Chapter 3 - The Fundamental Rights and Freedoms
Note*** These rights apply to ALL humans in The Bahamas, not just citizens. The government has the right to deny rights and freedoms in order to protect the public security, during times of war or crisis, and in order to protect the public welfare. However, the measures taken must be reasonable within a free and democratic society. In some cases, laws that existed before Independence may still be in effect, even if they contradict these rights.***
Every person in The Bahamas is entitled to human rights and freedoms as long as they do not impinge on the rights of others and does not hurt the public interest. Everyone is entitled to the following rights, regardless of race, citizenship, political opinions, colour, religion, and sex.
Life, freedom, security, and protection of the law.
Freedom of religion, expression, freedom to meet, associate and gather.
Privacy of his or her home and property. No one can have their property taken without compensation.
Exceptions to Rights and Freedoms
Note***Below are guidelines in place to protect rights and the guidelines that limit these rights for the protection of others and the protection of the public interest.***
No person may be intentionally killed. Unless that person was convicted of a crime and sentenced to death by the courts.
If the law decides that the force used was reasonable and justifiable, a person may be killed in the following situations:
In order to protect someone’s life or property
During a lawful arrest or to stop someone from escaping from lawful detainment
To suppress a riot, insurrection or mutiny
To stop them from committing a crime
During war
No one may be tortured or forced to endure inhumane or degrading treatment or punishment, unless the kind of torture, treatment, or punishment was legal before Independence.
No person may be held in slavery or be forced to perform labour. Exceptions are:
If the person was sentenced to labour by the court.
If the person is a member of a discipline force and the labour is a part of his or her duties. Or any labour that a person has to do because he or she in a conscientious objector.
If the person is lawfully detained and the labour is needed for hygiene or maintenance of the place where they are detained.
Any reasonable labour needed during a public emergency or any other threat to the public well-being.
When A Person Can Be Arrested Or Detained
The only time a person can be deprived of his or her personal freedom is when it is authorised by law in the following circumstances:
When convicted of a crime and sentenced in a court of any country. This includes if the person is found to be in contempt of court or if he or she was unfit to plead.
When fulfilling a court order.
In order to make sure he or she appears in court.
If there is a reasonable suspicion that he or she has or will commit a crime.
If the person is under 18 and it's for their protection, education or welfare.
To prevent the spread of a infectious disease or In order to provide treatment for someone with mental illness or drug/alcohol addiction.
To prevent unlawful entry to The Bahamas or remove someone here illegally. Or to prevent a foreigner from leaving a specific area or going into a specific area, according to the law.
Rights When You Are Arrested
Any person who is detained must be told why they are being detained in a language that they understand.
They have the right to choose a lawyer and meet with that lawyer privately. If the person is under 18, they must be given time to speak to their parents or guardian.
If a person is arrested because they are suspected of a crime must be brought to court as soon as possible. If not, they must be released.
Any person unlawfully arrested or detained by anyone will be entitled to compensation.
When a person is lawfully detained:
They must be given a written statement of the reason within 5 days. The statement must be in a language they understand.
A notification of the arrest and the legal reasons must be published in the Gazette within 14 days.
Every 3 months they can request that their case be reviewed. The case will then be reviewed within 1 month by an impartial Tribunal. The tribunal will be comprised of the Chief Justice and Supreme Court Justices.
They will be given a space to meet with their lawyer and can give statements to the Tribunal.
The tribunal can make recommendations about the person's detainment to the authority that ordered it. However, the authority may not have to comply.
Every 30 days, the Prime Minister will report on the number of people detained to the House of Assembly.
People Charged With A Crime
Any person charged with a crime will be given a fair trial by a legal and impartial court.
Any person charged with a crime:
Is innocent until they plead or are proven guilty
Must be told what they are charged with in a language they understand
Must be given time and facilities to prepare their defence.
Has the right to defend themselves or pay someone to defend them. If the law allows it, they may get a lawyer paid for by the public.
Can bring witnesses to the court and examine any witnesses called by the prosecution.
Can have an interpreter if they does not speak the language.
Has the right to a trial by jury. The person must be present at the trial unless they choose not to be or behaves in a way that hinders the trial.
A person on trial can pay for a copy of any of the trial's record or proceedings.
No one can be charged with a crime if the act was committed before it was illegal. No person can be given a harsher punishment for a crime then was possible at the time the crime was committed.
No one can be tried twice for the same crime or for any other crime that they could have been tried for during a previous trial unless they lose an appeal.
No one can be convicted of a crime if they have already been pardoned for that crime.
No one can be forced to give evidence at their own criminal trial.
All courts must be independent and impartial. All cases brought before a court must be given a fair hearing in a reasonable time.
All court proceedings related to civil rights or obligations must be held in public. The decision must also be announced in public.
Members of the public can be kept out of a trial:
If it is a preliminary hearing
If publicity may cause prejudice or hinder the proceedings
If it is a matter of public morality
To protect the private lives of people involved
To protect minors
To protect public defence, safety or order.
If the court is following rules or laws that existed since before independence
Laws can be made that require defendants to be responsible for proving certain facts.
Laws can be made that impose conditions on witnesses for the defendant if the witness is paid by the public.
A member of a disciplined force can be tried again for the same crime under the laws of that force. However, any time or punishment already served must be taken into account.
General Rights and Freedoms for Everyday Life
*****These rights cannot be taken away unless a person chooses to give them up. The government may contravene these rights in order to protect public defence, safety, order, morality, or health, or to protect the right of another person.
