TNAG-2156-FCO40-3076-International-Covenant-on-Civil-and-Political-Rights-(ICCPR)-1990 — Page 182

CCPR/C/58/Add.6 page 150

Article 18

26. There is nothing to add to what has previously been stated, save that the Education Ordinance 1989 expressly refers to freedom from discrimination on the grounds of religious persuasion in respect of entry into the public school system.

Article 19

27. There is nothing to add to what has been previously stated. Since the present Constitution was introduced in March 1988, there have been no claims presented to the Supreme Court citing any breach of the fundamental rights concerned.

Article 20

28. In addition to what has been said previously, it should be noted that facts giving rise to a breach of this article would probably give rise to a criminal offence of a broader nature, viz. using violent or abusive language tending to a breach of the peace (Summary Offences Ordinance, cap. 25, sect. 14 (b)), punishable by up to three months' imprisonment.

Article 21

29. A question was asked during examination of the United Kingdom's second report on its dependent territories about the discretionary powers of commissioners of police in the dependent territories in respect of conduct of public meetings (CCPR/C/SR.857, para. 64). In the Turks and Caicos Islands, the Commissioner of Police has no express statutory powers. He can act against an assembly of persons only where there is likely to be a breach of the criminal law such as violence, criminal damage or interference with the proceedings of the court. Freedom of assembly and association is guaranteed by section 76 of the Constitution, but it is subject to exceptions in the interests of defence, public safety, public order, public morality, public health, protection of the rights and freedoms of others and legal restrictions on public officers. The Commissioner of Police is subject to the general directions of the Governor and to legal advice from the Attorney-General.

Article 22

30.

The Employment Ordinance 1988 grants legal protection to those seeking to set up trade-union organizations. To date, there are no known moves to do so. The Ordinance promotes the creation of unions by rendering a dismissal for trade-union activity to be automatically unfair. Substantial local employers, such as Barclays Bank PLC and Cable and Wireless Ltd., have staff associations which are equivalent to trade unions.

Article 24

31.

Further to the second report on the Turks and Caicos Islands, the Education Ordinance 1989 specifically makes it unlawful to employ a child of compulsory school age (between 4 and 16 years) between 8 a.m. and 3.30 p.m. on a day on which attendance at school is required by law.