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Antigua and Barbuda
Summary of Domestic Prohibition
Slavery and slave trade
Provisions related to slavery are found in the 1981 Antigua and Barbuda Constitutional Order which prohibits slavery at article 6.
Practices similar to slavery
There appears to be no legislation in place in Antigua and Barbuda which prohibits institutions and practices similar to slavery. However, the Trafficking in Persons (Prevention) Act 2010 prohibits debt bondage at article 17.
Servitude
Provisions related to servitude are found in the 1981 Antigua and Barbuda Constitutional Order which prohibits servitude at article 6.
Forced or compulsory labour
Provisions related to forced labour are found in the 1981 Antigua and Barbuda Constitutional Order which prohibits forced labour at article 6.
Human trafficking
Provisions related to trafficking in persons are found in the Trafficking in Persons (Prevention) Act 2010, as amended in 2019.
Forced marriage
Provisions related to forced marriage in Antigua and Barbuda are found in the 1873 Offences against the Person Act, which addresses the abduction or detention of a woman of any age against her will for financial gain, with the intent to marry or cause her to be married by another person at Article 51, with a potential penalty of imprisonment up to two years. Article 52 also addresses the forcible taking or detention of a woman of any age against her will with the intent to marry or to cause her to be married, with a potential penalty of imprisonment up to five years. Provisions related to forced marriage in Antigua and Barbuda are also found in the 1995 Sexual Offences Act, which addresses the abduction of a female to cause her to marry a male person at Article 19, with a potential penalty of imprisonment for ten years.
Consent to marriage
Marriage is the voluntary union between a man and a woman, formalized under the terms of the law, with the objective of establishing a full life communion.” There appears to be no legislation in Antigua and Barbuda that requires consent to marriage. However, section 16 of the of the Matrimonial Causes Act 1948 recognises that the consent of a party or prospective party to a marriage is invalidated where the person is of unsound mind.
Servile marriage
There appears to be no legislation in Antigua and Barbuda that prohibits servile matrimonial transactions.
Marriage trafficking
Provisions related to marriage trafficking in Antigua and Barbuda are found in the THE TRAFFICKING IN PERSONS (PREVENTION) ACT 2010, which prohibit trafficking for practices similar to slavery at Articles 2 and 13, with a potential penalty of imprisonment for up to twenty years or a fine not exceeding four hundred thousand dollars or both. Legislation in Antigua and Barbuda also prohibits abduction for marriage and detaining for marriage. Detaining for marriage is prohibited under Article 51of the Offences against the Person Act 1873, with a potential penalty of imprisonment not exceeding two years. Abduction for marriage is prohibited under Article 52 of the Offences against the Person Act 1873 and under Article 19 of Sexual Offences Act 1995, with a potential penalty of imprisonment not exceeding five years or imprisonment for ten years respectively.
Minimum age for marriage
The minimum age for marriage in Antigua and Barbuda is 18, without differentiation by gender, as set out on Article 25 of the 1925 Marriage Act, as amended in 2019. Where marriages are conducted involving a person below the minimum age, the marriage shall be null and void. However, marriages below this age are permitted with the consent of the required persons, as set out on Article 26 of the 1925 Marriage Act. These exceptions are not differentiated by gender.
Region
Latin America and Caribbean
Regional Court
Not party to a court
Legal System
Common
International Instruments
International Obligations
- Slavery
- Servitude
- Institutions and Practices Similar to Slavery
- Forced Labour
- Human Trafficking
- Consent to marriage
- Marriage Trafficking
Regional Organisations
- Commonwealth
- Caribbean Community
- Organisation of American States
Legislative Provisions
AWAD REPORT
Paragraph 511
Slavery, the slave trade, and institutions and practices similar to slavery do not exist in Antigua, having been abolished by the Slavery Abolition Act of 1833 (3 and 4 Will. 4c 73).
THE ANTIGUA AND BARBUDA CONSTITUTIONAL ORDER 1981
6.Protection From Slavery And Forced Labour
1.No person shall be held in slavery or servitude.
