1 THE CONSTITUTION OF SAINT CHRISTOPHER AND NEVIS 3
2 TRANSITIONAL PROVISIONS 116
At the Court at Buckingham Palace Majesty in Council
Whereas the status of association of Saint Christopher and Nevis with the United Kingdom will terminate on 19th September 1983 and it is necessary to establish a new constitution for Saint Christopher and Nevis upon its attainment of fully responsible status within the Commonwealth:
And whereas the associated state of Saint Christopher and Nevis has, by a resolution passed in the House of Assembly thereof on 16th March 1983, requested and consented to the making of this Order for that purpose:
Now, therefore, Her Majesty, by virtue and in exercise of the powers vested in Her in that behalf by section 5(4) of the West Indies Act 1967 (a), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered as follows:
THE CONSTITUTION OF SAINT CHRISTOPHER AND NEVIS
WHEREAS the People of Saint Christopher and Nevis-
a) declare that the nation is established on the belief in Almighty God and the inherent dignity of each individual;
b) assert that they are entitled to the protection of fundamental rights and freedoms;
c) believe in the concept of true democracy with free and fair elections;
d) desire the creation of a climate of economic wellbeing in the context of respect for law and order; and
e) are committed to achieve their national objectives with a unity of purpose:
NOW THEREFORE, the following provisions shall have effect as the Constitution of Saint Christopher and Nevis:
CHAPTER II. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
Fundamental rights and freedoms.
3.- Whereas every person in Saint Christopher and Nevis is entitled to the fundamental rights and freedoms, that is to shay, the right, whatever his race, place of origin, birth, political opinions, colors, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-
a) life, liberty, security of the person, equality before the law and the protection of the law;
b) freedom of conscience, of expression and of assembly and association; and
c) protection for his personal privacy, the privacy of his home and other property and from deprivation of property without compensation,
the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as ate contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by any person does not impair the rights and freedoms of others or the public interest.
WHEREAS the People of Saint Lucia
a) affirm their faith in the supremacy of the Almighty Good;
b) believe that all persons have been endowed equally by God with inalienable rights and dignity;
c) recognize that the enjoyment of these rights depends upon certain fundamental freedoms namely, freedom of the person, of thought, of expression, of communication, of conscience and of association;
d) maintain that these freedoms can only be safeguarded by the rule of law;
e) realize that human dignity requires respect for spiritual values; for private family life and property; and the enjoyment of an adequate standard of economic and social well-being dependent upon the resources of the State;
f) respect the principles of social justice and therefore believe that the operation of the economic system should result in the material resources of the community being so distributed as to subserve the common good, that there should be adequate means of livelihood for all, that labour should not be exploited or forced by economic necessity to operate in inhumane conditions but that there should be opportunity for advancement on the basis of recognition of merit, ability and integrity;
g) express their commitment to democracy, in particular the principle of a government freely elected on the basis of universal adult suffrage.
h) consider that individually, each person has duties towards every other and to the community and is under obligation to observe and promote the rights, freedoms and values recognized in this Constitution;
i) pledge their support for international peace and security, for friendly relations among nations and the promotion of universal respect for human rights and freedoms; and their co-operation in solving by peaceful means international problems of an economic, social or political character;
j) desire that this Constitution shall reflect and make provisions for ensuring and protecting these rights, freedoms and values.
NOW; THEREFORE, the following provisions shall have effect as the Constitution of Saint Lucia:
CHAPTER I. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
1.- Whereas every person in Saint Lucia is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race,place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-
a) life, liberty, security of the person, equality before the law and the protection of the law;
b) freedoms of conscience, of expression and of assembly and association; and
c) protection for his family life, his personal privacy, the privacy of his home and other property and from deprivation of property without compensation,
the provisions of this Chapter shall have effect of the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest.
2.-
1. A person shall not be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence under any law or which he has been convicted.
2. A person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use to such extent and on such circumstances as are permitted by law, of such force as is reasonably justifiable-
a) for the defence of any person from violence or for the defence of a property;
b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
c) for the purpose or suppressing a riot, insurrection or mutiny; or
d) in order to prevent the commission by that person of a criminal offence.
or if he dies as the result of lawful act of war.
WHEREAS the Peoples of the Island of Saint Vincent, who are known as Vincentians
a) have affirmed that the Nation is founded on the belief in the supremacy of God and the freedom and dignity of man;
b) desire that their society be so ordered as to express their recognition of the principles of democracy, free institutions, social justice and equality before the law;
c) realize that the maintenance of human dignity presupposes safeguarding the rights of privacy of family life, of property and the fostering of the pursuit of just economic rewards for labor;
d) desire that their Constitution should enshrine the above mentioned freedoms, principles and ideals;
AND WHEREAS Saint Vincent (which comprises the inhabited islands of Saint Vincent, Bequia, Union Island, Canouan, Mustique, Mayreau, Petite Saint Vincent, Prune Islands and all other inhabited or uninhabited islands, islets, cays or lands lying between latitudes 12 31'50''N and 13 23'30''N and longitudes 61 07'30''W and 61 28'00''W) is henceforth to be styled Saint Vincent and the Grenadines:-
CHAPTER I. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
Fundamental rights and freedoms
1. Where every person in Saint Vincent is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, political opinions, color, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely
a) life, liberty, security of the person and the protection of the law;
b) freedom of conscience, of expressions and of assembly and association: and
c) protection for the privacy of his home and other property and from deprivation of property without compensation,
the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of other or the public interest.