COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONSIDERS REPORTS OF BARBADOS

The Committee on Elimination of Racial Discrimination has considered the eighth to sixteenth periodic reports of Barbados on its implementation of the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.

Introducing the report, Trevor Clarke, Ambassador and Permanent Representative of Barbados to the United Nations, said because of Barbados' unique history and culture, racial discrimination, in its classic manifestations, could be difficult to identify and combat. The reports contained the Government's efforts over the past 17 years to mount the best defence against this covert scourge, and to build a truly cohesive society whose foundations were human and social development, economic prosperity, democracy and the rule of law. It was the conviction of the Government, and, it was believed, the public at large, that as a people Barbados was ready to move forward, to engage in a society-wide cultural transformation which would reinforce Barbadian values and national identity and would act as a catalyst for propelling Barbados into the twenty-first century. It was widely recognised and accepted that this transformation should take place at every level of society. While it could be constrained by limited human and material resources, the Government remained committed to providing the enabling environment necessary to effect this transformation.

In preliminary remarks, Patrick Thornberry, Committee Expert and country Rapporteur for the reports, said the remarks on minority psychology in terms of race relations made by the delegation were very interesting. The issues of visible and invisible racism as raised by the delegation were also interesting, and he suggested a means of contributing to solving these issues. The Barbadian experience of racism was very specific, and ways to respond to this had been set out by the delegation in a self-critical context. Some of the main issues for further reflection by the Committee included the question of reservations to the Convention; the legal base, which still seemed to be rather limited in terms of racial discrimination; and the internalisation of race categories and the post-colonial situation, although Barbados was not unique in this.

The delegation of Barbados responded to written questions from Mr. Thornberry, and to questions and comments posed by the Committee Experts, which included whether there had been cases of violations of rights arising from racial discrimination; whether there were non-governmental organizations in Barbados that fought for human rights and had the Government conducted a consultation with them when preparing the report; what was the status of international instruments in domestic law and whether they would be incorporated within the latter; additional information on the status of the work on amending the Constitution in particular in the human rights context; and the assessment of reconciliation between Barbados and its former colonial masters and how this impacted on the communities living in Barbados.

Several Experts also commented on the outstanding nature of the analysis within the reports of the sociological, psychological and historical reasons for racism. One Expert said the reports were among the best reports received in recent times. Many Experts commended the quality of the reports as a whole.

The Committee will present its concluding remarks on the report of Barbados towards the end of the session, which will conclude on 19 August 2005.

Also in the delegation were representatives of the Permanent Mission of Barbados to the United Nations Office at Geneva, the Ministry of Foreign Affairs and Foreign Trade, and the Barbados Commission of Pan-African Affairs.

The Committee also heard from Expert Nourredine Amir on follow-up regarding meetings held with representatives of Papua New Guinea, and with representatives of the People's Democratic Republic of Laos.

The next public meeting of the Committee will be at 5 p.m. on Monday 8 August 2005, when it will take up the consideration of its draft General Recommendation on the administration of justice.

Reports of Barbados

The eighth to sixteenth periodic reports of Barbados (CERD/C/452/Add.5) are divided into three main sections. First, a general section which gives information about Barbados, its population, political structure and the legal framework within which human rights are protected. The second section takes a brief but comprehensive look at Barbados' efforts to implement the provisions of Articles 2 to 7 of the Convention, including the legislative and administrative policies, judicial decisions and practical initiatives relevant to the elimination of all forms of racial discrimination. These are preceded by a preambular section, entitled "Socio-cultural and Historical Framework", in which the State Party attempts to provide the contextual framework within which race relations occur in Barbados and within which the Committee is encouraged to consider this report.

Like other Caribbean nation-states whose socio-economic origins are rooted in the torn and tortured history of genocide against indigenous people and African enslavement by Europeans within the complex of plantation imperialism, Barbados is making strenuous efforts to detach its living realities from the scaffold of the colonial legacies. The challenge has been formidable. While there has been considerable success in the post independence era to eradicate all vestiges of racist thinking and practice from the constitutional apparatus of public governance, thereby criminalising persistent efforts to use race as a criteria of social selection and economic privileging, the realm of social attitudes continues to forge networks of exclusion that effectively crafts institutional realities that are experienced as race-based by significant sections of the society.

