International Convention on the Elimination of All Forms of Racial Discrimination

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A decision made (16.03.2006) to approve the International Convention on the Elimination of all forms of Racial Discrimination - periodic report

Subject:	International Convention on the Elimination of all forms of Racial Discrimination – periodic report
Decision Reference:	MD-C-2006-0015		Exempt clause(s):
Type of Report: (oral or written)	written		Person Giving Report (if oral):
Telephone or e-mail Meeting?			Report File ref:
Written report – Title	International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
Written report – Author (name and job title)	Mike Entwistle International Relations
Decision(s): The Deputy Chief Minister is requested to approve the draft report attached.
Reason(s) for decision: Ratification of the International Convention on Elimination of Racial Discrimination was extended to Jersey in 1969. The United Kingdom is due to submit its next periodic report to the United Nations under the Convention on the Elimination of Racial Discrimination in April 2006. The Home Office race equality unit has asked for a contribution by the Jersey authorities on how the Convention is being given effect in the Island. They have requested that at the very least the report will need to cover the latest position on legislation and policies against race discrimination and racist crime.
Action required: The report shall be forwarded to the United Kingdom Home Office race equality unit for incorporation into the 2006 periodic report to the United Nations Committee on the elimination of racial discrimination.
Signature: Deputy Chief Minister		Date of Decision:

REPORT

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

Progress report on behalf of Jersey

Legislation

Discrimination (Jersey) Law 200-

The States of Jersey decided in 2002 to introduce new primary legislation to address the issue of racial discrimination. It was subsequently decided to extend the remit of the drafting programme to include protection from discrimination in a number of other areas including sex and disability discrimination.

A draft Discrimination (Jersey) Law is in the final stages of preparation. Once finalised, it will be published for consultation in the Island so that organisations and individual members of the public can all comment on the proposals. The authorities hope to commence consultation early summer of 2006 with a view to a final draft Law being presented to the States as soon as reasonably possible after the consultation replies have been considered in the early summer of 2006 with a view to a final draft Law being presented to the States for approval as soon as possible after the consultation replies have been considered.

In preparing the draft Law, the insular authorities have carefully considered the need to present legislation that will provide adequate protection in accordance with the standards expected in today’s society and at the same time be comprehensive and clear.

The draft Law is designed to be an enabling law. In other words, the provisions of the legislation will allow the States to adopt separate sets of Regulations in phases which will progressively extend protection from discrimination in different areas. The intention is to achieve conformity and consistency of treatment in relation to different areas of discrimination, because the underlying provisions of the Law will deal with all types of discrimination in a similar way.

In summary, the draft Law might be compared to the foundations of a building upon which, over a period of time, floors will be added; each floor adding protection from a different type of discrimination.

As the States initially agreed in 2002 to introduce legislation to address racial discrimination, it is proposed that the first set of Regulations to be introduced will deal with this aspect. These draft Regulations will be circulated for consultation at the same time as the draft Discrimination Law.

Racial Hatred Law

Proposals for a Crime (Racial Hatred) (Jersey) Law are to be brought to the States of Jersey for debate in 2006. This legislation will create a criminal offence of using threatening, abusive or insulting behaviour, words or written material with the intention of, or with the likelihood of, stirring up racial hatred, and may include provision regarding acts of violence against racial groups.

The provisions will also extend, subject to certain defences, to publishing or distributing material, showing or playing a recording of visual images, broadcasting, and public performance of a play. Possession of racially inflammatory material with a view to carrying out any of the above actions will also be an offence.

Subject to adoption of the draft Law by the States, it is hoped the legislation would be brought into force during 2007. It is proposed to address the issue of racial hatred in this way, as a discrete piece of legislation separate from the Discrimination Law, because enforcement of the law will involve criminal sanctions rather than civil penalties.

It is already the position that in cases brought before the courts under the existing criminal law, the court takes into account when considering the appropriate sentence any racially aggravating characteristics of the offence. That has been the position for many years. The new Law would provide additional protection against racist behaviour by the creation of the new criminal offences.

Human Rights (Jersey) Law

The Human Rights (Jersey) Law is due to be brought into force in the next few months. This legislation will incorporate into Jersey law the rights established by the European Convention on Human Rights. The Convention was extended to Jersey in 1953 but until now has not formed part of the domestic law of the island. Claims under the Human Rights (Jersey) Law will be heard before the Island’s Royal Court. Under the Law, the human rights and freedoms set out in the Convention must be protected and respected without discrimination on any ground, including race, colour, nationality, or national or ethnic origin.

Policy developments

In 2004 the States of Jersey established an independent Community Relations Trust, which has two principal objectives:

· To seek to eliminate discrimination on any ground including, but not limited to, grounds of colour, race, nationality or ethnic or national origins, gender or sexual orientation, disability and age;

· To promote good relations between members of society and to seek to achieve equality of treatment and opportunity within the community.

During 2005 the Trust has pursued its aims through a number of high-profile community and educational initiatives. Examples include –

· hosting the internationally renowned Anne Frank exhibition in St Helier, particularly aimed at all school children, to raise awareness of post-war genocide,

· a free open-air screening in Jersey of the London ‘Live8’ concert on 2nd July 2005, to promote community cohesion and solidarity with developing nations,

· a youth group visit to Madeira to build closer links with Jersey’s minority Portuguese community,

· further initiatives to address the plight of other ethnic minorities, and to alleviate tensions between different racial groups in Jersey.

Although the Trust has no statutory powers, it is beginning to take on a key role in speaking out against all forms of discrimination, promoting equality and acting as an advocate for minorities and those who may be discriminated against.

In addition, a wide range of governmental and non-governmental support is provided to migrant workers coming to the Island. In particular, information aimed at newcomers, free English language classes and other educational resources are available to promote community integration.

Significant initiatives are regularly promoted to celebrate Jersey’s cultural diversity, including for example a Madeiran food festival, Polish cultural events, etc. to enhance an understanding of the different national cultures that make-up the Island community.

Data on the ethnic composition of Jersey’s population

The 2001 Jersey census collected the most recent data on ethnic and cultural background of the population:

Ethnic background	Number	%
Jersey	44,589	51.1
British	30,317	34.8
Portuguese / Madeiran	5,548	6.4
Irish	2,284	2.6
French	1,522	1.7
Other white background	1,980	2.3
Black African	151	0.2
Black Caribbean	33	< 0.1
Other black background	71	0.1
Chinese	145	0.2
Indian	120	0.1
Bangladeshi	31	< 0.1
Pakistani	21	< 0.1
Other Asian background	8	< 0.1
Other / mixed	366	0.4