Antigua and Barbuda - Universal Periodic Review

UPR 39, November 8, 2021
Recommendations by Canada

Recommendation

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Thank you Madam President,

Canada welcomes the delegation of Antigua and Barbuda and the country's progress since the last review cycle. In particular, Canada commends efforts taken to develop the necessary laws, policies, and programmes to progressively meet its obligations under the Convention on the Rights of Persons with Disabilities, including by ensuring access to all public facilities.

Canada recommends that Antigua and Barbuda:

1. Prohibit discrimination based on sexual orientation and gender identity, including by repealing all laws criminalising sexual relations between consenting adults.
2. Eliminate overcrowding in Her Majesty's Prison and increase resources aimed at improving the overall living condition of inmates.
3. Abolish the death penalty.

We stand ready to work in partnership with the Government of Antigua & Barbuda on these issues.

Background

Antigua and Barbuda is a healthy democracy with regular free and fair elections. The two-island nation in the Eastern Caribbean enjoys a wide range of rights and freedoms, including equal rights; freedom of thought and religion, to free speech, opinion and expression, of assembly, to education and health, among others. While important advances have been made to promote and protect human rights in Antigua and Barbuda, work remains in areas related to LGBTI rights, domestic violence and the death penalty. 

Among the most serious human rights issues are 1) existence of laws criminalizing consensual same-sex sexual conduct; 2) discrimination against vulnerable groups such as lesbian, gay, bisexual, transgender, queer, and intersex persons (LGBTI); 3) extremely poor prison conditions and 4) the continued legalization of capital punishment. Gender equality is also an issue in Antigua and Barbuda, notably in terms of the low level of political representation of women and the prevalence of domestic violence.

While there are no reports of the government enforcing the law, Antigua and Barbuda criminalizes same-sex intimacy between consenting men, which can carry a maximum penalty of 15 years' imprisonment. No law specifically prohibits discrimination against LGBTI persons, and LGBTI activists report fear of discrimination and violence.

Prison conditions at Her Majesty's Prison are harsh. The facility was built in 1735 and is in desperate need of an overhaul and refurbishment because of inadequate sanitary conditions and limited capacity. The prison is overpopulated and currently houses 262 persons with a capacity of 150 inmates. Capital punishment is still legal in Antigua & Barbuda.

Women play an active role in society but are underrepresented in elected office. The law prohibits and has penalties for conviction of domestic violence; however, violence against women, including spousal abuse, continues to be a serious problem.