International Conventions and Agreements: progress report for period 1st July 2011 to 30th June 2013.

STATES OF JERSEY

INTERNATIONAL CONVENTIONS AND AGREEMENTS: PROGRESS REPORT FOR PERIOD 1ST JULY 2011

TO 30TH JUNE 2013

Presented to the States on 6th August 2013 by the Chief Minister

STATES GREFFE

2013   Price code: C  R.97

INTERNATIONAL CONVENTIONS AND AGREEMENTS: Progress report for period 1stJuly 2011 to 30th June 2013

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

Part Six:  Bilateral Agreements concluded between Jersey and another

party

REPORT

INTERNATIONAL CONVENTIONS AND AGREEMENTS: Progress report for period 1stJuly 2011 to 30th June 2013

Foreword

This report contains a list of international treaties, conventions and agreements that have been formally referred to the Government of Jersey during the period 1st July 2011 to 30th June 2013.

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 ILO reports on social policy Reports – 2011

• Right of Association (Agriculture) Convention, 1921(No. 11)
• Workmen's Compensation (Agriculture) Convention, 1921(No. 12)
• Workmen's Compensation (Accidents) Convention, 1925 (No. 17)
• Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19)
• Sickness Insurance (Industry) Convention, 1927 (No. 24)
• Sickness Insurance (Agriculture) Convention, 1927 (No. 25)
• Forced Labour Convention 1930 (No. 29)
• Workmen's Compensation (Occupational Diseases) Convention, 1934 (No. 42)
• Labour Inspection Convention, 1947 (No. 81)
• Abolition Of Forced Labour Convention 1957 (No. 105)

Reports – 2012

• Minimum Age (Industry) Convention, 1919 (No. 5)
• Minimum Age (Agriculture) Convention, 1921 (No. 10)
• Protection against Accidents (Dockers) (Revised) Convention, 1932 (No. 32)
• Freedom of Association and Protection of the Right to Organise, 1948 (No. 87)
• Migration for Employment Convention (Revised), 1949 (No. 97)
• Right  to  Organise  and  Collective  Bargaining  Convention,  1949 (No. 98)
• Minimum Wage Fixing Machinery (Agriculture) Convention, 1951

(No. 99)

2. United Nations Convention Against Torture Purpose

The  Convention  against  Torture  and  Other  Cruel,  Inhuman  or  Degrading Treatment  or  Punishment  (UNCAT)  aims  to  prevent  torture  and  cruel, inhuman  degrading  treatment  or  punishment  around  the  world.  The Convention requires states to take effective measures to prevent torture within their borders, and forbids states to transport people to any country where there is reason to believe they will be tortured.

Action

The UN Committee Against Torture considered the fifth UK periodic report on 7th–8th May 2013. The government of Jersey contributed to the report in respect of Jersey's compliance with the Convention obligations.

3. Convention on Biological Diversity Purpose

The Convention on Biological Diversity (CBD) has 3 main objectives: the conservation of biological diversity; the sustainable use of the components of biological diversity; and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources.

Action

Jersey submitted a report for the In-depth Review of Implementation of the Programme of Work on Island Biodiversity (POWIB) by the Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA) at its sixteenth meeting in May 2012.

4. Convention on Wetlands of International Importance (Ramsar) Purpose

Convention on Wetlands of International Importance (Ramsar) is an inter- governmental  treaty  that  provides  the  framework  for  national  action  and international co-operation for the conservation and wise use of wetlands and their resources.

Action

The  government  of  Jersey  was  invited  to  complete  a  summary  report (provided as an annex to the main UK report) on its implementation of the Convention, which was presented to the submitted to the 11th Meeting of the Conference of the Contracting Parties, held in Romania, June 2012.

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

Purpose

The  Chemical  Weapons  Convention  (CWC)  aims  to  eliminate  an  entire category of weapons of mass destruction by prohibiting the development, production,  acquisition,  stockpiling,  retention,  transfer  or  use  of  chemical weapons by State Parties. State Parties, in turn, must take the steps necessary to enforce that prohibition in respect of persons (natural or legal) within their jurisdiction.

Action

The  government  of Jersey  has  provided  annual  reports  (in  respect  of  the previous years 2011 and 2012) to the UK National Authority in connection with the Chemical Weapons Convention Schedule 1, Schedule 2, Schedule 3 and Discrete Organic Chemicals (DOCs) chemical activities.

6. United Nations Convention on the Elimination of All Forms of Racial Discrimination

Purpose

The Committee on the Elimination of Racial Discrimination (CERD) is the body of independent experts that monitors implementation of the Convention on the Elimination of All Forms of Racial Discrimination by its State parties.

