Legal framework on freedom of religion and actual application
In its preamble, the Constitution of Barbados proclaims that it is a sovereign nation which recognises the supremacy of God, the dignity of the human person, and respect for human rights and fundamental freedoms.[1]
Article 11 protects the fundamental rights and freedoms of every person, without distinction of race, origin, political opinion, colour, creed, or sex, including freedom of conscience, expression, assembly, and association.
Article 14 (3, c) recognises the right of conscientious objection to military service.
Article 19 (1) guarantees freedom of conscience, which includes freedom of thought and religion, the freedom to change religion or belief, and the freedom to manifest and propagate these through worship, teaching, practice, and observance, either alone or with others, in public or in private.
Article 19 (2) grants every religious community the right to establish and maintain, at its own expense, places of education. Under Article 19 (3), the right to offer religious instruction is guaranteed, irrespective of whether the providing institution receives government subsidies.
Article 19 (4) stipulates that students cannot be required to receive religious instruction or take part in any religious ceremony or observance without their express consent or that of a guardian if they are minors. According to Article 19 (5), no one can be required to take an oath against their beliefs or in a manner that contravenes their religion or beliefs.
The Education Act (Chapter 41)[2] stipulates that school-age children can be absent from class for various reasons, including religious observance (Article 42, 1, d). However, in this case, parents must apply for a certificate of exemption (Article 42, 3, b).
State schools cannot require students to take religious courses or participate in religious events or celebrations if their parents object (Article 54).[3]
Incidents and developments
In 2019, Parliament passed the Sacramental Cannabis Act, which grants Rastafarians the right to use cannabis for sacramental purposes in places of worship as well as in public.[4]
In 2021 the constitution was amended, making Barbados a republic,[5] a change that did not affect the right to religious freedom.
The National Planning Committee, chaired by Senator Pat Parris, held a religious thanksgiving service in November 2023 which included church representatives, to mark the country's independence. The event was centred on youth, and young Christians, Hindus, Jews and Muslims participated.[6]
In March 2024, Rastafarian leaders spoke out against the Sacramental Cannabis Act, pointing out that it did not allow the religious use of cannabis in private homes.[7] A member of the Rastafarian community later contended that the law thereby violated his constitutional rights, and challenged it in court.[8]
In May 2024, Rev Ferdinand Nicholls, founder and senior pastor of the House of Freedom Ministries in Barbados, expressed concern over proposed anti-cybercrime legislation because he believed it could threaten freedom of speech, religious expression, and other civil liberties.[9]
The controversial sections of the relevant bill have sparked strong reactions. Critics warn that clauses 19 to 23 could have a negative impact on free speech, potentially criminalising certain expressions simply because some people might feel offended or disagree with them.[10]
In Barbados, the government acknowledges the spiritual dimension of life. In her 2023 Christmas message, Prime Minister Mia Amor Mottley encouraged participation in the Christmas celebrations, and called upon God's blessing.[11]
In September 2024, the government announced the creation of a National Advisory Council on Citizen Security to combat crime, with members from different religious organisations, including the Barbados Christian Council.[12] That same month, an ecumenical ceremony was held at the Cathedral Church of St Michael and All Angels to launch the Legal Year, with justices and judges from different levels in attendance.[13]
Prospects for freedom of religion
During the period covered in this report, there were no incidents of religious intolerance or discrimination, although the Rastafarian community is still calling for greater flexibility in the religious use of cannabis. Relations between the government and religious organisations are positive, as are prospects for religious freedom.
Sources
Barbados