Antigua and Barbuda is a Caribbean archipelago with a population of approximately 100,000 that relies heavily on tourism. After its initial COVID-19 cases were detected in March 2020, the government declared a two-week state of emergency, established a nightly curfew (8PM to 6AM), and shut all non-essential services and businesses. In June 2020, the country […]
Last updated: July 2016
Antigua and Barbuda Immigration Detention Profile
The tiny Caribbean island country of Antigua and Barbuda opened its first immigration detention centre in 2012. A government press release at the time stated: “The opening of the Detention Center is an effort to improve the current manner in which persons are detained. The Chief of Immigration says he expects that there will be some criticism with regard to the size and appearance of the facility but says ‘something is better than nothing.’”[1]
The country relies heavily on tourism and the financial sector. While it has experienced low levels of migration during much of its history, Antigua and Barbuda recently experienced a modest upsurge in its migrant population.[2] This could be the result of the diversification of the national economy and the significant influx of Central American migrants.
The Immigration and Passport Act of 1946 regulates entry of persons to the country. The law has provisions concerning the treatment of non-citizens who violate the law.[3] Although administrative detention is only vaguely implied in the law, section 40 lists a number offences and accompanying penalties. Thus, for instance, it provides that “any prohibited immigrant who knowingly lands” on the territory may be sentenced to a maximum six month imprisonment.[4]
The law also provides sharp restrictions on vessels and empowers masters of vessels to hold suspected prohibited persons on board. Section 26 of the act states: "The master of a vessel may use all reasonable and proper means (including force if necessary) to prevent any person landing in Antigua and Barbuda contrary to the provisions of this Act.”[5] Masters and owners of vessels are also liable for repatriation expenses under the Act.
Observers have noted that Antigua and Barbuda, like many of its neighbouring island nations, lacks a developed civil society sector that can provide independent oversight and monitoring of immigration detention operations.[6]
[1] Government of Antigua and Barbuda. 2012. Press Release: New Immigration Detention Center Opens." 10 July 2012. http://www.ab.gov.ag/article_details.php?id=3307&category=38
[2] Index Mundi. 2012. Antigua and Barbuda Net Migration Rate per Year Chart. Index Mundi. http://www.indexmundi.com/g/g.aspx?v=27&c=ac&l=en
[3] Government of Antigua and Barbuda. 1946. Antigua and Barbuda Immigration and Passport Act of 1946. Government of Antigua and Barbuda. http://www.laws.gov.ag/acts/chapters/cap-208.pdf
[4] Government of Antigua and Barbuda. 1946. Antigua and Barbuda Immigration and Passport Act of 1946. Government of Antigua and Barbuda. http://www.laws.gov.ag/acts/chapters/cap-208.pdf
[5] Government of Antigua and Barbuda. 1946. Antigua and Barbuda Immigration and Passport Act of 1946. Government of Antigua and Barbuda. http://www.laws.gov.ag/acts/chapters/cap-208.pdf
[6] Aragón, Veronica (International Human Rights Clinic of Loyola Law School of Los Angeles). 2015. “Shining a spotlight on the Caribbean: Seeking Support for First Comprehensive Report on Caribbean Migration Detention.” http://idcoalition.org/news/shining-spotlight-caribbean/
DETENTION CAPACITY
ALTERNATIVES TO DETENTION
ADDITIONAL ENFORCEMENT DATA
PRISON DATA
POPULATION DATA
MIGRATION-RELATED DETENTION
LEGAL & REGULATORY FRAMEWORK
GROUNDS FOR MIGRATION-RELATED DETENTION
LENGTH OF MIGRATION-RELATED DETENTION
MIGRATION-RELATED DETENTION INSTITUTIONS
PROCEDURAL STANDARDS & SAFEGUARDS
DETENTION MONITORS
> National human rights monitoring bodies
> National Preventive Mechanisms (Optional Protocol to UN Convetion against Torture)
> Non-governmental organisations (NGOs)
> Governmental monitoring bodies
> International detention monitoring
TRANSPARENCY
READMISSION/RETURN/EXTRADITION AGREEMENTS
COVID-19
HEALTH CARE
COVID-19 DATA
Have Populations of Concern Been Included/Excluded From the National Vaccination Campaign?
INTERNATIONAL TREATIES
International Treaties Ratified
Ratification Year
Observation Date
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2010
2010
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2010
2010
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
1993
1993
Ratio of relevant international treaties ratified
Ratio: 13/19
Relevant Recommendations Issued by Treaty Bodies
Recommendation Year
Observation Date
Committee on the Elimination of Discrimination Against Women
§ 45. In line with its general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, the Committee recommends that the State party: (a) Adopt national asylum and refugee legislation, in conformity with international standards, that guarantees the principle of non-refoulement; (b) Apply a gender-sensitive approach in receiving refugee and asylum ‑ seeking women and in the consideration of their asylum claims.
2019
2019
Committee against Torture
§30 The State party should refrain from detaining refugees, asylum seekers and undocumented migrants for prolonged periods, especially when they are not charged with any offence under the law; use detention only as a measure of last resort and for as short a period as possible; and promote alternatives to detention.
2017
2017
Committee on the Rights of the Child
§ 55. "55.The Committee notes that the State party has established an ad hoc committee to deal with asylum. However it is concerned that the absence of legislation or of a specific regulation governing asylum procedures may leave refugee children vulnerable to trafficking for the purpose of sexual exploitation."
2017
2017
NON-TREATY-BASED INTERNATIONAL HUMAN RIGHTS MECHANISMS
DETENTION COSTS
OUTSOURCING
FOREIGN SOURCES OF FUNDING FOR DETENTION OPERATIONS
Government Agencies
- Department of Immigration
- Antigua & Barbuda’s Government Information and Service
- Antigua and Barbuda Laws
International Organisations
- UNHCR Regional Representation in Washington (Covering Antigua & Barbuda
- IOM Antigua and Barbuda Country Profile
NGOs, NHRIs, and Research Institutions
- Ombudsman Antigua and Barbuda
- ombudsman@antigua.gov.ag
- www.ombudsman.gov.ag
- +268 462 9364
- Amnesty International Antigua and Barbuda
- Calle Luz Saviñon 519 Colonia del Valle, 03100 Ciudad de Mexico, Mexique
- duncan.tucker@amnesty.org
Media
- The Daily Observer
