CARICOM TREATY FOR THE
ESTABLISHMENT OF SEX OFFENDER REGISTRIES AND VICTIMS SUPPORT SYSTEMS
draft produced by Jonathan Bhagan LLB L.E.C. and Gina Maharaj LLB L.E.C. LLM.
PREAMBLE
The State
Parties to the present Treaty Establishing Sex Offender Registries signed
at on ,
Condemning
sex crimes
as being among the most heinous acts known to mankind;
Recognizing the need to protect all
persons from sex crimes through the implementation of sound policies and the strengthening
of regional institutions;
Recognizing further that the right of sex
offenders to be protected from potential discrimination is a fundamental human
right and must be preserved;
Determined
to implement
international best practice in the Caribbean region in order to combat the
scourge of sex crimes and prevent recidivism amongst offenders;
Recalling the Declaration of Grand
Anse, the Revised Treaty of Chaguaramas and the history of movements of the
Caribbean Community towards regional integration and cooperation;
Desirous of regional cooperation in achieving the
goal of reducing the incidences of sex crimes from future and repeat offenders;
Resolved in ensuring the advancement of
fundamental human rights and freedoms in accordance with the highest standards
of international law in preserving the rights of sex offenders and thereby
preventing this treaty from being used as a tool of oppression or
victimization;
Cognisant that multi-sectoral and
inter-disciplinary cooperation is necessary to combat all forms of sex crimes,
and further in treating those persons suffering from disorders that predispose
them to commit sex crimes;
Considering the overlapping relationship
between sex crimes and other related criminal activities such as human
trafficking and the need to take further steps to address all forms of crimes
related to sexual abuse;
Acknowledging the need for continuous research and evaluation
of current regional policies in order to ensure that the goal of reducing sex
crimes is achieved;
Convinced of the need for rehabilitative and
restorative justice policies in conformity with international human rights
standards and the criminal justice system in reducing recidivism amongst
perpetrators;
Determined further to make the best use of regional
cooperation in the establishment of victims’ support institutions and policies
that help in increasing the reporting and conviction rate of sex crimes;
Desirous further of cooperating with all
willing international partners in sharing sex offender registry information so
as to protect potential victims of sex crimes globally;
Committed to building inter-regional
and global partnerships in the prevention of sex crimes;
Mindful that co-operation and joint action is
necessary in combatting sex crimes;
Committed further in ensuring that parties to
this treaty harmonize laws against sex crimes in order to facilitate the
objectives of this treaty;
Acknowledging further the need for greater support
for civil society organizations, which are the main providers of services to
victims of sex crimes;
Recalling further that the people of the Caribbean Community,
acting through various civil society organizations have drafted this treaty of
their own accord out of a desire to end the scourge of sex crimes which are in
gross violation of the United Nations Declaration on the Rights of a Child, the
United Nations Convention on Human Rights, the American Convention on Human
Rights and other local and international instruments which are of the highest
standards under human rights law in the upholding of respect and dignity of the
people;
Have
agreed as follows:
ARTICLE
1
Use
and Definition of Terms
‘Sex Crimes’ are defined as follows
Court means the Caribbean Court of Justice
Fundamental Human Rights means the highest possible standard of human
rights found in international law inclusive of the ICCPR , UNDHR , United
Nations Convention on the Rights of a Child, ICESCR, ACHR the Constitutions of the states parties to
this agreement and judicial decisions decided upon by human rights courts and
committees in interpreting international human rights
“Serious crime” shall mean conduct
constituting an offence punishable by a maximum
deprivation of liberty of at least four years or a more serious penalty
“Child” shall be taken to mean a
person under 18 years of age
Paraphalia
Pedophilia
Nymphomania
Victim Support Unit
CHAPTER ONE
PRINCIPLES
ARTICLE 2
Purpose and Scope
The
purpose and scope of this treaty is as follows:
1. To establish a regional
sex offenders registry and mandate that signatories establish local sex
offenders registries;
2. To create a system of
notification to track whenever an offender moves from one jurisdiction to
another, and to ensure that sex offenders registered in non-signatory states
are registered when they enter the Caribbean region;
3. To mandate that
signatories bring their laws and policies dealing with sex crimes in accordance
with international law and international best practice.
