Comparative law and justice/Barbados

Part of the Comparative law and justice Wikiversity Project

Lluangsouphom 20:29, 23 September 2010 (UTC)



Basic Information
Demographics

Total Population: 284,589

Nationality: Barbadian(s) or Bajan (colloquial)

Age structure:
 * 0-14 years: 19.2%
 * male: 27,383
 * female: 27,352


 * 15-64 years: 71.3%
 * male 99,829
 * female 103,049


 * 65 years and over: 9.5%
 * male 10,464
 * female 16,512

Median Age: 36.2 years
 * male: 35.1 years
 * female: 37.2 years

Birth rate: 12.55 births/1,000 population

Death rate: 8.41 deaths/1,000 population

Geography Barbados is located in the Caribbean, island in the North Atlantic Ocean, northeast of Venezuela.

World region/continent: Central America and the Caribbean Total land mass: 430 sq km (half the size of New York City) Terrain: relatively flat, it rises gently to central highland region Climate: tropical; rainy season (July to December); cool season (January to June)
 * overall annual temperature: 75°F to 82°F

Natural hazards: infrequent hurricanes; Neighboring islands and bodies of water: Key mountains: Mount Hillaby Key rivers: Long Pond River in St Andrew, Joe's River in St Joseph and Bruce Vale River in St Andrew.
 * The neighboring countries include: Venezuela and Miami
 * The neighboring bodies of water are: Caribbean Sea and the North Atlantic Ocean



Major Cities:

Religion

→ There is no official religion in Barbados.
 * Protestant 63.4% (Anglican 28.3%, Pentecostal 18.7%, Methodist 5.1%, other 11.3%)
 * Roman Catholic 4.2%
 * other Christian 7%
 * other 4.8%
 * none or unspecified 20.6%

Ethnic Groups


 * black 93%
 * white 3.2%
 * mixed 2.6%
 * East Indian 1%
 * other 0.2%

Barbados' population was dominated by descendants of African slaves, but by the 1980s, a distribution of ethnic groups was typical of the Eastern Caribbean; 90% of the population was black, 5% mulatto, and 5% white. Descendants of the white labor class emigrated from Britain.

Language

The languages spoken in Barbados include English and Bajan (also known as Barbadian Creole English. The offical language is English.

Brief History
The island of Barbados, oftentimes known as "Little England," is located in the Caribbean. Through the centuries, Barbados has remained the most British of the Caribbean Islands. Barbados was first inhabited by the British in 1627 and it wasn't until the gradual introduction of political and social reforms in the 1940s and 1950s that Barbados gained complete independence from the UK in 1966. The island was first inhabited by male settlers and slaves captured en route. In 1639, the House of Assembly was formed, which was the only representative legislature in the Caribbean to remain in existence for more than three centuries.

As a basis for the Constitution of 1966, Barbadians used a statement on individual rights and privileges from the 1652 Charter of Barbados. For almost 300 years, Barbados remained in the hands of a small white minority. It was not until World War I that reform finally came, however, as a result of ideas brought back by Clennell Wilsden Wickham of Barbados, Andrew Arthur Cipriani of Trinidad, and others who had served in the British forces abroad. Wickham returned home in 1919 fired by enthusiasm to make Barbados a more democratic place. The Democratic League succeeded in electing a few representatives to the House of Assembly between 1924 and 1932, but it is chiefly remembered for inspiring O'Neale's nephew, Errol Barrow, to found the Democratic Labour Party (DLP).

"Spontaneous rioting erupted throughout the Commonwealth Caribbean in the late 1930s as the region felt the effects of the worldwide depression. In Barbados, fourteen people were killed and forty- seven wounded in protests in 1937. The rioting pushed Grantley Adams to found the Barbados Labour Party (BLP) in 1938. (The BLP was known briefly as the Barbados Progressive League.) Adams, a lawyer who had won the Barbados Scholarship to Oxford in 1918, became the most important figure in preindependence politics. He quickly rose to prominence through his testimony before the British Moyne Commission. Adams argued that the main cause of the riots was economic distress. Elected to the House of Assembly in 1940, Adams became president general of the Barbados Workers Union (BWU) on its formation in 1941."

