The Caribbean Centre for Human Rights (CCHR) is proud to introduce its groundbreaking publication: Breaking the Chains: The Fight for Justice Beyond Colonial Laws. This powerful and richly researched book delves into one of the most enduring—and controversial—features of Caribbean constitutional law: the savings law clause. In this blog, we explore what the book is about, why it matters, and how it hopes to inspire a new wave of legal and political reform across the Anglophone Commonwealth Caribbean.
🔍 What Is the Savings Law Clause?
At the heart of many Caribbean constitutions lies a clause that insulates pre-independence laws from being struck down, even if they violate modern human rights standards. Known as the savings law clause, this provision was designed to maintain legal continuity post-independence—but it has now become a mechanism that preserves colonial-era laws that contradict the very rights enshrined in Caribbean constitutions.
📖 What This Book Does
Breaking the Chains is not just a legal textbook—it is a call to action. It:
- Traces the historical roots of the savings law clause and its embeddedness in Caribbean constitutions.
- Analyzes contemporary impacts, such as the persistence of laws related to corporal punishment, vagrancy, sexual offences, capital punishment, and other outdated statutes.
- Examines judicial trends by comparing rulings from the Privy Council and the Caribbean Court of Justice.
- Explores obstacles to reform, including political resistance, constitutional amendment complexities, and public apathy or misinformation.
- Offers a clear roadmap for change, outlining actionable reform strategies and lessons from other Commonwealth nations like India and South Africa.
🧠 Why This Book Is Important
- Human Rights in Jeopardy: The savings law clause directly undermines the protection of fundamental freedoms promised in Caribbean constitutions. It has allowed the persistence of laws that criminalize marginalized groups, restrict freedom of expression, and endorse archaic punishments.
- Judicial Gridlock: Courts have had to wrestle with the contradictions between modern human rights principles and entrenched colonial laws, often with limited power to strike them down due to these clauses.
- Reform Is Possible: Countries that have reformed or abolished their savings clauses (or never had them at all) have not seen legal chaos. On the contrary, they have built more rights-respecting societies.
✊ Who Should Read This Book?
This is a must-read for:
- Policy makers and legal reformers, looking to build a fairer and more modern legal system.
- Activists and civil society organizations, campaigning for equality, dignity, and justice.
- Legal scholars and students who wish to understand the intersection of colonial legacy and constitutional law.
- Every Caribbean citizen, because constitutional reform isn’t just a legal matter—it’s about the values we hold as a society.
📝 Editorial Team and Support
The book is edited by Dr. Timothy Affonso and Ms. Ria Mohammed-Davidson, with a foreword by the renowned legal expert Dr. The Honourable Lloyd Barnett. It is the result of years of dedicated research and collaboration supported by the Open Society Foundation. The CCHR team—including writers, editors, researchers, and creative contributors—have worked tirelessly to produce what is arguably the most comprehensive Caribbean legal publication on this subject to date.
🌍 A Vision for the Future
The ultimate goal of Breaking the Chains is to empower a new generation of Caribbean people to reclaim their legal identity. The book doesn’t just critique—it inspires, educates, and equips readers to become advocates for change. It’s about moving beyond colonial shadows and forging a new path toward justice that reflects Caribbean values, Caribbean voices, and Caribbean futures.
📘 Available now from the Caribbean Centre for Human Rights (CCHR)
Click here to download your copy of Breaking the Chains – A Bold New Chapter in Caribbean Constitutional Justice
Let’s begin the conversation to finally break the chains.