| FALKLAND ISLANDS Falkland Islands (Islas Malvinas) Falkland Islands (Islas Malvinas) Overseas Territory of the United Kingdom (claimed by Argentina) Joined United Nations: 24 October 1945 Human Rights as assured by their constitution Updated 24 July 2012 |
CHAPTER I
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
following, namely—
Whereas all peoples have the right to self-determination and by virtue of that right they freely determine their political status and freely
pursue their economic, social and cultural development and may, for their own ends, freely dispose of their natural wealth and resources
without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit and
international law;
And whereas the realization of the right of self-determination must be promoted and respected in conformity with the provisions of the
Charter of the United Nations;
And whereas every person in the Falkland Islands is entitled to the fundamental rights and freedoms of the individual, that is to say, the
right, regardless of race, place of origin, political opinions or affiliations, 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, the enjoyment of property and the protection of the law;
(b) freedom of conscience, of expression (including freedom of the press) and of peaceful 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 fair compensation:
Fundamental rights and freedoms of the individual.
1. The provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid individual rights and freedoms,
subject to such limitations on that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment
of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.
Protection of right to life.
2 (1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a crime of treason of
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 in 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 property;
(b) in order to effect a lawful arrest or to prevent the escape 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 that person of a criminal offence,
or if he dies as the result of a lawful act of war.
Protection of right to personal liberty.
3.(1) No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say;
(a) in consequence of his unfitness to plead to a criminal charge;
(b) in execution of the sentence or order of a court, whether established for the Falkland Islands or some other country, in respect of a
criminal offence of which he has been convicted;
(c) in execution of an order of a court punishing him for contempt of that court or of another court or of a tribunal;
(d) in execution of the order of a court made in order to secure the fulfilment of any obligation imposed on him by law;
(e) for the purpose of bringing him before a court in execution of the order of a court;
(f) upon reasonable suspicion of his having committed or of being about to commit a criminal offence under any law;
(g) under the order of a court or with the consent of his parent or guardian, for his education of welfare during any period ending not
later than the date when he attains the age of eighteen years;
(h) for the purpose of preventing the spread of an infectious or contagious disease;
(i) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the
purpose of his care or treatment or the protection of the community;
(j) for the purpose of preventing the unlawful entry of that person into the Falkland Islands or for the purpose of effecting the expulsion,
extradition or other lawful removal of that person from the Falkland Islands or for the purpose of restricting that person while he is being
conveyed through the Falkland Islands in the course of his extradition or removal as a convicted prisoner from one country to another; or
(k) to such an extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within
the Falkland Islands or prohibiting him from being within such an area or to such extent as may be reasonably justifiable for the taking of
proceedings against that person relating to the making of any such order or relating to such an order after it has been made, or to such
extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of the Falkland
Islands in which, in consequence of any such order, his presence would otherwise be unlawful.
(2) Any person who is arrested or detained shall be informed orally and in writing as soon as reasonably practicable, in language that he
understands, of the reason for his arrest or detention.
(3) Any person who is arrested or detained shall have the right, at any stage and at his own expense, to retain and instruct without delay a
legal practitioner of his own choice, and to hold private communications with him, and in the case of a minor he shall also be afforded a
reasonable opportunity for communication with his parent or guardian:
Provided that when the person arrested or detained is unable to retain a legal practitioner of his own choice or be represented by a legal
practitioner at the public expense, he may be represented, and hold private communication with, such person as the court may approve.
(4) Any person who is arrested or detained;
(a) for the purpose of bringing him before a court in execution of the order of a court; or
(b) upon reasonable suspicion of his having committed or being about to commit a criminal offence under any law,
and who is not released, shall be brought without undue delay before a court.
(5) If any person arrested or detained as mentioned in subsection (4)(b) of this section is not tried within a reasonable time, then, without
prejudice to any further proceedings which may be brought against him, he shall be released either unconditionally or upon reasonable
conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for
proceedings preliminary to trial and such conditions may include bail.
(6) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation for such unlawful arrest or
detention from the person who made the arrest or effected the detention, from any person or authority on whose behalf the person
making the arrest or effecting the detention was acting or from them both:
Provided that a judge, a magistrate or a justice of the peace or an officer of a court or a police officer acting in pursuance of the order of
a judge, a magistrate or a justice of the peace shall not be under any personal liability to pay compensation under this subsection in
consequence of any act performed by him in good faith in the discharge of the functions of his office and any liability to pay any such
compensation in consequence of any such act shall be a liability of the Crown.
(7) For the purposes of subsection (1)(b) of this section, a person charged with a criminal offence in respect of whom a special verdict
has been returned that he was guilty of the act or omission charged but was insane when he did the act or made the omission shall be
regarded as a person who has been convicted of a criminal offence and the detention of that person in consequence of such a verdict shall
be regarded as detention in execution of the order of a court.
Protection from slavery and forced labour.
4.(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
(3) For the purposes of this section, the expression forced labour does not include;
(a) any labour required in consequence of the sentence or order of a court;
(b) any labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a
court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;
(c) any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has
conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform
in place of such service;
(d) any labour required during any period of public emergency or, in the event of any other emergency or calamity that threatens the life
and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any
situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that
situation.
Protection from inhuman treatment.
5. No person shall be subjected to torture or to inhuman or degrading punishment or other such treatment.
Protection of freedom of movement.
6.(1) A person shall not be deprived of his freedom of movement, that is to say, the right to move freely throughout the Falkland Islands,
the right to reside in any part of the Falkland Islands, the right to enter the Falkland Islands, the right to leave the Falkland Islands and
immunity from expulsion from the Falkland Islands.
(2) Any restrictions on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or
in contravention of this section.
(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to
the extent that the law in question makes provision;
(a) for the imposition of restrictions on the movement or residence within the Falkland Islands, of any person or on any person's right to
leave the Falkland Islands that are reasonably required in the interests of defence, internal security, public safety or public order;
(b) for the imposition of restrictions on the movement or residence within the Falkland Islands or on the right to leave the Falkland Islands
of persons generally or any class of persons that are reasonably required in the interests of defence, internal security, public safety, public
order, public morality, or public health except so far as that provision or, as the case may be, the thing done under the authority thereof is
shown not to be reasonably justifiable in a democratic society;
(c) for the imposition of restrictions, by order of a court, on the movement or residence within the Falkland Islands of any person or on
any person's right to leave the Falkland Islands either in consequence of his having been found guilty of a criminal offence under a law or
for the purpose of ensuring that he appears before a court at a later date for trial of such a criminal offence or for proceedings relating to
his extradition or lawful removal from the Falkland Islands;
(d) for the imposition of restrictions on the freedom of movement of any person who does not belong to the Falkland Islands;
(e) for the imposition of restrictions on the acquisition or use by any person of land or other property in the Falkland Islands;
(f) for the imposition of restrictions upon the movement or residence within the Falkland Islands or on the right to leave the Falkland
Islands of any public officer that are reasonably required for the proper performance of his functions;
(g) for the removal of a person from the Falkland Islands to be tried or punished in some other country for a criminal offence under the
law of that country or to undergo imprisonment in some other country in execution of the sentence
of a court in respect of a criminal offence under a law of which he has been convicted; or
(h) for the imposition of restrictions on the right of any person to leave the Falkland Islands that are reasonably required in order to secure
the fulfilment of any obligations imposed on that person by law and except so far as that provision or, as the case may be, the thing done
under the authority thereof is shown not to be reasonably justifiable in a democratic society.
