A/HRC/10/73 Page 16 72. He also referred to problems linked to migration and trafficking, which are relatively new in Barbados. The Bureau of Gender Affairs and the Social Policy Bureau have been given the authority to monitor human trafficking and to report any rise in frequency to the authorities, particularly in the area of prostitution. The new Government has established a cabinet subcommittee on immigration and hopes to have, in the first quarter of 2009, a fully revised and comprehensive migration policy. 73. The Head of Delegation indicated that, while there is no specific legislation on racial discrimination in Barbados, the Constitution guarantees against it. It would be incorrect to state that there is a lack of recognition or knowledge of the existence of such rights or a lack of confidence in the Courts. It should be noted that, although there have been one or two cases that have come before the courts in relation to these matters, the relative absence of such cases would suggest that this is not an issue that has risen to a level that would require handling in the courts of law. 74. The issue of consensual sex between adults of the same sex is a contentious one and it would be disingenuous of the Government to treat it flippantly. It is an issue that engages not only legal considerations but also sociocultural and historical considerations. Barbados is a heavily religious society and has a tremendous lobby in terms of the church, including activist evangelists, who have their own views on this issue. The Government has to therefore consider all the elements involved and all suggestions and submissions, but at this stage is not in a position to make an intervention to abolish those laws, just as it is not yet in a position to allow the use of condoms in prison. These two issues are interlinked and have to be addressed together in their totality. It would be necessary to decriminalize consensual sex between persons of the same sex before any decision can be taken on the issue of allowing condoms in prison. The Government has received a report from the HIV/AIDS Commission which considers all of these issues and a national HIV/AIDS policy has been laid in Parliament. The Government hopes to address all of these issues in the fullness of time to the satisfaction of all interested parties. 75. With regard to the standing invitation for special procedures, it should be recognized that they impose burdens on small countries. It has in fact had, on an ad hoc basis, requests to examine the human rights situation, such as the issue of the condition of prisons. Recommendations have been made and have been taken into consideration; indeed, during the construction of new prison facilities, Barbados has sought to implement those recommendations. It will continue to avail itself of this particular instrument on an ad hoc basis but reserves the right at this stage not to issue a standing invitation. 76. Finally, the representative of Barbados mentioned the constituency councils as a flagship programme of the new Government based on participatory democracy. The Government intends to establish 30 constituency councils to provide a new system of governance at the community level, encouraging participation from civil society and expanding resources, with less centralized delivery of goods. The representative wished to thank, in particular, the Government of China for help in that process. II. CONCLUSIONS AND/OR RECOMMENDATIONS 77. In the course of the discussion, it was recommended that Barbados: 1. Sign and ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Optional Protocol thereto, as well as

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