TNAG-2156-FCO40-3076-International-Covenant-on-Civil-and-Political-Rights-(ICCPR)-1990 — Page 129

1.

1. General

The

Designed on the Westminster model, the Constitution of Montserrat does not permit executive or legislative interference with judicial functions. three organs of government, the executive, legislative and judiciary, function in harmony and there has never been any attempt to make laws that are arbitrary or to implement them in an arbitrary manner. The judicial independence on which individual liberty rests is enshrined in the Constitution.

2. The need for a bill of rights or for legislation on fundamental rights or anti-discrimination has not been felt. The rule of law prevails and principles of natural justice are observed. Equitable remedies known to English law are available to assist in preventing any miscarriage of justice. Montserrat's institutional framework enables it to conduct its affairs in keeping with the provisions of the International Covenant on Civil and Political Rights. The people of Montserrat remain vigilant in safeguarding their rights and the Government adheres to the provisions of the many international conventions to which it is a party.

3.

2.

Information relating to articles in parts I, II and III of the Covenant

The following information is supplementary to that provided in the first and second reports of the United Kingdom on Montserrat and given by the United Kingdom delegation at the meetings of the Human Rights Committee which discussed these reports. Articles in relation to which no new legislative or administrative developments have occurred are not included in this report. Inclusion of particular points does not necessarily mean that the United Kingdom considers that they fall within the scope of particular articles of the Covenant.

Article 1

4. Within the framework of the Constitution, people are free to determine their political status and freely pursue their economic, social and cultural development. There are three recognized political parties, and political meetings of these parties are not confined to election time. The Drugs (Prevention of Misuse) Ordinance, although it provides for freezing of assets of an accused, requires that consideration be given to the day-to-day needs of his household.

5.

Article 2

It is the

In Montserrat the preparation of legislation takes into account international conventions to which the United Kingdom is a party. responsibility of the Attorney General's chambers (where legislation is prepared) to ensure such harmonization. Legislative measures as are necessary to ensure to all individuals the rights recognized in the Covenant will be enacted as the occasion demands. There has been no instance of violation of individual freedom in an arbitrary manner by officials. Adequate judicial remedies are available.