Jersey Law Review - February 2003
CONVENTIONS AND AGREEMENTS
ONE: NEW ISSUES REFERRED TO THE INSULAR AUTHORITIES BETWEEN 1ST APRIL
2001 AND 31ST MARCH 2002.
1. International Labour Organisation
The Island is party to a number of conventions
under the auspices of the International Labour Organisation. During this
reporting period, the Island was required to submit Convention reports on the
Minimum Age (Agriculture) Convention
Medical Examination of Young Persons (SEA)
Equality of Treatment (Accident Compensation)
Seamen’s Articles of Agreement Convention
Sickness Insurance (Industry) Convention
Sickness Insurance (Agriculture) Convention
Forced Labour Convention 1930
Protection Against Accidents (Dockers)
Convention (Revised) 1932
Sickness Insurance (SEA) Convention
Certification of Ship’s Cooks Convention
Certification of Able Seamen Convention
Labour Inspection Convention 1949
Freedom of Association and the Right to
Organise Convention 1949
Migration and Employment Convention
Right to Organise and Collective Bargaining
Abolition of Forced Labour 1957
Radiation Protection Convention 1964
Paid Education Leave Convention 1977
2. Mixed Competence Agreements
Purpose: A number of Mixed Competence
Agreements had been arranged between the Member States of the European Union
and third countries. The crux of these agreements concerns co-operation,
stabilisation and peace matters; for example improving co-operation on the
prevention and combating of illegal cross-border migration, and facilitating
expulsion of persons whose entry or residence in their territories is
illegal. The Insular Authorities have, on occasion, been asked whether
they wish these Agreements to be extended to Jersey.
Action: The Insular
Authorities have accepted that the areas of community competence within the
framework of Protocol 3 will perforce apply to the Island. Given,
however, that these Agreements fall, in the main, outside the scope of Protocol
3, the Island did not accept extension of these agreements with the following
Arab Republic of Egypt
African, Caribbean and Pacific States
An Agreement on trade, development and
co-operation between the European Community and its Member States and the
Republic of South Africa, is still being considered. The Insular
Authorities have asked for more information on this Agreement.
Charter for Regional or Minority Languages
Purpose: The protection and
promotion of regional or minority languages.
Action: The United
Kingdom ratified the Charter on March 27th, 2001 and the Insular Authorities
were asked whether they wanted the Charter extended to Jersey.
After consideration by the Education and Policy
and Resources Committees the Insular Authorities confirmed they did not wish
the United Kingdom’s ratification to be extended to the Island at this time.
4. Agreement between the Government
of the United States of America and the Government of Great Britain and
Northern Ireland Regarding the Sharing of Forfeited or Confiscated Assets or
their Equivalent Funds
Purpose: To improve the
effectiveness of law enforcement in both countries in the investigation,
prosecution, and suppression of crime and in the tracing, freezing, seizure and
forfeiture or confiscation of assets related to crime.
Action: The Insular
Authorities were asked whether they wished the Agreement to be extended to the
The Insular Authorities are in principle
interested in reaching a satisfactory agreement on the question of asset
sharing, and are giving active consideration as to how this may best be taken
TWO: OUTSTANDING MATTERS WHICH REMAIN UNDER CONSIDERATION
1. Bonn Convention on the
Conservation of Migratory Species of Wild Animals
Purpose: To protect particular
species of wild animals which are under threat.
following developments occurred during the year –
the Insular Authorities commented on a draft joint
programme of work between this Convention and the Convention on Biological
Diversity, stating that they would be pleased to contribute to the
implementation of this working plan when appropriate or possible;
the Insular Authorities asked to be included in
the United Kingdom’s ratification of the “Agreement on the Conservation of
Albatrosses and Petrels”;
the Insular Authorities contributed to the United
Kingdom’s submission to the (COP7) – Seventh Conference of Parties to the
Convention and African Eurasian Waterbird Agreement.
2. Council of Europe Convention on
Purpose: To enable international
mutual assistance to be provided in the investigation and prosecution of crimes
committed with the help of or entirely by computer (e.g. computer related
forgery and fraud, offences related to child pornography).