2.No person shall be required to perform forced labour.
3.For the purposes of this section, the expression “forced labour” does not include-
a.any labour required in consequence of the sentence or order of a court;
b.any labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;
c.any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service;
d.any labour required during any period of public emergency or, in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation.
THE TRAFFICKING IN PERSONS (PREVENTION) ACT 2010
2 Interpretation
In this Act—
“exploitation” means all forms of sexual exploitation, forced labour, slavery or practices similar to slavery, servitude, any illegal activity or the removal of human organs;
“forced labour” means labour or services obtained or maintained through threats, the use of force, intimidation or other forms of coercion, or physical restraint;
“servitude” means a condition in which the labour or service of a person is provided or obtained through threats of harm to that person or another person, or through any scheme, plan or pattern intended to cause the person to believe that, if he does not perform the labour or provide the service in question, he or another person would suffer harm;
“slavery” means reducing a person by any means to a state of submitting to the control of another person as if that other person were the owner of the first-mentioned person;
“trafficking in persons” means the recruitment, transportation, transfer, harbouring, or receiving of a person by means of the threat or use of force or other means of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability, or of giving or receiving of payment or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation;
13.Offence of trafficking in persons
A person who engages in trafficking in persons commits an offence and, subject to sections 15 and 16, is liable on summary conviction to a fine not exceeding four hundred thousand dollars or to imprisonment for a term not exceeding twenty years or to both.
14.Directing, conspiring, inciting etc., the commission of trafficking in person
A person who—
(a) performs an act which is aimed at committing the offence of trafficking in persons;
(b) incites, instigates, commands, directs, aids, advises, recruits, encourages or procures another person to commit the offence of trafficking in persons; or
(c) conspires with another person to commit the offence of trafficking in persons or to aid in the commission thereof;
commits an offence and, subject to sections 15 and 16, is liable on summary conviction to a fine not exceeding four hundred thousand dollars or to imprisonment for a term not exceeding twenty years or to both.
17.Debt bondage
A person who intentionally engages in conduct that causes another person to enter into debt bondage commits an offence and is liable on summary conviction to a fine not exceeding four hundred thousand dollars or to imprisonment for a term not exceeding twenty years or to both.
18.Using services of trafficked person
(1) A person commits an offence if he intentionally—
(a) benefits, financially or otherwise, from the services of a trafficked person or of a person he knows or ought reasonably to have known to be a trafficked person; or
(b) uses or enables another person to use the services of a trafficked person or of a person he knows or ought reasonably to have known to be a trafficked person.
(2) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding four hundred thousand dollars or to imprisonment for a term not exceeding twenty years or to both.
ANTIGUA AND BARBUDA LABOUR CODE
C21.
(1) No person shall employ anyone to perform labour or services at a basic wage less than that which shall be established by the Minister after recommendations made to him by a Minimum Wage Advisory Committee specially appointed by him to investigate the conditions of work, extent of unemployment, the cost of living, and the general conditions of the economy in Antigua and Barbuda.
C29.
(1) The money wages of a workman shall be payable in legal tender, provided, however, that the payment of wages by cheque on a bank in Antigua and Barbuda or by postal order shall be deemed to be payment in legal tender in cases in which payment in such manner is customary or necessary or is consented to by the workman: Provided however that nothing herein shall be construed as prohibiting the giving of food, a dwelling-place, or other allowances and privileges in addition to money wages as a remuneration for service; except however, that noxious drugs or intoxicating liquor; and (b) said allowances and privileges are fairly evaluated at cost to the employer.
(2) Nothing herein shall be construed as prohibiting the distribution to a workman of gratuities received from customers of the employer as part of remuneration for services:
Provided, however, that the amount distributed in gratuities shall not be considered a part of the minimum basic wage which is required by section C 21 or C 22.
