The Constitution of Saint Lucia ensures access to information and participation within the framework of the freedoms of expression, peaceful assembly and association. It also provides constitutional guarantees in case the aforementioned rights are infringed. The constitution also regulates the Parliamentary Commissioner, tasked with investigating complaints of administrative injustices, among others.
Access to information (articles 1 and 10(1))
Every person in Saint Lucia is entitled to the fundamental rights and freedoms, namely freedom of expression and of assembly and association.
Except with his or her own consent, a person shall not be hindered in the enjoyment of his or her freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons) and freedom from interference with his or her correspondence.
Public participation (article 11(1))
Except with his or her own consent, a person shall not be hindered in the enjoyment of his or her freedom of assembly and association, that is to say, his or her right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his or her interests or to form or belong to political parties or other political associations.
Access to justice (articles 16(1) and 107)
If any person alleges that any of the provisions of sections 2 to 15 inclusive has been, is being or is likely to be contravened in relation to him or her (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 which is lawfully available, that person (or that other person) may apply to the High Court for redress.
An appeal shall lie from decisions of the High Court to the Court of Appeal as of right in certain cases such as on final decisions related to the enforcement of the fundamental rights and freedoms.
The Constitution also provides for a Parliamentary Commissioner whose principal function is to investigate any decision or recommendation made, including any advice given or recommendation made to a Minister, or any act done or omitted by any department of Government or any other authority to which this section applies, or by officers or members of such a departtnent or authority, being action taken in exercise of the administrative functions of that departtnent or authority. The Commissioner may investigate any matter where a complaint is duly made to the Commissioner by any person alleging that the complainant has sustained an injustice as a result of a fault in administration.