Insular Authorities were sent a copy of the final draft of the Convention,
together with the Explanatory Report and draft schedule of
the legislation that is required before the United Kingdom may ratify the
The Convention was signed in Budapest on November
23rd, 2001. The Insular Authorities have been asked whether the Island
wishes the Convention to be extended when it is ratified by the United
Kingdom. The matter is being considered by the Law Officers, and relevant
departments have been consulted.
3. United Nations Framework
Convention on Climatic Change and Kyoto Protocol
Purpose: The Convention seeks to
monitor the emissions of greenhouse gases, with the Protocol setting out
targets for Europe to reduce its emission of the six main gases that cause
Insular Authorities had previously confirmed that they wished to have the
Protocol extended to the Island, and did so again in December 2001.
The United Kingdom requested assurance that all
the necessary steps had been taken to meet the Protocol’s obligations, in
particular, an indication of the general trend in future greenhouse gas
emissions. The Environmental Adviser is considering the matter.
4. Agreement on the Conservation of
Small Cetaceans of the Baltic and North Seas (ASCOBANS)
Purpose: The conservation of
small cetaceans of the Baltic and North Seas.
Insular Authorities wrote to the Lord Chancellor’s Department (LCD) about the Island’s concern at the increasing number of dead dolphins being
found on the Island’s beaches as a result of fishing activities.
Through the LCD, the Department of Environment
Food and Rural Affairs (DEFRA) replied that it shared the concern about small
cetacean casualties caused by fishing, and stated that at the European level
action was being taken by the European Fisheries Commissioner. DEFRA
further noted that it had funded the Sea Mammal Research Unit (SMRU) to
undertake monitoring projects in this area.
In addition, at the third meeting of ASCOBANS in
July 2000, the United Kingdom’s “Harbour Porpoise Conservation Strategy” was
launched, which sets out how the species is to be protected from pollution,
seismic and other disturbances, as well as incidental mortality as a result of
fishing activity. DEFRA is proposing to produce a strategy for the
protection of all cetacean species.
5. Convention on Wetlands of
International Importance (RAMSAR)
Purpose: To achieve sustainable
development throughout the world by the conservation and wise use of wetlands.
Numerous developments have arisen over the year –
In May 2001 the Insular Authorities commented on
the United Kingdom’s Ramsar Committee Meeting and various documents following
that meeting, and requested observer status at future
Ramsar Committee meetings;
the Insular Authorities, at the end of May 2001,
were sent a copy of the third draft of the Ramsar Strategic Plan 2003-2008;
in June 2001 the Insular Authorities were invited
to have observer status at the United Kingdom’s Ramsar Committee meetings, and
replied that they would be pleased to do so;
on June 25th, 2001 the Insular Authorities were
requested to complete a questionnaire/report on the implementation of the
Convention in the Island. The Environmental Adviser supplied answers to
those items relevant to the Island;
the Insular Authorities were sent the consultation
draft of the United Kingdom’s Ramsar Report which was to be presented at the
eighth meeting of the Contracting Parties to the Convention in Valencia in
the Insular Authorities attended the United
Kingdom’s Ramsar Committee meeting in November 2001;
the Insular Authorities have received a copy of
the proposed new guidelines for management planning for Ramsar sites and other
6. United Nations Convention against
Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
Purpose: In accordance with the
principles proclaimed in the Charter of the United Nations, the Convention
recognises the inherent dignity of the human person and
proscribes torture and other cruel, inhuman or degrading treatment or
punishment throughout the world.
accordance with reporting requirements, the Insular Authorities were asked to
prepare their third periodic report. The basis of the report concerned
deaths in prison or prison custody, and the issue of torture or degrading
treatment. The Island was asked to address any relevant new legislation
or measures. The Island’s report was submitted to the United Kingdom in
January 2002 and will be included as part of the United Kingdom’s report.
7. Convention on Biological Diversity
Purpose: To ensure the
maintenance of the variety of life forms for present and future generations.
