WIXLIB

THE CONSTITUTIONpossesses the citizenship or nationality of some othercountry.5. (1) Any woman who, on 9th July 1973, is or hasbeen married to a person —(a) who becomes a citizen of The Bahamas by virtueof Article 3 of this Constitution; or(b) who, having died before 10th July 1973, would,but for his death, have become a citizen of TheBahamas by virtue of that Article,shall be entitled, upon making application and upon takingthe oath of allegiance or such declaration in such manner asmay be prescribed, to be registered as a citizen of TheBahamas:Provided that the right to be registered as a citizen ofThe Bahamas under this paragraph shall be subject to suchexceptions or qualifications as may be prescribed in theinterests of national security or public policy.(2) Any person who, on 9th July 1973, possessesBahamian Status under the provisions of the ImmigrationAct 19672 and is ordinarily resident in the Bahama Islands,shall be entitled, upon making application before 10th July1974, to be registered as a citizen of The Bahamas.(3) Notwithstanding anything contained in paragraph(2) of this Article, a person who has attained the age ofeighteen years or who is a woman who is or has beenmarried shall not, if he is a citizen of some country otherthan The Bahamas, be entitled to be registered as a citizen ofThe Bahamas under the provisions of that paragraph unlesshe renounces his citizenship of that other country, takes theoath of allegiance and makes and registers such declarationas may be prescribed:Provided that where a person cannot renounce hiscitizenship of the other country under the law of that countryhe may instead make such declaration concerning thatcitizenship as may be prescribed.(4) Any application for registration under paragraph(2) of this Article shall be subject to such exceptions orqualifications as may be prescribed in the interests ofnational security or public policy.(5) Any woman who on 9th July 1973 is or has beenmarried to a person who subsequently becomes a citizen of219Persons entitledto be registered ascitizens.Statute Law of the Bahama Islands, No. 25 of –––––––––––LRO 1/2006STATUTE LAW OF THE BAHAMAS

20Persons born inThe Bahamasafter 9th July1973.Persons born inThe Bahamasafter 9th July1973 of noncitizen parents.THE CONSTITUTIONThe Bahamas by registration under paragraph (2) of thisArticle shall be entitled, upon making application and upontaking the oath of allegiance or such declaration as may beprescribed, to be registered as a citizen of The Bahamas:Provided that the right to be registered as a citizen ofThe Bahamas under this paragraph shall be subject to suchexceptions or qualifications as may be prescribed in theinterests of national security or public policy.(6) Any application for registration under this Articleshall be made in such manner as may be prescribed asrespects that application:Provided that such an application may not be madeby a person who has not attained the age of eighteen yearsand is not a woman who is or has been married, but shallbe made on behalf of that person by a parent or guardianof that person.6. Every person born in The Bahamas after 9th July1973 shall become a citizen of The Bahamas at the date ofhis birth if at that date either of his parents is a citizen ofThe Bahamas.7. (1) A person born in The Bahamas after 9th July1973 neither of whose parents is a citizen of The Bahamasshall be entitled, upon making application on his attainingthe age of eighteen years or within twelve monthsthereafter in such manner as may be prescribed, to beregistered as a citizen of The Bahamas:Provided that if he is a citizen of some country otherthan The Bahamas he shall not be entitled to be registeredas a citizen of The Bahamas under this Article unless herenounces his citizenship of that other country, takes theoath of allegiance and makes and registers such declarationof his intentions concerning residence as may beprescribed.(2) Any application for registration under this Articleshall be subject to such exceptions or qualifications as maybe prescribed in the interests of national security or publicpolicy.STATUTE LAW OF THE BAHAMASLRO 1/2006

