Barbados 1966 Constitution (reviewed 2007)

CHAPTER I. THE CONSTITUTION

1. This Constitution is the supreme law of Barbados and, subject to the provisions of this Constitution, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.

CHAPTER II. CITIZENSHIP

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1. Every person who, having been born in Barbados, is on 29th November, 1966 a citizen of the United Kingdom and Colonies shall become a citizen of Barbados on 30th November, 1966.
2. Every person who, having been born outside Barbados, is on 29th November, 1966 a citizen of the United Kingdom and Colonies shall, if his father becomes or would but for his death have become a citizen of Barbados in accordance with the provisions of subsection (1), become a citizen of Barbados on 30th November, 1966.
3. Any person who on 29th November 1966 is a citizen of the United Kingdom and Colonies,
   1. having become such a citizen under the British Nationality Act 1948 by virtue of his having been naturalised in Barbados as a British subject before that Act came into force; or
   2. having become such a citizen by virtue of his having been naturalised or registered in Barbados under that Act,

   shall become a citizen of Barbados on 30th November 1966.

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1. Any woman who on 29th November is or has been married to a person—
   1. who becomes a citizen of Barbados by virtue of section 2; or
   2. who, having died before 30th November 1966, would but for his death have become a citizen of Barbados by virtue of that section,

   shall be entitled, upon making application, and, if she is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Barbados.

2. Any person who is a Commonwealth citizen (otherwise than by virtue of being a citizen of Barbados) and who—
   1. has been ordinarily resident in Barbados continuously for a period of seven years or more at any time before 30th November 1966; and
   2. has not, since such period of residence in Barbados and before that date, been ordinarily resident outside Barbados continuously for a period of seven years or more,

   shall be entitled, upon making application, to be registered as a citizen of Barbados.

3. Any woman who on 29th November 1966 is or has been married to a person who subsequently becomes a citizen of Barbados by registration under subsection (2) shall be entitled, upon making application, and, if she is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Barbados.
4. Any application for registration under this section shall be made in such manner as may be prescribed as respects that application:Provided that such an application may not be made by a person who has not attained the age of eighteen years and is not a woman who is or has been married, but shall be made on behalf of that person by a parent or guardian of that person.
5. The right to be registered as a citizen of Barbados under this section shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.

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1. The following descriptions of person also have the right upon application to be registered as citizens of Barbados, namely—
   1. a person who has been ordinarily resident in Barbados throughout the period of ten years (or such longer period as may be prescribed) immediately preceding that person’s application;
   2. a person who has been married to a citizen of Barbados, and has cohabited with that citizen, for such period as may be prescribed immediately preceding that person’s application.
2. A person who has a right to be registered under paragraph (b) of subsection (1) by virtue of marriage to a spouse who is a citizen of Barbados does not lose that right if the spouse dies before the expiry of the period provided for by or under that paragraph.
3. The dissolution, or the annulment or other avoidance by a court or tribunal of competent jurisdiction, of the marriage of a person who has been registered as a citizen of Barbados under subsection (1)(b) does not affect that person’s citizenship of Barbados.
4. The right to be registered as a citizen of Barbados under this section is subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.
5. A person who is under eighteen years of age and is not a woman who is or has been married may not make an application for registration under this section; that person’s parent or guardian must make the application.
6. An application for registration under this section shall be made in such manner as may be prescribed.
7. Before a certificate or other official mark of citizenship of Barbados may be issued to a person pursuant to provision made under this section, that person must have taken the oath of allegiance before an officer of the Immigration Department in that officer’s capacity as a Justice of the Peace.

1. 1. Every person born in Barbados after 29th November 1966 shall become a citizen of Barbados at the date of his birth:Provided that a person shall not become a citizen of Barbados by virtue of this section if at the time of his birth—
      1. his father possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign State accredited to Her Majesty in right of Her Government in Barbados and neither of his parents is a citizen of Barbados; or
      2. his father is an enemy alien and the birth occurs in a place then under occupation by the enemy.
   2. A person born outside Barbados after 29th November 1966 shall be deemed to be a citizen of Barbados within section 4 at the date of his birth if he is born to a citizen of Barbados who at the date of the birth is in the service of Barbados in a diplomatic or consular capacity.

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1. 1. 1. A person born outside Barbados after 29th November 1966 shall become a citizen of Barbados at the date of his birth if at that date his father is a citizen of Barbados otherwise than by virtue of this section or section 2(2).
      2. Subject to subsection (1) and without derogating from, or in any way affecting, that subsection, a person born outside Barbados after 29th November 1966 shall become a citizen of Barbados at the date of his birth if at the date of the birth at least one of his parents is a citizen of Barbados who was born in Barbados.

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1. 1. 1. Any woman who, after 29th November 1966, marries a person who is or becomes a citizen of Barbados shall be entitled, upon making application in such manner as may be prescribed and, if she is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Barbados.
      2. The right to be registered as a citizen of Barbados under this section shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.
   2. Any citizen of Barbados who has attained the age of eighteen years and who
      1. is also a citizen or national of any other country; or
      2. intends to become a citizen or national of any other country,

      shall be entitled to renounce his citizenship of Barbados by a declaration made and registered in such manner as may be prescribed:

      Provided that

      1. in the case of a person who is not a citizen or national of any other country at the date of registration of his declaration of renunciation, if he does not become such a citizen or national within six months from the date of registration he shall be, and shall be deemed to have remained, a citizen of Barbados notwithstanding the making and registration of his declaration of renunciation; and
      2. the right of any person to renounce his citizenship of Barbados during any period when Barbados is engaged in any war shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.

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1. 1. Every person who under this Constitution or any Act of Parliament is a citizen of Barbados or under any enactment for the time being in force in any country to which this section applies is a citizen of that country shall, by virtue of that citizenship, have the status of a Commonwealth citizen.
   2. Every person who is a British subject without citizenship under the British Nationality Act 1948, continues to be a British subject under section 2 of that Act or is a British subject under the British Nationality Act 1965 shall, by virtue of that status, have the status of a Commonwealth citizen.
   3. This section applies to the countries specified or certified as Commonwealth countries in or under an Act of Parliament relating to membership of the Commonwealth.
2. Parliament may make provision
   1. for the acquisition of citizenship of Barbados by persons who do not become citizens of Barbados by virtue of the provisions of this Chapter; or
   2. for depriving of his citizenship of Barbados any person who is a citizen of Barbados otherwise than by virtue of subsection (1) or (2) of section 2 or section 4 or section 5.

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1. In this Chapter
   • “alien” means a person who is not a Commonwealth citizen, a British protected person or a citizen of the Republic of Ireland;
     
     “British protected person” means a person who is a British protected person for the purposes of the British Nationality Act 1948;

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     “prescribed” means prescribed by or under any Act of Parliament.

2. Any reference in this Chapter to the father of a person shall, in relation to any person born out of wedlock other than a person legitimated before 30th November 1966, be construed as a reference to the mother of that person.
3. For the purposes of this Chapter, a person born abroad a registered ship or aircraft, or abroad an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.
4. Any reference in this Chapter to the national status of the father of a person at the time of that person’s birth, shall, in relation to a person born after the death of the father, be construed as a reference to the national status of the father at the time of the father’s death; and where that death occurred before 30th November 1966 and the birth occurred after 29th November 1966 the national status that the father would have had if he had died on 30th November 1966 shall be deemed to be his national status at the time of his death.