STATES OF JERSEY

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International Conventions and Agreements: progress report for period 1st October 2006 to 30th September 2007

 

Presented to the States on 31st January 2008
by the Chief Minister

 

 

 

STATES GREFFE

INTERNATIONAL CONVENTIONS AND AGREEMENTS: PROGRESS REPORT FOR PERIOD 1ST OCTOBER 2006 TO 30TH SEPTEMBER 2007

 

 

Part One: Reports submitted on international treaties

 

1.1        International Labour Organisation – Article 22 Reports

 

1.2        Agreement on the Conservation of Bats in Europe (‘Eurobats’)

 

1.3        International Covenant on Economic, Social and Cultural Rights

 

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

 

1.5        Convention on the conservation of European wildlife and natural habitats, 1979 – Biennial Report

 

 

Part Two: New Matters referred to the Island Authorities

 

2.1        Protocol additional to the Geneva Conventions of 12 August 1949, relating to the adoption of an additional emblem (Protocol III)

 

2.2        Accession of Romania and the Republic of Bulgaria to the European Union

 

2.3        Taxation of Savings Agreements with Romania and the Republic of Bulgaria

 

2.4        The European Convention on the Suppression of Terrorism and connected international anti-terrorism conventions – Amending Protocol

 

2.5        1996 Protocol to the Convention on Limitation of Liability for Maritime Claims

 

2.6        International Labour Organisation Conventions on Equal Remuneration (No. 100), Discrimination (Employment and Occupation) (No. 111), Minimum Age (No. 138) and Worst Form of Child Labour (No. 182)

 

 

Part Three: Matters referred to in earlier reports

 

3.1        International Health Regulations (IHR) 2005: revised Protocol on notification of public health events of international concern

 

3.2        Optional Protocol to the UN Convention Against Torture and other Cruel, Inhuman and Degrading Treatment

 

3.3        International Convention for the Suppression of the Financing of Terrorism 1999

 

3.4        International Labour Organisation Conventions on Freedom of Association and Protection of the Right to Organise, 1948 (No. 87), and the Right to Organise and Collective Bargaining, 1949 (No. 98).

 

3.5        Tax information exchange agreement between Jersey and the United States of America

 

3.6        Tax information exchange agreement between Jersey and the Netherlands

 

 

Part Four: Matters where a decision regarding a convention has been made by the Island Authorities

 

4.1        EUCARIS Treaty

 

4.2        Corruption Conventions:

            (a)        Council of Europe Convention on Corruption 1999

            (b)        OECD Convention on Combating Bribery of Foreign Officials in International Business Transactions, 1997

 

4.3        European Convention on Mutual Assistance in Criminal Matters 1959, with the Additional Protocol, 1978

 

4.4        European Convention on the Adoption of Children 1967

 

4.5        Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (Rome, 1988) and

 

            ·           Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf (Rome, 1988)

 

4.6        Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation 1971:

 

            ·           Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation (Montreal, 1988)

 

4.7        Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data regarding Supervisory Authorities and Transborder Data Flows

 

4.8        EU-Tajikistan Partnership and Co-operation Agreement

 

 

Part Five: Confirmation of ratification of matters referred to in earlier reports

 

5.1        UK Ireland Social Security Convention

 

5.2        UK Netherlands Social Security Convention

 

5.3        Convention on Tonnage Measurement of Ships 1969

 

5.4        UK/US Extradition Treaty 2003

 

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

INTERNATIONAL CONVENTIONS AND AGREEMENTS: PROGRESS REPORT FOR PERIOD 1ST OCTOBER 2006 TO 30TH SEPTEMBER 2007

 

This report contains a list of international treaties, conventions and agreements that have been referred formally to the Island Authorities during the period of 1st October 2006 to 30th September 2007.

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 which have been extended to Jersey.

 

            During this period the government of Jersey has provided reports on the following conventions.

