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International Covenant on Civil and Political Rights (ICCPR) - Seventh Periodic Report from Bailwick of Jersey

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.

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  • 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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 4 July 2012:

Decision Reference: MD-C-2012-0067

Decision Summary Title :

ICCPR – seventh report 2012

Date of Decision Summary:

22nd June 2012

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:

 

Written Report

Title :

International Covenant on Civil and Political Rights - Seventh periodic report from the Bailiwick of Jersey

Date of Written Report:

22nd June 2012

Written Report Author:

International Relations

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  International Covenant on Civil and Political Rights (ICCPR) - Seventh Periodic Report from the Bailiwick of Jersey

 

Decision(s):  The Chief Minister decided –

  • to approve the draft submission from the Bailiwick of Jersey to the seventh periodic report on the International Covenant on Civil and Political Rights (ICCPR); and
  • that it should be conveyed to the United Kingdom Ministry of Justice through the official channel.

Reason(s) for Decision:  

 

The International Covenant on Civil and Political Rights (www2.ohchr.org/english/law/ccpr.htm) is a treaty which all UN member states have signed and ratified, which along with another covenant on social and economic rights, creates binding human rights.  The Covenant was extended to Jersey at the same time as United Kingdom ratification on 20th May 1976.

 

When a country signs up to the covenant, it provides an initial report which describes the extent to which rights are protected in their territories. The UN Human Rights Committee then examines the member state against this initial report and makes observations (recommendations) to encourage it to bring itself into full compliance with all the rights. From then on, periodic reviews are conducted every 4 years. The Bailiwick of Jersey is required to contribute to the UK’s periodic report to track progress against recommendations and to ensure that protection is maintained.

 

The seventh periodic report for the International Covenant on Civil and Political Rights is due to be submitted to the UN in mid-July. The attached table provides Jersey’s responses to the relevant observations made by the UN Human Rights Committee on the previous report and updates on changes to Jersey’s compliance with the Covenant or the information submitted previously.

 

The draft report has been prepared by the Chief Minister’s Department as a consolidated document in the format requested by the Ministry of Justice, in consultation with the Law Officers, Home Affairs, Education, Health and Social Services, and Social Security Departments.

Resource Implications:  There are no resource implications arising directly from this report.

Action required:

  • The Chief Minister is requested to approve the draft report. 
  • International Relations shall prepare a draft official latter, attaching the report, to be conveyed to the UK Ministry of Justice.

Signature:

 

Position: 

 

Senator I.J. Gorst

Chief Minister

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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