THE CONSTITUTION8. A person born outside The Bahamas after 9th July1973 shall become a citizen of The Bahamas at the date ofhis birth if at that date his father is a citizen of TheBahamas otherwise than by virtue of this Article or Article3(2) of this Constitution.9. (1) Notwithstanding anything contained in Article8 of this Constitution, a person born legitimately outsideThe Bahamas after 9th July 1973 whose mother is a citizenof The Bahamas shall be entitled, upon making applicationon his attaining the age of eighteen years and before heattains the age of twenty-one years, in such manner as maybe prescribed, to be registered as a citizen of The Bahamas:Provided that if he is a citizen of some country otherthan The Bahamas he shall not be entitled to be registeredas a citizen of The Bahamas under this Article unless herenounces his citizenship of that other country, takes theoath of allegiance and makes and registers such declarationof his intentions concerning residence as may beprescribed.(2) Where a person cannot renounce his citizenship ofsome other country under the law of that country, he mayinstead make such declaration concerning that citizenshipas may be prescribed.(3) Any application for registration under this Articleshall be subject to such exceptions or qualifications as maybe prescribed in the interests of national security or publicpolicy.10. Any woman who, after 9th July 1973, marries aperson who is or becomes a citizen of The Bahamas shallbe entitled, provided she is still so married, upon makingapplication in such manner as may be prescribed and upontaking the oath of allegiance or such declaration as may beprescribed, to be registered as a citizen of The Bahamas:Provided that the right to be registered as a citizen ofThe Bahamas under this Article shall be subject to suchexceptions or qualifications as may be prescribed in theinterests of national security or public policy.21Persons bornoutside TheBahamas after9th July 1973.Further provisions for personsborn outside TheBahamas after9th July 1973.Marriage tocitizens of –––––––––––––LRO 1/2006STATUTE LAW OF THE BAHAMAS

22Deprivation ofcitizenship.Renunciation ofcitizenship.Power ofParliament.THE CONSTITUTION11. (1) If the Governor-General is satisfied that anycitizen of The Bahamas has at any time after 9th July 1973acquired by registration, naturalisation or other voluntaryand formal act (other than marriage) the citizenship of anyother country, the Governor-General may by order deprivethat person of his citizenship.(2) If the Governor-General is satisfied that anycitizen of The Bahamas has at any time after 9th July 1973voluntarily claimed and exercised in any other country anyrights available to him under the law of that country, beingrights accorded exclusively to its citizens, the GovernorGeneral may by order deprive that person of hiscitizenship.12. Any citizen of The Bahamas who has attained theage of twenty one years and who —(a) is also a citizen or national of any other country;or(b) intends to become a citizen or national of anyother country,shall be entitled to renounce his citizenship of TheBahamas by a declaration made and registered in suchmanner as may be prescribed:Provided that —(a) in the case of a person who is not a citizen ornational of any other country at the date ofregistration of his declaration or renunciation, ifhe does not become such a citizen or nationalwithin six months from the date of registrationhe shall be, and shall be deemed to haveremained, a citizen of The Bahamasnotwithstanding the making and registration ofhis declaration of renunciation; and(b) the right of any person to renounce hiscitizenship of The Bahamas during any periodwhen The Bahamas is engaged in any war shallbe subject to such exceptions or qualifications asmay be prescribed in the interests of nationalsecurity or public policy.13. Parliament may make provision —(a) for the acquisition of citizenship of The Bahamasby persons who do not become citizens of TheBahamas by virtue of the provisions of thisChapter;STATUTE LAW OF THE BAHAMASLRO 1/2006

THE CONSTITUTION(b) for depriving of his citizenship of The Bahamasany person who is a citizen of The Bahamasotherwise than by virtue of paragraphs (1) or (2)of Article 3 or Articles 6 or 8 of thisConstitution; or(c) for the certification of citizenship of TheBahamas for persons who have acquired thatcitizenship and who desire such certification.14. (1) Any reference in this Chapter to the father of aperson shall, in relation to any person born out of wedlockother than a person legitimated before 10th July 1973, beconstrued as a reference to the mother of that person.(2) For the purposes of this Chapter, a person bornaboard a registered ship or aircraft, or aboard an unregisteredship or aircraft of the government of any country, shall bedeemed to have been born in the place in which the ship oraircraft was registered or, as the case may be, in that country.(3) Any reference in this Chapter to the nationalstatus of the father of a person at the time of that person’sbirth, shall, in relation to a person born after the death ofthe father, be construed as a reference to the national statusof the father at the time of the father’s death; and wherethat death occurred before 10th July 1973 and the birthoccurred after 9th July 1973 the national status that thefather would have had if he had died on 10th July 1973shall be deemed to be his national status at the time of hisdeath.23Interpretation.CHAPTER IIIPROTECTION OF FUNDAMENTAL RIGHTS ANDFREEDOMS OF THE INDIVIDUAL15. Whereas every person in The Bahamas is entitledto the fundamental rights and freedoms of the individual,that is to say, has the right, whatever his race, place oforigin, political opinions, colour, creed or sex, but subjectto respect for the rights and freedoms of others and for thepublic interest, to each and all of the following, namely —(a) life, liberty, security of the person and theprotection of the law;Fundamentalrights andfreedoms of ––––––––––––––LRO 1/2006STATUTE LAW OF THE BAHAMAS

