International Conventions and Agreements: progress report for period 1st October 2008 to 31st December 2009.

STATES OF JERSEY

INTERNATIONAL CONVENTIONS AND AGREEMENTS: PROGRESS REPORT FOR PERIOD 1ST OCTOBER 2008 TO 31ST DECEMBER 2009

Presented to the States on 12th July 2010 by the Chief Minister

STATES GREFFE

2010   Price code: C  R.97

INTERNATIONAL CONVENTIONS AND AGREEMENTS: PROGRESS REPORT FOR PERIOD 1ST OCTOBER 2008 TO 31ST DECEMBER 2009

Part One: Reports submitted on international treaties

1. International Labour Organisation – Article 22 Reports
2. UN  Convention  Against  Torture  and  Other  Cruel,  Inhuman  or  Degrading Treatment or Punishment
3. Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction
4. Convention on Biological Diversity
5. International Covenant on Economic, Social and Cultural Rights
6. Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter
   7. International Convention against Doping in Sport
7. Convention on the Elimination of All Forms of Racial Discrimination

Part Two: New Matters referred to the Government of Jersey

1. European Convention on the Adoption of Children 1967
2. Economic  Partnership  Agreement  between  the  Cariforum  States  and  the European Community and its Members States
3. Convention on Cybercrime
4. Vienna Convention for the Protection of the Ozone Layer – Montreal Protocol
5. Convention on the Physical Protection of Nuclear Material
6. Convention on the Suppression of Acts of Nuclear Terrorism
7. The (Third) Protocol Additional to the Geneva Conventions
8. OSPAR Convention for the Protection of the Marine Environment of the North-East Atlantic

Part Three: Matters referred to in earlier reports

1. Convention  Concerning  the  Protection  of  the  World  Culture  and  Natural Heritage
2. OECD  Convention  on  Combating  Bribery  of  Foreign  Public  Officials  in International Business Transactions

Part Four: Matters where a decision regarding a convention has been made by the Government of Jersey

1. Memorandum of Understanding on the Conservation of Migratory Birds of Prey in Africa and Eurasia
2. Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas (ASCOBANS)

Part Five: Confirmation of ratification of matters referred to in earlier reports

1. Convention on Limitation of Liability for Maritime Claims (LLMC), 1976 Protocol on the Convention of Limitation of Liability for Maritime Claims 1996
2. UN Convention against Corruption

REPORT

INTERNATIONAL CONVENTIONS AND AGREEMENTS: Progress report for period 1st October 2008 to 31st December 2009

This Report contains a list of international treaties, conventions and agreements that have  been  referred  formally  to  the  Government  of  Jersey  during  the  period  of 1st October 2008 to 31st December 2009.

PART ONE:

REPORTS SUBMITTED ON INTERNATIONAL TREATIES

1. International Labour Organisation – Article 22 Reports

Jersey is included in the ratification of a number of Conventions under the auspices  of  the  International  Labour  Organisation  (ILO).  Each  year,  the United  Kingdom  is  required  under  Article 22  of  the  ILO  Constitution  to submit reports on the application of various ratified Conventions, some of which have been extended to Jersey.

During the last period, at the request of the ILO, the Government of Jersey has provided reports on the following conventions –

Article 22 Reports

Employment and Labour Conventions

1. Unemployment Convention, 1919 (No. 2)
2. Forced Labour Convention, 1930 (No. 29)
3. Labour Inspection Convention, 1947 (No. 81)
4. Protocol  of  1995  to  the  Labour  Inspection  Convention,  1947 (No. 81)
5. Abolition of Forced Labour Inspection, 1947 (No. 105)
6. Radiation Protection Convention, 1960 (No. 115)

2. UN  Convention  Against  Torture  and  Other  Cruel,  Inhuman  or Degrading Treatment or Punishment

The Government of Jersey provided its fourth periodic report on 31st October 2008, to be annexed to the United Kingdom's fifth periodic report to the UN Committee Against Torture.

3. Convention  on  the  Prohibition  of  the  Development,  Production, Stockpiling and Use of Chemical Weapons and on their Destruction

The Government of Jersey provided an annual declaration in accordance with Article VI  of  the  Chemical  Weapons  Convention,  regarding  substances specified in the Convention.