"Under Barbadian governor Sir Grattan Bushe, the constitution was changed to effect a semiministerial form of government, and the franchise was progressively liberalized. During the 1942 House of Assembly session, Adams led a fight for reforms that broadened the franchise by reducing the cost of qualification, increased direct taxation, established a workmen's compensation program, and protected union leaders from liability in trade disputes." Adams became leader in 1946. Independence was gained and Errol Barrow became its first prime minister.

Economic Development, Health, and Education
Economic Development

GDP: $3.595 billion GDP per capita: $17,700 Average annual income: Industries: tourism, sugar, light manufacturing, component assembly for export Imports: Exports:
 * $1.586 billion
 * commodities: consumer goods, machinery, foodstuffs, construction materials, chemicals, fuel, electrical components
 * partners: Trinidad and Tobago 28.52%, US 27.96%, Colombia 7.13%, China 4.76%, UK 4.39%
 * $385 million
 * commodities: manufactures, sugar and molasses, rum, other foods and beverages, chemicals, electrical components
 * partners: Trinidad and Tobago 17.48%, Jamaica 15.63%, US 8.93%, Saint Lucia 8.13%, UK 5.36%, Saint Vincent and the Grenadines 5.04%, Antigua and Barbuda 4.12%

Health

Infant mortality rate:12.29 deaths/1,000 live births
 * male: 13.89 deaths/1,000 live births
 * female: 10.67 deaths/1,000 live births

Life expectancy: 73.94 years
 * male: 71.65 years
 * female: 76.26 years

Education

Literacy rate: 99.7%
 * male: 99.7%
 * female: 99.7%

→The average education attainment stands so far as everyone age 15 and over has ever attended school. Barbados has had a longstanding emphasis on education, and is known for having one of the oldest and most advanced education systems in the Eastern Caribbean.

Governance


Barbados is a common law country. "At independence in November 1966, Barbados formally adopted the Westminster parliamentary system of government, with a governor general representing the British monarch. Rights and privileges accorded to the governor in 1652 by Britain formed the basis for the Constitution of 1966, which provides for a bicameral parliamentary system headed by a prime minister and cabinet." Executive authority in Barbados relies upon the decisions of the governor general, the prime minister, and a cabinet of at least five ministers. "During the first twenty years of Barbadian history, all of its governments remained in power until the five-year limit."

Barbados' Parliament consists of the British monarch, which is represented by the governor general, the Senate, and the House of Assembly. The monarch appoints the governor general, who serves to the monarch. Duties of the governor general include: appointing judges, commissioners, and senators and for voting in the Senate if there is a tie, but the governor general must act in accordance with the advice of the cabinet or one of its ministers. The governor general presides at all meetings of the Privy Council for Barbados. The Privy Council is an appointed body whose duties include the right to review punishments and grant pardons.

The prime minister holds the most power in the executive and within the cabinet. The prime minister holds the power to choose the cabinet ministers and may also dismiss them. The cabinet, which is responsible to Parliament, is the principal instrument of policy and is charged with direction and control of the government. However, the personality, style, and popularity of the prime minister largely determines the direction of government.

History of Governance in Barbados

The DLP and BLP, which are both centrist social democratic parties and Barbados' two major parties, hold power in organizing the government since independence in 1966. Power is evenly divided between the two parties, and there is little difference between the parties, although it is said that the DLP is a little more conservative than the BLP. "Both parties strongly support private enterprise, but both have undertaken large public works as a necessity in a country where unemployment ranges between 15 and 20 percent."

Constitution

Barbados has a Constitution. The Constitution consists of a House of Assembly of 24 members or as many as Parliament chooses. However, the number was increased to 27 before the 1981 elections. Members of the House of Assembly must be over 21 years old and are elected by universal suffrage. The leader of the majority in the House of Assembly is appointed prime minister by the governor general. The minority leader becomes leader of the opposition. The term of office is five years, but elections may be called at any time by the ruling party, and an election must be called in case of a vote of no confidence.

The Constitution contains various public service commissions which oversees government acts. The commissions include: the Judicial and Legal Service Commission, the Public Service Commission, and the Police Commission. After deliberation with the Prime minister and leader of the opposition, commissioners are appointed by the governor general.

Laws

A bill becomes a law after it has passed both the Senate and the House of Assembly and has been signed by the governor general. Bills may be introduced in either The Senate or House of Assembly. Money bills are an exception, they must be introduced in the elected House of Assembly.