24Protection ofright to life.Protection frominhumantreatment.THE CONSTITUTION(b) freedom of conscience, of expression and ofassembly and association; and(c) protection for the privacy of his home and otherproperty and from deprivation of propertywithout compensation,the subsequent provisions of this Chapter shall have effectfor the purpose of affording protection to the aforesaidrights and freedoms subject to such limitations of thatprotection as are contained in those provisions, beinglimitations designed to ensure that the enjoyment of thesaid rights and freedoms by any individual does notprejudice the rights and freedoms of others or the publicinterest.16. (1) No person shall be deprived intentionally ofhis life save in execution of the sentence of a court inrespect of a criminal offence of which he has beenconvicted.(2) A person shall not be regarded as having beendeprived of his life in contravention of this Article if he diesas a result of the use, to such extent and in suchcircumstances as are permitted by law, of such force as isreasonably justifiable —(a) for the defence of any person from violence orfor the defence of property;(b) in order to effect a lawful arrest or to prevent theescape of a person lawfully detained;(c) for the purpose of suppressing a riot,insurrection or mutiny; or(d) in order to prevent the commission by thatperson of a criminal offence,or if he dies as a result of a lawful act of war.17. (1) No person shall be subjected to torture or toinhuman or degrading treatment or punishment.(2) Nothing contained in or done under the authorityof any law shall be held to be inconsistent with or incontravention of this Article to the extent that the law inquestion authorises the infliction of any description ofpunishment that was lawful in the Bahama Islandsimmediately before 10th July 1973.STATUTE LAW OF THE BAHAMASLRO 1/2006

THE CONSTITUTION18. (1) No person shall be held in slavery or servitude.(2) No person shall be required to perform forcedlabour.(3) For the purposes of this Article, “forced labour”does not include —(a) any labour required in consequence of thesentence or order of a court;(b) any labour required of a member of a disciplinedforce in pursuance of his duties as such or, in thecase of a person who has conscientiousobjections to service in a naval, military or airforce, any labour which that person is requiredby law to perform in place of such service;(c) labour required of any person while he islawfully detained which, though not required inconsequence of the sentence or order of a court,is reasonably necessary in the interests of hygieneor for the maintenance of the place in which heis detained; or(d) any labour required during a period of publicemergency (that is to say, a period to whichArticle 29 of this Constitution applies) or in theevent of any other emergency or calamity thatthreatens the life or well-being of the community,to the extent that the requiring of such labour isreasonably justifiable, in the circumstances ofany situation arising or existing during thatperiod or as a result of that other emergency orcalamity, for the purpose of dealing with thatsituation.19. (1) No person shall be deprived of his personalliberty save as may be authorised by law in any of thefollowing cases —(a) in execution of the sentence or order of a court,whether established for The Bahamas or someother country, in respect of a criminal offence ofwhich he has been convicted or in consequenceof his unfitness to plead to a criminal charge orin execution of the order of a court on thegrounds of his contempt of that court or ofanother court or tribunal;25Protection fromslavery andforced labour.Protection fromarbitrary arrestor ��––––––––––––LRO 1/2006STATUTE LAW OF THE BAHAMAS

