HUMAN RIGHTS COMMITTEE CONCLUDES CONSIDERATION OF UNITED KINGDOM"S REPORT ON DEPENDENCIES OF JERSEY, GUERNSEY AND ISLE OF MAN

Press Release
HR/CT/551

HUMAN RIGHTS COMMITTEE CONCLUDES CONSIDERATION OF UNITED KINGDOM’S REPORT ON DEPENDENCIES OF JERSEY, GUERNSEY AND ISLE OF MAN

While acknowledging the differences between the International Covenant on Civil and Political Rights and the European Convention on Human Rights, Mark De Pulford, Head of the Human Rights Unit, Home Office of the United Kingdom, affirmed to the Human Rights Committee this afternoon that the Covenant had not been ignored and consideration was given to its incorporation. Current efforts, however, were focused on the successful incorporation of the European Convention, he added.

As the Committee concluded its review of the fourth and fifth periodic reports of the United Kingdom (Jersey, Guernsey and the Isle of Man) on compliance with the Covenant, Mr. De Pulford, addressing the issue of incorporation vis-à-vis the two instruments, underscored that the Human Rights Act had powerful provisions. For example, section 3 required any interpretation of the legislation to strive to find a meaning compatible with the Covenant. He stressed that emphasis was placed on the Covenant as a source for informing the development of common law, as well.

The Acting Chairman of the Committee, Prafullachandra Natwarlal Bhagwati, of India, noted that the presence of such a large and distinctive delegation bore testimony to the commitment of the Government and the people of the territories to human rights. At the same time, there were still concerns, which would be reflected in the Committee’s concluding observations.

The first, he continued, was the non-incorporation of the Covenant in the territories’ domestic law. While the European Convention on Human Rights was being incorporated, it was also necessary that the Covenant, which had a wider sphere than the Convention, be incorporated, as well. The Courts should take into account the Covenant’s provisions when interpreting local laws.

Addressing a question posed on race relations, Nisha Bismillah, Policy and Resources Department of Jersey, said that, while there was still no legislation against racial discrimination, the island was taking appropriate measures to render such practices unlawful. A related draft law would be debated in the island’s legislature in a few months and, if passed, would be introduced in 2001.

Ms. Bismillah said the thrust was to prevent: the dissemination of propaganda based on racial hatred; hostilities stemming from racism; and the perpetuation of such modes of thought, while curtailing their membership. The goal was to find where racial discrimination existed and curb its spread. The

Human Rights Committee - 2 - Press Release HR/CT/551 1819th Meeting (PM) 17 March 2000

establishment of a positive cultural strategy for the island by October 2000 was the intention.

On the advancement of women in society, Geoff Rowland, Attorney-General of Guernsey, said it was noteworthy that out of the 80 advocates of the Royal Court on the island, 20 were women. Nine of the last 16 lawyers admitted to the Bar were women, while nearly 63 per cent of teachers and lecturers in the educational sector were women, as well. They also made up 26 per cent of the certified accountants. Of the students in colleges on the island or in University in the United Kingdom, 52 per cent were again women. Several women also held senior positions in the government service in the Bailiwick.

John Corlett, Attorney-General, Isle of Man, said that the Government of the island recognized its increasing international responsibility, especially in the area of human rights. It was committed to the provisions of the Covenant, which had been cited in cases referred to courts on the Isle. He said an education bill currently being discussed by the Department of Education would provide for religious education to be given to every pupil of compulsory school age, in accordance with the syllabus prepared by the Department. Whilst mainly of a Christian nature, it would not include catechisms of any particular denomination. Also, corporal punishment in schools was not permitted as a matter of policy, and when the education bill was enacted, it would be outlawed.

Responses to questions from the Committee were also made this afternoon by: Sally Evans, Deputy Legal Adviser, Home Office; William Bailhache, Attorney-General, Jersey; John Mills, Chief Executive, Policy and Resources Department, Jersey; and Fred Kissack, Chief Secretary, Isle of Man.