(4) If any person whose freedom of movement has been restricted by virtue only of such provision as is referred to in subsection (3)(a)
of this section so requests at any time after that restriction was imposed or six months after he last made such a request, as the case may
be, his case shall be reviewed by an independent and impartial tribunal consisting of a president appointed by the Chief Justice and two
other members appointed by the Governor, acting in his discretion.
(5) On any review by a tribunal in pursuance of subsection (4) of this section of the case of any person whose freedom of movement has
been restricted, the tribunal may make recommendations concerning the necessity for or expediency of continuation of that restriction to
the authority by whom it was ordered and, unless it is otherwise provided by law, that authority shall be obliged to act in accordance with
any such recommendations.
Protection from deprivation of property.
7.(1) No property of any description shall be compulsorily taken possession of, and no interest in or right to or over property of any
description shall be compulsorily acquired, except in accordance with the provisions of a law applicable to that taking of possession or
acquisition and where the following conditions are satisfied, that is to say;
(a) the taking possession of or acquisition is for public purposes; and
(b) there is reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the
property; and
(c) provision is made by a law applicable to the taking of possession or acquisition;
(i) for the prompt payment of adequate compensation; and
(ii) securing to any person having an interest in or right over the property a right of access to the Supreme Court, whether direct or on
appeal from a tribunal or authority, for the determination of his interest or right, the legality of the taking of possession or acquisition of
the property, interest or right and the amount of any compensation to which he is entitled, and for the purpose of obtaining that
compensation.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1)
of this section;
(a) to the extent that the law in question makes provision for the taking of possession or acquisition of any property, interest or right;
(i) in satisfaction of any tax, rate, statutory contribution, levy or due;
(ii) by way of penalty for breach of the law of forfeiture in consequence of breach of the law;
(iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
(iv) in the execution of judgements or orders of a court in proceedings for the determination of civil rights or obligations;
(v) in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or likely to be injurious to the
health of human beings, animals or plants;
(vi) in consequence of any law with respect to the limitation of actions or acquisitive prescriptions;
(vii) for so long as may be necessary for the purposes of any examination, investigation, trial or enquiry or, in the case of land, for the
purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources or work relating to
agricultural development or improvement (being work relating to such development or improvement that the owner or occupier of the
land has been required, and has without reasonable excuse refused or failed, to carry out),
except so far as the provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable
in a democratic society;
(b) to the extent that the law in question makes provision for the taking of possession or acquisition of any of the following property
(including any interest in or right to or over property), that is to say;
(i) enemy property;
(ii) property of a deceased person, a person of unsound mind or a person who has not attained the age of eighteen years, for the purpose
of its administration for the benefit of the person entitled to the beneficial interest therein;
(iii) the property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose of its administration for the benefit of
the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in
the property; or
(iv) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the
trust or by a court or by order of a court for the purposes of giving effect to the trust.
(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to
the extent that the law in question makes provision for the compulsory taking of possession of any property, or the compulsory
acquisition of any interest in or right to or over property, where that property, interest or right is held by a body corporate established by
law for public purposes in which no monies have been invested other than monies provided from the public funds of the Falkland Islands.
(4) For the purposes of subsection (1) of this section purposes are public if they are intended to result or result in a benefit or advantage
to the community and, without prejudice to the generality of the expression, includes the development, utilization or disposal of property
(in whole or in part) for the promotion of the physical, economic, social or aesthetic well-being of the community; and property does not
include any minerals in, under or upon any land or waters.
Protection of person or property from arbitrary search or entry.
8.(1) Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his
premises.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to
the extent that the law in question makes provision;
(a) that is reasonably required in the interests of defence, internal security, public safety, public order, public morality, public health,
public revenue, town and country planning, the development or utilization of mineral resources, or the development and utilization of
property in such a manner as to promote the public benefit;
(b) that authorises an officer or agent of the Government, a local government authority or a body corporate established by law for public
purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or
due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the Government, or
to that authority or body corporate, as the case may be;
(c) that is reasonably required for the purpose of preventing or detecting crime;
(d) that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or
(e) that authorises, for the purpose of enforcing the judgment or order of a court in any proceedings, the search of any person or
property by order of a court or entry upon any premises by such order,
except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justifiable
in a democratic society.
Protection of freedom of conscience.
9.(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of
this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either
alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching,
practice and observance.
(2) Except with his own consent (or, if he is under the age, of eighteen years, the consent of his parent or guardian) no person attending
any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if
that instruction, ceremony or observance relates to a religion other than his own or is contrary to his belief.
(3) No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is
contrary to his religion or belief.
(4) Nothing contained or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the
extent that the law in question makes provision that is reasonably required;
(a) in the interests of defence, internal security, public safety, public order, public morality or public health; or
(b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without
the unsolicited intervention of members of any other religion,
except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable
in a democratic society.
(5) Reference in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions
shall be construed accordingly.
Protection of freedom of expression including freedom of the press.
10.(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression.
(2) For the purposes of this section the said freedom includes the freedom to hold opinions without interference, freedom to receive
information and ideas without interference, freedom of disseminate information and ideas without interference (whether the dissemination
be to the public generally or to any person or class of persons) and freedom from interference with his correspondence or other means of
communication.
(3) For the purposes of this section expression may be oral or written or by codes, signals, signs or symbols and includes recordings,
broadcasts (whether on radio or television), printed publications, photographs (whether still or moving), drawings, carvings and
sculptures or any other means of artistic expression.
(4) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to
the extent that the law in question makes provision;
(a) that is reasonably required;
(i) in the interests of defence, internal security, public safety, public order, public morality or public health; or
(ii) for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal
proceedings and proceedings before statutory tribunals, preventing the disclosure of information received in confidence, maintaining the
authority and independence of the Legislative Council and the courts, or regulating telephony, posts, telegraphy, broadcasting or public
shows; or
(b) that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions,
except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable
in a democratic society.