Elections
The Senate is an exclusively appointed body. Senators must be citizens of Barbados and over the age of twenty-one. The Senate elects its own president and deputy president.

Barbados' judiciary includes the Supreme Court, which consists of the High Court and the Court of Appeal. The governor general appoints the chief justice after consultation with the prime minister and the leader of the opposition. The other judges who make up the court are appointed by the Judicial and Legal Service Commission. Judges serve until the age of sixty-five. Appeals from decisions made by the High Court may be made to the three-judge Court of Appeal. The highest appeal is to the Judicial Committee of the Privy Council in London.

Voting for General Elections

Barbadian citizens, aged 18 or older are required to vote in a general election on polling day. Elections are a secret ballot and are anonymous. Voting takes place on election day from 6:00 a.m. to 6:00 p.m. Polling stations are in public buildings such as schools and churches.

On election day, Barbadians vote for candidates running in each of the 30 single-seat constituencies throughout Barbados. A party needs to win 16 constituencies to command a majority in the House of Assembly, which allows it to choose a Prime Minister, formally appointed by the Governor General. Once selected, the prime minister begins the task of forming a government.

Voting is by secret ballot. The only people allowed in the polling station are: the officer who is in charge, the polling clerks, the duty police officers, the candidates, their election agents and polling agents and the voters. Voting takes place in a booth, which is monitored to maintain secrecy. Ballots are placed in the ballot box, which is then sealed and delivered to the counting station.

Judicial Review
The judicial review for Barbados refers to the high court or special senate of the high court. The Supreme Court provides the uniformity for jurisdiction. The decisions for a rule take effect only if all parties are in agreement.

Courts and Criminal Law
Barbados' criminal law system follows ordinary court proceedings.

The judiciary system in Barbados includes the Supreme Court, which consists of the High Court and the Court of Appeal. The chief justice is appointed by the governor general after consultation with the prime minister and the leader of the opposition. Appeals from decisions made by the High Court may be made to the three-judge Court of Appeal. The highest appeal is to the Judicial Committee of the Privy Council in London.

The key actors in courts are the judge and the jury. Their responsibilities include hearing and decision making during court cases.

Role of judges and selection The judges make up the Supreme Court. Judges are appointed by the Judicial and Legal Service Commission. Judges serve until the age of 65. In case of vacancies of judges, the governor general then has the authority to appoint acting judges who serve until the appropriate consultations have been made. A judge cannot enter the duties of his office until he has taken an oath of allegiance and a judicial oath.

Role for jury Barbados uses a jury system for their court hearings and cases. 12 jurymen (and women) make up the jury.

Role of lawyers, educated, trained Lawyers in Barbados receive their education from The University of the West Indies at Cave Hill, Mona, St. Augustine, and the University of Guyana. Graduates go on to become leading members of the bar, the bench and the legal academic community.

Lawyers attend school for the undergraduate and postgraduate program. The undergraduate course leads to the LLB degree (Bachelor of Law) and requires full time attendance for three years. The program is divided into three parts: Students must complete each part successfully, and there is limited acceptance into Parts II and III. The academic year is divided into 2 semesters (from September to December, and from January to May). Students must take 5 courses per semester, 3 credits each. They must have 90 credits in order to be awarded with the degree. In the final year, students are allowed to choose their own program of study, including courses and seminars. Students however, are encouraged to pursue their own interests such as interning, independent study under faculty supervision, and other interests concerning lawyer ambition. Students in their final year are given the opportunity to study abroad at the University of Toronto (Canada)/UWI Exchange Program for one semester.
 * Part I is offered at the University of The West Indies, St Augustine, Mona, The College of the Bahamas and Cave Hill Campuses.
 * Parts II and III are only offered at the Cave Hill campus. The undergraduate program is only offered to the students from countries which contribute to the Faculty of the Schools.