In other matters this afternoon, the Committee resumed its consideration of its general comment on article 3 which deals with gender equality, and reviewed paragraphs 10, 11 and 12 of the draft document.

The Committee will meet again at 3 p.m. Monday, 20 March, to continue its review of the general comment on article 3.

Committee Work Programme

The Human Rights Committee met this afternoon to continue its consideration of the fourth additional periodic report of the United Kingdom (document CCPR/C/95/Add.10). The document contains additional information on compliance with the International Covenant on Civil and Political Rights by the Crown Dependencies of Jersey, Guernsey and the Isle of Man. The Committee was expected to hear the responses by the United Kingdom delegation to questions posed this morning following the presentation of its report.

Responses by Delegation

MARK DE PULFORD, Head of the Human Rights Unit, Home Office, first dealt with the question of the incorporation of the Covenant into domestic law. He acknowledged that there were differences between the Covenant and the European Convention on Human Rights. The Covenant, however, had not been ignored and consideration was given to its incorporation. Currently, the United Kingdom was focused on the successful incorporation of the European Convention. Regarding the model of incorporation, the Human Rights Act had powerful provisions with powerful consequences. For example, section 3 required everyone interpreting legislation to strive to find a meaning compatible with the Covenant. Also, incorporation of the European Convention would not diminish the Covenant’s importance.

He stated that emphasis was placed on the Covenant as a source of informing the development of common law. It was true that there might be scope for more training than there had already been. As for publicity for the Covenant, the Home Office Web site did prominently display the Government’s reports to the Committee.

Turning to communication with non-governmental organizations (NGOs), he said that while the United Kingdom had extensive contact with NGOs, it was difficult to have such a dialogue with the islands because NGOs were not familiar with the situation in the islands.

With regard to the United Kingdom’s withdrawal of its reservation to article 25 of the Covenant, he said that on 2 February 1993, the Government had notified the United Nations Secretary-General of its intent to withdraw that reservation. To his knowledge, that reservation had been withdrawn.

Speaking about bringing the terrorism laws in line with article 9 of the Covenant, SALLY EVANS, Deputy Legal Adviser, Home Office, said that it was the Attorney General in Jersey who made the decision on the duration of individual detention. Presently, the maximum time allowed for detention was seven days. The Jersey Attorney General had referred this morning to the bill before the United Kingdom Parliament, which would give police officers the power to arrest terrorists with a maximum detention of up to 48 hours. Now that period could be extended up to five days. While the power to extend the duration currently lay with the executive, the bill would give that authority to the judicial magistrate. The bill was now to start its process in the House of Lords, and it was hoped that it would enter into force early next year. Jersey would consider whether, in light of the passage of that bill, any similar amendments might be made to its own law.

JOHN MILLS, Chief Executive, Policy and Resource Department, Jersey, said that Jersey took its human rights situation very seriously. Being a small community with about 85,000 people, it was inevitable that pressure would be placed on its resources, particularly human resources, to achieve its goals. New laws were only adopted when there was a practical purpose to be served. Jersey had changed its laws to ensure the full independence of its review boards. It had a panel of three private-sector lawyers entitled to sit as chairmen of those boards.

As for an ombudsman, Jersey had considered that issue and the outcome was that the island did not need one at present, given the size of its population, he said. Jersey had not considered a human rights commission and would probably follow the United Kingdom on that matter.

Regarding the age of consent for homosexual activity, he said that, as of yet, no tentative conclusions had been drawn from the debate in the United Kingdom on that issue, and they would await the conclusion of that debate. Turning to religious freedom, he said that Jersey’s “official” religion was the denomination of the Church of England, as it was in the United Kingdom. It had recently changed its law to ensure greater freedom of religion in schools. There was provision in the new law for school premises to be made available to other denominations for their activities.

With regard to publicity for the Covenant in Jersey, he said that a number of the last reports had been printed, distributed widely and made available in the island’s single, main library. The Covenant was also readily available on the United Nations Web site. There was in Jersey a high and fast-growing Internet access rate.

