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16Mar1983


The Saint Lucia Red Cross Society Act, 1983


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I Assent

[L.S.] ALLEN LEWIS,
Governor-General.

16th March 1983.

SAINT LUCIA.

No. 3 of 1983

An Act to provide for the Constitution of the Saint Lucia Red Cross Society and for matters incidental thereto and connected therewith.

[16th March, 1983.]

BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Parliament of Saint Lucia, and by the authority of the same, as follows :–

Short Title

1. This Act may be cited as the Saint Lucia Red Cross Society Act, 1983.

Interpretation

2. In this Act, unless a contrary intention appears :–

"Branch" means the Saint Lucia Branch of the British Red Cross Society that was in operation before the commencement of this Act ;

"Constitution" means the constitution comprising rules made by the General Assembly in accordance with the powers given under section 8 ;

"Scheduled Conventions" means the conventions specified in the Schedule ;

"Society" means the Saint Lucia Red Cross Society established by Section 3 ;

"Minister" means the Minister charged with responsibility for voluntary organisations.

Establishment of the Society

3.–(1) For the purpose of maintaining and carrying out the objects set out in Section 4 there shall be established and constituted the Saint Lucia Red Cross Society which shall be the sole national Red Cross Society in Saint Lucia.

(2) The Society shall be a body corporate having perpetual succession and a common seal, with power to sue and be sued, purchase, acquire, hold, manage and dispose of movable and immovable property and to enter into any such contracts as it may consider necessary or expedient for the purpose of performing its functions or achieving its objects under this Act.

Objects of the Society

4.–(l)The objects of the Society shall be:–

    (a) to act in case of armed conflict, and in peace prepare to act, in all the fields covered by the Scheduled Conventions and on behalf of all war victims, both civilian and military ;

    (b) to contribute to the improvement of health, the prevention of disease and the mitigation of suffering by programmes of training and services for the benefit of the community, adapted to national and local needs and circumstances ;

    (c) to organise, within the scope of the national plan, emergency relief services for the victims of disasters, howsoever caused ;

    (d) to recruit, train and assign such personnel as are necessary for the discharge of its responsibilities ;

    (e) to promote the participation of children and young people in the work of the Red Cross ;

    (f) to propagate the Fundamental Principles of the Red Cross and of International Humanitarian Law in order to develop among the population, and in particular among children and youth, the ideals of peace, mutual respect and understanding among all men and all peoples.

(2) In pursuing the objects referred to in subsection (1) of this section the society shall not make any adverse distinction founded on sex, race, nationality, religion or political opinions or any other similar criteria and shall act in accordance with the spirit and principles of the Scheduled Conventions.

Recognition to the Society

5. The Society is hereby recognised by the Government of Saint Lucia as a Voluntary Aid Society auxiliary to the public authorities and acting for the benefit of the civilian population both for the purpose of the Scheduled Conventions and otherwise and shall have the right in conformity with the Scheduled Conventions to use the name and heraldic emblem of a red cross on a white ground formed by reversing the Swiss Federal colours.

Nature of Society

6. The independent and voluntary nature of the Society shall at all times be respected in accordance with the resolution relative to National Red Cross Societies adopted by the General Assembly of the United Nations on the 19th November, 1946.

Governing Body

7. –(1) The Governing Body of the Society shall be a General Assembly established in accordance with the Constitution of the said Society. The General Assembly may from time to time appoint Central or local Committees with such powers and duties as may be prescribed by the said Constitution.

(2) The first members of the General Assembly shall be those persons who, immediately before the coming into operation of the Act, are members elected to the respective positions of the Branch.

Constitution

8. –(1) The General Assembly shall as soon as possible after the commencement of this Act frame and establish a Constitution comprising rules for the management of the affairs of the Society and the accomplishment of its objects. Such Constitution shall provide, inter alia

    (a) that membership of the Society shall not be withheld from any citizen of Saint Lucia on the grounds of race, class, sex, religion, faith or political opinion ;

    (b) that all members of the Society shall have representation on the General Assembly.

(2) Rules made under this Section may from time to time be altered, added to or repealed by the General Assembly and new Rules may from time to time be made in like manner.

Offence

9. It shall not be lawful for any person other than those authorised under Section 5 of this Act or under the provisions of the Scheduled Conventions to use for any purpose whatever the emblem of the red cross on a white ground, or any colourable imitation thereof, or the words "Red Cross", or the arms of the Swiss Confederation.

Use of emblem

10. The Minister may by Statutory Instrument make provisions generally for the use of the emblem and the prevention and repression of its misuse.

Vesting of Assets and Liabilities

11.–(1) On the date on which this Act comes into operation, all the assets and liabilities of the Branch shall be deemed to have been transferred to and vested in the Society by virtue of this Section and without further assurance, and the Society shall have all the powers necessary to take possession of, recover and deal with such assets and discharge such liabilities.

(2) All deeds, bonds, instruments and contracts subsisting immediately before the day on which this Act comes into operation and to which the Branch is a party shall be of as full force and effect against or in favour of the society and enforceable as fully and effectually as if, instead of the Branch, the Society had been a party thereto.

(3) Officers of the Branch shall hold corresponding appointments in the Society until other provisions are made in accordance with rules made under this Act, but subject to any provisions contained in the aforesaid rules.

Commencement

12. This Act shall come into force on such day as the Minister shall appoint by Statutory Instrument.

SCHEDULE

1. Geneva Convention of the 12th August, 1949 for the amelioration of the condition of wounded and sick in armed forces in the field.

2. Geneva Convention of the 12th August, 1949 for the amelioration of the condition of wounded, sick and shipwrecked members of armed forces at sea.

3. Geneva Convention of the 12th August, 1949, relative to the treatment of prisoners of war.

4. Geneva Convention of the 12th August, 1949, relative to the protection of civilian persons in time of war.

5. Protocol Additional to the Geneva Convention of 12th August, 1949, and relating to the protection of victims of International Armed Conflicts (Protocol I).

6. Protocol Additional to the Geneva Convention of 12th August, 1949, and relating to the protection of victims of non-International Armed Conflicts (Protocol II).

Passed in the House of Assembly this 28th day of January, 1983.

W. ST. CLAIR DANIEL,
Speaker.

Passed in the Senate this 17th day of February, 1983.

E. HENRY GIRAUDY,
President.


[Source: Saint Lucia Government Gazette, 1983, pp. 7-11]

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This document has been published on 10Jul17 by the Equipo Nizkor and Derechos Human Rights. In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.