measures to combat transnational crime, particularly drug trafficking and money laundering. It called for collaboration also in strengthening criminal justice systems and interdiction efforts, combating small arms smuggling and corruption, developing a criminal justice protection program and reducing drug demand through education, rehabilitation and eradication. The CARICOM Task Force's recommendations, similar in many respects to previous recommendations, take into account also the need for counterterrorism efforts as a result of the September 11, 2001, attacks on the U.S. The recommendations would have the effect of improving drug law enforcement and prosecution efforts, if implemented. Eastern Caribbean countries are now considering the recommendations prioritized for implementation by the CARICOM Heads of Government in 2003, including establishing a regional fingerprint and criminal record database, development of a regional anticrime plan, and conducting a drug policy review.
ACKNOWLEDGEMENTS
Internet research assisted by Anabel Becerril and William I. Coremin