Protection of freedom of assembly and association.
11. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of peaceful assembly and association,
that is to say, his right peacefully to assemble freely and associate with other persons and in particular to form or belong to trade unions
or other associations for the promotion and protection of his interests.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to
the extent that the law in question makes provision;
(a) that is reasonably required:
(i) in the interests of defence, internal security, public order, public morality or public health; or
(ii) for the purpose of protecting the rights or freedoms of other persons; or
(b) that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions,
except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable
in a democratic society.
Protection from discrimination on grounds of race, sex, etc.
12.(1) Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory
either of itself or in its effect.
(2) Subject to the provisions of subsections (6), (7) and (Cool of this section, no person shall be treated in a discriminatory manner by
any person acting by virtue of any law or in the performance of the functions of any public office or any public authority.
(3) In this section, the expression discriminatory means affording different treatment to different persons attributable wholly or mainly to
their respective descriptions by race, place of origin, political opinions or affiliations, colour, creed or sex whereby persons of one such
description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded
privileges or advantages that are not accorded to persons of another such description.
(4) Subsection (1) of this section shall not apply to any law so far as the law makes provision;
(a) for the appropriation of public revenues or other public funds;
(b) with respect to persons who do not belong to the Falkland Islands; or
(c) whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any disability or
restriction or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those
persons or to persons of any other such description, is reasonably justifiable in a democratic society.
(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent
that it makes provision
with respect to qualifications (not being qualifications specifically relating to race, place of origin, political opinions or affiliations, colour,
creed or sex) for service as a public officer or as a member of a disciplined force or for the service of a local government authority or a
body corporate established by any law for public purposes.
(6) Subsection (2) of this section shall not apply to anything that is expressly or by necessary implication authorised to be done by any
such provision of law as is referred to in subsection (4) or (5) of this section.
(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to
the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this
section may be subjected to any restriction on the rights and freedoms guaranteed by sections 6, 8, 9, 10, and 11 of this Constitution,
being such a restriction as is authorised by paragraph (a) or (b) of subsection (3) of section 6, subsection (2) of section 8, subsection (4)
of section 9, subsection (4) of section 10 or subsection (2) of section 11, as the case may be.
(Cool Nothing in subsection (2) of this section shall affect any discretion relating to the institution, conduct or discontinuance of civil or
criminal proceedings in any court that is vested in any person by or under this Constitution or any other law.
Provisions to secure protection of the law.
13.(1) If any person is charged with a criminal offence then, unless the charge is withdrawn, he shall be afforded a fair hearing within a
reasonable time by an independent and impartial court established by law.
(2) Every person who is charged with a criminal offence;
(a) shall be presumed to be innocent until he is proved or has pleaded guilty;
(b) shall be informed orally and in writing as soon as reasonably practicable, in a language that he understands, of the nature of the
offence with which he is charged;
(c) shall be given adequate time and facilities for the preparation of his defence;
(d) shall be permitted to defend himself before the court in person or, at his own expense, by a legal practitioner of his own choice or,
where so provided by any law, by a legal practitioner at the public expense or, when he is unable to retain a legal practitioner of his own
choice or at the public expense, by such person as the court may approve;
(e) shall be afforded facilities to examine in person or by the legal practitioner or approved person representing him the witnesses called by
the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the
court on the same conditions as those applying to witnesses called by the prosecution; and
(f) shall be permitted to have without payment the assistance of an interpreter if, in the opinion of the court, he has an insufficient
understanding of the language used at the trial of the charge,
and except with his own consent the trial shall not take place in his absence;
(i) except where, under the provisions of any law entitling him thereto, he is given adequate notice of the charge, the date, time and place
of the trial or continuance thereof and afforded a reasonable opportunity of appearing before the court:
Provided that where the foregoing conditions have been complied with, and the court is satisfied that owing to circumstances beyond his
control he cannot appear, the trial shall not take place or continue in his absence; or
(ii) unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered
him to be removed and the trial to proceed in his absence.
(3) When a person is tried for any criminal offence the accused person or any person authorised by him in that behalf shall, if he so
requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a
copy of any record of the proceedings made by or on behalf of the court.
(4) No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place,
constitute such an offence, and no penalty shall be imposed for any criminal offence that is more severe in degree or description than the
maximum penalty that might have been imposed for that offence at the time when it was committed.
(5) No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again
be tried for that offence or for any criminal offence of which he could have been convicted at the trial for the offence, save upon the
order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.
(6) No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.
(7) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
(Cool Any court or other authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall
be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person
before such a court or other authority, the case shall be given a fair hearing within a reasonable time.
(9) Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the
existence or extent of any civil right or obligation before any other authority, including the announcement of the decision of the court or
other authority, shall be held in public.
(10) Nothing in subsection (9) of this section shall prevent the court or other authority from excluding from the proceedings persons
other than the parties thereto and the legal practitioners (or approved persons) representing them to such an extent as the court or other
authority;
(a) may by law be empowered to do and may consider necessary or expedient in circumstances where publicity would prejudice the
interests of justice or in interlocutory proceedings or in the interests of the welfare of persons under the age of eighteen years or the
protection of the private lives of persons concerned in the proceedings; or
(b) may by law be empowered or required to do in the interests of defence, internal security, public safety, public order or public morality.
(11) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of;
(a) subsection (2)(a) of this section, to the extent that the law in question imposes upon any person charged with a criminal offence the
burden of proving particular facts;
(b) subsection (2)(e) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses
called to testify on behalf of an accused person are to be paid their expenses out of public funds; or
(c) subsection (5) of this section, to the extent that the law in question authorises a court to try a member of a disciplined force for a
criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force; but any
court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded
him under that disciplinary law.
(12) In the case of any person who is held in lawful detention, the provisions of subsection (1), paragraphs (d) and (e) of subsection (2),
and subsection (3) of this section shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of
persons held in such detention.
(13) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection
(2) of this section to the extent that it authorises the trial of a defendant by a magistrate for a summary offence to take place in the
defendant's absence.
(14) In this section criminal offence means a criminal offence under any law.
Derogations from fundamental rights and freedoms under emergency powers.
14. Nothing contained in or done under the authority of a law shall be held to be inconsistent with or in contravention of sections 3, 6(1)
and (3), 8, 10, 11 or 12 of this Constitution to the extent that the law authorises the taking during any period of public emergency of
measures that are reasonably justifiable for dealing with the situation that exists in the Falkland Islands during that period.
Protection of persons detained under emergency laws.