Barbados has joined the world global alliance against persistent racism by adhering to and supporting a range of international conventions, and seeks to play a leadership role in this regard by means of its advocacy and domestic policy implementation at all levels of social and political organisation. The presence of a large majority of persons of African descent within the society, whose journey has been described as a flight from the terrorism of colonialism, presents an urgent context for such asserted action. Efforts are ongoing to design and implement more sophisticated forms of ensuring non-racial public and private actions that are suited to national mobilisation of human effort in the newer global reality. There has been considerable progress over time, but more work needs to be done, especially in driving the processes of poverty eradication and social transformation that are now at the centre of the national development agenda.

Introduction of Reports

TREVOR CLARKE, Ambassador and Permanent Representative of Barbados to the United Nations Office at Geneva, introducing the reports, said Barbados' history had not been devoid of racial tensions. Indeed, its entire economy at one time relied on the purposeful exploitation of racial groups by a dominant and powerful minority. Yet, since the abolition of slavery in 1838, there had been concrete steps towards achieving and engendering a more just and equal society for all Barbadians. Successive Governments and generations of Barbadians had embraced the concept of their common humanity, and had made great strides in turning back the tide of intolerance which once characterised life on their shores. Today, Barbados' reputation as a country which promoted and protected human rights was one of its most treasured assets, and was the product of conscious actions which had sought to develop a culture of democracy, to build fair and efficient institutions, and to empower citizens to realise their economic and creative power to the fullest.

Because of Barbados' unique history and culture, the delegation said, racial discrimination, in its classic manifestations, could be difficult to identify and combat. The reports contained the Government's efforts over the past 17 years to mount the best defence against this covert scourge, and to build a truly cohesive society whose foundations were human and social development, economic prosperity, democracy and the rule of law. Barbados' solid economic and social progress since its independence in 1966 had been achieved within a post-colonial paradigm in which its constituent ethnic communities often lived and worked in separate spheres. However, it was the conviction of the Government, and, it was believed, the public at large, that as a people Barbados was ready to move forward, to engage in a society-wide cultural transformation which would reinforce Barbadian values and national identity and would act as a catalyst for propelling Barbados into the twenty-first century as a fully developed society.

It was widely recognised and accepted that this transformation should take place at every level of society, by every individual, regardless of race, colour, or creed. While it could be constrained by limited human and material resources, the Government remained committed to providing the enabling environment necessary to effect this transformation, for it was critical to its future as a nation. This commitment exacted a heavy price, and often required that difficult decisions be made in respect of the distribution of resources. Perceived delinquencies in fulfilling international obligations were, in reality, delays which were sometimes protracted as a result of the allocation of finite resources to other equally pressing responsibilities.

Response by Delegation

Responding to the questions provided in writing, the delegation of Barbados said although a formal national human rights institution had not been established, there were a number of Ministries and agencies which had specific responsibilities for different areas of the international human rights mandate. The Ministry of Foreign Affairs acted in an advisory capacity providing policy guidance and recommendations on issues pertaining to human rights to the Cabinet of Barbados. The Ministries of Foreign Affairs, Education, and the Government Information Service collaborated on issues pertaining to the dissemination of human rights information and education in human rights.

There did not currently exist a definition of racial discrimination in domestic law, however, it was anticipated that, in line with the current discussions on the proposed legislation on anti-discrimination, which would protect individuals from discriminatory actions by private persons and entities, a definition would be formulated. It was the assessment of the Government that the fundamental concepts contained in the provisions and principles of the Convention were consistent with what was provided for in the Constitution of Barbados. The one area not adequately provided for was the protection of the individual from acts of racial discrimination by private individuals and/or organizations. This deficiency had been recognised, and it was anticipated that this issue would be addressed in the near future by the enactment of the proposed anti-discrimination legislation.

Barbados adhered to the principle of universal adult suffrage. Once an individual was a citizen and had attained the age of 18, she or he was entitled to vote. The Constitution covered the security of an individual's fundamental freedoms and rights, and stipulated that an individual had the right, whatever their race, place of origin, political opinions, colour, creed or sex but subject to respect for all the rights and freedoms of others and for the public interest to each and all of: life, liberty, and security of the person; protection of the privacy of their home and other property, and from the deprivation of property without compensation; the protection of the law; and, the freedom of conscience, expression and assembly and association.