Graduate Studies Program: Specialized Programs offerred by the Faculty of Law:

The attorney in Barbados prepares all court documents and represents individuals in courts. After attaining your law degree, lawyers in barbados decide if they would like to work in the private or public sector. Lawyers in Barbados are trained and educated in schools located in the Bahamas, Jamaica or Trinidad. They do this during the course of their undergraduate and postgraduate work in school. Undergraduates are given a chance to work and intern with faculty members and experiences lawyers during their course work. Postgraduates enroll into programs suiting their needs.
 * The Master of Laws in Corporate and Commercial Law
 * The Advanced Diploma in Corporate and Commercial Law
 * General LL.M.
 * the LL.M. in Public Law
 * the LL.M. in International Law
 * the LL.M. in Judicial Studies
 * the LL.M. in Legislative Drafting

Barbados follows ordinary court proceedings. Defendants are allowed lawyers, the accused does have a chance to speak in court. It is presumed that an accused defendant is innocent until proven guilty.

Organization of courts There is a Supreme Court of Judicature is the high court of court of appeal. Under the constitution, they have unlimited jurisdiction, consisting of a chief justice and three puisne judges, who are appointed by the governor general, who follows under the prime minister. Magistrate courts are part of the civil and criminal jurisdiction. The eight nations--Eight nations—Barbados, Belize, Dominica, Guyana, Jamaica, St. Lucia, St. Vincent and the Grenadines, and Trinidad and Tobago; have met to try and form the Caribbean Court of Justice (CCJ). The judiciary in Barbados is independent and free from any political influences.

"The courts enforce respect for civil rights and assure a number of due process protections in criminal proceedings including a right of detainees to be brought before a judge within 72 hours of arrest."

Punishment
Punishment of crime in Barbados is worth of the crime the offender has committed. The smallest of crimes such as theft of small items, those committing can be sent to prison and must pay a fine of however much the cost of the item stolen was. The Barbadian police force have a "zero tolerance" policy. The policeman in Barbados are allowed to use excessive force. Policeman however, see this is a way of defense, while others argue it is police brutality.

Barbados is still for the death penalty, but the last execution was in 1983. The country feels as though it is mandatory to keep the death penalty, 92 percent of the citizens want to maintain it.

There are prostitution laws, and although there has been talk of child trafficking, it has not been proven or documented that Barbados partakes in child trafficking.

Since 2005, Barbados has been working building a new prison, which will house 1200 inmates, including women and men. The prisoners will be allowed access to health services, recreational facilities and skills training. Brutality in prison can however result to trial, conviction and a sentence in court. It has been very common that officers in prison assault inmates, and like anyone else can face criminal charges. Barbados prison officers hold this act true to their heart, it has been reported that during the past ten years, there have been deaths in prisons, resulting from asthma attacks, heart attacks, and AIDS.

The Nation's prison rate: the prison population total, pertaining to numbers of people in penal institutions including pre-trial detainees: 992 out of the nation's population of 270,000. The prison population rate is 367 per 100,000 of nation's population.

Corporal punishment was not outlawed in schools, but it was subject to guidelines, namely, that it must not be used excessively or inhumanely, he said. The Government and people of Barbados do not view corporal punishment as torture, or inhumane or degrading in itself. But, if corporal punishment was used improperly, it could result in inhumane or degrading treatment. It is permitted in schools only under strict regulation and only by a principal or senior teacher. As so flogging (beating, whipping) children in reform schools, the law has allowed it only to be used for difficult or unreasonable children in certain types of circumstances. Many members of the government argue to rid of corporal punishment in schools, whereas it could lead to torture, death, etc., yet many others feel it is necessary to keep in order to teach disciplinary rules to children.

Law Enforcement
Divisions of Law Enforcement

"The Royal Barbados Police Force is charged with maintaining public order. The small volunteer Barbados Defence Force (BDF) is responsible for national security and can be employed to maintain public order in times of crisis, emergency, or other specific need.  Police committed some human rights abuses."

Law Enforcement Officers The Royal Barbados Police Force is composed of 200 special constables, and 1,250 police officers. Entry in to the Royal Barbados Police Force is through a selection process. Individuals, however, need to meet certain prerequisites, which are:




 * Age:
 * Police Constables: Not less than 19 and not more than 30 years of age. Persons over the age of 30 years may be enlisted as Police Constables in the following cases:
 * -Special Constables who have served not less than three (3) years in the force.
 * -Persons who have served not less than two years in a police force.


 * Special Constables:Not less than 19 and not more than 40 years of age.


 * Academic Qualifications: At least three (3) C.X.C. subjects (General) and grade I, II or III or Three (3) subjects at G.C.E. (Ordinary) for Police Constables. These qualifications are not required of an applicant for the post of Special Constable.


