Strategic Plan 2005 to 2010 and matters relating to human rights and equal opportunities

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WRITTEN QUESTION TO THE PRESIDENT OF THE POLICY AND RESOURCES COMMITTEE

BY DEPUTY G.P. SOUTHERN OF ST. HELIER

ANSWER TO BE TABLED ON TUESDAY 18th JANUARY 2005

Question

In the context of Stategic Aim 3.8, promotion of human rights and equal opportunities', contained in the Strategic Plan 2005 to 2010, will the President -

( a ) inform members of the extent to which Jersey is currently compliant with existing international Human

Rights obligations?

(b ) inform members whether the Committee has investigated how Jersey's Human Rights standards

compare with neighbouring territories?

( c ) inform members of what provisions, if any, the Committee has put in place to encourage the awareness,

education and promotion of Human Rights, and whether these provisions are adequately co-ordinated and resourced?

( d ) outline what measures, if any, the Committee intends to take to improve the provisions referred to in (c)

in relation to –

(i ) t h e 60th Anniversary of the  Liberation of Jersey in 2005; and, (i i) in the 5-year period of the Strategic Plan?

( e ) state what action the Committee will take, if any, to encourage specific legislation to promote for the

elimination of all forms of discrimination in 2005? and,

( f )  state what action the Committee will take, if any, to encourage the promotion of legislation for equal

opportunities in employment matters?

Answer

1. The scope of Jersey's existing human rights obligations is considerable, including a large number of international conventions towhichthe Island is a party through the United Kingdom's ratification. These extend to issues such asthe treatment ofprisoners of war and civilians involved in armed conflict, the abolition ofslavery, the elimination of racial discrimination, the prohibition or torture and cruel, inhuman and degrading treatment, the prevention of international child abduction, andthe protection ofchildrenin inter-country adoption, toname just a few, aswellastheEuropean Convention onHuman Rights.

T h ese conventions are subject to review by the depository organisations and, together with the U.K. and other

Crown Dependencies, Jersey is required to report on its compliance. These reporting cycles are noted in the periodic report to the States on International Conventions and Agreements. The detailed recommendations of the review bodies are published and, as far as possible, legislation or other measures are put in place to ensure compliance with those recommendations.

T o the extent that Jersey is signed up to these international conventions, every effort is made to ensure the

Island is fully compliant with its existing international obligations.

2. The focus of these questions, it is assumed, is on the European Convention on Human Rights and Fundamental Freedoms whichwas ratified bytheU.K. on behalf of the Island in 1953. Thestandards that

apply to Jersey are therefore very similar to those that apply to all the neighbouring states that are also parties to

the Convention, subject to their adoption of the various Protocols.

 T  he Policy and Resources Committee continues to monitor developments in human rights standards in

neighbouring territories.

3. With regard to the aims of the strategic plan 2005 – 2010, the Policy and ResourcesDepartment is planning to implement a programme of human rights awareness,education and promotionacross the whole of the public sector, in conjunction with theHumanRights(Jersey)Law2000,coming into force. This will include a series of workshops, seminars andawareness-raising activities, co-ordinated though the HumanResources training department. Sufficient dedicatedfundinghas been brought forward to implement this programme.
4. The promotionofhuman rights is an on-goingobjectivefor the whole of the public sector, throughout the five-year strategy and beyond.Whilst Policy andResources has the lead, it mustbe the responsibility of every CommitteeandDepartmentto deliver the results.

A  lthough the European Convention on Human Rights germinated from the seeds of Second World War

repression and the terrible abuses of that time, it has now moved on. We should all celebrate Jersey's 60th anniversary of freedom, but human rights are an issue for today rather than about a particular event in history, no matter how significant it is for Jersey.

5. The responsibility topromote legislation to eliminate all forms of discrimination has been assignedby the States to the Legislation Committee.The Policy andResourcesCommittee has encouraged that Committee to bring forward its proposals, and will continue to do so in 2005.
6. The responsibility for legislation to promoteequal opportunities in employment rests with theEmployment and Social Security Committee.The Policy andResourcesCommitteewould generally welcomeanypositive developments in this regard.