 

            Article 22 Reports

 

            Employment and Labour Conventions

 

              1.       Minimum Age (Industry) Convention 1919 (No. 5)

 

              2.       Minimum Age (Agriculture) Convention 1921 (No. 10)

 

              3.       Forced Labour Convention 1903 (No. 29)

 

              4.       Protection against Accidents (Dockers) (Revised) Convention 1932 (No. 32)

 

              5.       Labour Inspection Convention 1947 (No. 81)

 

              6.       Migration for Employment Convention (Revised) 1949 (No. 97)

 

              7.       Minimum Wage Fixing Machinery (Agriculture) Convention 1951 (No. 99)

 

              8.       Abolition of Forced Labour Convention 1957 (No. 105)

 

 

1.2       Agreement on the Conservation of Bats in Europe (‘Eurobats’)

 

            Purpose

 

            The Agreement was set up under the Convention on the Conservation of Migratory Species of Wild Animals, which recognises that endangered migratory-species can be properly protected only if activities are carried out over the entire migratory range of the species.

 

            The Bat Agreement aims to protect all 45 species of bats identified in Europe, through legislation, education, conservation measures and international co-operation.

 

            Action

 

            The Government of Jersey submitted its Report for 2006, prepared by the Environment Department.

 

 

1.3       International Covenant on Economic, Social and Cultural Rights

 

            Purpose

 

            This Covenant spells out the economic, social and cultural rights enumerated in the Universal Declaration on Human Rights. The ICESCR includes the right to work, to just and favourable conditions of work, to form and join trade unions, to family life, to an adequate standard of living, to the highest attainable standard of health, to education, and to take part in cultural life. It prohibits all forms of discrimination in the enjoyment of these rights, including on the basis of sex, and requires that countries ensure the equal rights of women and men.

 

            All States parties are obliged to submit regular reports on how the rights are being implemented.

 

            Action

 

            Jersey submitted its fifth periodic report of the United Kingdom for inclusion in their report to the United Nations on progress against the International Covenant on Economic, Social and Cultural Rights. The Report was formally approved by the Chief Minister, presented to the States and published on the States Greffe website.

 

 

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

 

            Purpose

 

            Since migrating cetaceans (dolphins, whales etc.) regularly cross national boundaries, their effective protection can only be achieved by international cooperation. The aim of the Agreement is to promote close cooperation amongst Parties with a view to achieving and maintaining a favourable conservation status for small cetaceans.

 

            Action

 

            The Government of Jersey submitted their annual contribution to the ASCOBANS Report for 2006.

 

 

1.5       Convention on the conservation of European wildlife and natural habitats, 1979 – Biennial Report

 

            Purpose

 

            The Convention on the conservation of European wildlife and natural habitats, 1979, is intended to promote cooperation between the signatory States in order to conserve wild flora and fauna and their natural habitats and to protect endangered migratory species.

 

            Action

 

            The Convention permits derogations providing that there is no other satisfactory option and that the exception will not be detrimental to the survival of the population concerned. Jersey has filed a biennial report on derogations applicable in the Island.

 

PART TWO:

 

NEW MATTERS REFERRED TO THE ISLAND AUTHORITIES

 

2.1       Protocol additional to the Geneva Conventions of 12 August 1949, relating to the adoption of an additional emblem (Protocol III)

 

            Purpose

 

            The Protocol recognizes an additional distinctive emblem in addition to, and for the same purposes as, the distinctive emblems of the Geneva Conventions. This additional distinctive emblem is composed of a red frame in the shape of a square on edge on a white ground.

 

            Action

 

            The government of Jersey advised the UK that they would be grateful if the United Kingdom government could keep them informed on the passage of their proposed primary legislation to give effect to Protocol III, so they can consider, at the relevant time, the extension of the legislation to Jersey by Order in Council.

 

 

2.2       Accession of Romania and the Republic of Bulgaria to the European Union

 

            Purpose

 

            On 1st January 2007, Romania and the Republic of Bulgaria became members of the European Union. It was necessary to amend the European Communities (Jersey) Law 1973 to give effect in Jersey to the 2005 Accession Treaty and the enlargement of the EU, so that the provisions of Protocol 3 to the UK Act of Accession would apply in relation to the expanded Union.

 

            Action

 

            The States enacted the European Communities (Accessions) (Jersey) Regulations) 2006 on 6th December 2006, which came into force on 13th December 2006.

 

 

2.3       Taxation of Savings Agreements with Romania and the Republic of Bulgaria

 

            Purpose

 

            The purpose is to bring into effect Agreements with Bulgaria and Romania such that individuals resident in those countries would become subject to the same arrangements for exchange of information or retention tax as those currently applied to relevant individuals resident in the other 25 EU Member States.