THE TRAFFICKING IN PERSONS (PREVENTION) ACT 2010
2 Interpretation
In this Act—
“exploitation” means all forms of sexual exploitation, forced labour, slavery or practices similar to slavery, servitude, any illegal activity or the removal of human organs;
“forced labour” means labour or services obtained or maintained through threats, the use of force, intimidation or other forms of coercion, or physical restraint;
“servitude” means a condition in which the labour or service of a person is provided or obtained through threats of harm to that person or another person, or through any scheme, plan or pattern intended to cause the person to believe that, if he does not perform the labour or provide the service in question, he or another person would suffer harm;
“slavery” means reducing a person by any means to a state of submitting to the control of another person as if that other person were the owner of the first-mentioned person;
“trafficking in persons” means the recruitment, transportation, transfer, harbouring, or receiving of a person by means of the threat or use of force or other means of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability, or of giving or receiving of payment or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation;
13. Offence of trafficking in persons
A person who engages in trafficking in persons commits an offence and, subject to sections 15 and 16, is liable on summary conviction to a fine not exceeding four hundred thousand dollars or to imprisonment for a term not exceeding twenty years or to both.
14. Directing, conspiring, inciting etc., the commission of trafficking in person
A person who—
(a) performs an act which is aimed at committing the offence of trafficking in persons;
(b) incites, instigates, commands, directs, aids, advises, recruits, encourages or procures another person to commit the offence of trafficking in persons; or
(c) conspires with another person to commit the offence of trafficking in persons or to aid in the commission thereof;
commits an offence and, subject to sections 15 and 16, is liable on summary conviction to a fine not exceeding four hundred thousand dollars or to imprisonment for a term not exceeding twenty years or to both.
18. Using services of trafficked person
(1) A person commits an offence if he intentionally—
(a) benefits, financially or otherwise, from the services of a trafficked person or of a person he knows or ought reasonably to have known to be a trafficked person; or
(b) uses or enables another person to use the services of a trafficked person or of a person he knows or ought reasonably to have known to be a trafficked person.
(2) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding four hundred thousand dollars or to imprisonment for a term not exceeding twenty years or to both.
The Trafficking in Persons Prevention Act 2010 – SHERLOC – English (PDF)
OFFENCES AGAINST THE PERSON ACT 1873
51. Abduction of a woman against her will from motives of lucre
Where any woman of any age has any interest, whether legal or equitable, present or future, absolute, her will from conditional, or contingent, in any real or personal estate, or is a presumptive heiress or co-heiress, or presumptive next-of-kin, to any one having such interest, whosoever, from motives of lucre, takes away or detains any such woman against her will, with intent to marry or carnally know her, or to cause her to be married or carnally known by any other person, and whosoever fraudulently allures, takes away, or detains such woman, being under the age of eighteen years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her, with intent to marry or carnally know her, or to cause her to be married or carnally known by any other person, is guilty of felony, and, being convicted thereof, shall be liable to be imprisoned for any term not exceeding two years, with or without hard labour; and whosoever is convicted of any offence against this section shall be incapable of taking any estate or interest, legal or equitable, in any real or personal property of such women, or in which she has any such interest, or which shall come to her as such heiress, co-heiress, or next-of-kin as aforesaid; and if any such marriage as aforesaid shall have taken place, such property shall, upon such conviction, be settled in such manner as a Judge shall appoint, upon any information at the suit of the Attorney-General.
52. Forcible abduction of any woman with intent to marry her
Whosoever by force takes away or detains against her will any woman of any age with intent to marry or carnally know her, or to cause her to be married, or carnally known by any other person, is guilty of felony, and, being convicted thereof, shall be liable to be imprisoned for any term not exceeding five years.
SEXUAL OFFENCES ACT 1995
19 Abduction of a female
A person who takes away or detains a female person against her will with intent –
(a) to many her or to have sexual intercourse with her; or
(b) to cause her to marry or to have sexual intercourse with a male person, is guilty of an offence and is liable on conviction to imprisonment for ten years.
MARRIAGE ACT 1925 (AS AMENDED 2019)
25. Marriages of persons under 18
A marriage solemnized between persons either of whom is under the age of eighteen shall be null and void.