All State Parties are obliged to submit regular reports to the Committee on how the rights are being implemented.

Action

Jersey submitted a contribution to the UK report to the UN Committee on the Elimination of Racial Discrimination prior to participation in the State Party's examination in August 2011.

On 14th May 2013, the States adopted the Discrimination (Jersey) Law 201-, which  includes,  in  Schedules  1  and  2,  specific  provisions  regarding  the prohibition of race discrimination as defined in the Law. The Law is currently awaiting Royal Assent, and shall thereafter come into force on a day to be appointed by the States.

7. Human Rights Universal Periodic Review Purpose

The  Universal  Periodic  Review  was  established  when  the  Human  Rights Council was created on 15th March 2006 by the UN General Assembly. This mandated the Council to "undertake a universal periodic review, based on

objective and reliable information, of the fulfilment by each State of its human rights obligations and commitments in a manner which ensures universality of coverage and equal treatment with respect to all States".

Action

Jersey contributed to the last UK Universal Periodic Review which took place on  24th  May  2012.  Following  the  hearing  there  were  no  specific recommendations  relating  to  Jersey.  In  2014  the  UK  government  will  be coordinating a further a mid-term report on the recommendations received, to which Jersey has again been invited to contribute.

8. International Covenant on Civil and Political Rights Purpose

The International Covenant on Civil and Political Rights (ICCPR) commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral  rights  and  rights  to  due  process  and  a  fair  trial.  The  ICCPR  is monitored by the United Nations Human Rights Committee, which reviews regular reports of States parties on how the rights are being implemented.

Action

The  government  of  Jersey  contributed  to  the  United  Kingdom's  seventh periodic report which was submitted to the UN Human Rights Committee in December 2012.

9. Agreement on the Conservation of Small Cetaceans of the Baltic, North East Atlantic, Irish and North Seas (ASCOBANS)

Purpose

ASCOBANS is a regional agreement on the protection of small cetaceans concluded, and later extended, under the auspices of the UN Convention on Migratory Species, or Bonn Convention. ASCOBANS covers all species of toothed whales in the Agreement Area, with the exception of the sperm whale.

Action

In March 2012, Jersey contributed in respect of the seas around the Island, as part of the UK national report to the 19th ASCOBANS Advisory Committee Meeting.

PART TWO

NEW MATTERS CONSIDERED BY THE GOVERNMENT OF JERSEY

1. Convention on Social Security between the Government of the Republic of Chile and the Government of the United Kingdom

Purpose

Bilateral  social  security  reciprocal  agreements  which  are  extended  by  the United Kingdom to Jersey may provide social security insurance, benefits and healthcare rights in other countries.

Action

The Government of Jersey confirmed, on 18th January 2012, that it wished to be  included  in  the  UK's  signature  and  subsequent  ratification  of  the Convention on Social Security between the Government of the Republic of Chile and the Government of the United Kingdom.

2. International Convention on the Removal of Wrecks (Nairobi, 2007) Purpose

The Convention will provide a uniform basis for State Parties to locate, mark and remove, or have removed, shipwrecks which pose a hazard to navigation or the marine environment. It will also greatly improve the prospects of full recovery of costs by imposing compulsory insurance on ship-owners.

Action

In October 2011, the UK Department for Transport advised that the UK was shortly to ratify the International Convention on the Removal of Wrecks. The DfT also informed Jersey that the UK's accession to the Convention could be extended  to  at  a  later  date  if requested. Jersey  could  either  pass its  own domestic legislation or, under section 315 of the Merchant Shipping Act 1995, the  provisions  of  The  Wreck  Removal  Convention  Act  2011  could  be extended to Jersey by Order in Council.

The  government  of  Jersey  indicated  that  in  principle  they  considered extension of the Convention to Jersey would be appropriate. However, there were particular legal issues that needed further examination. In due course it is likely that Jersey will develop its own legislation for implementation of the Convention.

3. UN Framework Convention on Climate Change (UNFCCC) Kyoto protocol – second commitment period

Purpose

The Kyoto Protocol is an international agreement which commits its Parties by setting internationally binding emission reduction targets. At the UNFCCC summit in Durban, South Africa, the European Union agreed to start a second commitment period that would begin in 2013. Other countries committed to drawing up a wider global agreement to cut emissions, that would include developing as well as developed nations and that is supposed to take effect in 2020.