Island was included in the United Kingdom’s ratification in
September 1994. The Insular Authorities commended on a draft joint
programme of work between this Convention and the Convention of Migratory
Species of Wild Animals.
8. Montreal Protocol and Beijing
Protocol Amendments to the Vienna Convention on Substances that Deplete the
Purpose: These Protocols provide
additional measures for the protection of the ozone layer, with amendments in
respect of trade, licensing, production, new substances and data reporting.
Action: The Insular
Authorities had previously (January 1999) requested to be included in the
United Kingdom’s ratification of the Montreal Protocol (as amended). As
to the Beijing Protocol the Insular Authorities have requested more information
so as to establish whether the Island needs further legislation in place in
order to have ratification extended to the Island.
9. European Convention on Mutual
Assistance in Criminal Matters 1959
Purpose: To afford mutual
assistance between contracting states in proceedings in respect of offences the
punishment of which, at the time of request for assistance, falls within the
jurisdiction of the judicial authorities of the requesting party.
Action: The Insular
Authorities were asked whether Jersey would now wish the extension of the
Convention to the Island, given that the Criminal Justice (International
Co-operation) (Jersey) Law 2001 has come into force. The matter is with
the Law Officers for consideration.
The Second Additional Protocol to the Convention
was sent to the Insular Authorities for information.
10. European Convention on
Purpose: To develop uniform
rules with regard to extradition and to assist common action in legal matters.
Insular Authorities were asked whether they wished the Second Additional
Protocol, dealing with extradition for fiscal offences, to be extended to the
Island at the same time as the other Crown Dependencies. Jersey has confirmed that it desires the extension of the United
Kingdom’s ratification of the Protocol, given its commitment to the fight
against international fiscal crime.
11. Convention on International Trade
in Endangered Species (CITES)
Purpose: To regulate the
international trade in wild animals and plant species whose survival is
Action: The Insular
Authorities have been asked to progress domestic legislation equivalent to the
EU Regulation 338/97 which would enable Jersey to comply with the
Convention. Whilst the Insular Authorities are still of the opinion that
this is a trade in goods matter, the Law Officers, in consultation with
officials, are considering the matter and have asked for a meeting the DEFRA
officials. In addition, the practical issue of CITES certificates is
On behalf of the Durrell Wildlife Conservation
Trust, the Insular Authorities asked the United Kingdom to assist with
reclassifying the Madagascar flat-tailed tortoise – Pyxis planicauda. The
United Kingdom was unable to assist, this being a matter for the Madagascan
12. United Nations Convention against
Transnational Organised Crime
Purpose: To eliminate
inconsistencies among States that are frequently exploited by multinational
criminal groups. Specific issues included combating money laundering,
mafia activity and the growth in sexual slavery, illegal smuggling of migrants and trafficking of women and children.
Action: The Insular
Authorities were asked whether they wished the Convention to be ratified on the
Island’s behalf, although it has not yet been ratified by the United
Kingdom. The Insular Authorities are conducting a review of local
legislation, having expressed their agreement with the objects of the
13. International Plant Protection
Purpose: To secure common and
effective action to prevent the spread and introduction of pests and plant
products and to promote measures for their control.
Insular Authorities have been informed by DEFRA that approximately 35 countries
have accepted the changes in the revised text, which the Insular Authorities
had previously agreed. Thirty-five is less than half the number required
for formal adoption, but most countries using IPPC are acting as if the changes
have been accepted, with the inclusion of an interim Commission.
14. United Nations Convention on the
Elimination of Racial Discrimination (ICERD)
Purpose: To prohibit and prevent
all forms of racial discrimination.
Insular Authorities were asked for an update so that it could be included in
the United Kingdom’s 16th Periodic Report.
With reference to the 2001 census, a breakdown of
the population by ethnic and cultural background was provided; and the progress of draft legislation was noted, as well as the work
of nine working groups which had recommended the creation of a “Jersey
Community Relations Trust”. This recommendation has been agreed in
principle by the Policy and Resources Committee, but the issue of funding is
still outstanding, preventing its establishment.
