Legal framework on freedom of religion and actual application
In the Preamble to its Constitution, Antigua and Barbuda is defined as a sovereign nation that acknowledges “the supremacy of God, the dignity and worth of the human person” and “the fundamental rights and freedoms of the individual”.
Under Article 3, everyone has the right to have their fundamental human rights and freedoms protected without distinction of race, place of origin, opinions or political affiliations, colour, creed, or sex. Such rights include freedom of conscience, expression, peaceful assembly, and association, subject to a respect for the rights and freedoms of others and the public interest.
Article 6 acknowledges the right to conscientious objection to military service.
According to Article 11, no one shall be prevented from enjoying freedom of conscience. This includes freedom of thought and religion, the freedom to change one’s religion or beliefs, and the freedom to manifest and propagate it through worship, teaching, practice, and observance, either individually or collectively, in public and in private.
Other than with individual consent, or the consent of a parent or guardian in the case of minors under the age of 18, no one attending an educational establishment is required to receive religious instruction, or take part in religious services or attend religious ceremonies other than those of the religion they profess (Article 11, 2). Furthermore, no one shall be compelled to take an oath contrary to their beliefs or in a manner contrary to their religion or beliefs (Article 11, 3).
According to Article 14 (1, 3), no law may discriminate in itself or in its effects, where discrimination means a different treatment of people because of their race, place of origin, political opinion or affiliation, colour, creed, or sex.
Ministers of religion cannot be appointed to the Senate (Article 30) or elected to the House (Article 39).
Good Friday, Easter, Whit (Pentecost) Monday and Christmas are statutory holidays.
Under Article 19 of the Education Act of 2008, students can express any religious, political, moral, or other belief or opinions, as long as they do not affect the rights of other students or people in the school.
Article 29 stipulates that admission to a public school may not be denied on grounds such as race, place of origin, creed, sex, etc.
Religious instruction is part of the curriculum of public and semi-public schools and is offered following a plan adopted by the school, which cannot include the distinctive catechism of any particular religion (Article 147). Under Article 11 (2), parents may express their objection if they wish.
In January 2019, a law was enacted allowing members of religious groups—including but not limited to Rastafarians—to grow, possess, and carry certain amounts of cannabis for religious purposes. Cannabis is also allowed in religious functions, but prior registration with the authorities is required.
In December 2021, a law was adopted to impose restrictions on the size of social gatherings, including religious meetings, due to the COVID-19 pandemic. Government officials were empowered to shut down meetings that did not comply with the regulations.
Incidents and developments
In July 2021, the government introduced a policy of mandatory COVID-19 vaccination for public sector workers. Later, in September of the same year, the Health Ministry introduced additional measures to fight the pandemic, including restrictions on the number of people who could attend religious services.
In October 2021, the government allowed religiously motivated conscientious objectors to opt out of compulsory vaccination, upon making a formal statement.
In November 2021, two more churches — the Bible Speaks and Tindale Seventh Day Adventist churches — received funding to build hurricane-resilient shelters.
In December 2021, the government decided not to renew the state of emergency declared in the wake of the COVID-19 pandemic. With respect to religious freedom, some restrictions limiting the size of gatherings could remain.
Prospects for religious freedom
During the period covered by this report, no significant incidents of religious intolerance or discrimination were observed; however, COVID-19 restrictions led to tensions between some religious groups and the government. The prospects for the protection and exercise of the right to religious freedom are therefore positive.
Antigua and Barbuda