Action

In June 2012 the United Kingdom Department for Environment and Climate Change made demi-official enquiries as to whether Jersey would wish to be included in a second Kyoto commitment period. Jersey has indicated that it might wish to be included but would wish to formally consider the position at the time of UK ratification of the second Protocol.

4. Partnership and Co-operation Agreement between the European Union and its Member States and the Republic of Iraq

Purpose

The objectives of this Partnership are to provide an appropriate framework for the  political  dialogue  between  the  Parties  allowing  the  development  of political relations; to promote trade and investment and harmonious economic relations  between  the  Parties  and  so  to  foster  their  sustainable  economic development; and to provide a basis for legislative, economic, social, financial and cultural co-operation.

Action

In  November  2012,  the  UK  notified  Jersey  of  its  intention  to  ratify  the Agreement. Jersey noted that Title II Section I of the Agreement (on trade in goods) would apply to Jersey given the territorial application, but that other parts would not be applicable unless specifically extended.

5. Convention for the Protection of Literary and Artistic Works (Berne, 1886)

Purpose

The Convention contains a series of provisions determining the minimum protection to be granted, as well as special provisions available to developing countries which want to make use of them.

The 3 basic principles of the Convention are that works originating in one of the contracting States must be given the same protection as that given to nationals in other contracting States; protection must not be conditional upon compliance with any formality; and protection is independent of the existence of protection in the country of origin of the work.

Action

Jersey is seeking the extension of the Berne Convention for the Protection of Literary and Artistic Works. Currently discussions are in progress with the UK Intellectual Property Office and Ministry of Justice on extension of the Convention.

PART THREE

MATTERS REFERRED TO IN EARLIER REPORTS – LATEST DEVELOPMENTS

3.  IMF Review recommendations

The Financial Action Task Force (FATF) has recommended that –

"Countries  should  take  immediate  steps  to  become  party  to  and implement  fully  the  Vienna  Convention,  1988;  the  Palermo Convention, 2000; the United Nations Convention against Corruption, 2003;  and  the  Terrorist  Financing  Convention,  1999.  Where applicable,  countries  are  also  encouraged  to  ratify  and  implement other  relevant  international  conventions,  such  as  the  Council  of Europe  Convention  on  Cybercrime,  2001;   and  the  Council  of Europe Convention on Laundering, Search, Seizure and Confiscation of  the  Proceeds  from  Crime  and  on  the  Financing  of  Terrorism, 2005."

In  2009  the  IMF  review  on  anti-money  laundering  and  combating  the financing of terrorism recommended that Jersey should –

• ensure that all provisions of the Palermo and Vienna Conventions are fully implemented;
• ensure  that  all  provisions  of  the  United  Nations  International Convention  for  the  Suppression  of  Financing  of  Terrorism  are implemented;
• consider  requesting  extension  of  the  remaining  10 international counter-terrorism related legal instruments.

The current status of each of the relevant conventions is listed below.

1. Protocol for the Suppression of Unlawful Acts of Violence at Airports supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (Montreal 1988)

Purpose

The Protocol for the Suppression of Unlawful Acts of Violence at Airports serving  International  Civil  Aviation  was  signed  as  a  supplement  to  the Convention. The Protocol makes it an offence to commit violent, dangerous, or damaging acts in airports that serve civil aviation.

Action

The  government  of  Jersey  is  currently  seeking  confirmation  from  the Department  for Transport  that  all  the  necessary  legislation is  in effect in Jersey for compliance with the Protocol, prior to seeking extension.

2. Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (Rome 1988)

Purpose

The  Convention  criminalizes  acts  which  endanger  the  safety  of  maritime navigation, such as seizing control of a ship by force, committing an act of violence  against  a  person  or  damaging  cargo  on  a  ship  if  it  is  likely  to endanger  the  safety  of  the  ship,  or  otherwise  interfering  with  the  safe navigation of the ship. A state party to the treaty must either prosecute a person who commits one of the offences or send the individual to another state that requests his or her extradition for prosecution.

Action

The  government  of  Jersey  is  currently  seeking  confirmation  from  the Department  for Transport  that  all  the  necessary  legislation is  in effect in Jersey for compliance with the Protocol, prior to seeking extension.

3. Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms  Located  on  the  Continental  Shelf  supplementary  to  the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (Rome 1988)

Purpose

The Protocol criminalizes acts which endanger the safety of a fixed platform, such as seizing control of a fixed platform by force, committing an act of violence  against  a  person  or  damaging  a  fixed  platform  if  it  is  likely  to endanger the safety of the fixed platform, or otherwise interfering with the safe operation of a fixed platform. A state party to the treaty must either prosecute a person who commits one of the offences or send the individual to another state that requests his or her extradition for prosecution.