15. Council of Europe Convention on
the Protection of Animals for Slaughter
Purpose: To protect animals at
the time of slaughter or killing.
Action: The United
Kingdom has informed the Insular Authorities that it was ready to proceed with
the ratification of the Convention, and asked whether the Island still wished
for the extension of ratification; because the necessary legislation is not yet
in place, extension has been declined for the time being.
16. Investment Promotion and
Protection Agreements (IPPAs)
Purpose: To create favourable
conditions for greater investment of one Contracting Party in the area of the
Foreign and Commonwealth Office (FCO) informed the Insular Authorities that it
was reviewing all existing and future IPPAs, given a recent dispute with
The Insular Authorities noted the FCO position,
and requested further information on the dispute.
Coffee Agreement, 2001
Purpose: To promote
international co-operation on coffee matters.
International Coffee Agreement, 2001 was formally approved by the Council of
the International Coffee Organisation in September 2001, replacing the
International Coffee Agreement, 1994.
The Insular Authorities confirmed that they did
wish to be a party with the United Kingdom to the new International Coffee
18. International Covenant on
Economic, Social and Cultural Rights
Purpose: In accordance with
principles proclaimed in the Charter of the United Nations and the Universal
Declaration of Human Rights, the Covenant seeks to guarantee that all human
beings enjoy economic, social and cultural freedoms.
Action: The Crown
Dependencies of Jersey, Guernsey and the Isle of Man were included as part of
the United Kingdom delegation of the Twenty-eighth Session of the Human Rights
Committee on Economic, Social and Cultural Rights examining the United
Kingdom’s fourth periodic report. This examination was held in Geneva on
6th – 7th May, 2002.
A report detailing the procedure, outcome, and
concluding observations of this oral examination is to be presented to the
States by the Policy and Resources Committee.
Convention on the Control of Transboundary Movements of Hazardous Wastes
Purpose: To limit and control
the movement of hazardous and other wastes between countries and provide
assistance to developing countries with the movements of such waste.
Insular Authorities were asked for information on the measures being taken to
provide new facilities within the Island for the environmentally sound disposal
of wastes generated and as to the time scales related thereto. The
Insular Authorities provided a detailed response including their work on a
long-term strategy. They further confirmed that the preparation of new
domestic legislation was well advanced to enable the Convention to be extended
to the Island, but requested an extension for a period of the Memorandum of
Understanding between the United Kingdom and the States of Jersey relating to
the agreed arrangements for the movements of hazardous wastes.
20. 1999 Montreal Convention for the
Unification of Certain Rules for International Carriage by Air
Purpose: To consolidate existing
agreements into one legal instrument that provides an adequate level of
compensation for those involved in international air accidents.
Insular Authorities were asked for confirmation that Jersey legislation is
adequate to allow the Convention to be extended.
The Law Officers are providing drafting
instructions for the necessary Order in Council which will enable the
extension, and have received copies of the United Kingdom’s
draft statutory instruments.
21. Convention on the Protection of
the Marine Environment in the North East Atlantic (OSPAR)
Purpose: To merge the Convention
for the prevention on marine oil pollution from land based sources (Paris) with
the Convention on the prevention of marine pollution by dumping from ships and
aircraft (Oslo) including such new concepts as the precautionary principle,
best available technology, and best environmental practice.
French Minister for Foreign Affairs formally confirmed that the United
Kingdom’s ratification of the Convention was extended to Jersey on January 31st,
2002. This did not include Annex V of the Convention, and this matter is
now being considered.
THREE: MATTERS RECENTLY RESOLVED
1. Amendment of the Agreement on the
Conservation of Bats in Europe (EUROBATS)
Purpose: To protect migratory species
of wild animals.
Foreign and Commonwealth Office confirmed that the extension of the Agreement
(with Amendment) to Jersey occurred on October 29th, 2001.
The Editor regrets that this section of the Review has been in
abeyance since the October 2001 issue. The information is based upon
reports published by the Policy and Resources Committee; the publication of
those reports has only recently been resumed.