The Constitution
The Montserrat Constitution Order 2010 established the Complaints Commission. Part I sets out the fundamental rights and freedoms that a human rights complaint can be about.
- In force
- 27 September 2011
- Instrument
- S.I. 2010 No. 2474
- The Commission
- Section 105
Montserrat Constitution Order 2010 (Cap. 1.01)
PDF · 105 pages · 1.2 MB · Revised edition, 1 January 2013
Human rights complaints are about the rights and freedoms in Part I of the Constitution, listed alongside. Section 105, in Part IX (Public Standards), establishes the Commission and sets out its functions.
Section 105: the Complaints Commission
105. Complaints Commission
(1) There shall be a Complaints Commission for Montserrat, the composition, functions, operation and procedure of which shall, subject to this section, be prescribed by or under an Act of the Legislature.
(2) The functions of the Complaints Commission shall include, without prejudice to the jurisdiction of any court of law, encouraging the resolution of human rights complaints, maladministration complaints and other complaints prescribed by law, and assisting in their resolution, by providing an independent, fair and accessible process for resolving them.
(3) In the exercise of its functions the Complaints Commission shall not be subject to the direction or control of any other person or authority, subject to subsection (4).
(4) The Governor may, in writing, direct the Complaints Commission to inquire into, and report to him or her in relation to, a matter that can be complained about in accordance with subsection (2), and the Complaints Commission must comply with any such direction.
(5) In this section—
- “human rights complaint”
- means a complaint of breach or infringement of a right or freedom referred to in Part I of this Constitution; and
- “maladministration complaint”
- means a complaint of maladministration in the government of Montserrat.