Barbados supported the principles of non-discrimination with respect to the rights of migrant workers and their families. Given the capacity constraints which countries such as Barbados had in fulfilling the reporting and other obligations of International Conventions, ratification of the Migrant Workers Convention was not being currently considered. However, this did not preclude eventual ratification. The Government had undertaken a comprehensive consultation among the relevant stakeholders to consider the issue of Barbados' accession to the 1951 Convention on the Status of Refugees. The result of these extensive consultations was a policy paper on establishing a domestic policy on refugees, and recommending accession to the Convention.

There had been no cases of racial discrimination brought before the High Court since 1994. However, in 2004 a case of incitement to racial hatred had been brought before the magistrate's court. There was the possibility that the absence of such cases could be the result of victims' ignorance as it related to their individual rights. Many persons were either unaware of their rights when it came to racial discrimination, or preferred not to pursue any course of action unless they were directly or physically affected. There was no evidence to show that the absence of such cases was a result of a lack of confidence in the police or lack of attention or sensitivity on the part of the police to cases of racial discrimination. There had been no complaints relative to racial discrimination made against the police.

Currently, it was not the policy of the Government to make official reports available to civil society prior to their submission for the Cabinet's consideration. Several academics from the University of the West Indies had been included in the drafting process, and made significant inputs and analysed the report's contents to ensure that it was an accurate portrayal of the Barbadian experience as it related to racism and racial discrimination. At present, there were no trained professional groups working specifically in the field of racial discrimination, nor had the Convention been disseminated in recent years. However, in the work programme for the Ministry of Foreign Affairs and Trade (2005-2006), there was an item for this year regarding the coordination of a public relations programme on human rights matters, in which it was envisaged that some emphasis would be given to informing the public of the provisions of the Convention and the avenues of recourse open to persons who had experienced racial discrimination.


Discussion

PATRICK THORNBERRY, the Committee Expert serving as country Rapporteur to the reports, said the responses had been extensive and clarifying, and this was a welcome resumption of the dialogue between the Committee and Barbados. The reports were well-structured and contained impressive figures on the high quality of life, low level of unemployment, and high literacy. Barbados appeared to be a resilient nation, able to deal with the stress and strain caused by globalization.

Many Caribbean societies were and had undergone a specific experience, and therefore case-sensitive responses were being crafted. That the report said that Caribbean societies were breeding-grounds for racism was very interesting, as was the use of the phrase "co-existence between major groups". It could be that Barbados was being unduly self-critical, as few societies reached an ideal level of integration. Mr. Thornberry said that he hoped that a careful and relevant application of the Convention would provide the tools to combat racial discrimination, including the psyche of racism.

Some comment was asked for on the claim in the report that retooling and the introduction of new paradigms were urgently required. What was a concern was the persistence of social structures that reduced group or individual capacities and capabilities to transform their situation. The repetition in the report of the terms "white" and "black" also appeared to be classic racist nuances, and Mr. Thornberry asked if there were not other terms that could be used. Was colour an element in black-on-black racism, he asked.

However, it was an excellent review of a specific society in a Caribbean framework, he said. Further questions posed orally by the Country Rapporteur included that as it appeared that self-identification was the basis of census returns, what form did census questions take; was there a racial or ethnic dimension to religious affiliation and membership; were there economic and social rights included in the Constitution, and further did it include gender as an issue; what was the role of the Commission on Pan-African Affairs; and where Barbados stood on the spectrum of changing from a country of emigration to one of immigration, and whether this was posing any significant problems.

Other Committee Experts then asked further questions and made comments on varied and wide-ranging topics, including whether there had been cases of violations of rights arising from racial discrimination; whether there were non-governmental organizations in Barbados that fought for human rights and had the Government conducted a consultation with these when preparing the report; what was the status of international instruments in domestic law and whether they would be incorporated within the latter; what the main elements or orientations were of legislation mentioned in paragraph 76 of the report on protection of individuals from discrimination perpetrated by other individuals; additional information on the status of the work on amending the Constitution in particular in the human rights context; and the assessment of reconciliation between Barbados and its former colonial masters and how this impacted on the segregated communities living in Barbados.

Several Experts also commented on the outstanding nature of the analysis within the report of the historical reasons for racism, and the accompanying note of the level of fear felt on both sides of the racial divide. However, the reports also contained some very positive factors, Experts noted, one saying they were among the best reports received in recent times.