 * Citizenship: Citizen of a Commonwealth Country.


 * Character: Good character and conduct, high integrity.


 * Health: Physically and mentally fit.

Upon receiving the application at the Training Office, the selection process occurs in 8 stages:

Stage 1→ Initial Interview: An interview with the Recruiting Officer and another member of the staff. This interview will be based on the information in your application. Stage 2→ Written Entrance Examination: This examination is comprised of: English, Arithmetic, an Essay and General Knowledge. The exam tests: grammar, written communication skills, numeric skills and knowledge of current affairs. Stage 3→ Intelligence Test: The test is administered by the Ministry of Education. It is designed to test: perceptiveness and ability to make timely and logical decisions. Stage 4→ Blood Tests and Chest X-Rays: The tests are to ensure that there are no existing abnormalities likely to affect training and subsequent service as a police officer. Stage 5→ Physical Fitness Evaluation: This is comprised of a series of exercises and a timed run over a measured distance. It is designed to test: agility, strength and stamina. Stage 6→ Medical Examination: A complete medical examination by the Force's Medical Officer to ensure that applicants are in good medical health. This examination includes testing of: eyes, heart, lungs and blood pressure. Stage 7→ Psychiatric Evaluation: Applicants will be assessed by a trained psychologist to determine whether individuals are psychologically fit for police work. Stage 8→ Formal Panel Interview: This panel comprises members of the Selection Board, headed by an Assistant Commissioner of Police. The file will be examined in detail and, in addition to other questions, applicants may be queried about information contained therein. (The Board determines suitability to be enlisted as a Police Officer).

The selection process may take up to as long as 4 months. Upon passing the selection stage, Police Constables train for 22 weeks at the Regional police Training Centre, while Special Constables train for 7 weeks. Applicants can expect to have investigations run on their background, and can be eliminated at any stage of the process if they do not meet certain criteria. If applicants fail the Entrance Examination of the fitness evaluation, they may reapply after a year, however, individuals can not reapply if they fail any of the other components of the selection process.

Barbados ranks 7.4 out of 10 on the Corruptions Perception Index.

The Royal Barbados Police force focuses on slowing down drug trafficking and enforcing drug laws. The Barbados policeman work with the United States Coast Guard to combat drug trafficking, while also making use of British-trained drug sniffing dogs. Careful watch of drug trafficking is very important in Barbados because the Caribbean region is a major transit for drugs coming from South America to Europe and to the United States. The Barbados Defense Force is responsible for national security.

Role of Military --there is no military structure for the country of Barbados.

Crime Rates and Public Opinion
Crime Rates

Crime in Barbados is moderate compared to other industrialized countries. The typical types of crime include: murder, forcible rape, robbery, aggravated assault, burglary, larceny, and motor vehicle theft "Barbados has below average rates of vehicle theft, theft from vehicles, vehicle vandalism, robbery and assault." The country has lower average crime rates for sex offenses, personal theft, corruption and consumer fraud. The only crime where Barbados has a relatively high rate is burglary, this also includes attempts. "Barbados has a much higher rate of reporting crime to the police than most other countries." Of all countries, Barbados has the highest reporting rates of robbery, threats, sex offenses and assaults. The source of this data is from surveys, police reports and victimization surveys.

Public Opinion

The Barbados Crime Survey (2002) shows that a majority of Barbadians: "over-estimate the increase in general crime, over-estimate the increase in homicide rates, believe a great deal more crime is violent than it is; and underestimate the severity of the courts." 42% of the people agree that the courts are too lenient, Barbadians feel as though the sentencing for burglary is far too lenient, 62% feel the burglars should be imprisoned. They felt a major way to prevent crime in the country starts in the home, almost a third thought better schooling was the answer and 37% thought it was to be tackled by reducing poverty and increasing employment." 50% of the country agrees that the police forces are helpful in controlling crime, and an average number of people felt safe in their homes.

Family Law
Marriage Requirements for obtaining a marriage license:
 * Both parties must be present at the Ministry of Home Affairs
 * The following documents are required:
 * 1) Valid Passport and the original or certified copies of the applicants’ birth certificates, and identification cards;
 * 2) If either party was married previously and widowed, an original or certified copy of the marriage certificate and death certificate in respect of the deceased spouse;
 * 3) If either party was divorced, an original Decree Absolute or Final Judgement. The Decree Nisi is not accepted.


