Jamaica is an island country located in the Caribbean Sea with nearest neighbors Cuba, Haiti and the Dominican Republic. The population of this country is approx 28,25,000 with 10,991 square kilometers area. 68% are Protestant Christians by religion, and there are also many internal groups. In this case Church of God, Seventh-day Adventist Church, Pentecostal, Baptist, Anglican, United Church, Methodist, Moravian, Plymouth Brethren, Jehovah's Witnesses, Mormon are worth mentioning. Other religions include Hinduism, Islam, Buddhism, Judaism etc. Even a religion called Rastafari originated here, which is followed by about 2% of the population. 20% of people do not believe in any religion.
Constitutions of Caribbean states are copy/paste of each other. Nothing much to mention. Some civil rights are described as catchwords. What could have been shortly mentioned has been lengthened, but many important points are missing. And on the negative side is the belief in 'God' constitutionally, where not everyone believes in religion; even don't believe in one religion.
Admirable Articles of Jamaica's Constitution
13. Fundamental rights and freedoms (Part of it)
1. Whereas-
a. the state has an obligation to promote universal respect for, and observance of, human rights and freedoms;
b. all persons in Jamaica are entitled to preserve for themselves and future generations the fundamental rights and freedoms to which they are entitled by virtue of their inherent dignity as persons and as citizens of a free and democratic society; and
c. all persons are under a responsibility to respect and uphold the rights of others recognized in this Chapter,
the following provisions of this Chapter shall have effect for the purpose of affording protection to the rights and freedoms of persons as set out in those provisions, to the extent that those rights and freedoms do not prejudice the rights and freedoms of others.
14. Protection of freedom of the person
1. No person shall be deprived of his liberty except on reasonable grounds and in accordance with fair procedures established by law in the following circumstances-
a. in consequence of his unfitness to plead to a criminal charge;
b. in execution of the sentence or order of a court whether in Jamaica or elsewhere, in respect of a criminal offence of which he has been convicted;
c. in execution of an order of the Supreme Court or of the Court of Appeal or such other court as may be prescribed by Parliament on the grounds of his contempt of any such court or of another court or 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. the arrest or detention of a person-
i. for the purpose of bringing him before the competent legal authority on reasonable suspicion of his having committed an offence; or
ii. where it is reasonably necessary to prevent his committing an offence;
g. in the case of a person who has not attained the age of eighteen years, for the purpose of his care and protection;
h. the detention of a person-
i. for the prevention of the spreading of an infectious or contagious disease constituting a serious threat to public health; or
ii. suffering from mental disorder or addicted to drugs or alcohol where necessary for his care or treatment or for the prevention of harm to himself or others; or
i. the arrest or detention of a person-
i. who is not a citizen of Jamaica, to prevent his unauthorized entry into Jamaica; or
ii. against whom action is being taken with a view to deportation or extradition or other lawful removal or the taking of proceedings relating thereto.
2. Any person who is arrested or detained shall have the right-
a. to communicate with and be visited by his spouse, partner or family member, religious counsellor and a medical practitioner of his choice;
b. at the time of his arrest or detention or as soon as is reasonably practicable, to be informed, in a language which he understands, of the reasons for his arrest or detention;
c. where he is charged with an offence, to be informed forthwith, in a language which he understands, of the nature of the charge; and
d. to communicate with and retain an attorney-at-law.
3. Any person who is arrested or detained shall be entitled to be tried within a reasonable time and-
a. shall be-
i. brought forthwith or as soon as is reasonably practicable before an officer authorized by law, or a court; and
ii. released either unconditionally or upon reasonable conditions to secure his attendance at the trial or at any other stage of the proceedings; or
b. if he is not released as mientioned in paragraph (a)(ii), shall be promptly brought before a court which may thereupon release him as provided in that paragraph.
4. Any person awaiting trail and detained in custody shall be entitled to bail on reasonable conditions unless sufficient cause is shown for keeping him in custody.
5. Any person deprived of his liberty shall be treated humanely and with respect for the inherent dignity of the person.
66. Constituencies and local government
5. Parliament may make provision-
a. for local authorities to generate and spend their own revenue;
b. for assigning functions between the various tiers of government;
c. relating to the manner in which local authorities are constituted and the nature and extent of their functions;
d. for the holding of local government elections; and
e. prescribing any other matter relating to the governance of local authorities.
118. Contingencies Fund
1. Any law for the time being in force may create or authorise the creation of a Contingencies Fund and may authorise the Minister responsible for finance to make advances from that Fund if he is satisfied that there is an unforeseen need for expenditure for which no provision or no sufficient provision has been made by an Appropriation law.
2. Where any advance is made by virtue of an authorisation conferred under subsection (1) of this section, a supplementary estimate of the sum required to replace the amount so advanced shall, as soon as practicable, be laid before and voted on by the House of Representatives and the sum so voted shall be included in a Supplementary Appropriation Bill or a Final Appropriation Bill.
Facts of Jamaica's Constitution
FIRST SCHEDULE. OATHS (Sections 28, 29(2), 42(2), 43(2), 62, 74, 78(4), 102 and 108)
Oath of Allegiance.
I, , do swear that I will be faithful and bear true allegiance to Jamaica, that I will uphold and defend the Constitution and the laws of Jamaica and that I will conscientiously and impartially discharge my responsibilities to the people of Jamaica. So help me God.
Oath for the due execution of the office of Prime Minister or other Minister or Parliamentary Secretary.
I, , being appointed Prime Minister/Minister/Parliamentary Secretary, do swear that I will to the best of my judgment, at all times when so required, freely give my counsel and advice to the Governor-General (or any other person for the time being lawfully performing the functions of that office) for the good management of the public affairs of Jamaica, and I do further swear that I will not on any account, at any time whatsoever, disclose the counsel, advice, opinion or vote of any particular Minister or Parliamentary Secretary and that I will not, except with the authority of the Cabinet and to such extent as may be required for the good management of the affairs of Jamaica, directly or indirectly reveal the business or proceedings of the Cabinet or the nature or contents of any documents communicated to me as a Minister/Parliamentary Secretary or any matter coming to my knowledge in my capacity as such and that in all things I will be a true and faithful Prime Minister/Minister/Parliamentary Secretary. So help me God.
Judicial Oath.
I, , do swear that I will be faithful and bear true allegiance to
Jamaica, that I will uphold and defend the Constitution of Jamaica and
that I will administer justice to all persons alike in accordance with
the laws and usages or Jamaica without fear or favour, affection or ill
will. So help me God.