NISHAH BISMILLAH, Policy and Resources Department, said that, despite its small size, Jersey was a cosmopolitan society. As mentioned this morning, public opinion had shown that that discrimination was not as important an issue as minimum wage and unfair dismissal. Only a small number of islanders felt that anti-discrimination needed further exploration.

Addressing race relations, she said that while there was still no legislation against racial discrimination, Jersey was taking the appropriate measures to render such practices unlawful. A related draft law would be debated in the island’s legislature in a few months’ time and, if passed, would be introduced in 2001. A senior senator, in a public statement, said the island would not tolerate racism in any form. It was also noted that, while racism should not be ignored as an issue, there was very little evidence of it on the island. The thrust was to prevent propaganda based on racial hatred from being disseminated, to prevent hostilities stemming from racism, and to proscribe organizations that perpetuated such modes of thought, while curtailing membership in them.

She said the goal was to find where racial discrimination existed and curb its spread. It was intended that in October 2000 a positive cultural strategy would be established for the island.

WILLIAM BAILACHE, Attorney-General, Jersey, said imprisonment for non- payment of contractual debt was a remedy that was not often used. The act of imprisonment was discretionary and based on the efforts being made by the person in debt to repay. When this particular question was last considered, the view was that it remained a useful piece of legislation in a small community such as Jersey.

Responding to a question raised this morning on changes in legislation on succession, he said that in 1993 the Wills and Succession (Jersey) Law was passed, making some changes to the customary law. The ancient customary law of Normandy required a man to leave a third of his personal estate to his wife, if she survived him, and a third to children born in wedlock. If no wife survived him, then two thirds of his estate went to his children. If there was a wife and no children, then half of the estate went to her.

A woman was required by the same law to leave two thirds of her personal estate to her children, he continued. There were also extensive restrictions on her right to deal in real estate. Those restrictions were removed in the late nineteenth and early twentieth century. Men and women were now in the same position. Only the concept of a reserved portion for the surviving spouse and children had been retained.

Commenting on the issue of children born out of wedlock and the criticism of the use of the phrase “illegitimate children” this morning, he said the question was more one of attitude than nomenclature. Obviously, the use of certain words could be offensive, but that was the last thing anyone wanted. He had noted the comments by the Committee on issue of the phrase “born out of wedlock”, and would inform the authorities in Jersey accordingly. A current draft law, however, now referred to “children born of parents who were not married to each other”.

He said the Separation Law was now in its fourth draft and was expected to be approved by the Legislation Committee next month. He fully expected that it would be approved and then taken to the States for approval this year. The principles of the draft had already been approved.

Responding to questions raised on participation in the island, he said Jersey was divided into 12 parishes. There was a strong honorary system of officials who were all elected and all highly accessible. There was a legal aid system that was slightly different from that of the United Kingdom. All lawyers who had not been in practice for more than 15 years were on legal aid rota. That system was not funded by States, and lawyers could charge a fee. If a client could not pay, then the services had to be given free. That significant burden was carried by private lawyers at large.

Turning to publicity for the Covenant, he said that when officials such as the Attorney-General left the island for a conference, such as this one, it was noticed on the island and would have a big impact on the publicity given to the instrument on their return to the island.

GEOFFREY ROWLAND, Attorney-General, Guernsey, said considerable publicity was given to the Covenant and related periodic reports on the Bailiwick. Information could be found in public and court libraries. It was available free of charge in States’ departments, and a summary of all material related to international affairs was contained in the annual report in the Parliament. Regarding the European Convention on Human Rights, which would be dealt with soon, the question of human rights was put in context, and the Covenant was specifically mentioned.