4. Convention on Biological Diversity

The Government of Jersey provided a periodic report in January 2009 on its implementation of the UN Convention on Biological Diversity.

5. International Covenant on Economic, Social and Cultural Rights

The Government of Jersey provided further information in February 2009 on specific issues raised by the UN Committee on Economic, Social and Cultural Rights in connection with the United Kingdom's fifth periodic report.

6. Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter

The Government of Jersey provided a report in February 2009 relating to the1996 Protocol to the Convention.

7. The United Kingdom Government reported on its compliance with the UNESCO International Convention against Doping in Sport in October 2009

Although the compliance monitoring questionnaire and reporting framework only requires State Parties to report on measures taken by the metropolitan territory  to comply  with  the  Convention,  in the interests  of  completeness Jersey  provided  an  informal  report  together  with  the  other  Crown Dependencies and UK Overseas Territories.

8. Convention on the Elimination of All Forms of Racial Discrimination

The Government of Jersey provided a report on 6th October 2009 regarding progress since 2003 on implementation of the International Convention on the Elimination of All Forms of Racial Discrimination.

PART TWO:

NEW MATTERS REFERRED TO THE GOVERNMENT OF JERSEY

1. European Convention on the Adoption of Children 1967

Purpose

The Convention contains a core of essential provisions on adoption practice which each Party undertakes to incorporate in its legislation, and a list of supplementary provisions to which Parties are free to give effect. Thus, under the Convention's essential  provisions,  adoption  must  be  granted  by  a  judicial  or  administrative authority, the decision to authorise the adoption of a child must be freely accepted by the parents and the adoption must be in the interest of the child.

The Convention ensures that national law on the protection of children applies not only to adoptions of children from the Parties but also to those of children from other States.

Action

The Government of Jersey noted the continued reservation by the Former Yugoslav Republic of Macedonia had been modified and renewed with effect from 16th April 2008.

2. Economic Partnership Agreement between the Cariforum States and the European Community and its Members States

Purpose

The European Community signed an Economic Partnership Agreement (EPA) on 16th October 2008 with Antigua and Barbuda, Bahamas, Barbados, Belize, Dominica, the Dominican Republic, Grenada, Guyana, Haiti, Jamaica, Saint Lucia, Saint Vincent and the Grenadines, Saint Kitts and Nevis, Suriname, and Trinidad and Tobago (the CARIFORUM countries).

The Agreement aims at achieving sustainable development by establishing a trade  partnership  which  promotes  regional  integration  and  the  gradual integration of CARIFORUM countries into the world economy. It includes capacity building measures and supports increased investment.

Action

The Government of Jersey was asked, at short notice, to give a considered view  on  the  application  of  the  Agreement  to  the  Bailiwick.  In  the  time available they could not agree to the UK ratification of the Agreement in respect of Jersey beyond those matters falling within Protocol 3. However, the Government wished to reserve its position regarding possible extension of ratification to further matters should this be possible and should they consider this to be desirable in due course.

3. Convention on Cybercrime Purpose

The Convention aims principally at (1) harmonising the domestic criminal substantive law elements of offences and connected provisions in the area of cyber-crime,  (2)  providing  for  domestic  criminal  procedural  law  powers necessary for the investigation and prosecution of such offences as well as other offences committed by means of a computer system or evidence in relation to which is in electronic form and (3) setting up a fast and effective regime of international co-operation.

The United Kingdom signed the Cybercrime Convention in 2001, and ratified it in 2009. Under Article 38, the parties to the Convention can specify the territories to which the convention shall apply, either at ratification or at a later date.

Action

The Government of Jersey is considering whether or not to request extension of the United Kingdom's ratification to Jersey in future.

4. Vienna Convention for the Protection of the Ozone Layer – Montreal Protocol

Purpose

The Montreal Protocol of 1987 controls both the production and consumption of the various ozone depleting substances.

The Protocol and the first 2 Amendments (London, 1990, and Copenhagen, 1992) have been extended to Jersey.

The  Government  of  Jersey  has  been  asked  to  consider  2  further Amendments –

• The Montreal Amendment (1997) created a system of licenses for imports and exports of ozone depleting substances, mainly in order to tackle the growing illegal trade in the substances.
• The Beijing Amendment (1999) added bromochloromethane (methyl bromide) to the phase-out schedules and extended the controls on hydrochlorofluorocarbons  to  production  in  addition  to  the  revised controls on consumption.