Action

The  government  of  Jersey  is  currently  seeking  confirmation  from  the Department  for Transport  that  all  the  necessary  legislation is  in effect in Jersey for compliance with the Protocol, prior to seeking extension.

4. Council of Europe Convention on the Search, Seizure and Confiscation of Proceeds of Crime (Strasbourg 1990) ETS 141

Purpose

A key purpose of the Convention is to facilitate international co-operation as regards  investigative  assistance,  search,  seizure  and  confiscation  of  the proceeds  from  all  types  of  criminality,  especially  serious  crimes,  and  in particular  drug  offences,  arms  dealing,  terrorist  offences,  trafficking  in children and young women and other offences which generate large profits.

Action

Law  drafting  instructions  have  been  prepared  with  a  view  to  amending legislation in order to achieve full compliance with the requirements of the Convention.

5. United  Nations  Convention  Against  Transnational  Organised  Crime (Palermo 2000)

Purpose

The Palermo Convention and its three protocols (the Palermo Protocols) are –

• Protocol  to  Prevent,  Suppress  and  Punish  Trafficking  in  Persons, especially Women and Children; and
• Protocol against the Smuggling of Migrants by Land, Sea and Air;
• Protocol against the Illicit Manufacturing and Trafficking in Firearms.

All four of these instruments contain elements of the current international law on human trafficking, arms trafficking and money laundering.

Action

The government of Jersey has consulted with the Ministry of Justice on the necessary amendments to legislation. Law drafting instructions have therefore been prepared with a view to amending legislation in order to achieve full compliance with the requirements of the Convention.

6. Convention (as amended) on the Physical Protection of Nuclear Materials (Vienna 2005)

Purpose

The Convention 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.

Action

The government of Jersey recognises that, although they do not hold any nuclear materials, it would be desirable in the interests of combating nuclear terrorism, to request extension to Jersey of the United Kingdom's ratification of the above Convention in future.

At present the government of Jersey is considering whether all the necessary legislation is in place prior to seeking extension of the Convention.

7. International  Convention  for the  Suppression  of  Acts  of  Nuclear Terrorism (New York 2005)

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

At present the government of Jersey is considering whether all the necessary legislation is in place prior to seeking extension of the Convention.

8. Council of Europe Convention on Cybercrime 2001 (ETS No. 185) Purpose

The  Convention  on  Cybercrime  is  an  international  treaty  that  seeks  to harmonize  national  laws  on  cybercrime,  improve  national  capabilities  for investigating such crimes, and increase co-operation on investigations. The scope  of  the  Convention  is  wide,  with  requirements  relating  to  offences against  confidentiality,  integrity  and  availability  of  computer  systems, computer-related fraud, copyright, child pornography, violations of network security and international co-operation.

Action

Jersey  is  currently  considering  the  legislative  measures  necessary  to implement the requirements of the Convention on Cybercrime.

9. Council of Europe new Convention on laundering, search, seizure and confiscation of the proceeds from crime and on the financing of terrorism (Warsaw 2005) ETS 198

Purpose

The new Convention takes into account significant developments since the 1990  Convention  and  the  other  international  instruments  in  this  area,  in particular the recommendations of the Financial Action Task Force (FATF). This  approach  has  made  it  possible  among  other  things  to  extend  the Convention specifically to cover the financing of terrorism, in particular in the light  of  the  definition  of  financing  of  terrorism  contained  in  the  UN Convention of 9th December 1999.

The new Convention is a very significant step against terrorism, by attacking its financing on a broad front and ensuring that logistical cells cannot find financial safe havens anywhere in Europe.

Action

The Government of Jersey is currently considering what legislative changes would be required in order to seek extension of this new Convention.

PART FOUR

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

4.1  United Nations Convention on the Rights of the Child Purpose

The  United  Nations  Convention  on  the  Rights  of  the  Child  is  the  most complete statement of children's rights ever produced.

Action

The States have agreed in principle to seek extension of the Convention to Jersey. Currently, a detailed examination of the obligations and legislative requirements is being carried out on behalf of the Children's Policy Group, and a draft compliance report prepared for consideration by the Council of Ministers in July 2013. This will form the basis of a submission to the UK in support of a request for extension.

