Antigua and Barbuda

Not Available

Immigration detainees

2019

Not Available

Detained children

2017

29,207

International migrants

2019

100,000

Population

2020

Overview

(July 2016) 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.’”

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

11 April 2021

Prison Officer Protesting in Antigua and Barbuda, (Dominican News Online,
Prison Officer Protesting in Antigua and Barbuda, (Dominican News Online, "Prison Officers in Antigua and Barbuda Protest Over Concerns Made Worse By COVID-19," 22 March 2021, https://dominicanewsonline.com/news/covid-19/prison-officers-in-antigua-and-barbuda-protest-over-concerns-made-worse-by-covid-19with-video/)

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 reopened its national borders, with arriving passengers having to present a valid medical certificate stating a negative COVID-19 test result within the previous 48 hours. In March 2021, the government started loosening other restrictions, including curfews. As of 9 April 2021, the country had recorded 1,180 cases of COVID-19 and 29 related deaths. On 8 April 2021, the country received 24,000 doses of COVID-19 vaccines, through the COVAX Facility.

The country has ratified several human rights treaties, including the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment and the International Convention on the Elimination of All Forms of Racial Discrimination. However, at the time of this report, the country had not yet ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Optional Protocol to the Convention against Torture.

In its concluding observations in 2017, the Committee against Torture (CAT) expressed concern about the country’s practice of detaining migrants and asylum seekers and the lack of information about migrants detained at the detention and removal centre at St. John’s police station. The committee recommended that 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.”

Also in 2017, the Committee on the Rights of the Child (CRC) said that while the country had established an ad hoc committee to deal with asylum, it remained concerned about the absence of legislation or a specific regulation governing asylum procedures, leaving refugee children vulnerable to trafficking for the purpose of sexual exploitation. The committee recommended that “the State party accede to the 1961 Convention on the Reduction of Statelessness and establish referral mechanisms to ensure the proper identification and protection of victims of trafficking, especially unaccompanied children, and to provide victims of trafficking, including children, an effective opportunity to seek asylum.”

During its review for the second cycle of the UN Universal Periodic Review (UPR), Antigua and Barbuda received numerous recommendations, including: to “establish a formal procedure to identify victims of trafficking, search for alternatives to the detention of the victims, and transfer them to the necessary services, including, when pertinent, the asylum procedure (Mexico) (para. 76.29)” and “consider acceding to all core United Nations human rights instruments, including the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Indonesia) (para. 77.5).” In its submission for Antigua and Barbuda’s review for the second cycle of the UPR, the UN High Commissioner for Refugees (UNHCR) encouraged the government “to pursue alternatives to detention for migration management, to ensure that any restriction on migrants’ freedom of movement is applied only under those circumstances where it is necessary, reasonable, and proportionate to the legitimate purpose achieved and justified by international law, and that any detention of migrants is neither arbitrary nor indefinite.”

Prison conditions are harsh due to inadequate sanitary conditions and overcrowding. The country’s only prison has a capacity of 150 people, but as of August 2020 it held 269. Overcrowding has created serious COVID-19 infection risks for the prisoners and the staff and the government reportedly failed to provide information regarding numbers of COVID-19 infections in the prison. On 22 March 2021, correctional officers staged a protest to highlight problems. Two weeks earlier, 34 prisoners tested positive for the virus two weeks prior to the protest and junior staff said they were being forced to work for more than 24 hours without the required protective gears while interacting with COVID-19 positive inmates.


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/ 

    ENFORCEMENT DATA

    Total Migration Detainees: Flow + Stock (year)
    Not Available
    2019
    Total Number of Children Placed in Immigration Detention (Year)
    Not Available
    2017
    Criminal Prison Population (Year)
    371
    2017
    361
    2014
    Percentage of Foreign Prisoners (Year)
    30.6
    2007
    Prison Population Rate (per 100,000 of National Population)
    399
    2017
    389
    2014

    POPULATION DATA

    Population (Year)
    100,000
    2020
    92,000
    2015
    International Migrants (Year)
    29,207
    2019
    28,100
    2015
    International Migrants as Percentage of Population (Year)
    30.6
    2015
    Refugees (Year)
    15
    2015
    0
    2014
    New Asylum Applications (Year)
    1
    2013
    Stateless Persons (Year)
    0
    2016

    SOCIO-ECONOMIC DATA & POLLS

    Gross Domestic Product per Capita (in USD)
    13,432
    2014
    Remittances to the Country
    21
    2014
    Net Official Development Assistance (ODA) (in Millions USD)
    2.1
    2014
    Human Development Index Ranking (UNDP)
    58 (Very high)
    2015

    B. Attitudes and Perceptions

    MIGRATION-RELATED DETENTION

    LEGAL & REGULATORY FRAMEWORK

    Detention-Related Legislation
    Immigration and Passport Act of 1946 (2015) 2015
    2015

    GROUNDS FOR MIGRATION-RELATED DETENTION

    Criminal Penalties for Immigration-Related Violations
    Yes (Yes)
    2015

    LENGTH OF MIGRATION-RELATED DETENTION

    MIGRATION-RELATED DETENTION INSTITUTIONS

    Custodial Authorities
    Immigration Department (Ministry of National Security) Internal or Public Security
    2012
    Detention Facility Management
    Immigration Department (Governmental)
    2012
    Police (Governmental)
    2012

    PROCEDURAL STANDARDS & SAFEGUARDS

    DETENTION MONITORS

    TRANSPARENCY

    READMISSION/RETURN/EXTRADITION AGREEMENTS

    COVID-19

    HEALTH CARE

    COVID-19 DATA

    INTERNATIONAL TREATIES

    International Treaties Ratified
    Ratification Year
    Observation Date
    ICCPR, International Covenant on Civil and Political Rights
    2019
    2019
    ICESCR, International Covenant on Economic, Social and Cultural Rights
    2019
    2019
    CRPD, Convention on the Rights of Persons with Disabilities
    2016
    2016
    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
    CRSR, Geneva Convention Relating to the Status of Refugees
    1995
    1995
    PCRSR, Protocol to the Geneva Convention Relating to the Status of Refugees
    1995
    1995
    CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
    1993
    1993
    CRC, Convention on the Rights of the Child
    1993
    1993
    CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
    1989
    1989
    ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
    1988
    1988
    CRSSP, Convention Relating to the Status of Stateless Persons
    1988
    1988
    VCCR, Vienna Convention on Consular Relations
    1988
    1988
    Ratio of relevant international treaties ratified
    Ratio: 13/19
    Individual Complaints Procedures
    Acceptance Year
    CEDAW, Optional Protocol to the Convention on the Elimination of Discrimination against Women, 1999 2006
    2006
    Ratio of Complaints Procedures Accepted
    Observation Date
    1/4
    1/4
    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 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

    Relevant Recommendations from the UN Universal Periodic Review
    Observation Date
    Yes 2016
    2017
    No 2011

    REGIONAL HUMAN RIGHTS MECHANISMS

    Regional Legal Instruments
    Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
    Observation Date
    CBDP, Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Convention of Belem do Para) 1998
    1998

    GOVERNANCE SYSTEM

    Legal Tradition(s)
    Common law
    2017

    DETENTION COSTS

    OUTSOURCING

    FOREIGN SOURCES OF FUNDING FOR DETENTION OPERATIONS