26THE CONSTITUTION(b) in execution of the order of a court made in orderto secure the fulfilment of any obligationimposed upon him by law;(c) for the purpose of bringing him before a court inexecution of the order of a court;(d) upon reasonable suspicion of his havingcommitted, or of being about to commit, acriminal offence;(e) in the case of a person who has not attained theage of eighteen years, for the purpose of hiseducation or welfare;(f) for the purpose of preventing the spread of aninfectious or contagious disease or in the case of aperson who is, or is reasonably suspected to be, ofunsound mind, addicted to drugs or alcohol, or avagrant, for the purpose of his care or treatmentor the protection of the community;(g) for the purpose of preventing the unlawful entryof that person into The Bahamas or for thepurpose of effecting the expulsion, extradition orother lawful removal from The Bahamas of thatperson or the taking of proceedings relatingthereto; and, without prejudice to the generalityof the foregoing, a law may, for the purposes ofthis subparagraph, provide that a person who is nota citizen of The Bahamas may be deprived of hisliberty to such extent as may be necessary in theexecution of a lawful order requiring that personto remain within a specified area within TheBahamas or prohibiting him from being withinsuch an area.(2) Any person who is arrested or detained shall beinformed as soon as is reasonably practicable, in alanguage that he understands, of the reasons for his arrestor detention and shall be permitted, at his own expense, toretain and instruct without delay a legal representative ofhis own choice and to hold private communication withhim; and in the case of a person who has not attained theage of eighteen years he shall also be afforded a reasonableopportunity for communication with his parent or guardian.STATUTE LAW OF THE BAHAMASLRO 1/2006

THE CONSTITUTION(3) Any person who is arrested or detained in such acase as is mentioned in subparagraph (1)(c) or (d) of thisArticle and who is not released shall be brought withoutundue delay before a court; and if any person arrested ordetained in such a case as is mentioned in the saidsubparagraph (1)(d) is not tried within a reasonable time heshall (without prejudice to any further proceedings thatmay be brought against him) be released eitherunconditionally or upon reasonable conditions, including inparticular such conditions as are reasonably necessary toensure that he appears at a later date for trial or forproceedings preliminary to trial.(4) Any person who is unlawfully arrested or detainedby any other person shall be entitled to compensationtherefor from that other person.(5) Where a person is detained by virtue of such a lawas is referred to in Article 29 of this Constitution, thefollowing provisions shall apply —(a) he shall, as soon as reasonably practicable and inany case not more than five days after thecommencement of his detention, be furnishedwith a statement in writing, in a language that heunderstands, of the grounds upon which he isdetained;(b) not more than fourteen days after thecommencement of his detention, a notificationshall be published in the Gazette stating that hehas been detained and giving particulars of theprovision of law under which his detention isauthorised;(c) he may from time to time request that his case bereviewed under subparagraph (d) of thisparagraph but, where he has made such arequest, no subsequent request shall be madebefore the expiration of three months from themaking of the previous request;(d) where a request is made under subparagraph (c)of this paragraph, the case shall, within onemonth of the making of the request, be reviewedby an independent and impartial tribunalestablished by law, presided over by the ChiefJustice or another Justice of the Supreme Courtappointed by him, and consisting of persons �––––––––––LRO 1/2006STATUTE LAW OF THE BAHAMAS27

28Provisions tosecure protectionof law.THE CONSTITUTIONare Justices of the Supreme Court or who arequalified to be appointed as Justices of theSupreme Court;(e) he shall be afforded reasonable facilities toconsult and instruct, at his own expense, a legalrepresentative of his own choice, and he and anysuch legal representative shall be permitted tomake written or oral representations or both tothe tribunal appointed for the review of his case.(6) On any review by a tribunal in pursuance ofparagraph (5) of this Article of the case of any detainedperson, the tribunal may make recommendationsconcerning the necessity or expediency of continuing hisdetention to the authority by whom it was ordered, but,unless it is otherwise provided by law, that authority shallnot be

111. Appointments, etc., of principal representatives of The Bahamas abroad. 112. Appointments on transfer in respect of certain offices. 113. Appointment of Secretary to the Cabinet. PART III The Public Service Board of Appeal 114. Public Service Board of Appeal. 115. Appeals in discipline cases. PART IV The Judicial and Legal Service .