4. To mandate that
signatories establish victims’ support units in their respective jurisdictions
to provide practical assistance to victims of sex crimes;
5. To mandate that a system
of treatment, rehabilitation and reintegration be established for former
offenders in ensuring that their rate of recidivism is reduced and are able to
integrate into society;
6. To ensure that a convicted perpetrator of a
sex crime is never employed in a situation that facilitates their predilections;
and
7. To introduce measures that
increase the conviction rate of perpetrators of sex crimes, deter future
offenders and also in accordance with human rights law, protect these offenders
from discrimination.
ARTICLE 3
Non- Discrimination
The implementation of the
provisions of this Treaty by Contracting Parties, in particular the enjoyment
of measures to protect and promote the rights of victims and offenders, shall
be secured without discrimination on any ground such as sex, gender, race, ethnicity
colour, language, religion, political or other opinion, national or social
origin, property, birth or other status.
CHAPTER THREE
OFFENDER
REGISTRATION POLICIES AND DATABASES
ARTICLE 4
Obligation to create local Sex Offender Registries
The parties undertake to
establish public sex offender registries in their own jurisdictions which will
consist of:-
i.
A permanent record of all offenders
and all their respective convictions for sex crimes; and
ii.
The following information and
whereabouts of convicted persons:
a. Age;
b. Full
name;
c. Place
of birth;
d. Detailed
description of perpetrator;
e. Date
and location of all incidents that took place;
f.
Detailed facts of the crime perpetrated
g. Details
of the all sentences;
h. Length
of incarceration if incarcerated; and
i. Photo
of offender.
j.
Biometric data to track offenders who change their identity
ARTICLE 5
Establishment of a regional Sex Offender
Registry
1. The
parties undertake to establish a regional public sex offender registry, which
shall include all the information taken from each state’s individual sex
offender registry and shall be administered and supervised by the appropriate
bodies of the Government.
2. Nationals of States who are parties to this treaty who are
convicted by a competent tribunal of the crimes listed in the First Schedule of
this instrument anywhere in the world shall be included on this registry.
3. This Registry shall incorporate information
regarding registered Sex Offenders provided by INTERPOL via official INTERPOL
notices or any other method of transmitting or sharing information.
4. Information from this Registry shall be made available to any
nation state or partnered international organization upon request.
ARTICLE 6
Differences in Legislation between State
Parties not to be a barrier
1. The express purpose of this
article shall be to ensure that differences in legislation between State
Parties do not become barriers to the establishment of a Regional Sex Offenders
Registry.
2. The criminal offences for which
State Parties to this agreement are concerned are listed in the First Schedule annexed
to this instrument and any offences that have the same factual components as
the offences listed in the First Schedule whether or not said offences are
given the same terminology by the respective legislation of any state party.
3. State Parties undertake to
create Sex Crime Equivalency Schedules that categorize crimes in their domestic
legislation according to their factual components and equate crimes in domestic
legislation to crimes in the First Schedule to this Agreement based on factual
components.
4. Where domestic legislation
omits to deal with a crime listed in the First Schedule annexed to this
instrument State Parties undertake to implement new legislation to bring their
legal system into conformity with this instrument.
5. Where there is an express
contradiction between the categorization of offences in the First Schedule and the
Domestic Legislation of a State Party said State Party undertakes to amend and
harmonize their legislation so as not to defeat the object and purpose of this
treaty.
ARTICLE 7
Obligation to register with local
authorities and declare status as an offender
1. The
parties shall undertake to create a legal obligation for all persons previously
convicted of sex crimes entering their respective jurisdictions for the purpose
of migration, study or an extended period of stay to immediately declare their
status and register with local authorities.
2. The parties undertake to create appropriate
mechanisms to punish persons who fail to declare their status as a former sex
offender and register with local authorities.
ARTICLE 8
Limitations to be placed on registered
offenders
1. State
parties shall implement policies or give legislation effect to ensure that convicted
perpetrators of sex crimes are never employed or placed in positions that
facilitate their predilections.
2. In the case of a pedophile, said person shall be prohibited from working on
or near a school compound or in any facility that cares for children.
3. In the case of a rapist said person shall not be granted coercive powers
that may be used to facilitate future rapes e.g. powers of arrest such as for a
police officer.
4. A table detailing positions
which offenders should be prevented from holding is hereto annexed to the
Second Schedule of this instrument.
CHAPTER FOUR
IMPLEMENTATION
OF VICTIM SUPPORT UNITS
ARTICLE 9
Mutual
Cooperation with authorities in other jurisdictions
1. Member States shall establish Victim Support
Units in their respective jurisdictions to help victims of sex crimes.