 

            Actions

 

            On 16th January 2007, the States agreed to ratification of the Agreements with Bulgaria and Romania on the Taxation of Savings Income.

 

 

2.4       The European Convention on the Suppression of Terrorism 1977 and connected international anti-terrorism conventions – Amending Protocol

 

            Purpose

 

            The purpose of the 1977 Convention is to assist the suppression of terrorism by supplementing and, where necessary, modifying existing extradition and mutual assistance arrangements concluded between member States of the Council of Europe, including the European Convention on Extradition 1957 and its Additional Protocols 1975 and 1978, and the European Convention on Mutual Assistance in Criminal Matters 1959 and its Additional Protocols 1978 and 2001, in that it seeks to overcome the difficulties which may arise in the case of extradition or mutual assistance concerning persons accused or convicted of acts of terrorism.

 

            The UK strongly supports the Convention as part of the international effort to counter international terrorism and supported the development of the Amending Protocol to update the original 1977 Convention. The Convention as amended will only enter into force after all Parties to the 1977 Convention have expressed their consent to be bound by it. There is no provision for the original Convention to remain in force for any Party once the Protocol has entered into force.

 

            Action

 

            The UK government has asked the government of Jersey to consider whether it wishes the UK Government to extend to it the application of the 1977 Convention as amended by the Amending Protocol; whether it wishes the UK to extend to it the application of any of the connected international counter-terrorism treaties; and how it intends to implement the amended Convention and connected treaties.

 

            This requires a detailed consideration of the existing law, and the Law Officers are currently examining the implications.

 

 

2.5       1996 Protocol to the Convention on Limitation of Liability for Maritime Claims

 

            Purpose

 

            The right of ship-owners or charterers to limit their liability for the payment of damages is determined by reference to the Convention on Limitation of Liability for Maritime Claims 1976. However, the Convention requires that they establish limitation funds for the benefit of those to whom they are liable.

 

            In 1996 it was recognised there was a need to update the 1976 Convention limits by means of a Protocol.

 

            Action

 

            The UK government has asked whether the government of Jersey wishes the 1996 Protocol to the Convention to be extended to the Bailiwick.

 

            Jersey has indicated it would like the 1996 Protocol to be extended to the Island, but implementing legislation is not yet in place. When the Shipping (Jersey) Law 2002 has been amended to reflect the changes introduced by the 1996 Protocol, notification will be provided to enable the 1976 Convention to be denounced on behalf of the Island and the extension of the 1996 Protocol to the Island.

 

            Consideration is also being given to the reservations that accompanied the UK’s ratification of the 1996 Protocol to ascertain whether any reservations should be entered on behalf of the Island.

 

2.6       International Labour Organisation Conventions on Equal Remuneration (No. 100), Discrimination (Employment and Occupation) (No. 111), Minimum Age (No. 138) and Worst Form of Child Labour (No. 182)

 

            The government of Jersey has been asked by the Joint International Team of the Department for Work and Pensions to consider the potential extension of the above ILO fundamental conventions to the Bailiwick.

 

            The Island Authorities have confirmed that consideration will be given to extension of these core conventions in due course. This will require a detailed comparison of the conventions against domestic law and practices which it is hoped might be carried out in 2008.

 

 

PART THREE:

 

MATTERS REFERRED TO IN EARLIER REPORTS – LATEST DEVELOPMENTS

 

 

3.1       International Health Regulations (IHR) 2005: revised Protocol on notification of public health events of international concern

 

            The government of Jersey received correspondence from the UK Department of Health regarding the International Health Regulations (IHR) 2005: Protocol on: A) Articles 6-12 of the IHR 2005; and B) the UK’s National IHR Focal Point.

 

            The Government of Jersey confirmed that they were content with the proposed revisions.

 

 

3.2       Optional Protocol to the UN Convention Against Torture and other Cruel, Inhuman and Degrading Treatment

 

            The government of Jersey has been asked to advise on its latest position regarding the above Optional Protocol.

 

            The Government of Jersey confirmed that whilst they are supportive of the Optional Protocol, they did not wish to have the Protocol extended to Jersey. The reason was that there would be significant resource consequences, practical difficulties and constitutional issues arising were the Optional Protocol to be extended.

