Legal framework on freedom of religion and actual application
The preamble to the Bahamian Constitution highlights respect for Christian values and the rule of law,[1] upholds the supremacy of God and enshrines the fundamental rights and freedoms of the individual.
Article 15 of the constitution stipulates the protection of every individual’s fundamental rights and freedoms, including freedom of conscience, expression, assembly and association, always subject to respect for the rights and freedoms of others and the public interest, without distinction of race, place of origin, political opinion, colour, creed, or sex.
Article 18 upholds the right of conscientious objection to military service.
Under Article 22 (1), no one can be hindered from exercising their freedom of conscience, freedom of thought and religion, or freedom to change religion or belief or to manifest and propagate these through worship, teaching, practice and observance, either individually or collectively, in public or in private.
Article 22 (2) states that no one attending an educational establishment can be compelled to receive religious instruction or take part in a religious ceremony or observance that is not of the religion they profess without their consent (or that of their guardian in the case of those under the age of 18). Article 22 (4) affirms that no one can be forced to take an oath against their beliefs or in a manner that contravenes their religion or beliefs.
Article 22 (3) adds that no religious body or denomination can be hindered from providing religious education to its members, notwithstanding any government subsidies they might receive.
In May 2024, the Cannabis Bill was tabled in parliament. If approved, it would allow the use of cannabis for medical, research and religious purposes.[2] Article 4 lists the bill’s objectives, one of which is “to provide for the possession and use of cannabis for medical purposes and for use in religious worship”.
Incidents and developments
In August 2023, the Supreme Court ruled on a constitutional challenge brought in connection to a case of possession of a small amount of Indian hemp (cannabis). The latter is classified as a dangerous drug under the Dangerous Drugs Act 2000 (DDA), but for the applicant it was a hallowed herb for sacramental use in his Rastafarian faith. The court admitted that the law did not provide for the religious use of cannabis and that this might interfere with the applicant’s right to practise his religion; at the same time, for the court, the disputed provisions in the DDA were necessary to achieve policy objectives in public health and safety. In the end, the court dismissed the case arguing that the applicant did not provide convincing evidence to rule in favour of an exemption on religious grounds.[3]
In October 2023, a controversy took place between the University of The Bahamas and the Christian Council over a forum held at the university during pride week organised by the LGBTIQ+ community. The university said that these forums were part of the mandate for national development in places where there is academic freedom. The Christian Council said that it had no objections to debates but argued that the university should not become a propaganda tool for special interests.[4]
After Hamas attacked Israel in October 2023, some local businesses began to display the Star of David in support of the Jewish community.[5]
In April 2024, Rastafarian leaders asked for free licences to grow cannabis as reparation for years of discrimination and criminalisation.[6] This was the culmination of repeated requests by the Rastafarian community concerned about the impact of a ban on the use of marijuana in religious ceremonies. After community leaders, the Rastafarian community, religious groups and others were consulted over the issue,[7] the Cannabis Bill was tabled in Parliament in May 2024. If approved, it would allow the use of cannabis for medical, research and religious purposes.[8]
April 2024 marked 30 years of diplomatic relations with Kuwait, and representatives of both countries sponsored an iftar at a mosque. The Director General of the Ministry of Foreign Affairs said that “Cultural diplomacy is a very important aspect in the relations between States and religious communities.”[9]
Prospects for freedom of religion
In the period 2023-2024, there were no reports of intolerance or discrimination based on religious grounds. For the Rastafarian community, however, the Cannabis Bill represents progress, even if agreement is yet to be reached. No major changes have occurred and the prospects for freedom of religion are positive.
Sources
Bahamas