2. Member States undertake to co-operate with each
other in helping victims of sex crimes through their respective Victim Support
Units by keeping abreast of international best practice and current societal
trends to facilitate the altering of legislation and policy regarding to same.
3. Member States undertake to share resources,
training materials and personnel to ensure the same standard of service is
available in every Victims Support Unit in the region.
ARTICLE 10
Measures to
protect the rights of victims
1.States Parties shall adopt appropriate
measures to protect the rights and interests of victims of the practices
prohibited under the present treaty at all stages of the criminal justice
process, in particular by:
i.
Recognizing the vulnerability
of victims and adapting procedures to recognize their special needs, including
their special needs as witnesses;
ii.
Informing victims of their
rights, their role and the scope, timing and progress of the proceedings and of
the disposition of their cases;
iii.
Allowing the views, needs and
concerns of victims to be presented and considered in proceedings where their
personal interests are affected, in a manner consistent with the procedural
rules of national law;
iv.
Providing appropriate support
services to victims throughout the legal process;
v.
Protecting, as appropriate,
the privacy and identity of victims and taking measures in accordance with
national law to avoid the inappropriate dissemination of information that could
lead to the identification of child victims;
vi.
Providing, in appropriate
cases, for the safety of victims, as well as that of their families and
witnesses on their behalf, from intimidation and retaliation; and
vii.
Avoiding unnecessary delay in
the disposition of cases and the execution of orders or decrees granting
compensation to victims.
2. States Parties shall, in
appropriate cases, adopt measures in order to protect the safety and integrity
of those persons and/or organizations involved in the prevention and/or
protection and rehabilitation of victims of such offences.
3. Nothing in the present
article shall be construed to be prejudicial to or inconsistent with the rights
of the accused to a fair and impartial trial.
ARTICLE 11
Victims Advocacy
and Sensitivity Training
1. The
Parties shall take measures to ensure appropriate training, in particular legal
and psychological training, for the persons who work with victims of the
category of offences mentioned in this treaty.
2. The parties to this treaty undertake to train their police and judicial
staff so as to sensitize them to the needs of victims of all forms of abuse so
as to remove potential barriers to the reporting of all forms of sex crimes.
ARTICLE 12
Victims
Advocacy Service Center
1. The Parties agree to establish Victims Advocacy Service Centers in their respective
jurisdictions that will work alongside Law Enforcement and Civil Society Organizations
to provide the following services:
i.
Assistance to victims to
ensure their full social reintegration and their full physical and
psychological recovery;
ii.
Promote awareness in to the
public at large, including children, through information by all appropriate
means, education and training;
iii.
Provide training to Law
Enforcement and other professionals including Police, Social workers and Judicial staff to help sensitize them to
the needs of victims;
iv.
Provide assistance and
counseling to victims at all stages of the criminal justice process with the
goal of increasing the number of reports and successful convictions of sex
crimes;
v.
Provide a safe and
non-confrontational environment where victims can report sex crimes;
vi.
Provide facilities for victims
to apply for protection orders or restraining orders as need be;
vii.
Provide or facilitate access
to emergency medical attention with the highest priority placed on
confidentiality; and
viii.
Assist in placing victims in a
shelter or some form of accommodation as need be in order to facilitate their recovery
and ensure their safety.
2. The
Victims Advocacy Service Centers shall have independent security staff, which
shall not be affiliated directly with the police or any other branch of
government.
3. The
staff of the center shall be authorized to apply for protection and/ or restraining
orders on behalf of victims.
ARTICLE 13
Financial Support
for Civil Society organizations
1. The
parties undertake to provide funding to civil society organizations in their
respective jurisdictions for the purpose of providing support services for
victims of sex crimes.
2. Parties shall implement legislation and policies to foster better co-operation
between Civil Society organizations Law Enforcement and the Justice system.
CHAPTER FIVE
TREATMENT AND
REHABILITATION FOR OFFENDERS
ARTICLE 14
Counseling and
treatment for potential offenders
State Parties
shall undertake to provide counseling and support for persons suffering from
any condition or paraphilia that may predispose them to commit sex crimes
including pedophilia and nymphomania.
ARTICLE 15
Ongoing support for sex offenders
1. State
Parties shall undertake to provide counseling and support for sex offenders to
assist them in rehabilitation and their reintegration into society.
