Chapter 3 of the Barbados Constitution

Protection of freedom of expression

20.1
Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this section the said freedom includes the freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interferences and freedom from interference with his correspondence or other means of communication.

20.2
Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision -

that is reasonably required in the interests of defence, public safety, public order, public morality or public health; or
that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the administration or technical operation of telephony, telegraphy, posts, wireless broadcasting, television or other means of communication or regulating public exhibitions or public entertainments; or
that imposes restrictions upon public officers or members of a disciplined force.

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Protection of freedom of assembly and association

21.1
Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties or to form or belong to trade unions or other associations for the protection of his interests.

21.2
Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision -

that is reasonably required in the interest of defence, public safety, public order, public morality or public health; or
that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or
that imposes restrictions upon public officers or members of a disciplined force.

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Protection of freedom of movement

22.1
No person shall be deprived of his freedom of movement, that is to say, the right to move freely throughout Barbados, the right to reside in any part of Barbados, the right to enter Barbados, the right to leave Barbados and immunity from expulsion from Barbados.

22.2
Any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section.

22.3
Nothing contained in or done under the authority of any law shall be held to be inconsistence with or in contravention of this section to the extent that the law in question makes provision -

for the imposition of restrictions on the movement or residence within Barbados of any person or on any person s right to leave Barbados that are reasonably required in the interests of defence, public safety or public order;
for the imposition of restrictions on the movement or residence within Barbados or on the right to leave Barbados of persons generally or any class of persons that are reasonably required in the interests of defence, public safety, public order, public morality or public health;
for the imposition of restrictions on the movement or residence within Barbados of any person who is not a citizen thereof or the exclusion or expulsion from Barbados of any such person;
for the imposition of restrictions on the acquisition or use of land or other property in Barbados;
for the imposition of restrictions, by order of a court, on the movement or residence within Barbados of any person or on any person's right to leave Barbados either in consequence of this having been found guilty of a criminal offense under the law of Barbados or for the purpose of ensuring that he appears before a court at a later date for trial for such a criminal offense or for preceedings preliminary to trial or for preceding relating to his extradition or lawful removal from Barbados;
for the imposition of restrictions upon the movement or residence within Barbados or on the right to leave Barbados of public officers or members of a disciplined force;
for the removal of persons from Barbados -
1. to be tried or punished in some other country for a criminal offense under the law of that country;
2. to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offense under the law of Barbados of which he has been convicted;
3. to be detained in an institution in some other country for the purpose of giving effect to the order of a court made in pursuance of a law of Barbados relating to the treatment of offenders under a specified age; or
4. to be detained for care or treatment in a hospital or other institution in pursuance of a law of Barbados relating yo persons suffering from defect or disease of the mind; or
for the imposition of restrictions on the right of any person to leave Barbados that are reasonably required in order to secure the fulfillment of any obligations imposed on that person by law.

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22.4
Where a person's freedom of movement is restricted by virtue of such a provision as is referred to in subsection (3)(a), the following provisions shall apply -

he shall, as soon as reasonably practicable and in any case not more than five days after the Commencement of the restriction, be furnished with a statement in writing, in a language that he understands, of the grounds upon which the restriction has been imposed;
not more than fourteen days after the commencement of the restriction, a notification shall be published in the Gazette stating that his freedom of movement has been restricted and giving particulars of the provision of law under which the restriction is authorized;
he may from time to time request that his case be reviewed under paragraph (d) but, where he has made such a request, no subsequent request shall be made before the expiration of three months from the making of the previous request;
where a request is made under paragraph (c), the case shall, within one month of the making of the request, be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among persons entitled to practice in Barbados as barristers or solicitors; and
he shall be afforded reasonable facilities to consult and instruct, at his own expense, a legal adviser of his own choice, being a person entitled to practice as aforesaid, and he and any such legal adviser shall be parted to make written or oral representations or both to the tribunal appointed for the review of his case.

22.5
On any review by a tribunal in pursuance of subsection (4) of the case of any person whose freedom of movement has been restricted the tribunal may make recommendations concerning the necessity of expediency of continuing that restriction to the authority by whom it was ordered, but, unless it is otherwise provided by law, that authority by whom it was ordered, but, unless, it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.

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Protection from discrimination on ground of race, etc.

23.1
Subject to the provisions of this section

no law shall make any provision that is discriminatory either of itself or in its effect; and
no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.

23.2
In this section the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which person of another such description are not made subject or are accorded privileges or advantages which are not afforded to persons of another such description.

23.2
Subsection (1)(a) shall not apply to any law so far as that law makes provision -

with respect to persons who are not citizens of Barbados;
with respect to adoption, marriage, divorce .....dissolutions of property on death or other matters of personal law;
whereby person of any such description as is mentioned in subsection (2) may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable;
for authorizing the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period of public emergency; or
for the imposition of taxation or appropriation of revenue by the Government or by any local government authority for local purposes.

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23.4
Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1)(a) to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, place of origin, political opinion, colour or creed) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, or any office in the service of a local government authority or of a body corporate established by any law for public purposes.

23.5
Subsection (1)(b) shall not apply to anything which is expressly or by necessary implication authorized to be done by any such provision of law as is referred to in subsection (3) or (4).

