About The Complaints Commission
The Montserrat Complaints Commission, (the Commission), is a body and one of the four Commissions, established by section 105 of the Montserrat Constitution Order 2010. The Commission is fully independent and is not subject to control by any individual or group. It is being assisted in the pursuit of its function by the Constitution and Commissions Secretariat.
Our Mission
Our mission is to encourage 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.
Purpose of the Complaints Commission
The Complaints Commission considers resolution of human rights and maladministration complaints in the Government of Montserrat, as well as other complaints prescribed by law, and assist in their resolution, by providing an independent, fair and accessible process for resolving them.
A human rights complaint refers to a complaint made by someone who believes that there has been a breach or infringement of a right or freedom. These fundamental rights and freedom are described in part 1 of the Montserrat Constitution Order 2010. Three examples of human rights, as stated in the Constitution are;
- The right to privacy
- The right to be protected from discrimination
- The right to freedom of expression
Maladministration refers to inefficient, bad or improper administration within the government of Montserrat. Examples of this may include:
- Unreasonable conduct, including delay, discourtesy and lack of consideration for a person affected by any action
- Abuse of any power, including any discretionary power or authority. This includes any action which:
(i) is unreasonable, unjust, oppressive or improperly discriminatory or which is in accordance with a practice which is or may be unreasonable, unjust, oppressive or improperly discriminatory; or
(ii) was based wholly or partly on a mistake of law or fact;
(c) unreasonable, unjust, oppressive or improperly discriminatory procedures.
Persons who believe that they have been affected by either maladministration within the Government service or human rights issues in Montserrat, particularly within the last year, are encouraged to contact the Complaints Commission.
Confidentiality
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Integrity
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Independence
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Impartiality
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Composition of the Complaints Commission
The Commission is made up of three members, one of whom must be an Attorney-at-Law with at least 15 years of experience. The Governor, acting on the advice of Cabinet, appoints these members, for two to four years. Two members are required in order to have a quorum at any meeting of the Commission.
Fees
There are no fees associated with the work of the Commission, as it relates to investigations into a complaint or mediation.
Confidentiality
Confidentiality is very important to the Commission, and the Act requires secrecy from all persons who are connected in any way to the work of the Commission. This notwithstanding, there are circumstances under which the Commission is not required to maintain secrecy, such as when there is evidence that a crime has been committed. It may also find it necessary to disclose a reasonable amount of information in order to establish grounds for its conclusions and recommendations.
Constitutional Guidlines
The constitutional guidelines are as follows;
- There shall be a Complaints Commission for Montserrat established by section 5 of the Constitution.
- The Complaints Commission shall consist of a Chairman and two other members, who shall be appointed by the Governor acting on the advice of the Cabinet for a period of two to four years.
- At least one member of the Commission shall be an attorney-at-law who possesses at least 15 years’ standing at the bar.
- No one shall be appointed under this section unless the Governor is satisfied that he or she is a person of high public standing and has a reputation for personal integrity.
- The Chairman and other Members of the Committee shall receive such remuneration as shall be determined by the Legislative Assembly in accordance with section 97 of the Constitution.
- Subject to section 105(4) of the Constitution, the Commission shall not be subject to the direction or control of any other person or authority in the exercise of its functions.
Reports of the Commission
The Commission may produce several reports within a given year. Individual case reports are prepared along with an annual report, and a special report may be produced if necessary.
- Case reports
Once an investigation is concluded, a report is produced which contains the findings of fact, the Commissions’ opinion and the reasons for its opinion. The relevant Department of Government or public authority is provided with a report, and one is made available to the Governor and each member of Cabinet.
If in the course of the investigation, the Commission determines that someone has sustained an injustice resulting from a breach or infringement of a human right, or of maladministration recommendations for included in the report. The Commission can also request that the Department of Government or public authority notify it, within a specified time, of the steps, if any, that it proposes to take to give effect to the recommendations. The Commission may also in its report, or at any later stage if it thinks fit, specify the time within which an injustice should be remedied
- Special Reports
Attention must be paid to the issues raised within the report, as well as, the recommendations. If, within a reasonable time after the Commission issues its report or the time specified, no action is taken which seems to the Commission to be adequate and appropriate, a special report is to be provided to the Governor. The report may take into consideration the comments, if any, made by or on behalf of the relevant department, authority or person. This report is to be laid before the Legislative Assembly within a three-month period of its receipt.
- Annual Reports
The Commission is required to provide the Governor with a full report on the performance of the functions of the Commission during the financial year, as soon as possible, after 30 June of each year. These are then laid before the Legislative Assembly within a period of three months after their receipt.