15.(1) When a person is detained by virtue of any such law as is referred to in section 14 of this Constitution the following provisions
shall apply, that is to say;
(a) he shall, with reasonable promptitude and in any case not more than seven days after the commencement of his detention, be informed
in a language that he understands and in detail of the grounds upon which he is detained and furnished with a written statement in a
language which he understands or, if this is not reasonably practicable, in English specifying those grounds in detail;
(b) not more than fourteen days after the commencement of his detention a notification shall be published in a public place (and thereafter
as soon as possible in the Gazette) stating that he has been detained and giving particulars of the provision of law under which his
detention is authorised;
(c) not more than one month after the commencement of his detention and thereafter during the detention at intervals of not more than six
months, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by
the Chief Justice;
(d) he shall be afforded reasonable facilities to consult a legal practitioner of his own choice (or, if he is unable to retain a legal
practitioner, such person as the tribunal may approve) who shall be permitted to make representations to the tribunal appointed for the
review of the case of the detained person; and
(e) at the hearing of his case by the tribunal appointed for the review of his case he shall be permitted to appear in person or by a legal
practitioner of his own choice or if he is unable to retain a legal practitioner by such person as the tribunal may approve.
(2) On any review by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations
concerning the necessity or expediency of continuing his detention to the authority by which is was ordered but, unless it is otherwise
provided by law, that authority shall not be obliged to act in accordance with any such recommendations.
(3) Nothing contained in subsection (1)(d) or subsection (1)(e) of this section shall be construed as entitling a person to legal
representation at public expense.
Enforcement of protective provisions.
16.(1) If any person alleges that any of the provisions of sections 1 to 15 (inclusive) of this Constitution has been, is being or is likely to
be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation
to the detained person), then, without prejudice to any other action with respect to the same matter that is lawfully available, that person
(or that other person) may apply to the Supreme Court for redress.
(2) The Supreme Court shall have original jurisdiction;
(a) to hear and determine any application made by any person in pursuance of subsection (1) of this section; and
(b) to determine any question arising in the case of any person that is referred to it in pursuance of subsection (3) of this section,
and may make such declaration and orders, issue such writs and give such directions as it may consider appropriate for the purpose of
enforcing or securing the enforcement of any of the provisions of sections 1 to 15 (inclusive) of this Constitution:
Provided that the Supreme Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress
for the contravention alleged are or have been available to the person concerned under any other law.
(3) If in any proceedings in any court (other than the Supreme Court, the Court of Appeal, or a court-martial) any question arises as to
the contravention of any of the provisions of sections 1 to 15 (inclusive) of this Constitution, the person presiding in that court may, and
shall if any party to the proceedings so requests, refer the question to the Supreme Court unless, in his opinion, the raising of the question
is merely frivolous or vexatious.
(4) Where any question is referred to the Supreme Court in pursuance of subsection (3) of this section, the Supreme Court shall give its
decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that
decision is the subject of an appeal to the Court of Appeal or to Her Majesty in Council, in accordance with the decision of the Court of
Appeal or, as the case may be, of Her Majesty in Council.
(5) The Supreme Court shall have such powers in addition to those conferred by this section as may be prescribed by Ordinance for the
purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section.
(6) The Chief Justice may make rules with respect to the practice and procedure of the Supreme Court in relation to the jurisdiction and
powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and
references shall be made to the Supreme Court).
Interpretation and savings.
17.In this Chapter, unless the context otherwise requires;
contravention, in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be
construed accordingly;
court means any court of law having jurisdiction in the Falkland Islands, other than a court established by a disciplinary law, and includes
Her Majesty in Council and, in section 2 of this Constitution, a court established by a disciplinary law;
disciplinary law means a law regulating the discipline of any disciplined force;
disciplined force means&;
(a) a naval, military or air force;
(b) the Police Force; or
(c) a prison service;
member in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that
discipline;
legal practitioner means a person entitled to be in or enter the Falkland Islands and to practise before a court;
(2) In relation to any person who is a member of a disciplined force raised in accordance with such provisions as may be prescribed by
Ordinance, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in
contravention of any of the provisions of this Chapter other than sections 2, 4 and 5 of this Constitution.
(3) In relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in the Falkland
Islands, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in
contravention of any of the provisions of this Chapter.
(4) In this Chapter public emergency means any period during which;
(a) Her Majesty is at war; or
(b) the provisions of Part II of the Emergency Powers Order in Council 1939(a) are in operation in the Falkland Islands.
_____________________________________________________________________
(a) See S.I. 1952 at p. 621.
(5) For the purposes of the foregoing provisions of this Chapter a person shall be regarded as belonging to the Falkland Islands if he
enjoys Falkland Islands status and a person enjoys such status if that person is
(a) a citizen who was born in the Falkland Islands; or
(b) a citizen who was born outside the Falkland Islands;
(i) whose father or mother was born in the Falkland Islands; or
(ii) who is domiciled in the Falkland Islands and whose father or mother became, while resident in the Falkland Islands, a citizen by virtue
of having been naturalised or registered as such or as a British subject or as a citizen of the United Kingdom and Colonies; or
(c) a citizen by virtue of having been so naturalised or registered while resident in the Falkland Islands; or
(d) a Commonwealth citizen who is domiciled in the Falkland Islands who either
(i) was ordinarily resident in the Falkland Islands for the seven years immediately preceding 1st September 1997; or
(ii) has been granted such status under the provisions of an Ordinance providing for the grant of that status to Commonwealth citizens
who have been ordinarily resident in the Falkland Islands for a period of at least seven years and has not, in accordance with the
provisions of that Ordinance, lost or been deprived of such status; or
(e) the spouse, widow or widower of such a person as is referred to in any of the preceding paragraphs of this subsection, and, in the
case of a spouse, is not living apart from her husband or his wife, as the case may be, under a decree of a competent court or a deed of
separation; or
(f) under the age of eighteen years and is the child, stepchild, or child adopted in a manner recognised by law, of such a person as is
referred to in any of the preceding paragraphs of this subsection.
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
following, namely—
Whereas all peoples have the right to self-determination and by virtue of that right they freely determine their political status and freely
pursue their economic, social and cultural development and may, for their own ends, freely dispose of their natural wealth and resources
without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit and
international law;
And whereas the realization of the right of self-determination must be promoted and respected in conformity with the provisions of the
Charter of the United Nations;
And whereas every person in the Falkland Islands is entitled to the fundamental rights and freedoms of the individual, that is to say, the
right, regardless of race, place of origin, political opinions or affiliations, 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, the enjoyment of property and the protection of the law;
(b) freedom of conscience, of expression (including freedom of the press) and of peaceful 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 fair compensation:
Fundamental rights and freedoms of the individual.
1. The provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid individual rights and freedoms,
subject to such limitations on that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment
of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.
Protection of right to life.