Any exception must be reasonable within a free and democratic society.
People who hold government offices or are members of a disciplined force may have restrictions on these rights.****
No one can come on your property or search your property without permission.
Authorities can deny this right in the following situations. However, they must still act in a way that is justifiable in a democratic country.
If it's reasonably necessary for public defence, safety, order morality, or health
For town and country planning
For public use or benefit
To develop mineral resources
To protect the rights and freedoms of other people
In order to investigate matters related to taxes or dues
In order to inspect items that belong to the government
To enforce a judgement or court order
Freedom of Religion
Unless a person gives up this right, everyone has the freedom of religion, this includes:
1. Freedom of religion and freedom to change religious beliefs
2. Freedom to worship, teach, and practice their religion in private and public, alone and in a group.
No one can be forced to receive religious instruction or attend any religious ceremony while attending class or school. However, if the person is under 18, a parent or guardian can decide this for them.
Religious bodies can provide religious teachings in schools, even if they receive government funding for education.
No one can be forced to take any oath that opposes their beliefs or religion.
Exceptions can be made to protect public safety, order, morality and/or health.
Exceptions can also be made to protect the right of another person to practice their religion. These exceptions must be reasonable, however.
Freedom of Expression
Unless a person gives up this right, everyone has the freedom of expression which includes:
Freedom to have opinions
Freedom to receive and share ideas and information without interference.
Exceptions can be made to protect public safety, order, morality and/or health.
Exceptions are also made:
To protect the rights and reputations of others
To prevent the spreading of confidential information
To maintain the integrity of the courts
To regulate telecommunications, posts, broadcasting, public exhibitions and public entertainment
Exceptions also apply to people who hold government offices or are a part of a disciplined force. .
Freedom to Gather
No one can be stopped from freely gathering and associating with others. This includes:
Political parties
Trade unions
Other groups to protect a person’s interests
Exceptions can be made to protect public safety, order, morality and/or health and to protect the rights of others.
Exceptions also apply to people who hold government offices or are a part of a disciplined force.
Freedom of Movement
All people have freedom of movement throughout The Bahamas including the freedom to live anywhere in The Bahamas and enter and leave The Bahamas. No one can be forced to leave the Bahamas.
Exceptions:
In the interest of town and country planning
To prevent the spread of animal and/or plant diseases
To protect the rights and freedoms of others
To remove a person to be tried for a crime in another country or to serve prison time for a crime they are convicted of in another country.
Restricting where a public officer or member of a disciplined force lives in order for them to perform their duties
To restrict a non-Bahamian from entering the country and when removing a non-Bahamian from the country
To stop a person from leaving the Bahamas if it is in the public's interest. Or because of an international obligation that Parliament has approved
Lawful detention of a person is permitted.
Public officers and members of disciplined forces will have written guidelines created by the government which will be considered their "law".
Discrimination
No discriminatory laws can be enacted, and no one can be discriminated against because of the law or by any public officer based on the following characteristics:
Race
Place of Origin
Political Opinions
Colour
Creed
Exceptions to this can be made when dealing with the following matters:
In the collection of government revenue, fees, licences, or when levying taxes.
Foreigners’ ability to work, engage in business, or move residences.
Adoption, marriage, divorce, burial, property inheritance, or other matters of personal law
When discrimination is justifiable in a democratic society
When restricting licences for any form of gambling to Bahamians and allowing licences for foreigners.
When setting standards for qualifications for being a public officer. However, these qualifications cannot be specifically based on race, place of origin, political opinions, colour, or creed.
No one can be denied access to any place that is open to the public because of their race, place of origin, political opinions, colour, or creed. However, Bahamians can be denied access to gaming houses.
No one can be discriminated against in matters of property being offered for public sale or lease.
Property Rights
Property cannot be taken by force unless ALL of the following criteria are met:
Taking the property is necessary for public defence, health, safety, order, or morality, or town and country planning for the benefit of the community.
It is needed so badly that it is worth the hardship that will be caused to the owner
The owner is promptly and adequately compensated
Owners have the same right to appeal as any other civil court case.
This does not apply to property taken because of the following reasons:
Overdue taxes
For a penalty for breaking the law
Reasons listed in a legal contract
Property being illegally transported into or out of the Bahamas.
Because a sample is needed for legal reasons
It is an animal that is trespassing or straying
Because of a judgement
It is dilapidated or dangerous to the health of humans, animals or plants
Laws that relate to the validation of land titles
In order to complete work on conservation of natural resources or necessary agricultural development
Laws that allow the taking or administration of enemy property during war
The administration of property belonging to someone who died, someone of unsound mind, or someone under 21 years old. In these cases the person who owns it should still benefit from the property.
The taking or administration of property of a bankrupt person or defunct business so that entitled people can benefit
When creating a trust.
Laws regarding tenants and licensees of land and the commercial use of the land can be different.
Property owned by public corporations can be taken over in the public interest.
If a person feels like their rights over their property are being denied they have the right to go to the Supreme Court.
"Proclamation of Emergency"
A state of emergency is declared when the Governor General makes a "Proclamation of Emergency". Certain laws and rights can be contravened by the Government during such times but it must be reasonable given the situation.
The Proclamation of Emergency must be tabled in the House of Assembly and the Senate within 5 days. If the emergency takes place when the government is dissolved the Governor General can decide to have a general election within 7 days or the former government members will meet.
The Proclamation of Emergency lasts for 14 days, unless the Governor General recalls it. The House of Assembly and the Senate can agree to extend it for up to 6 months at a time.