26 Restriction in cases of minority of parties
(1) Where either of the parties, not being a widower or widow, is under the age of eighteen years, no marriage shall take place between them until the consent of the persons or person required by this Act has been first obtained.
(2) The consent required to the marriage of an infant under this section shall, in the case of a marrige intended to be solemnized on the granting of a licence by the Minister responsible for Legal Affairs or in the case of a marriage intended to be solemnized after the publication of banns, Second Schedule. be that of the persons or person mentioned in the Second Schedule:
Provided that-
(a) if the Marriage Officer is satisfied that the consent of any person whose consent is so required cannot be obtained by reason of absence or inaccessibility or by reason of his being under any disability, the necessity for the consent of that person shall be dispensed with, if there is any other person whose consent is also required; and if the consent of no other person is required, the Minister responsible for Legal Affairs may dispense with the necessity of obtaining any consent, or the High Court may, on application being made, consent to the marriage, and the consent of the Court so given shall have the same effect as if it had been given by the person whose consent cannot be obtained;
(b) if any person whose consent is required refuses his consent, the High Court may, on application being made, consent to the marriage, and the consent of the Court so given shall have the same effect as if it had been given by the person whose consent is so refused.
31. Publication when void
(1) In all cases where any person, whose consent to a marriage is by this Act required, forbids such marriage and gives notice in writing thereof before it is solemnized to the minister publishing the banns for such marriage, the publication of such banns shall, subject to the provisions of this Act, be void, unless the person so objecting afterwards withdraws his objection, in which case the publication shall hold good.
(2) In all cases where three calendar months from the last publication of banns have elapsed without the marriage to which such banns relate having been solemnized, the publication of such banns shall be void.
(3) In either of the said cases before the parties can be married by banns, it shall be necessary to republish banns anew, as if no banns had ever been published between them.
45. Objections to issue of notice
(1) Any person may enter an objection to the issue of a Registrar-General’s certificate on the ground of there being a legal impediment to the marriage between the parties.
(2) Such objection shall be in writing signed by or on behalf of the person who enters the same, shall state his name and place of residence and the ground of his objection, and shall be lodged with the Registrar-General within twentyone days from the date of the notice set up outside his office under section 43.
(3) When any objection is lodged the Registrar-General shall forward the objection to a Judge of the High Court who shall decide upon the same as expeditiously as the circumstances of the case will permit, the objection so forwarded being, as far as practicable, regarded and dealt with as a petition to the Judge sitting in Chambers.
(4) The Registrar-General shall, in any such case, suspend the issue of his certificate until he receives a certified copy of the Judge’s decision, and shall act in conformity therewith.
(5) The cost of and attending the decision of any objection by a Judge shall be in the Judge’s discretion.
58. Making false declaration
Any person who knowingly and wilfully makes any false declaration (statutory or other) or signs any petition, notice, statement or certificate required by this Act, which is in any material respect false, for the purpose of procuring any marriage, shall be deemed guilty of wilful and corrupt perjury, and shall be liable to be prosecuted and punished accordingly.
MATRIMONIAL CAUSES ACT 1948
16. New ground for decree of nullity
(1) In addition to any other grounds on which a marriage is by law void or voidable, a marriage shall be voidable on the ground- I (a) that the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage; or (b) that either party to the marriage was at the time of the marriage of unsound mind or subject to recur- rent fits of insanity or epilepsy; or (c) that the respondent was at the time of the marriage suffering from veneral disease in a communicable form; or (4 that the respondent was at the time of the marriage pregnant by some person other than the petitioner: Provided that, in the cases specified in paragraphs (b), (c) and (4, the Court shall not grant a decree unless it is satisfied- (i) that the petitioner was at the time of the marriage ignorant of the facts alleged; (ii) that proceedings were instituted within a year from the date of the marriage; and (iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree.
(2) Any child born of a marriage avoided pursuant to paragraphs (b) or (6) of the last foregoing subsection shall be a legitimate child of the parties thereto notwithstanding that the marriage is so avoided.
(3) Nothing in this section shall be construed as validating any marriage which is by law void, but with respect to which a decree of nullity has not been granted.