PART FIVE CONFIRMATION OF RATIFICATION

1. Convention  on  the  Transfer  of  Sentenced  Persons  and  Additional Protocol (Council of Europe No. 112)

Purpose

The purpose of the Convention is to facilitate the transfer of foreign prisoners to their home countries by providing a procedure which is simple as well as expeditious.

It may be of paramount importance that the sanction imposed on the offender is enforced in his home country rather than in the State where the offence was committed  and  the  judgment  rendered.  This  policy  is  also  rooted  in humanitarian  considerations:  difficulties  in  communication  by  reason  of language barriers, alienation from local culture and customs, and the absence of contacts with relatives may have detrimental effects on the foreign prisoner. The repatriation of sentenced persons may therefore be in the best interests of the prisoners as well as of the governments concerned.

Action

In June 2011, the States adopted the Repatriation of Prisoners (Jersey) Law 2012, which came into force in March 2012. The Law creates a framework for implementation of the Convention in Jersey.

On 1st March 2013, the Council of Europe confirmed that, at Jersey's request, the Convention on the Transfer of Sentenced Persons and Additional Protocol had been extended, and that the Convention would come into force in respect of Jersey on 1st June 2013.

2. International Convention for the Prevention of Pollution from Ships 1973 Purpose

The  International  Convention  for  the  Prevention  of  Pollution  from  Ships (MARPOL)  is  the  main  international  convention  covering  prevention  of pollution of the marine environment by ships from operational or accidental causes.

The Protocol subsumed the main International Convention and made possible the entry into force of the Convention (jointly referred to as MARPOL 73/78).

Action

In August 2012, the International Maritime Organisation confirmed extension to Jersey of the UK accession to the Protocol of 1978. The extension took effect from 30th July 2012.

3. 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972

Amendment to article 6 of the London Protocol 1996 Purpose

Jersey  is  included  in  the  UK  ratification  of  the  Protocol  (1996)  to  the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other matter (London Protocol).

In 2006 an amendment to Annex 1 of the London Protocol was adopted, adding carbon dioxide streams from carbon dioxide capture processes for sequestration' to Annex 1. In October 2009, an amendment was also adopted to Article 6 of the London Protocol, to allow the export of carbon dioxide for disposal in accordance with Annex 1.

Action

On 1st February 2012, the  International Maritime Organisation confirmed receipt from the government of the United Kingdom of their acceptance of the Amendment and that it had also been extended to Jersey.

4. Anglo-French Joint Maritime Contingency Plan (MANCHEPLAN) Purpose

British  and  French  authorities  have  agreed  procedures  for  dealing  with potential shipping accidents which might occur in the English Channel and Channel Islands area which are liable to affect both interests at the same time.

The MANCHEPLAN determines in advance of any incident which authority and State which will be charged with co-ordinating the joint action; and the principles  and  procedures  of  co-operation  in  maritime  search  and  rescue (SAR) operations and action to deal with pollution and salvage of any kind.

Action

A  revised  Agreement  was  signed  on  29th  May  2013,  in   St. Peter Port, Guernsey, between the authorities of the United Kingdom and France in order to  clarify  the  respective  responsibilities  between  the  Channel  Islands Coastguard and the French authorities for coordination of maritime search and rescue services.

5. Convention on International Trade in Endangered Species (CITES) Purpose

The Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES) aims to ensure that international trade in specimens of wild animals and plants does not threaten their survival.

Action

Following implementation of the Endangered Species (CITES) (Jersey) Law 2012,  the  government  of  Jersey  has  received  confirmation  from  the Conference of Parties (CoP 16, March 2013) that Jersey is now in the highest category for legislative compliance with the Convention obligations.

6. International Convention on the Suppression of Terrorist Bombings (New York 1997)

Purpose

The convention describes terrorist bombings as the unlawful and intentional use of explosives in public places with intention to kill, to injure, or to cause extensive destruction to compel a government or an international organization to do or to abstain from doing some act. The convention seeks to promote police and judicial cooperation to prevent, investigate and punish those acts.

Action

The United Kingdom confirmed that the Convention has been extended to Jersey, and came into force in May 2013.

7. Council of Europe Criminal Law Convention on Corruption Purpose

The Convention aims principally at developing common standards concerning certain corruption offences, though it does not provide a uniform definition of corruption. In addition, it deals with substantive and procedural law matters, which  closely  relate  to  these  corruption  offences  and  seeks  to  improve international co-operation.

Action

The United Kingdom government has confirmed that the Council of Europe Criminal  Law  Convention  on  Corruption  has  now  been  extended  to  the Bailiwick of Jersey. The effective date of acceptance for Jersey in relation to the extension will be 1st October 2013.