2 (1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a crime of treason of
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 in 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 property;
(b) in order to effect a lawful arrest or to prevent the escape 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 that person of a criminal offence,
or if he dies as the result of a lawful act of war.
Protection of right to personal liberty.
3.(1) No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say;
(a) in consequence of his unfitness to plead to a criminal charge;
(b) in execution of the sentence or order of a court, whether established for the Falkland Islands or some other country, in respect of a
criminal offence of which he has been convicted;
(c) in execution of an order of a court punishing him for contempt of that court or of another court or of a tribunal;
(d) in execution of the order of a court made in order to secure the fulfilment of any obligation imposed on him by law;
(e) for the purpose of bringing him before a court in execution of the order of a court;
(f) upon reasonable suspicion of his having committed or of being about to commit a criminal offence under any law;
(g) under the order of a court or with the consent of his parent or guardian, for his education of welfare during any period ending not
later than the date when he attains the age of eighteen years;
(h) for the purpose of preventing the spread of an infectious or contagious disease;
(i) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the
purpose of his care or treatment or the protection of the community;
(j) for the purpose of preventing the unlawful entry of that person into the Falkland Islands or for the purpose of effecting the expulsion,
extradition or other lawful removal of that person from the Falkland Islands or for the purpose of restricting that person while he is being
conveyed through the Falkland Islands in the course of his extradition or removal as a convicted prisoner from one country to another; or
(k) to such an extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within
the Falkland Islands or prohibiting him from being within such an area or to such extent as may be reasonably justifiable for the taking of
proceedings against that person relating to the making of any such order or relating to such an order after it has been made, or to such
extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of the Falkland
Islands in which, in consequence of any such order, his presence would otherwise be unlawful.
(2) Any person who is arrested or detained shall be informed orally and in writing as soon as reasonably practicable, in language that he
understands, of the reason for his arrest or detention.
(3) Any person who is arrested or detained shall have the right, at any stage and at his own expense, to retain and instruct without delay a
legal practitioner of his own choice, and to hold private communications with him, and in the case of a minor he shall also be afforded a
reasonable opportunity for communication with his parent or guardian:
Provided that when the person arrested or detained is unable to retain a legal practitioner of his own choice or be represented by a legal
practitioner at the public expense, he may be represented, and hold private communication with, such person as the court may approve.
(4) Any person who is arrested or detained;
(a) for the purpose of bringing him before a court in execution of the order of a court; or
(b) upon reasonable suspicion of his having committed or being about to commit a criminal offence under any law,
and who is not released, shall be brought without undue delay before a court.
(5) If any person arrested or detained as mentioned in subsection (4)(b) of this section is not tried within a reasonable time, then, without
prejudice to any further proceedings which may be brought against him, he shall be released either unconditionally or upon reasonable
conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for
proceedings preliminary to trial and such conditions may include bail.
(6) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation for such unlawful arrest or
detention from the person who made the arrest or effected the detention, from any person or authority on whose behalf the person
making the arrest or effecting the detention was acting or from them both:
Provided that a judge, a magistrate or a justice of the peace or an officer of a court or a police officer acting in pursuance of the order of
a judge, a magistrate or a justice of the peace shall not be under any personal liability to pay compensation under this subsection in
consequence of any act performed by him in good faith in the discharge of the functions of his office and any liability to pay any such
compensation in consequence of any such act shall be a liability of the Crown.
(7) For the purposes of subsection (1)(b) of this section, a person charged with a criminal offence in respect of whom a special verdict
has been returned that he was guilty of the act or omission charged but was insane when he did the act or made the omission shall be
regarded as a person who has been convicted of a criminal offence and the detention of that person in consequence of such a verdict shall
be regarded as detention in execution of the order of a court.
Protection from slavery and forced labour.
4.(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
(3) For the purposes of this section, the expression forced labour does not include;
(a) any labour required in consequence of the sentence or order of a court;
(b) any labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a
court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;
(c) any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has
conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform
in place of such service;
(d) any labour required during any period of public emergency or, in the event of any other emergency or calamity that threatens the life
and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any
situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that
situation.
Protection from inhuman treatment.
5. No person shall be subjected to torture or to inhuman or degrading punishment or other such treatment.
Protection of freedom of movement.
6.(1) A person shall not be deprived of his freedom of movement, that is to say, the right to move freely throughout the Falkland Islands,
the right to reside in any part of the Falkland Islands, the right to enter the Falkland Islands, the right to leave the Falkland Islands and
immunity from expulsion from the Falkland Islands.
(2) Any restrictions on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or
in contravention of this section.
(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to
the extent that the law in question makes provision;
(a) for the imposition of restrictions on the movement or residence within the Falkland Islands, of any person or on any person's right to
leave the Falkland Islands that are reasonably required in the interests of defence, internal security, public safety or public order;
(b) for the imposition of restrictions on the movement or residence within the Falkland Islands or on the right to leave the Falkland Islands
of persons generally or any class of persons that are reasonably required in the interests of defence, internal security, public safety, public
order, public morality, or public health except so far as that provision or, as the case may be, the thing done under the authority thereof is
shown not to be reasonably justifiable in a democratic society;
(c) for the imposition of restrictions, by order of a court, on the movement or residence within the Falkland Islands of any person or on
any person's right to leave the Falkland Islands either in consequence of his having been found guilty of a criminal offence under a law or
for the purpose of ensuring that he appears before a court at a later date for trial of such a criminal offence or for proceedings relating to
his extradition or lawful removal from the Falkland Islands;
(d) for the imposition of restrictions on the freedom of movement of any person who does not belong to the Falkland Islands;
(e) for the imposition of restrictions on the acquisition or use by any person of land or other property in the Falkland Islands;
(f) for the imposition of restrictions upon the movement or residence within the Falkland Islands or on the right to leave the Falkland
Islands of any public officer that are reasonably required for the proper performance of his functions;
(g) for the removal of a person from the Falkland Islands to be tried or punished in some other country for a criminal offence under the
law of that country or to undergo imprisonment in some other country in execution of the sentence
of a court in respect of a criminal offence under a law of which he has been convicted; or
(h) for the imposition of restrictions on the right of any person to leave the Falkland Islands that are reasonably required in order to secure
the fulfilment of any obligations imposed on that person by law and except so far as that provision or, as the case may be, the thing done
under the authority thereof is shown not to be reasonably justifiable in a democratic society.
(4) If any person whose freedom of movement has been restricted by virtue only of such provision as is referred to in subsection (3)(a)
of this section so requests at any time after that restriction was imposed or six months after he last made such a request, as the case may
be, his case shall be reviewed by an independent and impartial tribunal consisting of a president appointed by the Chief Justice and two
other members appointed by the Governor, acting in his discretion.
