CHAPTER 3.19 HUMAN RIGHTS COMMISSION ORDINANCE

Transcription

1 TURKS AND CAICOS ISLANDS CHAPTER 3.19 HUMAN RIGHTS COMMISSION ORDINANCE showing the law as at 31 August 2009 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Ordinance This edition contains a consolidation of the following laws Page HUMAN RIGHTS COMMISSION ORDINANCE 3 Ordinance 3 of 2008 in force 2 June 2008 (L.N. 14/2008) No Subsidiary Legislation has been made under this Ordinance

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3 TURKS AND CAICOS ISLANDS CHAPTER 3.19 HUMAN RIGHTS COMMISSION ORDINANCE showing the law as at 31 August 2009 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Ordinance This edition contains a consolidation of the following laws Page HUMAN RIGHTS COMMISSION ORDINANCE 3 Ordinance 3 of 2008 in force 2 June 2008 (L.N. 14/2008) No Subsidiary Legislation has been made under this Ordinance

4 Published in 2011 On the authority and on behalf of the Government of the Turks and Caicos Islands By Available for purchase from Attorney General s Chambers Waterloo Plaza Airport Road Grand Turk Turks and Caicos Islands British West Indies Tel: (649) Fax: (649) attorneygeneral@tciway.tc Printed on the authority and on behalf of the Government of the Turks and Caicos Islands by P.O. Box 1626, Hannah-Waver House, The Valley, AI-2640, Anguilla Authorised Printers for this Revised Edition

5 LAWS OF TURKS & CAICOS ISLANDS Revision Date: 31 Aug 2009 Human Rights Commission CAP SECTION 1. Short title CHAPTER 3.19 HUMAN RIGHTS COMMISSION ORDINANCE ARRANGEMENT OF SECTIONS PART I PRELIMINARY PART II ESTABLISHMENT OF TURKS AND CAICOS ISLANDS HUMAN RIGHTS COMMISSION 2. Establishment of Turks and Caicos Islands Human Rights Commission 3. Constitution of the Commission and term of office 4. Eligibility for reappointment 5. Meetings of the Commission 6. Functions of the Commission 7. Powers of the Commission PART III FUNCTION OF THE COMMISSION PART IV STAFF OF THE COMMISSION 8. Appointment of staff of the Commission 9. Staff of the Commission deemed to be public officers 10. Appointment of public officers to the staff of the Commission 11. Funds of the Commission 12. Commission to report 13. Protection PART VI GENERAL

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7 LAWS OF TURKS & CAICOS ISLANDS Revision Date: 31 Aug 2009 Human Rights Commission CAP CHAPTER 3.19 HUMAN RIGHTS COMMISSION ORDINANCE (Ordinance 3 of 2008) AN ORDINANCE TO PROVIDE FOR THE ESTABLISHMENT OF THE TURKS AND CAICOS ISLANDS HUMAN RIGHTS COMMISSION, TO SET OUT THE POWERS AND FUNCTIONS OF SUCH COMMISSION; AND PROVIDE FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. Commencement [2 June 2008] PART I PRELIMINARY Short title 1. This Ordinance may be cited as the Turks and Caicos Islands Human Rights Commission Ordinance. PART II ESTABLISHMENT OF TURKS AND CAICOS ISLANDS HUMAN RIGHTS COMMISSION Establishment of the Turks and Caicos Islands Human Rights Commission 2. There is hereby established a body to be known as the Human Rights Commission for the Turks and Caicos Islands (hereinafter referred to as the Commission ). Constitution of the Commission and term of office 3. (1) The Commission shall consist of five members. (2) Of the members of the Commission (a) the Chairman shall be appointed by the Governor, acting in accordance with the decision made by the Cabinet; (b) two members shall be appointed by the Governor, acting in accordance with the advice of the Minister with responsibility for human services;

8 6 CAP Human Rights Commission LAWS OF TURKS & CAICOS ISLANDS Revision Date: 31 Aug 2009 (c) two members shall be appointed by the Governor, acting in accordance with the advice of the Leader of the Opposition. (3) A member of the Commission shall be appointed by instrument under the public seal for such period, not exceeding three years, as may be specified in his instrument of appointment. (4) A person shall not be qualified to be appointed as a member of the Commission if he is (a) a public officer or if he has been within the preceding three years; (b) an elected or appointed member of the House of Assembly; or (c) the holder of any office in any political party. (5) The office of a member of the Commission shall become vacant (a) on the expiration of his term in office; (b) upon such member resigning such office by writing under his hand addressed to the Governor; (c) if he becomes an elected member of the House of Assembly, the holder of any office in any political party, or a public officer; or (d) if the Governor, acting in his discretion, directs that he shall be removed from office for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour. (6) Whenever the office of the Chairman of the Commission is vacant or the holder of that office by reason of illness or other infirmity, or absence from the Islands temporarily, is unable to perform the functions of that office, the Governor may appoint any other member of the Commission to act in his place. (7) If the office of a member of the Commission other than the Chairman is vacant or the holder of that office is acting as the Chairman or is for any other reason unable to perform the functions of his office, the Governor, acting in the manner prescribed by subsection (2) for the appointment of that member, may appoint a person who is qualified for appointment as a member of the Commission to act as a member of the Commission; and any person so appointed shall subject to subsection (5), continue so to act until he is notified by the Governor, acting in his discretion, that the circumstances giving rise to the appointment have ceased to exist. (8) At any meeting of the Commission, a quorum is constituted where at least four members are present. (9) Any question proposed for decision at any meeting of the Commission shall be determined by a majority of the votes of the members present and voting; and if on any question the votes are equally divided the Chairman shall have and exercise a casting vote. (10) The Commission shall be served by a Secretariat, the members of which shall be public officers.