2. State Parties undertake to assist offenders in finding employment in areas
that will not risk them reoffending.
3. State Parties undertake to
use the data gathered from sex offenders to continue research in the field of
sex crimes to assist in reducing the rate of recidivism.
CHAPTER SIX
GENERAL AND
FINAL PROVISIONS
ARTICLE 16
Right of Appeal
1.Persons shall have a right
to appeal to the Court if they allege that any policy or law created in
accordance with this treaty infringes upon their fundamental human rights.
2. Such appeals shall require
special leave from the Court so as not to entertain vexatious or frivolous
cases.
ARTICLE 17
CCJ empowered to give advisory opinions
1.The Court
shall have exclusive jurisdiction to deliver advisory opinions concerning the
interpretation and application of the Treaty.
2. Advisory opinions shall be delivered only at the request of the following:
i.
State Parties;
ii.
Local Courts;
iii.
INTERPOL; and
iv.
Bodies and organs of the
United Nations.
ARTICLE
18
Matters of Treaty Interpretation
1. With
regards to the interpretation of this treaty the Court may regard as persuasive
authority the general body of international law.
2. The Court shall give regard to the highest standards of human rights found
in international law in delivering its judgment.
ARTICLE
19
Locus Standi of Private Entities
Persons, natural or
juridical, of a Contracting Party may, with the special leave of the Court, be
allowed to appear as parties in proceedings before the Court where:
i.
the Court has determined in
any particular case that this Treaty intended that a right or benefit conferred
by or under this Treaty on a Contracting Party shall enure to the benefit of such
persons directly; and
ii.
the persons concerned have
established that such persons have been prejudiced in respect of the enjoyment
of the right or benefit mentioned in paragraph of this Article; and
iii.
the Contracting Party entitled
to espouse the claim in proceedings before the Court has:
a) omitted
or declined to espouse the claim, or
b) expressly
agreed that the persons concerned may espouse the claim instead of the
Contracting Party so entitled; and
iv.
the Court has found that the
interest of justice requires that the persons be allowed to espouse the claim.
ARTICLE 20
Security Exceptions
Nothing
in this Treaty shall be construed:
i.
As requiring any Member State
to furnish information, the disclosure of which it considers contrary to its
essential security interests.
ii.
As preventing any Member State
from taking any action which it considers necessary for the protection of its
essential security interests:
a) Relating
to the supply of services carried out directly or indirectly for the purpose of
provisioning a military establishment; or
b) In
time of war or other emergency in international relations.
iii.
As preventing any Member State
from taking any action in pursuance of its obligations for the maintenance of
international peace and security.
ARTICLE 21
Signature
This Treaty shall be open for signature on the
day of by the Member States of CARICOM.
ARTICLE
22
Ratification
1.This Treaty and any
amendments thereto shall be subject to ratification by signatory States in
accordance with their respective constitutional procedures.
2.Instruments of ratification
shall be deposited with the Secretariat, which shall transmit certified copies
to the signatory States.
ARTICLE 23
Entry Into Force This Treaty
This Treaty shall enter into force on the deposit of the last instrument of
ratification by the Member States of CARICOM.
ARTICLE 24
Registration
This Treaty and any amendments thereto shall be registered with the Secretariat
of the United Nations in accordance with Article 102 of the Charter of the United
Nations.
ARTICLE 25
Amendments
1.This Treaty may be amended
by the unanimous decision of the Parties.
2. An amendment shall enter
into force one month after the date on which the last instrument of
ratification is deposited with the Secretariat.
ARTICLE 26
Reservations
Reservations may be entered
to this Treaty with the consent of the signatory States.
ARTICLE 27
Accession
1. After the entry into force
of this Treaty a State or Territory of the Caribbean may, if Conference so
determines, accede to this Treaty.
2. Accession shall be on such
terms and conditions as Conference decides and shall take effect one month
following the deposit of the instrument of accession with the Secretariat of
CARICOM.
OPTIONAL PROTOCOL 1
Standardized
E-Passport for all of CARICOM. The data stored on the E passport may include a
person’s Sex Offender Status and biometrics. The USA stamps the passports of
their child sex offenders under the International Megan’s Law
First Schedule
This will likely be based on the UK Sexual Offences Act 2003 so as to have
access to the caselaw being generated from the UK.
Second Schedule
A table detailing positions that offenders must be restricted from
accessing including employment. This
requires discussion and policy analysis