Response by Delegation

Responding to the questions posed orally by the Committee Experts, the delegation of Barbados said regarding the repetition of the terms "black" and "white" in the report, and whether these captured the nuances of people's self-identified identity, these were the cultural terms used in Barbados. They were not used pejoratively, nor as a means of excluding more nuanced terms based on race, and were considered to be the best way in Barbados of expressing the dominant social groups of the country as well as the relationships between them.

Regarding the Barbados Constitution and its lack of reference to social and economic rights, Barbados was colonised by the British for centuries, and it had been influenced to some degree by that country and its customs, including its legal customs. The British Constitution, not being a written document, but based on customary law was not explicit in its listing of rights, and the Barbados Constitution was based on it, and also valued customary and common law. This was why it did not perhaps reflect an exhaustive list of rights, although persons did expect that these would be respected. The State respected them itself, but it had been indicated that the reformed Constitution would contain the rights listed in the International Covenant, and this would be taken into consideration.

On the number of non-governmental organizations (NGOs) in Barbados, and whether any specialised on race relations, the delegation said there were none that aimed specifically at such relations, although there were a number which dealt with issues related to children's or women's rights, and poverty issues. On the Fair Trade Commission and its relation to race, paragraph 92 contained data on this. One of the aims of the Commission was to seek to balance the involvement of traditionally white -owned businesses with the largely black-owned entrepreneurial small and medium enterprises. On the inclusion of gender in the Constitution, the Review Commission had suggested that the reformed text include gender-neutral language, as well as gender as one of the grounds on which discrimination could not be allowed. This was also before the drafting committee, and should be positively considered.

The guarantee and right of free education was also not mentioned in the Constitution in a specific and legal manner, but there was a deeply-rooted social guarantee which Governments present, past, and future would be hard-pressed to disregard. The Government itself had determined that in order to obtain its long-term development goals, it had to maximise its main resource, namely its people. The economic future of Barbados, according to the Government, lay in the provision of services and tourism, both person-oriented, and thus the Government realised that the need to train the people to be competitive was essential, and education was the primary path to this. Free education was an investment that Barbados could not afford to ignore.

Whether Barbados planned to become a member of the Convention against Torture was another topic raised by experts, and the delegation said that Barbados adhered to the proposals contained therein, although it had no intention of adhering to it at this time, simply because of the resources that would be required regarding its reporting commitments should it do so. While Barbados did not go against any of the provisions of the Convention, it was not in a position to accede to it.

Racial discrimination was considered to be both improper and unreasonable, the delegation noted, whilst explaining the role of the Ombudsman, before whom no cases of racial discrimination had been brought to date. Regarding complaints about the police on the grounds of racial discrimination, there had been no complaints made to the Police Complaints Authority about any members of the Barbados Police Force. The report was drafted by a large committee which represented a large cross-segment of public service including NGOs and other organizations who had made a large contribution to the report in several ways.

There was a strong relationship between Barbados and Britain, with bilateral agreements that sought to enhance socio-economic links to the benefit of both countries. Barbados benefited from assistance in education and training, and there was considerable movement between the two, including Barbadians migrating and visiting the United Kingdom, and the majority of tourists in Barbados being from Great Britain.

Regarding the initiatives to tertiary education among blacks, the report, specifically table 6, illustrated this. Minorities were in no way disadvantaged with regard to access to tertiary education, but it was expected that the number of persons of all races and ethnicities having access to tertiary education would increase in the future, as the University of the West Indies was removing its caps on enrolment. Barbados' population growth was minimal and had been so for the last couple of decades, and this was due to both education and family-planning programs, which were the major factors in the perpetuating of the low-birth rate. The Barbadians who emigrated tended to be young persons seeking opportunities offered by the globalized world, but this tended to have no effect on the population as a whole, as the high standards of living had ensured that Barbados was an attractive destination for regional and international emigration.

There were no barriers, the delegation said, to non-black persons entering the political sphere. Elections were free and fair, and the democratic process was the only means for choosing representatives. In recent elections, there had been no non-black representatives elected - but there had been none standing either. The issue of Barbados' reservation to the International Convention had been raised, and this was put down partly to the influence of Great Britain, but it would be considered further when the Constitution was re-drafted and the possibility of drafting anti-discrimination legislation considered.

