Democratic Labour Party (DLP) president Dr Ronnie Yearwood has described the recent High Court ruling that struck down a ban on public officers actively participating in politics as one of the most important decisions on securing citizens’ rights to freedom of association and expression in recent times.
And the DLP leader, who is an attorney-at-law and university lecturer, said the judgment could provide a stronger case for two teachers who were suspended for contesting the 2022 general election as candidates for his party.
On Tuesday, Justice Westmin James ruled that General Order 3.18.1 was unconstitutional and inconsistent with the rights to freedom of expression and association which are enshrined in the Constitution of Barbados.
“It goes to the heart of our democracy and it’s about time that the law was brought in line with our Caribbean counterparts,” Yearwood told Barbados TODAY.
“We have seen similar decisions by other regional courts like in St. Kitts and Nevis. So this ruling would have been expected, and it really paves the way for full political participation by citizens.
“I think it’s welcome, and it’s something that will reverberate positively for Barbadian politics and maybe it will also prompt a reordering of our political system and perhaps now that we are reviewing our Constitution, this will be a good time to look at the Constitution and any kind of support or ancillary legislation regarding people’s full rights to political participation,” the DLP leader added.
Justice James’ declaration about the unconstitutionality of General Order 3.18.1 in his ruling in an application for constitutional relief which was filed by temporary household facilitator in the Ministry of People Empowerment and Elder Affairs Natalie Murray when disciplinary action was contemplated against her after she spoke on a Barbados Labour Party (BLP) platform during the last election.
The judge ruled that any disciplinary proceedings brought against her be “permanently stayed”, saying that the regulation amounted to a hindrance to her right to freedom of expression and freedom of association guaranteed under Sections 20 and 21 of the Barbados Constitution, respectively, and was an improper and invalid restriction upon her as a lower-level public officer.
Yearwood said the decision could be good news for educators Alwyn Babb and Pedro Shepherd, who were last April sent on half-pay leave for their participation in the election.
“Obviously, the case would signal that they are within the four corners of the wall. So, from where I sit, I will say this is a very positive case for them and their development and it now will be a matter to work out how their case will be handled going forward,” the law lecturer at the University of the West Indies, Cave Hill Campus told Barbados TODAY.
(JB)
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