TCI Constitution

Human Rights Commission 101. (1) The Human Rights Commission shall consist of a Chairman and such number of other members, being no fewer than two, as may be prescribed by law, appointed by the Governor, acting after consultation with the Premier and the Leader of the Opposition, and at least one of the members shall be a lawyer of at least ten years’ standing. (2) The primary responsibility of the Human Rights Commission shall be to promote understanding and observance of human rights in the Islands. (3) The Human Rights Commission shall have power to— (a) receive and investigate complaints of breaches or infringements of any right or freedom contained in Part I of this Constitution or in international human rights treaties that have been extended to the Islands, and investigate such possible breaches or infringements on its own initiative; (b) provide advice to persons who consider that their rights or freedoms have been infringed; (c) provide a forum for dealing with complaints by mediation or conciliation or by making recommendations; (d) issue guidance on procedures for dealing with any complaints of breaches or infringements of rights and freedoms; (e) contribute to public education about human rights; (f) issue reports relating to human rights issues on its own initiative; (g) exercise such other functions, for the purpose of fulfilling its primary responsibility under subsection (2), as may be conferred on it by law. (4) The Human Rights Commission shall have no power to— (a) represent or provide representation to parties to litigation, but this shall not prevent a member of the Commission appearing as amicus curiae when requested to do so by the court; (b) act in a judicial capacity or make binding recommendations as to whether any right or freedom contained in Part I of this Constitution or in any international human rights treaty has been breached or infringed; © Crown Copyright 2014 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai  LAWS OF TURKS & CAICOS ISLANDS Constitution CAP. 1.01 73 Revision Date: 31 Dec 2014 (c) compel any person to do anything against his or her will, but any public officer or public authority to which the Commission addresses a recommendation must respond in writing within a reasonable time, and such responses shall be published by the Commission unless there is a good reason to withhold publication. (5) The Human Rights Commission shall make an annual report to the House of Assembly about its activities, and shall send a copy of each report to the Governor. (6) Further provision relating to the establishment and operation of the Human Rights Commission may be made by Ordinance, but such legislation shall not derogate from any provision of this section. (7) Nothing contained in or done pursuant to this section or any law made under subsection (6) shall— (a) oblige a person to refer any complaint of a breach or infringement of any right or freedom contained in Part I of this Constitution to the Human Rights Commission; or (b) prevent a person from seeking redress directly from the Supreme Court in relation to any breach or infringement of a right or freedom contained in Part I of this Constitution, and the fact that any person had previously sought the assistance of the Commission with respect to any breach or infringement shall not prejudice any legal action.