(5) On any review by a tribunal in pursuance of subsection (4) of this section of the case of any person whose freedom of movement has
been restricted, the tribunal may make recommendations concerning the necessity for or expediency of continuation of that restriction to
the authority by whom it was ordered and, unless it is otherwise provided by law, that authority shall be obliged to act in accordance with
any such recommendations.
Protection from deprivation of property.
7.(1) No property of any description shall be compulsorily taken possession of, and no interest in or right to or over property of any
description shall be compulsorily acquired, except in accordance with the provisions of a law applicable to that taking of possession or
acquisition and where the following conditions are satisfied, that is to say;
(a) the taking possession of or acquisition is for public purposes; and
(b) there is reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the
property; and
(c) provision is made by a law applicable to the taking of possession or acquisition;
(i) for the prompt payment of adequate compensation; and
(ii) securing to any person having an interest in or right over the property a right of access to the Supreme Court, whether direct or on
appeal from a tribunal or authority, for the determination of his interest or right, the legality of the taking of possession or acquisition of
the property, interest or right and the amount of any compensation to which he is entitled, and for the purpose of obtaining that
compensation.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1)
of this section;
(a) to the extent that the law in question makes provision for the taking of possession or acquisition of any property, interest or right;
(i) in satisfaction of any tax, rate, statutory contribution, levy or due;
(ii) by way of penalty for breach of the law of forfeiture in consequence of breach of the law;
(iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
(iv) in the execution of judgements or orders of a court in proceedings for the determination of civil rights or obligations;
(v) in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or likely to be injurious to the
health of human beings, animals or plants;
(vi) in consequence of any law with respect to the limitation of actions or acquisitive prescriptions;
(vii) for so long as may be necessary for the purposes of any examination, investigation, trial or enquiry or, in the case of land, for the
purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources or work relating to
agricultural development or improvement (being work relating to such development or improvement that the owner or occupier of the
land has been required, and has without reasonable excuse refused or failed, to carry out),
except so far as the provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable
in a democratic society;
(b) to the extent that the law in question makes provision for the taking of possession or acquisition of any of the following property
(including any interest in or right to or over property), that is to say;
(i) enemy property;
(ii) property of a deceased person, a person of unsound mind or a person who has not attained the age of eighteen years, for the purpose
of its administration for the benefit of the person entitled to the beneficial interest therein;
(iii) the property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose of its administration for the benefit of
the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in
the property; or
(iv) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the
trust or by a court or by order of a court for the purposes of giving effect to the trust.
(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to
the extent that the law in question makes provision for the compulsory taking of possession of any property, or the compulsory
acquisition of any interest in or right to or over property, where that property, interest or right is held by a body corporate established by
law for public purposes in which no monies have been invested other than monies provided from the public funds of the Falkland Islands.
(4) For the purposes of subsection (1) of this section purposes are public if they are intended to result or result in a benefit or advantage
to the community and, without prejudice to the generality of the expression, includes the development, utilization or disposal of property
(in whole or in part) for the promotion of the physical, economic, social or aesthetic well-being of the community; and property does not
include any minerals in, under or upon any land or waters.
Protection of person or property from arbitrary search or entry.
8.(1) Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his
premises.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to
the extent that the law in question makes provision;
(a) that is reasonably required in the interests of defence, internal security, public safety, public order, public morality, public health,
public revenue, town and country planning, the development or utilization of mineral resources, or the development and utilization of
property in such a manner as to promote the public benefit;
(b) that authorises an officer or agent of the Government, a local government authority or a body corporate established by law for public
purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or
due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the Government, or
to that authority or body corporate, as the case may be;
(c) that is reasonably required for the purpose of preventing or detecting crime;
(d) that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or
(e) that authorises, for the purpose of enforcing the judgment or order of a court in any proceedings, the search of any person or
property by order of a court or entry upon any premises by such order,
except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justifiable
in a democratic society.
Protection of freedom of conscience.
9.(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of
this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either
alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching,
practice and observance.
(2) Except with his own consent (or, if he is under the age, of eighteen years, the consent of his parent or guardian) no person attending
any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if
that instruction, ceremony or observance relates to a religion other than his own or is contrary to his belief.
(3) No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is
contrary to his religion or belief.
(4) Nothing contained or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the
extent that the law in question makes provision that is reasonably required;
(a) in the interests of defence, internal security, public safety, public order, public morality or public health; or
(b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion without
the unsolicited intervention of members of any other religion,
except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable
in a democratic society.
(5) Reference in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions
shall be construed accordingly.
Protection of freedom of expression including freedom of the press.
10.(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression.
(2) For the purposes of this section the said freedom includes the freedom to hold opinions without interference, freedom to receive
information and ideas without interference, freedom of disseminate information and ideas without interference (whether the dissemination
be to the public generally or to any person or class of persons) and freedom from interference with his correspondence or other means of
communication.
(3) For the purposes of this section expression may be oral or written or by codes, signals, signs or symbols and includes recordings,
broadcasts (whether on radio or television), printed publications, photographs (whether still or moving), drawings, carvings and
sculptures or any other means of artistic expression.
(4) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to
the extent that the law in question makes provision;
(a) that is reasonably required;
(i) in the interests of defence, internal security, public safety, public order, public morality or public health; or
(ii) for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal
proceedings and proceedings before statutory tribunals, preventing the disclosure of information received in confidence, maintaining the
authority and independence of the Legislative Council and the courts, or regulating telephony, posts, telegraphy, broadcasting or public
shows; or
(b) that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions,
except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable
in a democratic society.
Protection of freedom of assembly and association.
11. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of peaceful assembly and association,
that is to say, his right peacefully to assemble freely and associate with other persons and in particular to form or belong to trade unions
or other associations for the promotion and protection of his interests.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to
the extent that the law in question makes provision;
(a) that is reasonably required:
(i) in the interests of defence, internal security, public order, public morality or public health; or
(ii) for the purpose of protecting the rights or freedoms of other persons; or
(b) that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions,
except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable
in a democratic society.
Protection from discrimination on grounds of race, sex, etc.
12.(1) Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory
either of itself or in its effect.
(2) Subject to the provisions of subsections (6), (7) and (Cool of this section, no person shall be treated in a discriminatory manner by
any person acting by virtue of any law or in the performance of the functions of any public office or any public authority.
(3) In this section, the expression discriminatory means affording different treatment to different persons attributable wholly or mainly to
their respective descriptions by race, place of origin, political opinions or affiliations, colour, creed or sex whereby persons of one such
description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded
privileges or advantages that are not accorded to persons of another such description.