Action

The Government of Jersey is considering whether or not to seek extension of the Montreal and Beijing Amendments and the legal framework needed to enable enforcement of the obligations arising.

5. Convention on the Physical Protection of Nuclear Material Purpose

The Convention is the only international legally binding undertaking in the area of physical protection of nuclear material. It establishes measures related to the prevention, detection and punishment of offences relating to nuclear material.

A  Diplomatic  Conference  in  July  2005  was  convened  to  amend  the Convention and strengthen its provisions. The amended Convention makes it legally binding for States Parties to protect nuclear facilities and material in peaceful  domestic  use,  storage  as  well  as  transport.  It  also  provides  for expanded co-operation between and among States regarding rapid measures to locate  and  recover  stolen  or  smuggled  nuclear  material,  mitigate  any radiological  consequences  of  sabotage,  and  prevent  and  combat  related offences.

The Government of Jersey has been asked whether they wish to be included in the United Kingdom ratification of the amendments.

Action

The  Government  of  Jersey  is  considering  the  legislative  and  practical requirements necessary for extension of the amendments.

6. Convention on the Suppression of Acts of Nuclear Terrorism Purpose

The Convention concerns the unlawful possession or use of nuclear devices or materials by non-state actors.

The Nuclear Terrorism Convention calls for states to develop appropriate legal frameworks criminalizing nuclear terrorism-related offences, investigate alleged offences, and, as appropriate, arrest, prosecute, or extradite offenders. It also calls for international co-operation with nuclear terrorism investigations and prosecutions, through information-sharing, extradition and the transfer of detainees to assist with foreign investigations and prosecutions.

The Government of Jersey has been asked whether they wish to be included in the United Kingdom ratification of the Convention.

Action

The  Government  of  Jersey  is  considering  the  legislative  and  practical requirements necessary for extension of the amendments.

7. The (Third) Protocol Additional to the Geneva Conventions Purpose

The Protocol introduces a new distinctive emblem, the red crystal, in addition to the existing red cross and red crescent, to be used in situations where the existing  emblems  might  be  wrongly  perceived  as  having  religious connotations. The Protocol puts the new emblem on the same legal footing as the existing emblems recognised by the Geneva Conventions.

It was proposed that extension of the Protocol to Jersey would send a strong and positive message, demonstrating that the Bailiwick stand alongside the UK and the rest of the international community in recognising the importance of the Protocol, as well as re-affirming their support for the institution of the International Red Cross.

Action

The  Government  of  Jersey  is  considering  the  legislative  and  practical requirements necessary for extension of the Protocol.

8. OSPAR Convention for the Protection of the Marine Environment of the North-East Atlantic

Purpose

The  United  Kingdom  intended  to  ratify  amendments  to  Annex II  and Annex III  to  the  OSPAR  Convention  for  the  Protection  of  the  Marine Environment in the North-East Atlantic in relation to the storage of carbon dioxide streams in geological formations.

The  Amendments  could  enable,  if  extended  at  some  point  in  the  future, storage of CO2 in sub-seabed geological formations under Jersey territorial waters,  and  enable  the  introduction  of  a  suitable  regulatory  framework compliant with the OSPAR Convention.

Action

The  Government  of  Jersey  is  considering  the  legislative  and  practical requirements necessary for extension of the Amendments.

PART THREE:

MATTERS REFERRED TO IN EARLIER REPORTS – LATEST DEVELOPMENTS

1. Convention Concerning the Protection of the World Culture and Natural Heritage

Purpose

The World Heritage Convention aims to promote co-operation among nations to protect heritage around the world that is of such outstanding universal value that its conservation is important for current and future generations.

Developments

The Government of Jersey provided a formal response in March 2009 to the Department for Culture, Media and Sport (DCMS) consultation on World Heritage policy and the future of the UK Tentative list.

2. OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions

Purpose

The OECD Anti-Bribery Convention establishes legally binding standards to criminalise  bribery  of  foreign  public  officials  in  international  business transactions and provides for a number of related measures that make this effective

Developments

The  United  Kingdom  Government  wrote  to  Jersey  on  1st  October  2009 confirming that Jersey meets the requirements of the OECD Convention on Combating  Bribery  of  Foreign  Public  Officials  in  International  Business Transactions.

It was hoped that extension of the Convention to Jersey would be completed soon.

PART FOUR:

MATTERS WHERE A DECISION REGARDING A CONVENTION HAS BEEN MADE BY THE GOVERNMENT OF JERSEY

1. Memorandum of Understanding on the Conservation of Migratory Birds of Prey in Africa and Eurasia

Purpose

The Convention on the Conservation of Migratory Species of Wild Animals, signed at Bonn on 23rd June 1979, calls for international co-operative action to  conserve  migratory  species.  Article IV.4  of  that convention  encourages Signatories  to  conclude  agreements –  including  non-legally  binding administrative agreements in respect of any populations of migratory species.

The Memorandum of Understanding is a non-statutory agreement indicating that signatories will undertakes a wide range of measures to achieve and maintain the favourable conservation status of birds of prey throughout their range and to reverse their decline when and where appropriate. Signatories will also be required to report on their progress in this regard.

Decision

The Government of Jersey decided that the Memorandum of Understanding on the Conservation of Migratory Birds of Prey in Africa and Eurasia should be extended to Jersey.

2. Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas (ASCOBANS)

Purpose

ASCOBANS is a regional agreement on the protection of numerous species of small cetaceans which live in the Baltic, Irish and North Seas and the North East Atlantic, including dolphins, whales and harbour porpoises.

In 2003 it was agreed to extend the original Agreement area (Baltic and North Seas) further west to cover parts of the North Atlantic and to incorporate waters adjacent to Ireland, Portugal and Spain. This extension also changed the name to "Agreement on the Conservation of Small Cetaceans of the Baltic, North East Atlantic, Irish and North Seas".

Decision

The government of Jersey confirmed in January 2009 that it wished to be included in the United Kingdom's acceptance of the extended territorial scope of the Agreement.

PART FIVE:

CONFIRMATION OF RATIFICATION OF MATTERS REFERRED TO IN EARLIER REPORTS

1. Convention  on  Limitation  of  Liability  for  Maritime  Claims  (LLMC), 1976

Protocol  on  the  Convention  of  Limitation  of  Liability  for  Maritime Claims 1996

Purpose

The 1976 Convention enables ship-owners or charterers to limit their liability for the payment of damages and, in exchange, requires that they establish limitation funds for the benefit of those to whom they are liable.

Under the Protocol the amount of compensation payable in the event of an incident is substantially increased and it also introduces a "tacit acceptance" procedure for updating these amounts.

Developments

The legislation to implement this Protocol is the Shipping (Jersey) Law 2002 as  amended  by  the  Shipping  (Amendment  No. 2)  (Jersey)  Law  2009. Following introduction of this legislation the Government of Jersey, on 7th July 2009, requested the United Kingdom to extend ratification of the 1996 Protocol to Jersey.

The  Government  also  requested  that  certain  reservations  were  entered  on behalf of Jersey, consistent with those of the United Kingdom.

In addition, Jersey requested extension of the United Kingdom denunciation the original 1976 Convention.

The  International  Maritime  Organisation  confirmed  to  the  Foreign  and Commonwealth  Office  that  these  actions  had  taken  effect  on  the  date  of notification, 14th December 2009.

2. UN Convention against Corruption Purpose

The  United  Nations  Convention  against  Corruption  (UNCAC)  is  the  first legally binding international anti-corruption instrument.

UNCAC obliges its States Parties to implement a wide and detailed range of anti-corruption measures affecting their laws, institutions and practices. These measures aim to promote the prevention, criminalization and law enforcement, international  co-operation,  asset  recovery,  technical  assistance  and information exchange, and mechanisms for implementation.

Developments

Jersey  was  represented  for  the  first  time  at  the  Third  Session  of  the Conference of the States Parties to the UN Convention against Corruption, held on 9–13th November 2009, in Doha, Qatar.

In  the  closing  session  of  this  conference  the  UK  delegation  made  an announcement confirming the extension of ratification of the Convention to Jersey and the other Crown Dependencies.