International Conventions and Agreements: progress report for period 1st January 2010 to 30th June 2011.

STATES OF JERSEY

INTERNATIONAL CONVENTIONS AND AGREEMENTS: PROGRESS REPORT FOR PERIOD 1ST JANUARY 2010 TO 30TH JUNE 2011

Presented to the States on 12th September 2011 by the Chief Minister

STATES GREFFE

2011   Price code: B  R.111

INTERNATIONAL CONVENTIONS AND AGREEMENTS: Progress report for period 1stJanuary 2010 to 30th June 2011

Part One: Reports submitted on international treaties Part Two: New Matters referred to the Government of Jersey Part Three: Matters referred to in earlier reports

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

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

REPORT

INTERNATIONAL CONVENTIONS AND AGREEMENTS: Progress report for period 1st January 2010 to 30th June 2011

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 January 2010 to 30th June 2011.

PART ONE:

REPORTS SUBMITTED ON INTERNATIONAL TREATIES, CONVENTIONS AND AGREEMENTS

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

ILO reports on social policy –

• Minimum Age Sea Convention (No. 7)
• Unemployment Indemnity (Shipwreck) Convention (No. 8)
• Medical Examination of Young Persons (Sea) Convention 1921 (No. 16)
• Seaman's Articles of Agreement Convention 1926 (No. 22)
• Sickness Insurance (Sea) Convention 1936 (No. 56)
• Certification of Ships' Cooks Convention 1946 (No. 69)
• Certification of Able Seamen Convention 1946 (No. 74)
• Freedom of Association and Protection of the Right to Organise, 1948 (No. 87)
• Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
• Seafarers' Identity Documents Convention 1958 (No. 108)
• Labour Statistics Convention, 1985 (No. 160).

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

Purpose

The Convention is an agreement to control pollution of the sea by dumping and to encourage regional agreements supplementary to the Convention. It covers the deliberate disposal at sea of wastes or other matter from vessels, aircraft, and platforms.

Action

The  Government  of  Jersey  has  submitted  a  report  to  the  International Maritime  Organisation  concerning  the  disposal  of bulky  items'  and fish waste'.

3. Biennial Reports 2007–2008 on the implementation of Bern Convention Purpose

The Bern Convention is an agreement in the field of nature conservation, which covers most of the natural heritage of the European continent and extends to some states of Africa. Its aims are to conserve wild flora and fauna and their natural habitats and to promote European co-operation in that field.

The  Convention  places  a  particular  importance  on  the  need  to  protect endangered  natural  habitats  and  endangered  vulnerable  species,  including migratory species.

Action

The Government of Jersey submitted a report to the Council of Europe, as required under Article 9, on the implementation of the Bern Convention in respect of exceptions made from the provisions of Articles 4, 5, 6, 7 and 8 in 2007–2008.

4. Visit  by  the  European  Committee  for  the  Prevention  of  Torture  and Inhuman or Degrading Treatment or Punishment (CPT)

Purpose

The CPT's mandate is to examine the treatment of persons deprived of their liberty  with  a  view  to  strengthening,  if  necessary,  the  protection  of  such persons from torture and from inhuman or degrading treatment or punishment.

Action

The CPT delegation had unlimited access to facilities and visited the Police Station, La Moye Prison, Greenfields Secure Unit for Children and Orchard House Mental Health Unit.

The delegation recorded the excellent co-operation received by the Jersey authorities throughout their visit. The CPT's report found that relationships between staff and individuals detained in these establishments were strong and that the standard of accommodation provided was high; however the report also  made  a  number  of  recommendations  for  improvements  which  were welcomed.  Specific  actions  have  been  followed  up  in  response  to  the comments.

PART TWO:

NEW MATTERS REFERRED TO THE GOVERNMENT OF JERSEY

1. International Convention on the Suppression of Nuclear Terrorism

Purpose

The  Convention  imposes  an  obligation  on  State  parties  to  establish  the offences within the scope of the Convention as criminal offences under their national laws and to make these offences punishable by appropriate penalties, which take into account their grave nature. Further, the Convention imposes the obligation to establish jurisdiction, territorial as well as extra-territorial, as may be necessary, over the offences set forth in the Convention.