9 LAWS OF TURKS & CAICOS ISLANDS Revision Date: 31 Aug 2009 Human Rights Commission CAP (11) In exercise of its functions the Commission shall not be subject to the discretion or control of any other person or authority. Eligibility for re-appointment 4. A member of the Commission who vacates his office, otherwise than by removal under section 3(5)(d), shall be eligible for re-appointment. Meetings of the Commission 5. (1) The Chairman of the Commission shall preside at all meetings of the Commission, and in the event of his absence from any meeting, the members of the Commission present at such meeting shall elect one from amongst themselves to preside at such meeting. (2) Subject to the provisions of this Ordinance, the Commission may regulate the procedure in regard to the conduct of meeting of the Commission, and the transaction of business at such meetings. PART III FUNCTIONS OF THE COMMISSION Functions of the Commission 6. The functions of the Commission shall be (a) to inquire into, and investigate complaints of alleged or perceived human rights abuse and complaints regarding procedures, with a view to promoting respect for, and observance of, fundamental rights; (b) to advise and assist the Government in formulating legislation and administrative directions and procedures in furtherance of the promotion and protection of fundamental rights; (c) to make recommendations to the Government regarding measures which should be taken to ensure that national laws and administrative practices are in accordance with international human rights norms and standards; (d) to make recommendations to the Government on treaties and other international instruments in the field of human rights; (e) to promote general awareness of, and provide education, in relation to, human rights, including by making public statements and educating public opinion and public officials, co-ordinating human rights programmes and acting as a source of human rights information; (f) to invite and receive representation from members of the public on any matter affecting human rights;

10 8 CAP Human Rights Commission LAWS OF TURKS & CAICOS ISLANDS Revision Date: 31 Aug 2009 (g) to consult and co-operate with other persons and bodies concerned with the promotion and protection of human rights; (h) to inquire generally into any matter, including any enactment or law, or any procedure or practice whether governmental or nongovernmental, if it appears to the Commission that human rights are, or may be, infringed thereby; (i) to make recommendations on the implications of any proposed Ordinance or Regulations or any proposed policy of the Government that may affect human rights; (j) to advice on any human rights matter referred to it by Government; (k) to publish guidelines for the avoidance of acts or practices that may be inconsistent with or contrary to human rights; and (l) to take part in international meetings and other activities on human rights and to co-operate with other regional, and international human rights bodies. Powers of the Commission 7. (1) For the purpose of discharging its functions the Commission may exercise any or all of the following powers (a) monitor the welfare of persons detained in detention centres by regular inspection of their places of detention or placement, and to make such recommendations as may be necessary for improving their conditions of detention or placement; (b) undertake research into, and promote awareness of human rights by conducting programmes, seminars, workshops and to disseminate and distribute the results of such research; (c) do all such other things as are necessary as to the discharge of its functions. (2) In this section detention centre means a place where persons landing unlawfully in the Islands are detained or held until their subsequent repatriation, removal or deportation therefrom. PART IV STAFF OF THE COMMISSION Appointment of staff of the Commission 8. There shall be appointed a Secretary to the Commission and such staff as may be necessary to assist the Commission in the discharge of its functions under this Ordinance.

11 LAWS OF TURKS & CAICOS ISLANDS Revision Date: 31 Aug 2009 Human Rights Commission CAP Staff of the Commission deemed to be public officers 9. The staff appointed to assist the Commission shall be deemed to be public officers within the meaning of section 99 of the Constitution. Appointment of public officers to the staff of the Commission 10. At the request of the Commission, any officer in the public service may, with the consent of that officer, be temporarily appointed to the staff of the Commission for such period as may be determined by the Commission, with like consent, or with like consent be permanently appointed to such staff. PART V GENERAL Funds of the Commission 11. (1) The Government shall provide the Commission with adequate funds to enable the Commission to discharge its functions under this Ordinance. (2) The Commission shall cause proper accounts to be kept of its income and expenditure, and assets and liabilities. year. (3) The financial year of the Commission shall end 31 st March in each Commission to report 12. (1) The Commission shall submit an annual report to the House of Assembly of all its activities during the year to which the report relates. (2) The report referred to in subsection (1) shall contain a list of all matters referred to it, and the action taken in respect of them along with the recommendations of the Commission in respect of each matter. (3) The Commission may, whenever it considers it necessary to do so, submit periodic or special reports to the House of Assembly in respect of any particular matter or matters referred to it, and the action taken in respect thereof. Protection 13. (1) No proceedings civil or criminal shall be instituted against any member of the Commission or any staff of the Commission, for any act done or omitted to be done in good faith in the exercise or discharge of any duty or function under this Ordinance. (2) No proceedings civil or criminal shall be instituted in any court against any member of the Commission in respect of any report made by the Commission under this Ordinance or against any other person in respect of the publication by such person of a substantially true account of such report.

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