 

 

3.3       International Convention for the Suppression of the Financing of Terrorism 1999

 

            In 2003 the Island Authorities requested the extension of the United Kingdom’s ratification of the above Convention. Subsequently, in 2003, it was confirmed that the Terrorism (Jersey) Law 2002 had come into force, together with subordinate legislation enabling the enforcement in Jersey of external restraint and forfeiture orders on terrorist property, to implement the Convention.

 

            In April 2007 it came to light that the requested ratification had not taken place because of a query that the Foreign and Commonwealth Office had with the Isle of Man’s request for ratification. However, the advice received was that ratification would be progressed on behalf of Jersey as a matter of urgency.

 

            The Jersey government has pressed for confirmation that the requested ratification has been finalised.

 

 

3.4       International Labour Organisation Conventions on Freedom of Association and Protection of the Right to Organise, 1948 (No. 87), and the Right to Organise and Collective Bargaining, 1949 (No. 98).

 

            In June 2007 the International Labour Organisation Committee on Freedom of Association considered a complaint against the Government of the United Kingdom concerning Jersey presented by the Transport and General Workers’ Union. The Committee requested that it be kept informed of developments following its consideration of the matter.

 

            The Government of Jersey has submitted a report to the United Kingdom Government and requested that the content should be forwarded to the Committee on Freedom of Association for their information.

 

 

3.5       Tax information exchange agreement between Jersey and the United States of America

 

            The States, on 22nd October 2002, unanimously endorsed the Agreement for the Exchange of Information relating to taxes between the Government of the USA and the States of Jersey. For the Agreement, signed in Washington DC on 4th November 2002, to come fully into effect in respect of civil as well as criminal tax matters, as from 1st January 2006, Regulations needed to be made. On 7th July 2004 the States adopted the Taxation (Implementation) (Jersey) Law 2004 which Law enables the States to make Regulations implementing Agreements with, and obligations owed to, the Governments of other countries and territories regarding or relating to taxation.

 

            On 16th May 2006 the States made the Taxation (United States of America) (Jersey) Regulations 2006 which enabled the Tax Information Exchange Agreement with the United States to be brought fully into force with effect from 23rd May 2006.

 

3.6       Tax information exchange agreement between Jersey and the Netherlands

 

            The States in February 2002 entered into a political commitment to comply with the OECD’s principles on transparency and information exchange on tax matters through the negotiation of tax information exchange agreements with the OECD Member States.

 

            In accordance with that political commitment, on 20th June 2007 Jersey and the Netherlands signed a bilateral agreement to exchange information for tax purposes. To bring the agreement into force the States will be asked to ratify the agreement following which Regulations will be presented to the States for approval.

 

            In association with the tax information exchange agreement, Jersey and the Netherlands also signed an agreement relating to mutual agreement procedures relating to transfer pricing and the application of the Dutch participation exemption and a memorandum of understanding.

 

PART FOUR:

 

MATTERS WHERE A DECISION REGARDING A CONVENTION HAS BEEN MADE BY THE ISLAND AUTHORITIES

 

 

4.1       EUCARIS Treaty

 

            Purpose

 

            The European Vehicle and Driving Licence Information System (EUCARIS) is a communications network which allows participating countries to exchange data relating to motor vehicles and driving licences.

 

            Action

 

            The Department for Constitutional Affairs wrote to Jersey in December 2006, further to previous correspondence regarding the EUCARIS Treaty.

 

            The Government of Jersey advised that its position remained as previously, that is that the Government of Jersey does not wish the Treaty to be ratified on the Island’s behalf at this time.

 

 

4.2       Council of Europe Convention on Corruption 1999 and the OECD Convention on Combating Bribery of Foreign Officials in International Business Transactions, 1997.

 

            Purpose

 

            (a)        Council of Europe Convention on Corruption 1999

 

                        The Criminal Law Convention on Corruption aims at the co-ordinated criminalisation of a large number of corrupt practices. It also provides for complementary criminal law measures and for improved international co-operation in the prosecution of corruption offences. The Convention’s implementation is monitored by the “Group of States against Corruption – GRECO”.

 

                        Overall, the Convention is broader in focus than the OECD anti-bribery Convention.

 

            (b)        OECD Convention on Combating Bribery of Foreign Officials in International Business Transactions, 1997