Action

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

2. Extension  of  the  International  Labour  Organisation  (ILO)  core' Conventions

The ILO has launched a campaign aimed at universal ratification of the 8 ILO core' Conventions by 2015. The UK Government – which has ratified all of the core Conventions – has requested the Government of Jersey to consider extension of all the remaining core Conventions which have not yet been extended to the Island, i.e. –

• Equal Remuneration Convention, 1951 (No. 100)
• Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
• Minimum Age Convention, 1973 (No. 138)
• Worst Forms of Child Labour Convention, 1999 (No. 182).

Action

The  Government  of  Jersey  has  indicated  that  it  is  sympathetic  to,  and supportive of, the principles which underlie the remaining Conventions, and continues  to  develop  legislation  concerning  equal  remuneration, discrimination, minimum age and employment.

The  Government  is  at  present  considering  whether  or  not  to  have  the Conventions extended.

3. Economic Partnership Agreement (EPA) between the Cariforum States and the European Community and its Member States

Purpose

The  Cariforum  EPA  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. This is a new kind  of  free-trade  agreement  as  sustainable  development  is  the  presiding principle governing the whole agreement. Sustainable development is also covered  in  detail  in  2 chapters  dealing  with  environmental  and  social provisions.

Action

The Government of Jersey was consulted at very short notice by the UK Government on the proposed UK ratification of the EPA. Jersey was unable to comment on the proposal in the time available, except to note that parts of the agreement might relate to matters falling within the scope of Protocol 3. The Government of Jersey wished to reserve its position regarding extension of ratification with respect to further matters, should this be possible, and they consider it desirable in future.

4. Economic Partnership Agreements between the European Community and Cameroon and the Ivory Coast

Purpose

Through its trade policy the EU aims to ensure that developing countries are able to benefit from access to its own markets and from the openness of the global  economy.  It  sees  progressive  openness  to  trade  as  one  part  of  a development strategy.

Action

The Government of Jersey was asked at short notice to comment on the proposed  UK  ratification  of  the  Agreements.  The  proposal  was  noted  by Jersey.

5. Framework Agreement on Comprehensive Partnership and Co-operation between  the  European  Community  and  its  Member  States  and  the Republic of Indonesia

Purpose

The EU-Indonesia Partnership and Co-operation Agreement (PCA) is part of a wider  co-operation  framework  which  provides  opportunity  to  expand  EU engagement in numerous fields. Four priorities for closer co-operation have already been agreed at the highest level: education, human rights/democracy; trade and investment and the environment.

Action

The Government of Jersey was asked at short notice to comment on the proposed  UK  ratification  of  the  Agreement.  Jersey  agreed  to  the  UK Government's ratification of the Agreement in respect of Jersey, but only to the extent that it falls within the scope of Protocol 3.

6. Draft Partnership and Co-operation Agreement between the European Union and its Member States, and the Republic of the Philippines

Purpose

A draft agreement was under negotiation between the EU and the Philippines to  encompass  a  number  of  areas,  including  the  environment,  agriculture, information  society,  energy,  transport,  public  administration  and  maritime labour clauses.

Action

The Government of Jersey noted that the draft agreement was expressed, in its territorial  application,  to  "apply  to  the  territory  in  which  the  Treaty establishing the European Union is applied under the conditions laid down in the Treaty". However, whilst it appears to be intended to apply to the Crown Dependencies to the extent that they are within the EU under Protocol 3, it remains unclear what the implications might be.

The Government of Jersey decided to make no further comment at this stage.

7. Partnership and Co-operation Agreement between the European Union and its Member States, and the Socialist Republic of Vietnam

Purpose

The Agreement is described as a stepping stone towards enhanced political and economic involvement of the EU in South-East Asia. It covers Human Rights, international climate change, Weapons of Mass Destruction, Small Arms and Light Weapons, and Counter-terrorism, and implements the EU policies on taxation as well as on migration.

The PCA will provide the basis for more effective engagement by the EU and its Member States with Vietnam in the development, trade, economic and justice domains, and encompasses areas such as health, environment, climate change, energy, education and culture, labour, employment and social affairs, science and technology, and transport. The Agreement further addresses legal co-operation, money laundering and terrorist financing, organised crime and corruption.

