Skip to main content Skip to accessibility
This website is not compatible with your web browser. You should install a newer browser. If you live in Jersey and need help upgrading call the States of Jersey web team on 440099.
Government of Jerseygov.je

Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

International Conventions: Progress Report 01.07.11 - 30.06.13

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 2 August 2013:

Decision Reference: MD-C-2013-0087

Decision Summary Title :

International Conventions Progress Report 1 July 2011 - 30 June 2013

Date of Decision Summary:

2nd August 2013

Decision Summary Author:

 

International Relations

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 N/A

Written Report

Title :

International Conventions Progress Report: 1 July 2011 – 30 June 2013

Date of Written Report:

22nd July 2013

Written Report Author:

International Relations

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:   International Conventions and Agreements: Progress Report for period 1 July 2011 – 30 June 2013

Decision(s):   The Chief Minister approved the progress report on international conventions and agreements for the period 1 July 2011 – 30 June 2013 (attached), and agreed it should be published as a Report to the States.

Reason(s) for Decision:   In accordance with a decision of the States, it has become standard practice for a progress report on international treaties, conventions and agreements that have been referred formally to the government of Jersey to be periodically laid before the States for information.

Resource Implications:  There are no manpower or resource implications arising from this Order.

Action required:   Chief Minister’s Department to forward the approved progress report to the Greffier for publication. 

Signature:

 

Position: 

 

Chief Minister

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

International Conventions: Progress Report 01.07.11 - 30.06.13

 

 

STATES OF JERSEY

 

 

INTERNATIONAL CONVENTIONS AND AGREEMENTS:

Progress report for period 1 July 2011 to 30 June 2013

 

 

 

Presented to the States Assembly on …………… by the Chief Minister

 

 

 

 

 

 

 

 

 

 

 


INTERNATIONAL CONVENTIONS AND AGREEMENTS:

Progress report for period 1 July 2011 to 30 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 1 July 2011 to 30 June 2013

 

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 1 July 2011 to 30 June 2013.

 

 

 

 

 

 


PART ONE:

 

REPORTS SUBMITTED ON INTERNATIONAL TREATIES, CONVENTIONS AND AGREEMENTS

 

 

1.1        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)

 

1.2  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 7-8 May 2013. The government of Jersey contributed to the report in respect of Jersey’s compliance with the Convention obligations.

 

1.3  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.

 

1.4  Convention on Wetlands of International Importance (Ramsar)

Purpose

Convention on Wetlands of International Importance (Ramsar) is an intergovernmental treaty that provides the framework for national action and international cooperation 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.

 

1.5  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.

 

1.6  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 14 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.

 

1.7 Human Rights Universal Periodic Review

Purpose

The Universal Periodic Review was established when the Human Rights Council was created on 15 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 24 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.

 

1.7  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.

 

1.8  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

 

2.1 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 18 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.

 

2.4 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 shipowners. 

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 the 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.

 

2.5 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.

 

2.6 Partnership and Cooperation 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 cooperation.

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. 

 

2.7   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 three 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.

Convention

Made

Date

Status

Council of Europe Convention on Mutual Legal Assistance

Strasbourg

1959

Extended to Jersey 2008 (Spain and Italy entered declarations)

Convention on Offences and Certain other Acts Committed on Board Aircraft

Tokyo

1963

Extended to Jersey 1963

Convention on the Prevention of Unlawful Seizure of Aircraft

Hague

1970

Extended to Jersey 1971

Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation

Montreal

1971

Extended to Jersey 1973

Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents

New York

1973

Extended to Jersey 1979

International Convention Against the taking of Hostages

New York

1979

Extended to Jersey 1982

Convention on the Physical Protection of Nuclear Materials

Vienna

1980

Extended to Jersey 1991 (see below regarding 2005 amendment)

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

Not yet extended

(see below)

Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation

Rome

1988

Not yet extended

(see below)

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

Not yet extended

(see below)

United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances

Vienna

1988

Extended to Jersey 1997

Council of Europe Convention on Laundering, Search, Seizure and Confiscation of Proceeds of Crime

Strasbourg

1990

Not yet extended

(see below)

Convention on the Marking of Plastic Explosives for the Purpose of Detection

Montreal

1991

Extended to Jersey 1999

International Convention on the Suppression of Terrorist Bombings

New York

1997

Extended to Jersey 2013

OECD Convention on Combating of Bribery of Foreign Public Officials in International Business Transactions

Paris

1997

Extended to Jersey 2010

International Convention for the Suppression of the Financing of Terrorism

New York

1999

Extended to Jersey 2008

Council of Europe Criminal Law Convention on Corruption

Strasbourg

1999

Extended to Jersey

13 June 2013

United Nations Convention Against Transnational Organised Crime

Palermo

2000

Not yet extended

(see below)

Council of Europe Convention on Cybercrime

Budapest

2001

Not yet extended

(see below)

United Nations Convention Against Corruption

Merida / New York

2003

Extended to Jersey 2009

Amendment to the Convention on the Physical Protection of Nuclear Materials

Vienna

2005

Not yet extended

(see below)

Protocol to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation

London

2005

Not yet extended

International Convention for the Suppression of Acts of Nuclear Terrorism

New York

2005

Not yet extended

Protocol to the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf 

London

2005

Not yet extended

The Council of Europe new Convention on laundering, search, seizure and confiscation of the proceeds from crime and on the financing of terrorism

Warsaw

2005

Not yet extended

 

3.1 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.

 

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

Purpose

The Convention criminalises 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.

 

3.3 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 criminalises 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.

 

3.4 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.

 

 

3.5  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..

 

3.6 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 cooperation 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.

 

3.7 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.

 

3.8 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 cooperation 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 cooperation.

Action

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

 

3.9 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 9 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

5.1 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 1 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 1 June 2013.

 

5.2  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 30 July 2012.  

 

5.3 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 1 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. 

 

5.4 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 coordinating 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 29 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.

 

5.5 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.

5.6 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.

 

5.7 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 1 October 2013.

1

L:\International\Conventions\Progress Reports\2013\Progress Report 1 July 2011 - 30 June 2013.doc    

Back to top
rating button