 * Additional requirements:
 * 1) Persons who have been grated Barbadian citizenship must present original document
 * 2) Non-nationals that have been granted a work permit must present a passport stating that the work permit has been granted
 * 3) No marriage license will be issues to a person whose visitor's stay has expired

Marriage of minors: Persons that are 16 years and younger cannot be legally married in Barbados. Persons that are 18 years and older can be married an do not require parental consent. Minors must pay Fees: Arrangements must be made with a Marriage Officer, before completing an application form for a marriage license. A letter from the Marriage Officer is required at the time the application if filled out.
 * Bds$200.00 cash and a $25.00 stamp – If neither party is a citizen or resident of Barbados.
 * Bds$45.00 cash and a $10.00 stamp – If either party is a citizen of Barbados.

There are no laws in Barbados that discriminate women. Barbados encourages participation of women in the government and public affairs. Women are allowed equal access to education, employment, and health care. Politically, within the past couple of years, women have quickly become more involved. There have been a high number of women candidates. Of the 18 cabinet members, five of them were women, including ones at the higher levels of the cabinet.

Adoption Barbados is not a part of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. Only citizens of countries that have diplomatic relations to barbados an adopt Barbadian children. The U.S has diplomatic relations with Barbados. Who can Adopt? Children to be adopted must meet the requirements and definition of an orphan.
 * Residency requirements: The adoption of a Barbadian child can take place in Barbados or in the applicants’ country of residence. Applicants wishing to adopt a child in Barbados will be required to live on the island for at least 18 months. If the applicants want the adoption to take place in the country which they are currently living in, the applicants are required to come to Barbados for at least a few weeks in order to receive the child into their care. They must also attend the High Court hearing for the license to adopt the child and take the child out of Barbados.
 * Age requirements: If prospective parents are already related to the child they want to adopt, they must be at least 18 years old. But, if there are no relations, one of the parents must be 25 years old and at least 18 years older than the child.
 * Marriage requirements: Both married and single people may adopt a child from Barbados

The Process of adopting a child from Barbados:
 * 1) Choose an Adoption Service Provider
 * 2) Apply to be Found Eligible to Adopt
 * 3) Be Matched with a Child
 * 4) Adopt the Child in Barbados
 * 5) Apply for the Child to be Found Eligible for Adoption
 * 6) Bring Your Child Home

Divorce Requirements to get a divorce in Barbados:
 * The couple must keep the one case before the same judge for all of the court proceedings
 * The couple must attend counseling during the process of the divorce
 * Decisions of property and ownership of shared items can be deferred until the divorce is finalized
 * Decisions of financial issues and property can still continue even if one of the parties become deceased during the process
 * If support payments are involved, either of the parties must continue to make payments

In the case of inheritance, a widow, or family of those who have deceased is entitled to inherit a portion of the spouses' land.

It is arguable and mostly agreed that children should be treated better in Barbados. Corporal punishment still exists in schools, and many citizens have a problem with that. On the other hand, elders are treated with the utmost respect. There are programs and policies that protect the rights of the elders.

Human Rights
The fundamental rights protected by the legal system are:
 * Fundamental rights and freedom of the individual
 * Protection of right to life
 * Protection of right to personal liberty.
 * Protection from slavery and forced labour
 * Protection from inhuman treatment.
 * Protection from deprivation of property
 * Protection against arbitrary search or entry
 * Provisions to secure protection of law
 * Protection of freedom of conscience
 * Protection of freedom of expression
 * Protection of freedom of assembly and association
 * Protection of freedom of movement
 * Protection from discrimination on grounds of race, etc.
 * Enforcement of protective provisions
 * Time of emergency
 * Saving of existing law
 * Interpretation

Every citizen in Barbados has the right to equality and freedom of speech. Barbados is very passionate and proud of providing human rights and equality to all their citizens. Barbados promotes equality for all.

"Persons with disabilities, are “near and dear” to both the Government and people of Barbados. The country had done much to develop and enhance policies and programmes to protect people with disabilities. The Government was also fully supportive of the new international Convention on the issue, and it had passed legislation to promote the equalization of opportunities."