Action

Jersey was asked to comment on the draft Agreement. Whilst it appears to be intended to apply to the Crown Dependencies to the extent that they are within the EU under Protocol 3, it remains unclear what the implications might be.

Jersey has made no further comments.

8. Guidelines and Best Practices for the Restitution and Compensation of Immovable (Real) Property Confiscated or Otherwise Wrongfully Seized by  the  Nazis,  Fascists  and  Their  Collaborators  during  the  Holocaust (Shoah) Era between 1933–1945, Including the Period of World War II

Purpose

The  document  represents a  consensus  on  legally  non-binding  but  morally important guidelines and best practices for restitution and compensation of immovable (real) property confiscated or otherwise wrongfully seized by the Nazis,  Fascists  and  their  collaborators  during  the  Holocaust  (Shoah)  era between 1933–1945, including World War II.

Action

The  Government  of  Jersey  was  invited  to  comment  on  the  proposed guidelines. They welcomed the opportunity to comment and, mindful of the circumstances  experienced  by  many  individuals  during  the  Occupation, indicated that it supported the principles set out in the guidelines.

9. Ratification of the Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974

Purpose

The 1974 Athens Convention establishes a regime of liability for damage suffered by passengers carried on a seagoing vessel. It declares a carrier liable for damage or loss suffered by a passenger if the incident causing the damage occurred in the course of the carriage and was due to the fault or neglect of the carrier.

In 2002 the International Maritime Organisation (IMO) adopted a Protocol to the  1974  Athens  Convention.  The  2002  Protocol  will  amend  the  1974 Convention by introducing higher liability limits on carriers; requiring the carrier  to  provide  evidence  of  insurance  up  to  250,000 SDR  per  capita; requiring the compulsory insurance to be verified by a certificate; introducing the  right  of  direct  action  against  the  insurer;  and  changing  the  time  bar provisions in the 1974 Convention.

Action

The Government of Jersey raised a number of questions about the assumptions and proposals outlined, and are seeking further information from the United Kingdom Government.

PART THREE:

MATTERS REFERRED TO IN EARLIER REPORTS – LATEST DEVELOPMENTS

1. 1996  European  Agreement  relating  to  persons  participating  in proceedings of the European Court of Human Rights

Purpose

Jersey  is  currently  included  in  the  United  Kingdom's  ratification  of  the European Agreement relating to Persons Participating in Proceedings of the European  Commission  and  Court  of  Human  Rights,  1969.  The  1969 Agreement made provision for the purposes of the European Convention on Human Rights that persons taking part in proceedings before the European Commission of Human Rights or the European Court of Human Rights should be accorded certain immunities and facilities.

The new 1996 Agreement entirely replaces and updates the 1969 Agreement to include further provisions.

Action

Jersey indicated some years ago that they would like the 1996 Agreement to be extended to the Island. It appears that it was not possible to take it forward as the necessary legislation was not in place to give effect to the provisions of the Agreement.

It  will  be  necessary  to  introduce  Regulations  under  the  Privileges  and Immunities  (Diplomatic,  Consular,  etc.)  (Jersey)  Law  1998  to  confer privileges and immunities equivalent to those conferred in the UK by the European Court of Human Rights (Immunities and Privileges) Order 2000. The 1998 Law was amended in 2004 specifically to enable such Regulations to be made but, for reasons that are unclear, the Regulations were not made.

Jersey  has  been  asked  whether  it  is  yet  in  a  position  to  have  the  1996 Agreement extended. Drafting instructions have been prepared and further progress will be subject to allocation of law drafting time.

2. UN Convention on the Rights of Persons with Disabilities Purpose

The Convention is intended as a human rights instrument with an explicit, social development dimension. It adopts a broad categorization of persons with disabilities and re-affirms that all persons with all types of disabilities must enjoy all human rights and fundamental freedoms.

Action

The Government of Jersey is continuing to consider whether or not it wishes to have the UK ratification of this Convention extended to Jersey.

PART FOUR:

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

There are no matters to report during this period where a decision has been made by the Government of Jersey.

PART FIVE:

CONFIRMATION OF RATIFICATION OF MATTERS REFERRED TO IN EARLIER REPORTS

There are no confirmations of ratifications to report during this period.