On the question of the heterosexual and homosexual ages of consent on the Bailiwick, he said the position was the same in Guernsey as it was in the United Kingdom. Turning to the advancement of women in society, he said it was noteworthy that out of the 80 advocates of royal court, 20 were women. Nine of the last 16 lawyers admitted to the Bar were women. Nearly 63 per cent of teachers and lecturers in the States’ educational sector were women and 26 per cent of the certified accountants were women, as well. Of the male and female students in colleges on the island or in University in the United Kingdom, 52 per cent were also women. Several women were also in senior positions in the government service in Guernsey.

Turning to the issue of mental health law and detention, he said that there were two types of orders. The first was an urgency order, which was only made upon the provision of relevant information by a doctor and for which detention could only last up to seven days. The majority of orders were urgency orders, in order to deal with potential suicides and those people who were a danger to themselves and others. What was important was that for long-term detentions, a full certification procedure involving an independent doctor was needed and should be based on the application of a close relative or someone who had the best interest of the patient at heart. Certifications were reviewed periodically.

With regard to children’s rights to a secure accommodation, he said that the island’s facility, maintained 24 hours a day by professionals who were fully qualified in childcare, was specifically designed to provide an alternative to police detention.

He said that Sark’s Inheritance Law and recent legislation, which came into force on 19 January, only affected 40 properties on Alderney. Old charters required that those properties not be split up. If they were now divided, their society would not function, as well. The Law was not able to create long leases. Also, the Parliament in Sark had recently set up a law reform committee, which would report in the next two to three years on Sark’s Constitution. Sark was conscious of its international treaty obligations

There was co-education in all State schools, he said. There were two private secondary schools. As of last year, schools were closely integrated at the sixth-form level and were now effectively co-educational at that level.

He went on to say that religious education in schools did not include religious worship. Those schools followed the United Kingdom national curriculum. Children were educated on all religions and all denominations were invited to give lectures in local schools. There were acts of joint worship in all schools and no religion, as such, had a priority. Guernsey was truly inter- denominational.

It was possible to enter into a civil law marriage without having to go to a building and undergoing a religious ceremony, he said. That was the case across all three islands. He stated that there was no imprisonment for debt. With regard to voting rights for aliens, he said that aliens were allowed to participate in school boards, sit on parole boards, hold positions in parishes and sit on government committees.

JOHN CORLETT, Attorney-General, Isle of Man, said that the Government of Isle of Man recognized its increasing international responsibility, especially in the area of human rights. The Government was committed to the provisions of the Covenant, which had been cited in cases referred to courts on the Isle. He added that the Convention against Torture and Other Cruel and Inhuman Treatment was extended to the Isle in 1992. The Human Rights Bill had been approved by the Council of Ministers and would be brought to the Lower House in the near future, possibly in the next few weeks.

Regarding sexual discrimination, he said that the Employment Sexual Discrimination Bill, which passed the Upper House, formed the basis of a more comprehensive legislation which would be forthcoming. It concentrated mainly on equal pay provisions from United Kingdom legislation. As to racial discrimination, he said that the content of the Racial Discrimination Bill had not yet been finalized, but there was a political commitment to introduce it in the legislative session 2000-2001. Due regard would be given to article 26 of the Covenant with regard to that Bill.

Concerning education and religion in schools, he said that there was an education bill being discussed now by the Department of Education. That bill would provide for religious education to be given to every pupil of compulsory school age, in accordance with the syllabus prepared by the Department of Education. It would be wholly or mainly of a Christian nature, but would not include catechisms of any one particular denomination. Also on the subject of schools, he added that corporal punishment in schools was not permitted as a matter of policy, and when the education bill was enacted, it would be outlawed.

There was presently a paper being considered by the Council of Ministers on the age of consent for homosexual activity. The Isle’s Government was aware of the developments in the United Kingdom and would consider altering its own legislation in light of them.

Blasphemy, he said, was an offence under one of the ancient codes. Under that offence, any person who committed contempt of God or religion was guilty of a misdemeanor with a penalty of imprisonment or fine. To his knowledge, there had not been such a charge under that ancient law for many years. The Government would consider whether that offence was still appropriate under modern circumstances. In addition, there was no concept of retroactive criminal law in the Isle of Man.