On the topic of black-on-black racism, the delegation's view was that this had often been seen as a result of self-hatred, and as a direct result of the hierarchical situation in post-colonial societies. It was a consequence of the psychological impact of racism by the dominant group during the colonial period. The definition of racial discrimination in the Convention encompassed all forms of distinction, exclusion, restriction or preference based on race, colour, descent or national or ethnic origin, and therefore the delegation believed that it covered this concept of "crypto-racism", and encouraged the Committee to keep this phenomenon in view during consideration of country reports, as it was not specific to Barbados.

The use of education to disseminate information on human rights from an overarching perspective of racial discrimination needed to be examined in much greater detail within Barbados, the delegation said. Barbados was open to the recommendations of the Durban Programme of Action, in particular for a supervisory body which would follow-up the implementation of the recommendations made in Durban, and Barbados would cooperate fully with these. There had not yet been a focussed follow-up process of these in Barbados although many of the initiatives in the Durban Programme of Action were reflected in many of the policies now being put in place by the Government.

The issue of the lack of cases racial discrimination being brought to the High Court in Barbados was related to the phenomenon of invisible racism. What was taken for granted in Barbados was from another perspective the expression and experience of racism, which was so ingrained in the perceptions of the population that they would take a racist incident as a natural occurrence and dismiss it. Many people suffered from what could be defined as racism, but did not perceive it as so. The socialisation process in Barbados had carried racism deep into society and racist relationships had been internalised.

The Pan-African Commission was an agency of the Barbadian Government, and had no restriction on who could participate in its work. Regarding what Barbados had in mind regarding national reparations, these were not to be seen in a personalised way. Barbados recognised the past and current manifestations of racial discrimination and xenophobia as threats to global peace, and advocated that those who suffered from these should be guaranteed access to justice and appropriate reparation and remedies for any damage suffered as a result from such discrimination, as enshrined in a number of international instruments, in particular as was agreed to at the Durban Conference. Recognition of the racist tragedies of the past and telling the truth about those events were essential elements for the reconciliation and building of equal and just societies.

Committee Experts then asked more questions and made further comments, including extending congratulations for the quality of the report, which contained historical, sociological and psychological analysis on the roots of racism, and noting that it was commendable that Barbados was using legal reforms to forge a system that would bring it out of the legacy of the plantation era; that it was high time that Barbados withdraw its reservations to article 4 of the International Convention as it was 30 years since independence from Great Britain; the need to explain further the issue of racism by black people against white people; what was the Creole ideology and how it was applied in Barbados; how were the recommendations and wording of what Barbados had promoted in Durban used in its relationship with the United Kingdom; and had Barbados worked to create a historical understanding of the past in the context of school education and whether there were common days of remembrance held between the two countries. The delegation responded briefly to these questions and comments.

Preliminary Remarks

PATRICK THORNBERRY, the Committee Expert serving as country Rapporteur, said it had been a very stimulating dialogue. The Barbadian experience of racism was very specific, and ways to responding to this had been set out by the delegation in a self-criticising context. There had been a great deal of information on both practical and legal issues, with notable evidence on the discussion in Barbados on key human rights issues related to changes in law and practice. Some of the main issues for further reflection by the Committee included the question of reservations to the Convention; the legal base, which still seemed to be rather limited in terms of racial discrimination, as the Constitution appeared to be main text; a slight veil of mystery that remained on the question of the Amerindians, although some small explanations had been made; the internalisation of race categories and the post-colonial situation, although Barbados was not unique in this; the right to education and the response that it was guaranteed as much by social pressure as political pressure, and Mr Thornberry noted that the Committee tended to be rather wary in situations where this was the case; and the respect of economic and social rights in Barbados.

The remarks on minority psychology in terms of race relations were also very interesting, Mr. Thornberry said. The issues of visible and invisible racism as raised by the delegation were also interesting, and he suggested a means of contributing to solving these issues. The comments on Creole and assimilation ideology were also worthy of further reflection, and CERD had been in discussion on the ideology of the Convention, and would not doubt continue to discuss this issue. Regarding the need for resources to respond to the various reporting requirements of Conventions, he agreed that it was important to study the issue first, but that the Conventions did stimulate legal change, and this was their primary function.

The approach taken by Barbados to master the past and address social issues effectively was also noted and commended. It was hoped that the encounter would prove as useful to the delegation as it had proved illuminating to the Committee.




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