(4) Subsection (1) of this section shall not apply to any law so far as the law makes provision;
(a) for the appropriation of public revenues or other public funds;
(b) with respect to persons who do not belong to the Falkland Islands; or
(c) whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any disability or
restriction or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those
persons or to persons of any other such description, is reasonably justifiable in a democratic society.
(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent
that it makes provision
with respect to qualifications (not being qualifications specifically relating to race, place of origin, political opinions or affiliations, colour,
creed or sex) for service as a public officer or as a member of a disciplined force or for the service of a local government authority or a
body corporate established by any law for public purposes.
(6) Subsection (2) of this section shall not apply to anything that is expressly or by necessary implication authorised to be done by any
such provision of law as is referred to in subsection (4) or (5) of this section.
(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to
the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this
section may be subjected to any restriction on the rights and freedoms guaranteed by sections 6, 8, 9, 10, and 11 of this Constitution,
being such a restriction as is authorised by paragraph (a) or (b) of subsection (3) of section 6, subsection (2) of section 8, subsection (4)
of section 9, subsection (4) of section 10 or subsection (2) of section 11, as the case may be.
(Cool Nothing in subsection (2) of this section shall affect any discretion relating to the institution, conduct or discontinuance of civil or
criminal proceedings in any court that is vested in any person by or under this Constitution or any other law.
Provisions to secure protection of the law.
13.(1) If any person is charged with a criminal offence then, unless the charge is withdrawn, he shall be afforded a fair hearing within a
reasonable time by an independent and impartial court established by law.
(2) Every person who is charged with a criminal offence;
(a) shall be presumed to be innocent until he is proved or has pleaded guilty;
(b) shall be informed orally and in writing as soon as reasonably practicable, in a language that he understands, of the nature of the
offence with which he is charged;
(c) shall be given adequate time and facilities for the preparation of his defence;
(d) shall be permitted to defend himself before the court in person or, at his own expense, by a legal practitioner of his own choice or,
where so provided by any law, by a legal practitioner at the public expense or, when he is unable to retain a legal practitioner of his own
choice or at the public expense, by such person as the court may approve;
(e) shall be afforded facilities to examine in person or by the legal practitioner or approved person representing him the witnesses called by
the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the
court on the same conditions as those applying to witnesses called by the prosecution; and
(f) shall be permitted to have without payment the assistance of an interpreter if, in the opinion of the court, he has an insufficient
understanding of the language used at the trial of the charge,
and except with his own consent the trial shall not take place in his absence;
(i) except where, under the provisions of any law entitling him thereto, he is given adequate notice of the charge, the date, time and place
of the trial or continuance thereof and afforded a reasonable opportunity of appearing before the court:
Provided that where the foregoing conditions have been complied with, and the court is satisfied that owing to circumstances beyond his
control he cannot appear, the trial shall not take place or continue in his absence; or
(ii) unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered
him to be removed and the trial to proceed in his absence.
(3) When a person is tried for any criminal offence the accused person or any person authorised by him in that behalf shall, if he so
requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a
copy of any record of the proceedings made by or on behalf of the court.
(4) No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place,
constitute such an offence, and no penalty shall be imposed for any criminal offence that is more severe in degree or description than the
maximum penalty that might have been imposed for that offence at the time when it was committed.
(5) No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again
be tried for that offence or for any criminal offence of which he could have been convicted at the trial for the offence, save upon the
order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.
(6) No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.
(7) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
(Cool Any court or other authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall
be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person
before such a court or other authority, the case shall be given a fair hearing within a reasonable time.
(9) Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the
existence or extent of any civil right or obligation before any other authority, including the announcement of the decision of the court or
other authority, shall be held in public.
(10) Nothing in subsection (9) of this section shall prevent the court or other authority from excluding from the proceedings persons
other than the parties thereto and the legal practitioners (or approved persons) representing them to such an extent as the court or other
authority;
(a) may by law be empowered to do and may consider necessary or expedient in circumstances where publicity would prejudice the
interests of justice or in interlocutory proceedings or in the interests of the welfare of persons under the age of eighteen years or the
protection of the private lives of persons concerned in the proceedings; or
(b) may by law be empowered or required to do in the interests of defence, internal security, public safety, public order or public morality.
(11) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of;
(a) subsection (2)(a) of this section, to the extent that the law in question imposes upon any person charged with a criminal offence the
burden of proving particular facts;
(b) subsection (2)(e) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses
called to testify on behalf of an accused person are to be paid their expenses out of public funds; or
(c) subsection (5) of this section, to the extent that the law in question authorises a court to try a member of a disciplined force for a
criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force; but any
court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded
him under that disciplinary law.
(12) In the case of any person who is held in lawful detention, the provisions of subsection (1), paragraphs (d) and (e) of subsection (2),
and subsection (3) of this section shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of
persons held in such detention.
(13) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection
(2) of this section to the extent that it authorises the trial of a defendant by a magistrate for a summary offence to take place in the
defendant's absence.
(14) In this section criminal offence means a criminal offence under any law.
Derogations from fundamental rights and freedoms under emergency powers.
14. Nothing contained in or done under the authority of a law shall be held to be inconsistent with or in contravention of sections 3, 6(1)
and (3), 8, 10, 11 or 12 of this Constitution to the extent that the law authorises the taking during any period of public emergency of
measures that are reasonably justifiable for dealing with the situation that exists in the Falkland Islands during that period.
Protection of persons detained under emergency laws.
15.(1) When a person is detained by virtue of any such law as is referred to in section 14 of this Constitution the following provisions
shall apply, that is to say;
(a) he shall, with reasonable promptitude and in any case not more than seven days after the commencement of his detention, be informed
in a language that he understands and in detail of the grounds upon which he is detained and furnished with a written statement in a
language which he understands or, if this is not reasonably practicable, in English specifying those grounds in detail;
(b) not more than fourteen days after the commencement of his detention a notification shall be published in a public place (and thereafter
as soon as possible in the Gazette) stating that he has been detained and giving particulars of the provision of law under which his
detention is authorised;
(c) not more than one month after the commencement of his detention and thereafter during the detention at intervals of not more than six
months, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by
the Chief Justice;
(d) he shall be afforded reasonable facilities to consult a legal practitioner of his own choice (or, if he is unable to retain a legal
practitioner, such person as the tribunal may approve) who shall be permitted to make representations to the tribunal appointed for the
review of the case of the detained person; and
(e) at the hearing of his case by the tribunal appointed for the review of his case he shall be permitted to appear in person or by a legal
practitioner of his own choice or if he is unable to retain a legal practitioner by such person as the tribunal may approve.
(2) On any review by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations
concerning the necessity or expediency of continuing his detention to the authority by which is was ordered but, unless it is otherwise
provided by law, that authority shall not be obliged to act in accordance with any such recommendations.