Imprisonment for debt, he continued, was only possible if someone had wilfully failed to pay a debt in connection with a court judgement and it was shown that the person had the ability to pay at the time of the judgement.

He confirmed that, as far as membership of the local parliament and voting was concerned, there was no discrimination with regard to nationality. The only requirement was that the person must have been a resident for at least five years and not mentally incapacitated.

FRED KISSACK, Chief Secretary, Isle of Man, said that there was very little in terms of formal training in human rights. The new Human Rights Act would change human rights training for public officials. In June, there would be a major training process begun on the Isle, which would bring together about 170 officials and introduce to them the concepts and practices necessary for the new regime, once the Act is in place. Following that, more detailed and comprehensive programmes would be required.

With regard to the participation of NGOs, they had not provided any input in the preparation of the report, he said. The report was available to the public and, so far, no adverse comments had been received from them. The Isle was a small community of about 75,000 people. All those in authority were easily accessible to their constituents. There was also an independent media, as well as independent politicians. Anyone with grievances could raise them publicly through the courts and media. The concept of local NGOs had little relevance for the small island, since individuals could and did act on their own. In relation to prison matters, he said that juveniles were always segregated from adult offenders. They might share facilities for religion, worship and visits. They were kept separate within the constraints of the building they had at the moment. The European Torture Committee had inspected the prison in 1997. The prison, whose chief jailer was a female, operated as humane a regime as was possible, given the limits and fabric of the property. While the maximum number of offenders had been reduced from 120 to 95, the building was still not spacious, but conformed to the Committee’s recommendation. The answer lay in a new prison and there was currently a proposal for such a facility.

The question of an ombudsman, he said, had been raised 10 years ago. The Committee had examined the question and recommended against the idea, as the Isle was too small and remedies already available to people provided a more than adequate substitute. Since then, there had been an ombudsman facility introduced in the relation to pensions. The issue was raised again very recently in the Parliament, and a committee had been appointed to examine the issue.

Further Comments and Questions by Delegation

An expert asked whether the respective authorities intended to publicize the Committee’s concluding observations and whether there was any formalized procedure to deal with those conclusions. The delegation replied that consideration would be given on how to give effect to the Committee’s recommendations.

The Acting Chairman of the Committee, PRAFULLACHANDRA NATWARLAL BHAGWATI, of India, noted that the presence of such a large and distinctive delegation bore testimony of the commitment of the Government and the people of the territories to human rights. He appreciated the detailed and comprehensive answers given by the delegation. Although the fourth report was submitted a little late, an interesting and fruitful discussion regarding the human rights situation in those territories had taken place.

At the same time, he continued, there still remained some concerns, which would be reflected in the Committee’s concluding observations. The first was the non-incorporation of the Covenant in the territories’ domestic law. While the European Convention on Human Rights was being incorporated, it was also necessary that the Covenant, which had a wider sphere than the Convention, be incorporated. The courts should take into account the Covenant’s provisions when interpreting local laws. But, even if the courts take those provisions into account, local common law now would still have superiority over the Covenant.

He was glad to note that, since the third report, the territories had made progress in their human rights situation. The administrative appeals machinery had been strengthened by the setting up of review boards. It was crucial that those boards be independent.

He wondered whether there were any mechanisms to periodically evaluate gender discrimination. There was also the question of an ombudsman. Although the islands contained small communities, it would be desirable to have an

ombudsman, because the administrative tribunal would only look into administrative lapses. Another concern was religious education. Would persons expressing faiths other than the official one be able to worship in the public schools?

He recommended that it would be good to consult with civil society when preparing the report. Such consultations would heighten the credibility of the report. While blasphemy was an old offence, as long as it appeared on the statute books it interfered with the freedom of speech and must be removed. The territories must also look into training in the Covenant for public and legal officials.

Mr. DE MULFORD said the Committee had noted various reforms currently taking place in the islands. He took note of the questions and the recommendations posed by the Committee, which would only serve to enhance the reform process.

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