23.6
Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (2) may be subjected to any restriction on the rights and freedoms guaranteed by sections 17, 19, 20, 21 and 22, being such a restriction as is authorized by subsection (2) of section 17, subsection (6) of section 19, subsection (2) of section 20, subsection (2) of section 21, or subsection (3) of section 22, as the case may be.

23.7
Subsection (1)(b) shall not affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by this Constitution or any other law.

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Enforcement of protective provisions

24.1
Subject to the provisions of subsection (6), if any person alleges that any of the provisions of sections 12 to 23, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.

24.2
The High Court shall have original jurisdiction -

to hear and determine any application made by any person in pursuance of subsection (2); and
to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3).

and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 12 to 23:

Provided that the High Court shall not exercise its powers under this subsection if it is satisfied that adequate means of redress are or have been available to the person concerned under any other law.

24.3
If in any proceedings in any court subordinate to the High Court any question arises as to the contravention of any of the provisions of sections 12 to 23, the person presiding in that court shall refer the question to the High Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.

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24.4
Where any question is referred to the High Court pursuance of subsection (3), the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal under this Constitution to the Court of Appeal or to Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, of Her Majesty in Council.

24.5
Parliament may confer upon the High Court such powers in addition to those conferred by this section as may appear to Parliament to be necessary or desirable for the purpose of enabling the High Court more effectively to exercise the jurisdiction conferred upon it by this section.

24.6
Parliament may make provision with respect to the practice and procedure -

of the High Court in relation to the jurisdiction and powers conferred upon it by or under this section;
of the High Court and the Court of Appeal in relation to appeals to the Court of Appeal from decisions of the High Court in the exercise of such jurisdiction; and
of subordinate courts in relation to references to the High Court under subsection (3);

including provision with respect to the time within which any application, reference or appeal shall or may be made or brought; and, subject to any provision so made, provision may be made with respect to the matters aforesaid by rules of court.

24.7
In this section "the Court of Appeal" has the same meaning as it has in section 87.

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Time of emergency

25.1
In this Chapter "period of public emergency" means any period during which -

Barbados is engaged in any war; or
there is in force a proclamation by the Governor General declaring that a state of public emergency exists; or
there is in force a resolution of each House supported by the votes of not less than two thirds of all the members of that House declaring that democratic institutions in Barbados are threatened by subversion.

25.2
A proclamation made by the Governor General shall not be effective for the purposes of subsection (1) unless it is declared therein that the Governor General is satisfied -

that a public emergency has arisen as a result of the imminence of a state of war between Barbados and another State or as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak of infectious disease or other calamity, whether similar to the foregoing or not; or
that action has been taken or is immediately threatened by any person of such a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the community, or any substantial portion of the community, of supplies or services essential to life.

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25.3
A proclamation made by the Governor General for the purposes of this section shall, unless previously revoked, remain in force for one month or for such longer period, not exceeding six months, as the House of Assembly may determine by a resolution supported by the votes of a majority of all the members of that House;

Provided that any such proclamation may be extended from time to time for a further period not exceeding six months by resolution passed in like manner and may be revoked at any time by resolution supported by the votes of a majority of all the members of the House of Assembly.

25.4
A resolution passed by a House for the purposes of subsection (1)(c) may be revoked at any time by a resolution of that House supported by the votes of a majority of all the members thereof.

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Saving of existing law

26.1
Nothing contained in or done under the authority of any written law shall be held to be inconsistent with or in contravention of any provision of sections 12 to 23 to the extent that the law in question -

is a law (in this section referred to as "an existing law") that was enacted or made before 30th November 1966 and has continued to be part of the law of Barbados at all times since that day;
repeals and re-enacts an existing law without alteration; or
alters an existing law and does not thereby render that law inconsistent with any provision of sections 12 to 23 in a manner in which, or to an extent to which, it was not previously so inconsistent.

26.2
In subsection (1)(c) the reference to altering and existing law includes references to repealing it and re-enacting it with modifications or making different provisions in lieu thereof, and to modifying it; and in subsection (1) "written law" includes any instrument having the force of law and in this subsection and subsection (1) references to the repeal and re-enactment of an existing law shall be construed accordingly.

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Interpretation

27.1
In this chapter -

"contravention", in relation to any requirement, includes a failure to comply with that requirement;

"court" means any court of law having jurisdiction in Barbados other that a court established by a disciplinary law, and includes Her Majesty in Council and -

in section 12, section 13, section 14, subsections (2), (3), (5), (8), (9) and (10) of section 18, section 22 and subsection (7) of section 23 includes, in relation to an offense against a disciplinary law, a court established by such a law; and
in section 13, section 14 and subsection (7) of section 23 includes, in relation to an offense against a disciplinary law, any person or authority empowered to exercise jurisdiction in respect of that offense;

"disciplinary law" means a law regulating the discipline of any disciplined force;

"disciplined force" means -

a naval, military or air force;
a police force;
a prison service; or
a fire service;

"legal representative", in relation to any court or other tribunal, means a person entitled to practice as a barrister or solicitor before such court or tribunal; and

"member", in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline.

27.2
References in sections 12, 13, 17 and 22 to a criminal offense shall be construed as including references to an offense against a disciplinary law, and such references in subsections (2) to (7) and (11)(a) of section 18 shall, in relation to proceedings before a court established by a disciplinary law, be similarly construed.

27.3
In relation to any person who is a member of a disciplined force raised under the law of any country other than Barbados and lawfully present in Barbados, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any provision of sections 12 to 23.

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