(3) Nothing contained in subsection (1)(d) or subsection (1)(e) of this section shall be construed as entitling a person to legal
representation at public expense.
Enforcement of protective provisions.
16.(1) If any person alleges that any of the provisions of sections 1 to 15 (inclusive) of this Constitution has been, is being or is likely to
be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation
to the detained person), then, without prejudice to any other action with respect to the same matter that is lawfully available, that person
(or that other person) may apply to the Supreme Court for redress.
(2) The Supreme Court shall have original jurisdiction;
(a) to hear and determine any application made by any person in pursuance of subsection (1) of this section; and
(b) to determine any question arising in the case of any person that is referred to it in pursuance of subsection (3) of this section,
and may make such declaration and orders, issue such writs and give such directions as it may consider appropriate for the purpose of
enforcing or securing the enforcement of any of the provisions of sections 1 to 15 (inclusive) of this Constitution:
Provided that the Supreme Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress
for the contravention alleged are or have been available to the person concerned under any other law.
(3) If in any proceedings in any court (other than the Supreme Court, the Court of Appeal, or a court-martial) any question arises as to
the contravention of any of the provisions of sections 1 to 15 (inclusive) of this Constitution, the person presiding in that court may, and
shall if any party to the proceedings so requests, refer the question to the Supreme Court unless, in his opinion, the raising of the question
is merely frivolous or vexatious.
(4) Where any question is referred to the Supreme Court in pursuance of subsection (3) of this section, the Supreme Court shall give its
decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that
decision is the subject of an appeal to the Court of Appeal or to Her Majesty in Council, in accordance with the decision of the Court of
Appeal or, as the case may be, of Her Majesty in Council.
(5) The Supreme Court shall have such powers in addition to those conferred by this section as may be prescribed by Ordinance for the
purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section.
(6) The Chief Justice may make rules with respect to the practice and procedure of the Supreme Court in relation to the jurisdiction and
powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and
references shall be made to the Supreme Court).
Interpretation and savings.
17.In this Chapter, unless the context otherwise requires;
contravention, in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be
construed accordingly;
court means any court of law having jurisdiction in the Falkland Islands, other than a court established by a disciplinary law, and includes
Her Majesty in Council and, in section 2 of this Constitution, a court established by a disciplinary law;
disciplinary law means a law regulating the discipline of any disciplined force;
disciplined force means&;
(a) a naval, military or air force;
(b) the Police Force; or
(c) a prison service;
member in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that
discipline;
legal practitioner means a person entitled to be in or enter the Falkland Islands and to practise before a court;
(2) In relation to any person who is a member of a disciplined force raised in accordance with such provisions as may be prescribed by
Ordinance, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in
contravention of any of the provisions of this Chapter other than sections 2, 4 and 5 of this Constitution.
(3) In relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in the Falkland
Islands, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in
contravention of any of the provisions of this Chapter.
(4) In this Chapter public emergency means any period during which;
(a) Her Majesty is at war; or
(b) the provisions of Part II of the Emergency Powers Order in Council 1939(a) are in operation in the Falkland Islands.
_____________________________________________________________________
(a) See S.I. 1952 at p. 621.
(5) For the purposes of the foregoing provisions of this Chapter a person shall be regarded as belonging to the Falkland Islands if he
enjoys Falkland Islands status and a person enjoys such status if that person is
(a) a citizen who was born in the Falkland Islands; or
(b) a citizen who was born outside the Falkland Islands;
(i) whose father or mother was born in the Falkland Islands; or
(ii) who is domiciled in the Falkland Islands and whose father or mother became, while resident in the Falkland Islands, a citizen by virtue
of having been naturalised or registered as such or as a British subject or as a citizen of the United Kingdom and Colonies; or
(c) a citizen by virtue of having been so naturalised or registered while resident in the Falkland Islands; or
(d) a Commonwealth citizen who is domiciled in the Falkland Islands who either
(i) was ordinarily resident in the Falkland Islands for the seven years immediately preceding 1st September 1997; or
(ii) has been granted such status under the provisions of an Ordinance providing for the grant of that status to Commonwealth citizens
who have been ordinarily resident in the Falkland Islands for a period of at least seven years and has not, in accordance with the
provisions of that Ordinance, lost or been deprived of such status; or
(e) the spouse, widow or widower of such a person as is referred to in any of the preceding paragraphs of this subsection, and, in the
case of a spouse, is not living apart from her husband or his wife, as the case may be, under a decree of a competent court or a deed of
separation; or
(f) under the age of eighteen years and is the child, stepchild, or child adopted in a manner recognised by law, of such a person as is
referred to in any of the preceding paragraphs of this subsection.
Falkland Islands is an overseas territory of the United Kingdom. On 3 October 1985, the
Falkland Islands enacted their own Constitution which was acknowledged by the
Parliament of the United Kingdom through a legislative act. The Constitution has been
Amended twice, in 1997 and 1998. The Select Committee on the Constitution was set up by
Legislative Council in April 2000, following the suggestion in the 1999 UK White Paper on
the Overseas Territories that all OT's should examine their Constitutions, and constitutional
relationships with the UK, to ensure that they suited all the current day circumstances. A
new Constitution for the Falkland Islands came into operation on 1 January 2009. It was
agreed by the UK Government and the Falkland Islands Government. The Falkland Islands
Constitution Order 2008 was made on 5 November 2008 by Her Majesty the Queen in the
Privy Council. Human Rights are enumerated in Chapter I (Protection of Fundamental
Rights and Freedoms of the Individual), conform with the 1948 Universal Declaration of
Human Rights of which the United Kingdom is a signatory and are detailed below . For a full
English translation of Falkland Islands' Constitution, click here.
Falkland Islands enacted their own Constitution which was acknowledged by the
Parliament of the United Kingdom through a legislative act. The Constitution has been
Amended twice, in 1997 and 1998. The Select Committee on the Constitution was set up by
Legislative Council in April 2000, following the suggestion in the 1999 UK White Paper on
the Overseas Territories that all OT's should examine their Constitutions, and constitutional
relationships with the UK, to ensure that they suited all the current day circumstances. A
new Constitution for the Falkland Islands came into operation on 1 January 2009. It was
agreed by the UK Government and the Falkland Islands Government. The Falkland Islands
Constitution Order 2008 was made on 5 November 2008 by Her Majesty the Queen in the
Privy Council. Human Rights are enumerated in Chapter I (Protection of Fundamental
Rights and Freedoms of the Individual), conform with the 1948 Universal Declaration of
Human Rights of which the United Kingdom is a signatory and are detailed below . For a full
English translation of Falkland Islands' Constitution, click here.